PRIOR PRINTER'S NO. 960 PRINTER'S NO. 1152
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1018
Session of
2023
INTRODUCED BY O'MARA, FRANKEL, GUENST, SAPPEY, PIELLI, KINKEAD,
KINSEY, SIEGEL, HANBIDGE, SCHLOSSBERG, MADDEN, SAMUELSON,
SANCHEZ, SHUSTERMAN, KHAN, HOWARD, CIRESI, KRAJEWSKI, CEPEDA-
FREYTIZ, BOROWSKI, PROBST, BRENNAN, VENKAT, RABB, FIEDLER,
FREEMAN, MARKOSEK, SOLOMON, HILL-EVANS, DEASY, WAXMAN,
VITALI, GALLOWAY, STURLA, ZABEL, ISAACSON, D. WILLIAMS,
McNEILL, DELLOSO, BOYLE, WARREN, OTTEN, N. NELSON, CONKLIN,
KIM, CERRATO, MALAGARI, DALEY, FLEMING, MADSEN, KRUEGER,
FRIEL, PASHINSKI, CURRY, WEBSTER, GUZMAN AND TAKAC,
APRIL 21, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 3, 2023
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, in firearms and other dangerous articles, further
4 providing for persons not to possess, use, manufacture,
5 control, sell or transfer firearms and for abandonment of
6 firearms, weapons or ammunition; in community and municipal
7 courts, further providing for masters; adding provisions
8 relating to extreme risk protection orders; imposing duties
9 on the Office of Attorney General; and imposing penalties.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 6105(a)(2), (a.1), (c)(10) and (f)(4)(i)
13 of Title 18 of the Pennsylvania Consolidated Statutes are
14 amended and subsection (c) is amended by adding a paragraph to
15 read:
16 § 6105. Persons not to possess, use, manufacture, control, sell
17 or transfer firearms.
 1 (a) Offense defined.--
2 * * *
3 (2) (i) Except as otherwise provided in this paragraph,
4 a person who is prohibited from possessing, using,
5 controlling, selling, transferring or manufacturing a
6 firearm under paragraph (1) or subsection (b) or (c)
7 shall have a reasonable period of time, not to exceed 60
8 days from the date of the imposition of the disability
9 under this subsection, in which to sell or transfer that
10 person's firearms to another eligible person who is not a
11 member of the prohibited person's household.
12 (ii) This paragraph shall not apply to any person
13 whose disability is imposed pursuant to subsection (c)(6)
14 or (10).
15 (iii) A person whose disability is imposed pursuant
16 to subsection (c)(9) shall relinquish any firearms and
17 firearm licenses under that person's possession or
18 control, as described in section 6105.2 (relating to
19 relinquishment of firearms and firearm licenses by
20 convicted persons).
21 (iv) A person whose disability is imposed pursuant
22 to a protection from abuse order shall relinquish any
23 firearms, other weapons, ammunition and firearm licenses
24 under that person's possession or control, as described
25 in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
26 (a.1) Penalty.--
27 (1) Except as provided under paragraph (1.1), a person
28 convicted of a felony enumerated under subsection (b) or a
29 felony under the act of April 14, 1972 (P.L.233, No.64),
30 known as The Controlled Substance, Drug, Device and Cosmetic
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 1 Act, or any equivalent Federal statute or equivalent statute
2 of any other state, who violates subsection (a) commits a
3 felony of the second degree.
4 (1.1) The following shall apply:
5 (i) A person convicted of a felony enumerated under
6 subsection (b) or a felony under The Controlled
7 Substance, Drug, Device and Cosmetic Act, or any
8 equivalent Federal statute or equivalent statute of any
9 other state, who violates subsection (a) commits a felony
10 of the first degree if:
11 (A) at the time of the commission of a violation
12 of subsection (a), the person has previously been
13 convicted of an offense under subsection (a); or
14 (B) at the time of the commission of a violation
15 of subsection (a), the person was in physical
16 possession or control of a firearm, whether visible,
17 concealed about the person or within the person's
18 reach.
19 (ii) The Pennsylvania Commission on Sentencing,
20 under 42 Pa.C.S. § 2154 (relating to adoption of
21 guidelines for sentencing), shall provide for a
22 sentencing enhancement for a sentence imposed pursuant to
23 this paragraph.
24 (2) A person who is the subject of an active final
25 protection from abuse order issued pursuant to 23 Pa.C.S. §
26 6108, is the subject of any other active protection from
27 abuse order issued pursuant to 23 Pa.C.S. § 6107(b) (relating
28 to hearings), which provided for the relinquishment of
29 firearms or other weapons or ammunition during the period of
30 time the order is in effect, or is otherwise prohibited from
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 1 possessing or acquiring a firearm under 18 U.S.C. § 922(g)(8)
2 (relating to unlawful acts), commits a misdemeanor of the
3 second degree if he intentionally or knowingly fails to
4 relinquish a firearm or other weapon or ammunition to the
5 sheriff or appropriate law enforcement agency as defined in
6 23 Pa.C.S. § 6102 (relating to definitions) as required by
7 the order unless, in lieu of relinquishment, he provides an
8 affidavit which lists the firearms or other weapons or
9 ammunition to the sheriff in accordance with 23 Pa.C.S. §
10 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for
11 consignment sale, lawful transfer or safekeeping) or 6108.3
12 (relating to relinquishment to third party for safekeeping).
13 (2.1) A person who is the subject of an extreme risk
14 protection order issued under 42 Pa.C.S. Ch. 64A (relating to
15 extreme risk protection orders) commits a misdemeanor of the
16 second degree if he intentionally or knowingly fails to
17 relinquish a firearm or firearms license as required by the
18 order.
19 (3) (i) A person commits a misdemeanor of the third
20 degree if he intentionally or knowingly accepts
21 possession of a firearm, other weapon or ammunition from
22 another person he knows is the subject of an active final
23 protection from abuse order issued pursuant to 23 Pa.C.S.
24 § 6108 or an active protection from abuse order issued
25 pursuant to 23 Pa.C.S. § 6107(b), which order provided
26 for the relinquishment of the firearm, other weapon or
27 ammunition during the period of time the order is in
28 effect[.], or intentionally or knowingly accepts
29 possession of a firearm or firearms license from a person
30 he knows is the subject of an extreme risk protection
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 1 order issued under 42 Pa.C.S. Ch. 64A.
2 (ii) This paragraph shall not apply to:
3 (A) a third party who accepts possession of a
4 firearm, other weapon or ammunition relinquished
5 pursuant to 23 Pa.C.S. § 6108.3; or
6 (B) a dealer licensed pursuant to section 6113
7 (relating to licensing of dealers) or subsequent
8 purchaser from a dealer licensed pursuant to section
9 6113, who accepts possession of a firearm, other
10 weapon or ammunition relinquished pursuant to 23
11 Pa.C.S. § 6108.2 or 42 Pa.C.S. Ch. 64A.
12 (4) It shall be an affirmative defense to any
13 prosecution under paragraph (3) that the person accepting
14 possession of a firearm, other weapon or ammunition in
15 violation of paragraph (3):
16 (i) notified the sheriff as soon as practicable that
17 he has taken possession; and
18 (ii) relinquished possession of any firearm, other
19 weapon or ammunition possessed in violation of paragraph
20 (3) as directed by the sheriff.
21 (5) A person who has accepted possession of a firearm,
22 other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 or
23 who possesses a firearm or firearms license under 42 Pa.C.S.
24 Ch. 64A commits a misdemeanor of the [first] second degree if
25 he intentionally or knowingly returns a firearm, other weapon
26 or ammunition to a defendant or respondent or intentionally
27 or knowingly allows a defendant or respondent to have access
28 to the firearm, other weapon or ammunition prior to [either]
29 any of the following:
30 (i) The sheriff accepts return of the safekeeping
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 1 permit issued to the party pursuant to 23 Pa.C.S. §
2 6108.3(d)(1)(i).
3 (ii) The issuance of a court order pursuant to
4 subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
5 return of relinquished firearms, other weapons and
6 ammunition and additional relief) which modifies a valid
7 protection from abuse order issued pursuant to 23 Pa.C.S.
8 § 6108, which order provided for the relinquishment of
9 the firearm, other weapon or ammunition by allowing the
10 defendant to take possession of the firearm, other weapon
11 or ammunition that had previously been ordered
12 relinquished.
13 (iii) The expiration of an extreme risk protection
14 order or the issuance of a court order that terminates an
15 extreme risk protection order under 42 Pa.C.S. Ch. 64A.
16 * * *
17 (c) Other persons.--In addition to any person who has been
18 convicted of any offense listed under subsection (b), the
19 following persons shall be subject to the prohibition of
20 subsection (a):
21 * * *
22 (10) A person who has been convicted of an offense under
23 subsection [(a.1)(2)] (a.1)(2.1) or (5). The prohibition
24 shall terminate five years after the date of conviction,
25 final release from confinement or final release from
26 supervision, whichever is later.
27 (11) A person who is the subject of an active extreme
28 risk protection order issued under 42 Pa.C.S. Ch. 64A.
29 * * *
30 (f) Other exemptions and proceedings.--
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 1 * * *
2 (4) (i) The owner of any seized or confiscated firearms
3 or of any firearms ordered relinquished under 23 Pa.C.S.
4 § 6108 or 42 Pa.C.S. Ch. 64A shall be provided with a
5 signed and dated written receipt by the appropriate law
6 enforcement agency. This receipt shall include, but not
7 limited to, a detailed identifying description indicating
8 the serial number and condition of the firearm. In
9 addition, the appropriate law enforcement agency shall be
10 liable to the lawful owner of said confiscated, seized or
11 relinquished firearm for any loss, damage or substantial
12 decrease in value of said firearm that is a direct result
13 of a lack of reasonable care by the appropriate law
14 enforcement agency.
15 * * *
16 Section 2. Section 6128(a) of Title 18 is amended to read:
17 § 6128. Abandonment of firearms, weapons or ammunition.
18 (a) General rule.--Firearms, weapons or ammunition which are
19 itemized on a list required under 23 Pa.C.S. § 6108(a)(7)(v)
20 (relating to relief) or the possession or acquisition of which
21 is prohibited under 42 Pa.C.S. Ch. 64A (relating to extreme risk
22 protection orders) or 18 U.S.C. § 922(g)(9) (relating to
23 unlawful acts) and relinquished into or otherwise coming into
24 the custody of a police department, Pennsylvania State Police,
25 coroner, medical examiner, district attorney, sheriff or
26 licensed dealer shall be deemed abandoned when:
27 (1) Relinquished by its lawful owner pursuant to court
28 order or executed warrant, and no written request to return
29 or otherwise dispose of the firearms, weapons or ammunition
30 is made by the lawful owner or the lawful owner's attorney or
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 1 duly appointed representative after a period of one year from
2 the date an order of relinquishment or seizure has expired.
3 (2) Found, discovered or otherwise passed into the
4 custody of the police department, Pennsylvania State Police,
5 coroner, medical examiner, district attorney, sheriff or
6 licensed dealer and no owner can be determined after a
7 documented search of the database of firearms sales
8 maintained by the Pennsylvania State Police is made at the
9 time the firearms come into the custody of the police
10 department, coroner, medical examiner, district attorney,
11 sheriff or licensed dealer and is again made one year from
12 the date of the first documented search.
13 * * *
14 Section 3. Section 1126 of Title 42 is amended to read:
15 § 1126. Masters.
16 The President Judge of the Philadelphia Municipal Court may
17 appoint attorneys who are members of the Pennsylvania Bar to
18 serve as masters in proceedings under Chapter 64A (relating to
19 extreme risk protection orders) or 23 Pa.C.S. Ch. 61 (relating
20 to protection from abuse).
21 Section 4. Title 42 is amended by adding a chapter to read:
22 CHAPTER 64A
23 EXTREME RISK PROTECTION ORDERS
24 Sec.
25 64A01. Scope of chapter.
26 64A02. Definitions.
27 64A03. Preliminary matters.
28 64A04. Petition for extreme risk protection order.
29 64A05. Interim extreme risk protection order.
30 64A06. Hearing on petition.
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 1 64A07. Notice to law enforcement.
2 64A08. Service.
3 64A09. Order after hearing.
4 64A10. Termination hearing.
5 64A11. Extension of order.
6 64A12. Relinquishment of firearms.
7 64A13. Return of firearms.
8 64A14. Abuse of process.
9 64A15. Employment protection.
10 64A16. Mental health and chemical dependency services.
11 64A17. Instructional and informational material.
12 § 64A01. Scope of chapter.
13 This chapter relates to extreme risk protection orders.
14 § 64A02. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Court." A court of common pleas in this Commonwealth.
19 "Extreme risk protection order." A court order prohibiting a
20 person from having in the person's possession or control,
21 purchasing or receiving or attempting to purchase or receive a
22 firearm, based upon a finding that the person presents a
23 substantial risk of suicide or of causing the death of, or
24 serious bodily injury to, another person.
25 "Family or household member." Spouses or persons who have
26 been spouses, persons living as spouses or who lived as spouses,
27 parents and children, other persons related by consanguinity or
28 affinity, current or former sexual or intimate partners or
29 persons who share biological parenthood.
30 "Firearm." A weapon designed to or that may readily be
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 1 converted to expel a projectile by the action of an explosive or
2 the frame or receiver of such weapon.
3 "Firearms dealer" or "dealer." A person licensed to sell
4 firearms under 18 Pa.C.S. § 6113 (relating to licensing of
5 dealers).
6 "Firearms license" or "license." A concealed carry license
7 issued under 18 Pa.C.S. § 6109 (relating to licenses),
8 safekeeping license issued under 23 Pa.C.S. § 6108.3 (relating
9 to relinquishment to third party for safekeeping), hunting
10 license required under 34 Pa.C.S. § 2701 (relating to license
11 requirements) or any similar license issued pursuant to the laws
12 of another state.
13 "Hearing officer." A magisterial district judge, judge of
14 the Philadelphia Municipal Court, arraignment court magistrate
15 appointed under section 1123 (relating to jurisdiction and
16 venue), master appointed under section 1126 (relating to
17 masters) and master for emergency relief.
18 "Law enforcement officer." An officer of the United States,
19 of another state or political subdivision thereof or of the
20 Commonwealth or political subdivision thereof who is empowered
21 by law to conduct investigations of or to make an arrest for an
22 offense enumerated in this chapter or an equivalent crime in
23 another jurisdiction and an attorney authorized by law to
24 prosecute or participate in the prosecution of such offense.
25 "Serious bodily injury." Bodily injury that creates a
2