PRINTER'S NO. 807

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

718

Session of

2013

 

 

 

INTRODUCED BY KRIEGER, BROOKS, PICKETT, SNYDER, MAJOR, TALLMAN, SACCONE, GRELL, CUTLER, MOUL, HENNESSEY, REESE, DUNBAR, METCALFE, AUMENT, BENNINGHOFF, MILLARD, LAWRENCE, CAUSER, EVERETT, HESS, EMRICK, LUCAS, KAUFFMAN, D. COSTA, REED, FLECK, ROCK, MARSHALL, KORTZ, M. K. KELLER, GABLER, C. HARRIS, MAHONEY, CLYMER, GROVE, STEVENSON AND MULLERY, FEBRUARY 13, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 13, 2013

 

 

 

AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for firearms not to be carried
4without a license.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6106(b) of Title 18 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 6106. Firearms not to be carried without a license.

10* * *

11(b) Exceptions.--The provisions of subsection (a) shall not
12apply to:

13(1) Constables, sheriffs, prison or jail wardens, or
14their deputies, policemen of this Commonwealth or its
15political subdivisions, or other law-enforcement officers.

16(2) Members of the army, navy, marine corps, air force

1or coast guard of the United States or of the National Guard
2or organized reserves when on duty.

3(3) The regularly enrolled members of any organization
4duly organized to purchase or receive such firearms from the
5United States or from this Commonwealth.

6[(4) Any persons engaged in target shooting with a
7firearm, if such persons are at or are going to or from their
8places of assembly or target practice and if, while going to
9or from their places of assembly or target practice, the
10firearm is not loaded.]

11(5) Officers or employees of the United States duly
12authorized to carry a concealed firearm.

13(6) Agents, messengers and other employees of common
14carriers, banks, or business firms, whose duties require them
15to protect moneys, valuables and other property in the
16discharge of such duties.

17(7) Any person engaged in the business of manufacturing,
18repairing, or dealing in firearms, or the agent or
19representative of any such person, having in his possession,
20using or carrying a firearm in the usual or ordinary course
21of such business.

22(8) Any person while [carrying a firearm] transporting a 
23firearm as provided under 23 Pa.C.S. Ch. 61 (relating to 
24protection from abuse) which is not loaded and is in a secure 
25wrapper. [from the place of purchase to his home or place of 
26business, or to a place of repair, sale or appraisal or back 
27to his home or place of business, or in moving from one place 
28of abode or business to another or from his home to a 
29vacation or recreational home or dwelling or back, or to 
30recover stolen property under section 6111.1(b)(4) (relating 

1to Pennsylvania State Police), or to a place of instruction 
2intended to teach the safe handling, use or maintenance of 
3firearms or back or to a location to which the person has 
4been directed to relinquish firearms under 23 Pa.C.S. § 6108 
5(relating to relief) or back upon return of the relinquished 
6firearm or to a licensed dealer's place of business for 
7relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to 
8relinquishment for consignment sale, lawful transfer or 
9safekeeping) or back upon return of the relinquished firearm 
10or to a location for safekeeping pursuant to 23 Pa.C.S. § 
116108.3 (relating to relinquishment to third party for 
12safekeeping) or back upon return of the relinquished 
13firearm.]

14(9) Persons licensed to hunt, take furbearers or fish in
15this Commonwealth, if such persons are actually hunting,
16taking furbearers or fishing as permitted by such license, or
17are going to the places where they desire to hunt, take
18furbearers or fish or returning from such places.

19(10) Persons training dogs, if such persons are actually
20training dogs during the regular training season.

21(11) Any person while carrying a firearm in any vehicle,
22which person possesses a valid and lawfully issued license
23for that firearm which has been issued under the laws of the
24United States or any other state.

25(12) A person who has a lawfully issued license to carry
26a firearm pursuant to section 6109 (relating to licenses) and
27that said license expired within six months prior to the date
28of arrest and that the individual is otherwise eligible for
29renewal of the license.

30(13) Any person who is otherwise eligible to possess a

1firearm under this chapter and who is operating a motor
2vehicle which is registered in the person's name or the name
3of a spouse or parent and which contains a firearm for which
4a valid license has been issued pursuant to section 6109 to
5the spouse or parent owning the firearm.

6[(14) A person lawfully engaged in the interstate 
7transportation of a firearm as defined under 18 U.S.C. § 
8921(a)(3) (relating to definitions) in compliance with 18 
9U.S.C. § 926A (relating to interstate transportation of 
10firearms).]

11(15) Any person who possesses a valid and lawfully
12issued license or permit to carry a firearm which has been
13issued under the laws of another state, regardless of whether
14a reciprocity agreement exists between the Commonwealth and
15the other state under section 6109(k), provided[:

16(i) The] the other state provides a reciprocal
17privilege for individuals licensed to carry firearms
18under section 6109.

19[(ii) The Attorney General has determined that the
20firearm laws of the state are similar to the firearm laws
21of this Commonwealth.]

22(16) Any person holding a license in accordance with
23section 6109(f)(3).

24(17) Any person who is not otherwise prohibited from
25possessing, using, controlling, selling, transferring or
26manufacturing a firearm shall be entitled to transport a
27firearm if all of the following apply:

28(i) During the transportation, the firearm is not
29loaded.

30(ii) The firearm is not being transported for

1purposes prohibited under the laws of this Commonwealth.

2* * *

3Section 2. This act shall take effect in 60 days.