Bill Text: PA SB772 | 2011-2012 | Regular Session | Introduced

---

Bill Title: In minors, defining the offense of providing minors access to firearms; and prescribing penalties.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-03-07 - Referred to JUDICIARY [SB772 Detail]

Download: Pennsylvania-2011-SB772-Introduced.html

---

PRINTER'S NO. 786
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 772 Session of2011
INTRODUCED BY STACK, KITCHEN, FONTANA, TARTAGLIONE AND FARNESE, MARCH 7, 2011
REFERRED TO JUDICIARY, MARCH 7, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, defining the offense of
providing minors access to firearms; and prescribing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6302.1. Minor's access to firearms.
(a) Storage requirements.--A person who stores or leaves a
firearm on a premises within the reach or easy access of a minor
without the supervision required by law shall:
(1) keep the firearm in a securely locked box or
container; or
(2) secure the firearm with a trigger lock, except when
the person carries the firearm on his body or within such
close proximity thereto that the person is able to retrieve
and use it as easily and quickly as if carrying it on his
body.
(b) Penalties.--A person who violates subsection (a)
commits:
(1) A summary offense, if the minor takes possession of
the firearm.
(2) A misdemeanor of the third degree, if the minor
takes possession of the firearm and the firearm is loaded.
(3) A felony of the third degree, if the minor takes
possession of the firearm, the firearm is loaded and the
firearm is used to inflict injury or death upon the minor or
any other person.
(c) Defenses.--It shall be a defense to a prosecution under
this section if any of the following apply:
(1) The firearm was stored or left in a securely locked
box or container, in a location a reasonable person would
have believed to be secure or was securely locked with a
trigger lock.
(2) The minor obtains the firearm as a result of an
unlawful entry by any person.
(3) The minor's possession of a firearm is under adult
supervision while engaged in hunting, sporting or other
lawful purposes.
(4) Injuries result from target or sport shooting
accidents or hunting accidents.
(5) The minor's possession of the firearm is incidental
to the performance of the official duties of the United
States Armed Forces, the Pennsylvania National Guard or the
personnel of any Federal, State or local law enforcement
agency.
(6) The minor's parent or the person having charge of
the minor granted permission to the minor to access the
20110SB0772PN0786 - 2 -
firearm.
(d) Notice by retailer.--A person who offers for sale at
retail any firearm shall post in a conspicuous place the
following notice:
It is unlawful to store or leave a firearm in any place
within the reach or easy access of a minor.
Section 2. This act shall take effect in 60 days.
20110SB0772PN0786 - 3 -