HB 2126 — An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 34 (Game) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for definitions, for the offense of persons not to possess, use, manufacture, control, sell or transfer firearms, for the offense of firearms not to be carried without a license and for licenses, providing for firearm eligibility license, for application for firearm eligibility license, for fee and qualification, for training course and investigations and for issuance and terms and further providing for sale or transfer of firearms, for Pennsylvania State Police, for proof of license and exception and for administrative regulations; and making editorial changes.

PRINTER'S NO.   2748

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 2126
                                                Session of
                                                  2026

     INTRODUCED BY KINKEAD, HILL-EVANS, MADDEN, HOHENSTEIN, SANCHEZ,
        RABB, KHAN, SCHWEYER, GREEN, FRANKEL, RIVERA, CEPEDA-FREYTIZ,
        WAXMAN AND SHUSTERMAN, JANUARY 9, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 9, 2026


                                     AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 23 (Domestic
 2      Relations) and 34 (Game) of the Pennsylvania Consolidated
 3      Statutes, in firearms and other dangerous articles, further
 4      providing for definitions, for the offense of persons not to
 5      possess, use, manufacture, control, sell or transfer
 6      firearms, for the offense of firearms not to be carried
 7      without a license and for licenses, providing for firearm
 8      eligibility license, for application for firearm eligibility
 9      license, for fee and qualification, for training course and
10      investigations and for issuance and terms and further
11      providing for sale or transfer of firearms, for Pennsylvania
12      State Police, for proof of license and exception and for
13      administrative regulations; and making editorial changes.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.     Section 913(b)(3) of Title 18 of the Pennsylvania
17   Consolidated Statutes is amended to read:
18   § 913.   Possession of firearm or other dangerous weapon in court
19                  facility.
20      * * *
21      (b)   Grading.--
22            * * *
23            (3)   An offense under subsection (a)(1) is a summary
 1      offense if the person was carrying a firearm under section
 2      6106(b) (relating to firearms not to be carried without a
 3      license) or 6109 (relating to [licenses] license to carry)
 4      and failed to check the firearm under subsection (e) prior to
 5      entering the court facility.
 6      * * *
 7      Section 2.     Section 6102 of Title 18 is amended by adding
 8   definitions to read:
 9   § 6102.    Definitions.
10      Subject to additional definitions contained in subsequent
11   provisions of this subchapter which are applicable to specific
12   provisions of this subchapter, the following words and phrases,
13   when used in this subchapter shall have, unless the context
14   clearly indicates otherwise, the meanings given to them in this
15   section:
16      * * *
17      "Firearm eligibility license."        A license issued by the
18   commissioner that authorizes a person to purchase a firearm.
19      * * *
20      "Qualified firearm instructor."        A certified firearms
21   instructor who is recognized by the Pennsylvania State Police
22   and has one of the following:
23             (1)   A valid qualified firearm instructor license issued
24      by the commissioner.
25             (2)   A certificate issued by a nationally recognized
26      firearms organization.
27      * * *
28      Section 3.     Section 6105(h) of Title 18 is amended and
29   subsection (c) is amended by adding a paragraph to read:
30   § 6105.    Persons not to possess, use, manufacture, control, sell

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 1                    or transfer firearms.
 2      * * *
 3      (c)    Other persons.--In addition to any person who has been
 4   convicted of any offense listed under subsection (b), the
 5   following persons shall be subject to the prohibition of
 6   subsection (a):
 7             * * *
 8             (11)    A person who does not possess a valid firearm
 9      eligibility license required under section 6109.1 (relating
10      to firearm eligibility license).
11      * * *
12      (h)    License prohibition.--Any person who is prohibited from
13   possessing, using, controlling, selling, purchasing,
14   transferring or manufacturing any firearm under this section
15   shall not be eligible for or permitted to obtain a license to
16   carry a firearm under section 6109 (relating to [licenses]
17   license to carry).
18      * * *
19      Section 4.       Sections 6106(a) and (b)(12) and 6107(a)(2) of
20   Title 18 are amended to read:
21   § 6106.    Firearms not to be carried without a license.
22      (a)    Offense defined.--
23             (1)    Except as provided in paragraph (2), any person who
24      carries a firearm in any vehicle or any person who carries a
25      firearm concealed on or about his person, except in his place
26      of abode or fixed place of business, without a valid and
27      lawfully issued license [under this chapter] to carry under
28      section 6109 (relating to license to carry) commits a felony
29      of the third degree.
30             (2)    A person who is otherwise eligible to possess a

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 1      valid license [under this chapter] to carry under section
 2      6109 but carries a firearm in any vehicle or any person who
 3      carries a firearm concealed on or about his person, except in
 4      his place of abode or fixed place of business, without a
 5      valid and lawfully issued license to carry and has not
 6      committed any other criminal violation commits a misdemeanor
 7      of the first degree.
 8      (b)    Exceptions.--The provisions of subsection (a) shall not
 9   apply to:
10             * * *
11             (12)    A person who has a lawfully issued license to carry
12      a firearm pursuant to section 6109 [(relating to licenses)]
13      and that said license expired within six months prior to the
14      date of arrest and that the individual is otherwise eligible
15      for renewal of the license.
16             * * *
17   § 6107.    Prohibited conduct during emergency.
18      (a)    General rule.--No person shall carry a firearm upon the
19   public streets or upon any public property during an emergency
20   proclaimed by a State or municipal governmental executive unless
21   that person is:
22             * * *
23             (2)    Licensed to carry firearms under section 6109
24      (relating to [licenses] license to carry) or is exempt from
25      licensing under section 6106(b) (relating to firearms not to
26      be carried without a license).
27      * * *
28      Section 5.      Section 6109 heading, (c), (d)(4) and (5) of
29   Title 18 are amended, subsection (d) is amended by adding a
30   paragraph and subsection (e)(1) and (3) are amended by adding

20260HB2126PN2748                      - 4 -
 1   subparagraphs to read:
 2   § 6109.    [Licenses] License to carry.
 3      * * *
 4      (c)    Form of application and content.--The application for a
 5   license to carry a firearm shall be uniform throughout this
 6   Commonwealth and shall be on a form prescribed by the
 7   Pennsylvania State Police. The form may contain provisions, not
 8   exceeding one page, to assure compliance with this section.
 9   Issuing authorities shall use only the application form
10   prescribed by the Pennsylvania State Police. One of the
11   following reasons for obtaining a firearm license shall be set
12   forth in the application: self-defense, employment, hunting and
13   fishing, target shooting, gun collecting or another proper
14   reason. The application form shall be dated and signed by the
15   applicant and shall contain the following statement:
16             I am the holder of a valid firearm eligibility license. I
17             have never been convicted of a crime that prohibits me
18             from possessing or acquiring a firearm under Federal or
19             State law. I am of sound mind and have never been
20             committed to a mental institution. I hereby certify that
21             the statements contained herein are true and correct to
22             the best of my knowledge and belief. I understand that,
23             if I knowingly make any false statements herein, I am
24             subject to penalties prescribed by law. I authorize the
25             sheriff, or his designee, or, in the case of first class
26             cities, the chief or head of the police department, or
27             his designee, to inspect only those records or documents
28             relevant to information required for this application. If
29             I am issued a license and knowingly become ineligible to
30             legally possess or acquire firearms, I will promptly

20260HB2126PN2748                    - 5 -
 1            notify the sheriff of the county in which I reside or, if
 2            I reside in a city of the first class, the chief of
 3            police of that city.
 4      (d)   Sheriff to conduct investigation.--The sheriff to whom
 5   the application is made shall:
 6            * * *
 7            (4)   investigate whether the applicant would be precluded
 8      from receiving a license under subsection (e)(1) or section
 9      6105(h) (relating to persons not to possess, use,
10      manufacture, control, sell or transfer firearms); [and]
11            (5)   conduct a criminal background, juvenile delinquency
12      and mental health check following the procedures set forth in
13      section 6111 (relating to sale or transfer of firearms),
14      receive a unique approval number for that inquiry and record
15      the date and number on the application[.]; and
16            (6)   confirm with the Pennsylvania State Police that the
17      applicant holds a valid firearm eligibility license under
18      section 6109.1 (relating to firearm eligibility license).
19      (e)   Issuance of license.--
20            (1)   A license to carry a firearm shall be for the
21      purpose of carrying a firearm concealed on or about one's
22      person or in a vehicle and shall be issued if, after an
23      investigation not to exceed 45 days, it appears that the
24      applicant is an individual concerning whom no good cause
25      exists to deny the license. A license shall not be issued to
26      any of the following:
27                  * * *
28                  (xv)    An individual who does not possess a valid
29            firearm eligibility license under section 6109.1.
30            (3)   The license to carry a firearm shall be designed to

20260HB2126PN2748                       - 6 -
 1      be uniform throughout this Commonwealth and shall be in a
 2      form prescribed by the Pennsylvania State Police. The license
 3      shall bear the following:
 4                  * * *
 5                  (vii)   The number of the licensee's firearm
 6            eligibility license.
 7            * * *
 8      Section 6.      Title 18 is amended by adding sections to read:
 9   § 6109.1.      Firearm eligibility license.
10      (a)   Requirement.--Except as provided in subsection (b), an
11   individual shall be required to possess a valid firearm
12   eligibility license in order to purchase a firearm within this
13   Commonwealth.
14      (b)   Exception.--Subsection (a) shall not apply to any of the
15   following:
16            (1)    A licensed firearms manufacturer.
17            (2)    A dealer licensed under section 6113 (relating to
18      licensing of dealers).
19            (3)    A law enforcement officer or person who is retired
20      in good standing from service with a law enforcement agency
21      of the United States, this Commonwealth or a local law
22      enforcement agency of this Commonwealth.
23            (4)    A member or retired member of the armed forces of
24      the United States or the Pennsylvania National Guard.
25            (5)    A person purchasing, owning, possessing or receiving
26      an antique firearm as defined in section 6118 (relating to
27      antique firearms) or reproductions or replicas of firearms if
28      the antique firearm, reproduction or replica is not suitable
29      for use.
30   § 6109.2.      Application for firearm eligibility license.

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 1      (a)   Place of application.--An individual may apply to an
 2   issuing authority, as defined under section 6109.4(f) (relating
 3   to training course and investigations), for a firearm
 4   eligibility license. If the applicant is a resident of this
 5   Commonwealth, the applicant must apply with the sheriff of the
 6   county in which the applicant resides. If the applicant lives in
 7   a city of the first class, the applicant must apply with the
 8   chief of police of the city.
 9      (b)   Form of application and content.--The application for a
10   firearm eligibility license shall be uniform across this
11   Commonwealth and shall be on a form prescribed by the
12   Pennsylvania State Police. Each application shall be signed and
13   dated by the applicant. The form may contain provisions, not
14   exceeding one page, to ensure compliance with this section.
15   Issuing authorities shall use only the application form
16   prescribed by the Pennsylvania State Police. The application
17   shall contain the following statement:
18            I have never been convicted of a crime that prohibits me
19            from possessing or acquiring a firearm under Federal or
20            State law. I am of sound mind and have never been
21            committed to a mental institution. I hereby certify that
22            the statements contained herein are true and correct to
23            the best of my knowledge and belief. I understand that,
24            if I knowingly make any false statement herein, I am
25            subject to penalties prescribed by law. I authorize the
26            sheriff or the sheriff's designee, or the chief of the
27            police department or the chief's designee, to inspect
28            only those records or documents relevant to the
29            information required for this application. If I am issued
30            a license and knowingly become ineligible to legally

20260HB2126PN2748                   - 8 -
 1            possess or acquire firearms, I will promptly notify the
 2            sheriff of the county in which I reside or, if I reside
 3            in a city of the first class, the chief of police of that
 4            city.
 5   § 6109.3.      Fee and qualification.
 6      (a)   Firearm eligibility license fee.--
 7            (1)    The fees for a firearm eligibility license are as
 8      follows:
 9                  (i)    Fifty dollars for the original license.
10                  (ii)    Thirty dollars for a license renewal that
11            includes the following:
12                         (A)   A renewal processing fee of $1.50.
13                         (B)   An administrative fee of $5 under section
14                  14(2) of the act of July 6, 1984 (P.L.614, No.127),
15                  known as the Sheriff Fee Act.
16                         (C)   An administrative fee of $2 for the costs of
17                  completing the background investigation under section
18                  6109.4(c) (relating to training course and
19                  investigations). The fee shall be deposited into the
20                  Firearm Instant Records Check Fund under section
21                  6111.2 (relating to firearm sales surcharge).
22            (2)    All license fees remaining after the fees under
23      paragraph (1) shall be deposited in the General Fund.
24            (3)    No fee other than under this section or the Sheriff
25      Fee Act may be assessed by the issuing authority, as defined
26      under section 6109.4(f), for the cost of a background check
27      performed in the process of issuing a firearm eligibility
28      license.
29      (b)   Qualifications for license.--An issuing authority, as
30   defined under section 6109.4(f), shall issue a firearm

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 1   eligibility license to an applicant who meets the following
 2   criteria:
 3            (1)    Is at least 18 years of age.
 4            (2)    Is a resident of this Commonwealth.
 5            (3)    Within three years prior to the submission of the
 6      application, demonstrates satisfactory completion of a
 7      certified firearms training course approved by the
 8      commissioner that includes all of the following:
 9                  (i)    A minimum of 16 hours of instruction by a
10            qualified firearm instructor.
11                  (ii)    Classroom instruction on all the following:
12                         (A)   Commonwealth firearm law.
13                         (B)   Home firearm safety.
14                         (C)   Firearm mechanisms and operations.
15                  (iii)    A firearms orientation component that
16            demonstrates the person's safe operation, handling and
17            use of a firearm.
18            (4)    Is not prohibited by Federal or State law from
19      purchasing or possessing a firearm. For purposes of
20      determining this, the following shall apply:
21                  (i)    The applicant shall provide a full set of
22            fingerprints to the Pennsylvania State Police.
23                  (ii)    The Pennsylvania State Police shall submit the
24            fingerprints to the Federal Bureau of Investigation to
25            verify the identity of the applicant and obtain a current
26            record of criminal arrests and convictions.
27   § 6109.4.      Training course and investigations.
28      (a)   Firearms training course.--The commissioner shall have
29   the following powers and duties:
30            (1)    To promulgate guidelines setting forth the

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 1      requirements to become a qualified firearm instructor in this
 2      Commonwealth.
 3            (2)   To designate any program as a certified firearm
 4      training course if the program meets the minimum requirements
 5      established by the commissioner.
 6      (b)   Waiver of training course.--An applicant for a firearm
 7   eligibility license shall not be required to complete a firearm
 8   safety training course under subsection (a) if the applicant is
 9   any of the following:
10            (1)   A qualified firearm instructor.
11            (2)   A member or honorably discharged member of the armed
12      forces of the United States or the National Guard.
13            (3)   A police officer, as defined in 53 Pa.C.S. § 2162
14      (relating to definitions) who is certified under 53 Pa.C.S.
15      Ch. 21 Subch. D (relating to municipal police education and
16      training). The term includes a school police officer
17      appointed under section 1302-C of the act of March 10, 1949
18      (P.L.30, No.14), known as the Public School Code of 1949.
19            (4)   An active or retired Federal or State law
20      enforcement officer.
21            (5)   Certified under 61 Pa.C.S. Ch. 63 (relating to
22      county probation officers' firearm education and training).
23            (6)   A Commonwealth or county corrections officer or
24      probation or parole agent.
25            (7)   A county sheriff, deputy sheriff or constable.
26            (8)   The lawful owner of a firearm prior to the effective
27      date of this paragraph.
28      (c)   Conduct of investigation.--The issuing authority to whom
29   the application is made shall:
30            (1)   Investigate the applicant's record of criminal

20260HB2126PN2748                    - 11 -
 1      conviction.
 2            (2)   Review the applicant's completed Federal criminal
 3      history check.
 4            (3)   Investigate whether the applicant would be precluded
 5      or is prohibited from possessing, using, controlling,
 6      selling, purchasing, transferring or manufacturing a firearm
 7      under section 6105 (relating to persons not to possess, use,
 8      manufacture, control, sell or transfer firearms).
 9            (4)   Conduct a criminal background, juvenile delinquency
10      and mental health check following the procedures set forth in
11      section 6111 (relating to sale or transfer of firearms),
12      receive a unique approval number for that inquiry and record
13      the date and number on the application.
14      (d)   Notice to issuing authority.--A court, mental health
15   review officer or county administrator for mental health and
16   intellectual disability services shall notify the issuing
17   authority of the county or city in which an individual holds a
18   firearm eligibility license on a form prescribed by the
19   Pennsylvania State Police within seven days of the individual's
20   conviction or adjudication or upon determination of any of the
21   following:
22            (1)   A crime specified in section 6105(a) or (b).
23            (2)   A crime punishable by imprisonment exceeding one
24      year.
25            (3)   Conduct that meets the criteria of section 6105(c)
26      (1), (2), (3), (5), (6) or (9).
27            (4)   Incompetency.
28            (5)   Involuntary commitment to a mental institution for
29      inpatient care and treatment under the act of July 9, 1976
30      (P.L.817, No.143), known as the Mental Health Procedures Act.

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 1            (6)    Involuntary treatment for an individual meeting the
 2      criteria of section 6105(c)(4).
 3      (e)     Immunity.--An issuing authority that complies in good
 4   faith with this section shall be immune from liability resulting
 5   or arising from the action of misconduct with a firearm
 6   committed by an individual who was issued a firearm eligibility
 7   license.
 8      (f)     Definition.--As used in this section, the term "issuing
 9   authority" shall mean a county sheriff or chief of police of a
10   city of the first class.
11   § 6109.5.      Issuance and terms.
12      (a)     Issuance of license.--
13            (1)    An applicant that meets the requirements of this
14      section shall be issued a firearm eligibility license. A
15      license may not be issued to an individual who is prohibited
16      from possessing, using, controlling, selling, purchasing,
17      transferring or manufacturing a firearm under section 6105
18      (relating to persons not to possess, use, manufacture,
19      control, sell or transfer firearms) or under any other
20      Federal or State law.
21            (2)    The firearm eligibility license shall be uniform
22      throughout this Commonwealth and shall be in a form
23      prescribed by the Pennsylvania State Police. The license
24      shall bear the following:
25                  (i)    The name, address, date of birth, race, sex,
26            citizenship, height, weight, color of hair, color of eyes
27            and signature of the licensee.
28                  (ii)    The signature of the issuing authority.
29                  (iii)    A license number of which the first two
30            numbers shall be a county location code. The remaining

20260HB2126PN2748                       - 13 -
 1            numbers shall be issued in numerical sequence.
 2                  (iv)   The period of validation.
 3            (3)   The firearm eligibility license shall include a
 4      photograph of the licensee. The photograph shall be in a form
 5      compatible with the Commonwealth Photo Imaging Network.
 6            (4)   The original firearm eligibility license shall be
 7      issued to the applicant. The first copy of the license shall
 8      be forwarded to the Pennsylvania State Police within seven
 9      days of the date of issuance. The second copy shall be
10      retained by the issuing authority for a period of seven
11      years. Except under a court order, both copies and the
12      application shall, at the end of the seven-year period, be
13      destroyed unless the license has been renewed.
14      (b)   Grant or denial of license.--Upon receipt of an
15   application for a firearm eligibility license, the issuing
16   authority shall issue or refuse to issue within 30 days a
17   license on the basis of the investigation under section
18   6109.4(c) (relating to training course and investigations) and
19   the accuracy of the information contained in the application. If
20   the issuing authority refuses to issue a license, the issuing
21   authority shall notify the applicant in writing of the refusal
22   and the specific reason. The notice shall be sent by certified
23   mail to the applicant at the address included in the
24   application.
25      (c)   Term of license.--
26            (1)   A firearm eligibility license issued under
27      subsection (a) shall be valid throughout this Commonwealth
28      for a period of five years unless extended under paragraph
29      (3) or revoked.
30            (2)   At least 60 days prior to the expiration of each

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 1    license, the issuing authority shall send to the licensee an
 2    application for renewal of the license. Failure to receive a
 3    renewal application shall not relieve a licensee from the
 4    responsibility to renew the license.
 5          (3)   Notwithstanding paragraph (1) or any other
 6    provisions of law to the contrary, a firearm eligibility
 7    license that is held by a member of the United States Armed
 8    Forces or the Pennsylvania National Guard on Federal active
 9    duty and deployed overseas that is scheduled to expire during
10    the period of deployment shall be extended until 90 days
11    after the end of the deployment.
12          (4)   Possession of a firearm eligibility license,
13    together with a copy of the person's military orders showing
14    the dates of the overseas deployment, including the date that
15    the overseas deployment ends, shall constitute a defense to
16    any charge filed under this section during the extension
17    period.
18    (d)   Revocation.--
19          (1)   A firearm eligibility license may be revoked by the
20    issuing authority for any reason under section 6105(b) or (c)
21    if the violation occurs during the term of the license. The
22    revocation shall be in accordance with the following:
23                (i)    Notice of revocation shall:
24                       (A)   Be in writing and shall state the specific
25                reason for revocation.
26                       (B)   Be sent by certified mail to the individual.
27                       (C)   Be provided to the Pennsylvania State Police
28                by electronic means, including email or facsimile
29                transmission.
30                (ii)    An individual who has had a license revoked may

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 1             appeal to the court of common pleas for the judicial
 2             district in which the individual resides.
 3             (2)   An individual who violates this subsection commits a
 4      summary offense.
 5      (e)     Immunity.--An issuing authority that complies in good
 6   faith with this section shall be immune from liability resulting
 7   or arising from the action of misconduct with a firearm
 8   committed by an individual who was issued a firearm eligibility
 9   license.
10      (f)     Reciprocity.--The Attorney General shall:
11             (1)   Have the power and duty to enter into reciprocity
12      agreements with other states providing for the mutual
13      recognition of a firearm eligibility license issued by the
14      Commonwealth and a firearm eligibility license or permit
15      issued by another state.
16             (2)   Have the power to negotiate reciprocity agreements
17      and grant recognition to a firearm eligibility license or
18      permit issued by another state.
19             (3)   Report to the General Assembly within 180 days of
20      the effective date of this paragraph and annually thereafter
21      on the agreements that have been made under this section.
22      (g)     Definition.--As used in this section, the term "issuing
23   authority" means a county sheriff or chief of police of a city
24   of the first class.
25      Section 7.     Section 6111(b)(1.1)(iii), (f)(3) and (g)(4)(iii)
26   of Title 18 are amended and subsection (b) is amended by adding
27   a paragraph to read:
28   § 6111.    Sale or transfer of firearms.
29      * * *
30      (b)     Duty of seller.--No licensed importer, licensed

20260HB2126PN2748                     - 16 -
 1   manufacturer or licensed dealer shall sell or deliver any
 2   firearm to another person, other than a licensed importer,
 3   licensed manufacturer, licensed dealer or licensed collector,
 4   until the conditions of subsection (a) have been satisfied and
 5   until he has:
 6            * * *
 7            (1.1)   On the date of publication in the Pennsylvania
 8      Bulletin of a notice by the Pennsylvania State Police that
 9      the instantaneous records check has been implemented, all of
10      the following shall apply:
11                  * * *
12                  (iii)   For purposes of conducting the criminal
13            history, juvenile delinquency and mental health records
14            background check which shall be completed within ten days
15            of receipt of the information from the dealer, the
16            application/record of sale shall include the name,
17            address, birthdate, gender, race, physical description
18            [and], Social Security number of the purchaser or
19            transferee, the purchaser or transferee's firearm
20            eligibility license number and the date of application.
21                  * * *
22            (2.1)   Inspected the firearm eligibility license of the
23      potential purchaser or transferee.
24            * * *
25      (f)   Application of section.--
26            * * *
27            (3)   The provisions contained in subsection (a) shall not
28      apply to any law enforcement officer whose current
29      identification as a law enforcement officer shall be
30      construed as a valid license to carry a firearm or any person

20260HB2126PN2748                      - 17 -
 1      who possesses a valid license to carry a firearm under
 2      section 6109 (relating to [licenses] license to carry).
 3            * * *
 4      (g)   Penalties.--
 5            * * *
 6            (4)    Any person, purchaser or transferee commits a felony
 7      of the third degree if, in connection with the purchase,
 8      delivery or transfer of a firearm under this chapter, he
 9      knowingly and intentionally:
10                  * * *
11                  (iii)    willfully furnishes or exhibits any false
12            identification, including a false firearm eligibility
13            license, intended or likely to deceive the seller,
14            licensed dealer or licensed manufacturer.
15            * * *
16      Section 8.        Section 6111.1(b)(2) and (3) and (e)(1) of Title
17   18 are amended and subsections (b) and (i) are amended by adding
18   paragraphs to read:
19   § 6111.1.      Pennsylvania State Police.
20      * * *
21      (b)   Duty of Pennsylvania State Police.--
22            * * *
23            (1.1)    Upon receipt of an application for a firearm
24      eligibility license under section 6109.1 (relating to firearm
25      eligibility license), the Pennsylvania State Police shall
26      immediately:
27                  (i)    Review the Pennsylvania State Police criminal
28            history and fingerprint records to determine whether the
29            applicant is prohibited from receipt or possession of a
30            firearm under Federal or State law.

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 1               (ii)    Review the juvenile delinquency and mental
 2        health records of the Pennsylvania State Police to
 3        determine whether the applicant is prohibited from
 4        receipt or possession of a firearm under Federal or State
 5        law.
 6               (iii)    Inform the issuing authority of whether:
 7                      (A)   The issuance of a firearm eligibility
 8               license is prohibited.
 9                      (B)   The individual is cleared for a firearm
10               eligibility license. If the Pennsylvania State Police
11               determines that the individual is eligible, the
12               Pennsylvania State Police shall provide the issuing
13               authority with the individual's firearm eligibility
14               license.
15        (2)    In the event of electronic failure, scheduled
16    computer downtime or similar event beyond the control of the
17    Pennsylvania State Police, the Pennsylvania State Police
18    shall immediately notify the requesting licensee under
19    paragraph (1) or the applicant under paragraph (1.1) of the
20    reason for and estimated length of the delay. If the failure
21    or event lasts for a period exceeding 48 hours, the dealer
22    shall not be subject to any penalty for completing a
23    transaction absent the completion of an instantaneous records
24    check for the remainder of the failure or similar event, but
25    the dealer shall obtain a completed application/record of
26    sale following the provisions of section 6111(b)(1) and (1.1)
27    (relating to sale or transfer of firearms) as if an
28    instantaneous records check has not been established for any
29    sale or transfer of a firearm for the purpose of a subsequent
30    background check.

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 1            (3)   The Pennsylvania State Police shall fully comply,
 2      execute and enforce the directives of this section as
 3      follows:
 4                  (i)    The instantaneous background check for firearms
 5            as defined in section 6102 (relating to definitions)
 6            shall begin on July 1, 1998.
 7                  (ii)    The instantaneous background check for firearms
 8            that exceed the barrel lengths set forth in section 6102
 9            shall begin on the later of:
10                         (A)   the date of publication of the notice under
11                  section 6111(a)(2); or
12                         (B)   December 31, 1998.
13                  (iii)    The instantaneous background check for a
14            firearm eligibility license shall take effect on the
15            effective date of this subparagraph.
16            * * *
17      (e)   Challenge to records.--
18            (1)   Any person who is denied a firearm eligibility
19      license or is denied the right to receive, sell, transfer,
20      possess, carry, manufacture or purchase a firearm as a result
21      of the procedures established by this section may challenge
22      the accuracy of that person's criminal history, juvenile
23      delinquency history or mental health record pursuant to a
24      denial by the instantaneous records check by submitting a
25      challenge to the Pennsylvania State Police within 30 days
26      from the date of the denial.
27            * * *
28      (i)   Reports.--The Pennsylvania State Police shall annually
29   compile and report to the General Assembly, on or before
30   December 31, the following information for the previous year:

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 1             * * *
 2             (1.1)   number of firearm eligibility license applications
 3      submitted, number of applications denied, number of
 4      challenges of the denials and number of reversals of initial
 5      denials;
 6             * * *
 7      Section 9.         Sections 6115(b)(1)(i), 6122(a) and 6124 of Title
 8   18 are amended to read:
 9   § 6115.    Loans on, or lending or giving firearms prohibited.
10      * * *
11      (b)    Exception.--
12             (1)   Subsection (a) shall not apply if any of the
13      following apply:
14                   (i)    The person who receives the firearm is licensed
15             to carry a firearm under section 6109 (relating to
16             [licenses] license to carry).
17                   * * *
18   § 6122.    Proof of license and exception.
19      (a)    General rule.--When carrying a firearm concealed on or
20   about one's person or in a vehicle, an individual licensed to
21   carry a firearm shall, upon lawful demand of a law enforcement
22   officer, produce the [license] individual's firearm eligibility
23   license and license to carry for inspection. Failure to produce
24   [such license] the licenses either at the time of arrest or at
25   the preliminary hearing shall create a rebuttable presumption of
26   nonlicensure.
27      * * *
28   § 6124.    Administrative regulations.
29      The commissioner may establish form specifications and
30   regulations, consistent with [section] sections 6109(c)

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 1   (relating to [licenses)] license to carry) and 6109.1 (relating
 2   to firearm eligibility license), with respect to uniform forms
 3   control, including the following:
 4             (1)   License to carry firearms.
 5             (2)   Firearm registration.
 6             (3)   Dealer's license.
 7             (4)   Application for purchase of a firearm.
 8             (5)   Record of sale of firearms.
 9             (6)   Firearm eligibility license.
10      Section 10.       Section 6108(a)(7) introductory paragraph of
11   Title 23 is amended to read:
12   § 6108.    Relief.
13      (a)    General rule.--Subject to subsection (a.1), the court
14   may grant any protection order or approve any consent agreement
15   to bring about a cessation of abuse of the plaintiff or minor
16   children. The order or agreement may include:
17             * * *
18             (7)     Prohibiting the defendant from acquiring or
19      possessing any firearm for the duration of the order,
20      ordering the defendant to temporarily relinquish to the
21      sheriff or the appropriate law enforcement agency any
22      firearms under the defendant's possession or control, and
23      requiring the defendant to relinquish to the sheriff or the
24      appropriate law enforcement agency any firearm license issued
25      under section 6108.3 (relating to relinquishment to third
26      party for safekeeping) or 18 Pa.C.S. § 6106 (relating to
27      firearms not to be carried without a license) or 6109
28      (relating to [licenses] license to carry) the defendant may
29      possess. The court may also order the defendant to relinquish
30      the defendant's other weapons or ammunition that have been

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 1      used or been threatened to be used in an incident of abuse
 2      against the plaintiff or the minor children. A copy of the
 3      court's order shall be transmitted to the chief or head of
 4      the appropriate law enforcement agency and to the sheriff of
 5      the county of which the defendant is a resident. When
 6      relinquishment is ordered, the following shall apply:
 7                * * *
 8      Section 11.     Sections 2325(a.1) and 2525(a) of Title 34 are
 9   amended to read:
10   § 2325.    Cooperation after lawfully killing big game.
11      * * *
12      (a.1)    Exception.--Nothing in this section shall prohibit any
13   person from carrying a loaded handgun in the field provided that
14   person is in compliance with 18 Pa.C.S. § 6109 (relating to
15   [licenses] license to carry).
16      * * *
17   § 2525.    Possession of firearm for protection of self or others.
18      (a) General rule.--It is lawful for a law enforcement officer
19   or any person who possesses a valid license to carry a firearm
20   issued under 18 Pa.C.S. § 6109 (relating to [licenses] license
21   to carry) to be in possession of a loaded or unloaded firearm
22   while engaged in any activity regulated by this title.
23      * * *
24      Section 12.     This act shall take effect in 60 days.




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