HB 454 — An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, repealing provisions relating to firearms not to be carried without a license, providing for license not required, repealing provisions relating to carrying firearms on public streets or public property in Philadelphia, further providing for prohibited conduct during emergency, providing for sportsman's firearm permit, further providing for licenses and for antique firearms and repealing provisions relating to proof of license and exception; and making editorial changes.

PRINTER'S NO.   436

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 454
                                                Session of
                                                  2025

     INTRODUCED BY BERNSTINE, D'ORSIE, GREINER, HAMM, DIAMOND,
        STAMBAUGH, HEFFLEY, REICHARD, KAUFFMAN, CUTLER, SMITH,
        RYNCAVAGE, ROWE, KOZAK, GROVE, GLEIM, M. JONES, FINK, BONNER,
        ZIMMERMAN, FLOOD, BASHLINE, WARNER, MAJOR, BOROWICZ,
        LEADBETER AND ANDERSON, FEBRUARY 3, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2025


                                     AN ACT
 1   Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
 2      Relations) of the Pennsylvania Consolidated Statutes, in
 3      firearms and other dangerous articles, repealing provisions
 4      relating to firearms not to be carried without a license,
 5      providing for license not required, repealing provisions
 6      relating to carrying firearms on public streets or public
 7      property in Philadelphia, further providing for prohibited
 8      conduct during emergency, providing for sportsman's firearm
 9      permit, further providing for licenses and for antique
10      firearms and repealing provisions relating to proof of
11      license and exception; and making editorial changes.
12      The General Assembly finds that:
13          (1)     The laws in existence regulating firearms ownership,
14      possession and use are ineffectual in preventing crime and
15      only interfere with the natural rights of law-abiding
16      citizens.
17          (2)     It is necessary to codify the inherent right to the
18      carrying of firearms, whether openly or concealed, and that
19      the right to self-defense is an inherent natural right that
20      shall not be questioned as stated in section 21 of Article I
21      of the Constitution of Pennsylvania.
 1      The General Assembly of the Commonwealth of Pennsylvania
 2   hereby enacts as follows:
 3      Section 1.      Sections 913(b)(3) and 6105.2(g)(1) of Title 18
 4   of the Pennsylvania Consolidated Statutes are amended to read:
 5   § 913.   Possession of firearm or other dangerous weapon in court
 6                  facility.
 7      * * *
 8      (b)     Grading.--
 9            * * *
10            (3)    An offense under subsection (a)(1) is a summary
11      offense if the person was carrying a firearm under section
12      [6106(b) (relating to firearms not to be carried without a
13      license) or] 6109 (relating to licenses) and failed to check
14      the firearm under subsection (e) prior to entering the court
15      facility.
16      * * *
17   § 6105.2.      Relinquishment of firearms and firearm licenses by
18                  convicted persons.
19      * * *
20      (g)     Relinquishment of licenses.--
21            (1)    A person convicted of a crime resulting in a firearm
22      disability pursuant to section 6105(c)(9) shall also
23      relinquish to the sheriff any firearm license issued under
24      section [6106 (relating to firearms not to be carried without
25      a license) or] 6109 (relating to licenses) or 23 Pa.C.S. §
26      6108.3 (relating to relinquishment to third party for
27      safekeeping).
28            * * *
29      Section 2.      Section 6106 of Title 18 is repealed:
30   [§ 6106.    Firearms not to be carried without a license.

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 1      (a)   Offense defined.--
 2            (1)   Except as provided in paragraph (2), any person who
 3      carries a firearm in any vehicle or any person who carries a
 4      firearm concealed on or about his person, except in his place
 5      of abode or fixed place of business, without a valid and
 6      lawfully issued license under this chapter commits a felony
 7      of the third degree.
 8            (2)   A person who is otherwise eligible to possess a
 9      valid license under this chapter but carries a firearm in any
10      vehicle or any person who carries a firearm concealed on or
11      about his person, except in his place of abode or fixed place
12      of business, without a valid and lawfully issued license and
13      has not committed any other criminal violation commits a
14      misdemeanor of the first degree.
15      (b)   Exceptions.--The provisions of subsection (a) shall not
16   apply to:
17            (1)   Constables, sheriffs, prison or jail wardens, or
18      their deputies, policemen of this Commonwealth or its
19      political subdivisions, or other law-enforcement officers.
20            (2)   Members of the army, navy, marine corps, air force
21      or coast guard of the United States or of the National Guard
22      or organized reserves when on duty.
23            (3)   The regularly enrolled members of any organization
24      duly organized to purchase or receive such firearms from the
25      United States or from this Commonwealth.
26            (4)   Any persons engaged in target shooting with a
27      firearm, if such persons are at or are going to or from their
28      places of assembly or target practice and if, while going to
29      or from their places of assembly or target practice, the
30      firearm is not loaded.

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 1        (5)   Officers or employees of the United States duly
 2    authorized to carry a concealed firearm.
 3        (6)   Agents, messengers and other employees of common
 4    carriers, banks, or business firms, whose duties require them
 5    to protect moneys, valuables and other property in the
 6    discharge of such duties.
 7        (7)   Any person engaged in the business of manufacturing,
 8    repairing, or dealing in firearms, or the agent or
 9    representative of any such person, having in his possession,
10    using or carrying a firearm in the usual or ordinary course
11    of such business.
12        (8)   Any person while carrying a firearm which is not
13    loaded and is in a secure wrapper from the place of purchase
14    to his home or place of business, or to a place of repair,
15    sale or appraisal or back to his home or place of business,
16    or in moving from one place of abode or business to another
17    or from his home to a vacation or recreational home or
18    dwelling or back, or to recover stolen property under section
19    6111.1(b)(4) (relating to Pennsylvania State Police), or to a
20    place of instruction intended to teach the safe handling, use
21    or maintenance of firearms or back or to a location to which
22    the person has been directed to relinquish firearms under 23
23    Pa.C.S. § 6108 (relating to relief) or back upon return of
24    the relinquished firearm or to a licensed dealer's place of
25    business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
26    (relating to relinquishment for consignment sale, lawful
27    transfer or safekeeping) or back upon return of the
28    relinquished firearm or to a location for safekeeping
29    pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
30    to third party for safekeeping) or back upon return of the

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 1    relinquished firearm.
 2        (9)    Persons licensed to hunt, take furbearers or fish in
 3    this Commonwealth, if such persons are actually hunting,
 4    taking furbearers or fishing as permitted by such license, or
 5    are going to the places where they desire to hunt, take
 6    furbearers or fish or returning from such places.
 7        (10)     Persons training dogs, if such persons are actually
 8    training dogs during the regular training season.
 9        (11)     Any person while carrying a firearm in any vehicle,
10    which person possesses a valid and lawfully issued license
11    for that firearm which has been issued under the laws of the
12    United States or any other state.
13        (12)     A person who has a lawfully issued license to carry
14    a firearm pursuant to section 6109 (relating to licenses) and
15    that said license expired within six months prior to the date
16    of arrest and that the individual is otherwise eligible for
17    renewal of the license.
18        (13)     Any person who is otherwise eligible to possess a
19    firearm under this chapter and who is operating a motor
20    vehicle which is registered in the person's name or the name
21    of a spouse or parent and which contains a firearm for which
22    a valid license has been issued pursuant to section 6109 to
23    the spouse or parent owning the firearm.
24        (14)     A person lawfully engaged in the interstate
25    transportation of a firearm as defined under 18 U.S.C. §
26    921(a)(3) (relating to definitions) in compliance with 18
27    U.S.C. § 926A (relating to interstate transportation of
28    firearms).
29        (15)     Any person who possesses a valid and lawfully
30    issued license or permit to carry a firearm which has been

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 1    issued under the laws of another state, regardless of whether
 2    a reciprocity agreement exists between the Commonwealth and
 3    the state under section 6109(k), provided:
 4                 (i)    The state provides a reciprocal privilege for
 5          individuals licensed to carry firearms under section
 6          6109.
 7                 (ii)    The Attorney General has determined that the
 8          firearm laws of the state are similar to the firearm laws
 9          of this Commonwealth.
10          (16)    Any person holding a license in accordance with
11    section 6109(f)(3).
12    (c)   Sportsman's firearm permit.--
13          (1)    Before any exception shall be granted under
14    paragraph (b)(9) or (10) of this section to any person 18
15    years of age or older licensed to hunt, trap or fish or who
16    has been issued a permit relating to hunting dogs, such
17    person shall, at the time of securing his hunting, furtaking
18    or fishing license or any time after such license has been
19    issued, secure a sportsman's firearm permit from the county
20    treasurer. The sportsman's firearm permit shall be issued
21    immediately and be valid throughout this Commonwealth for a
22    period of five years from the date of issue for any legal
23    firearm, when carried in conjunction with a valid hunting,
24    furtaking or fishing license or permit relating to hunting
25    dogs. The sportsman's firearm permit shall be in triplicate
26    on a form to be furnished by the Pennsylvania State Police.
27    The original permit shall be delivered to the person, and the
28    first copy thereof, within seven days, shall be forwarded to
29    the Commissioner of the Pennsylvania State Police by the
30    county treasurer. The second copy shall be retained by the

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 1      county treasurer for a period of two years from the date of
 2      expiration. The county treasurer shall be entitled to collect
 3      a fee of not more than $6 for each such permit issued, which
 4      shall include the cost of any official form. The Pennsylvania
 5      State Police may recover from the county treasurer the cost
 6      of any such form, but may not charge more than $1 for each
 7      official permit form furnished to the county treasurer.
 8            (2)    Any person who sells or attempts to sell a
 9      sportsman's firearm permit for a fee in excess of that amount
10      fixed under this subsection commits a summary offense.
11      (d)   Revocation of registration.--Any registration of a
12   firearm under subsection (c) of this section may be revoked by
13   the county treasurer who issued it, upon written notice to the
14   holder thereof.
15      (e)   Definitions.--
16            (1)    For purposes of subsection (b)(3), (4), (5), (7) and
17      (8), the term "firearm" shall include any weapon which is
18      designed to or may readily be converted to expel any
19      projectile by the action of an explosive or the frame or
20      receiver of the weapon.
21            (2)    As used in this section, the phrase "place of
22      instruction" shall include any hunting club, rifle club,
23      rifle range, pistol range, shooting range, the premises of a
24      licensed firearms dealer or a lawful gun show or meet.]
25      Section 3.      Section 6106.1(a) of Title 18 is amended to read:
26   § 6106.1.      Carrying loaded weapons other than firearms.
27      (a)   General rule.--Except as provided in Title 34 (relating
28   to game), no person shall carry a loaded pistol, revolver,
29   shotgun or rifle, other than a firearm as defined in section
30   6102 (relating to definitions), in any vehicle. [The provisions

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 1   of this section shall not apply to persons excepted from the
 2   requirement of a license to carry firearms under section 6106(b)
 3   (1), (2), (5) or (6) (relating to firearms not to be carried
 4   without a license) nor shall the provisions of this section be
 5   construed to permit persons to carry firearms in a vehicle where
 6   such conduct is prohibited by section 6106.]
 7      * * *
 8      Section 4.      Title 18 is amended by adding a section to read:
 9   § 6106.2.      License not required.
10      (a)     Declaration.--Every person present in this Commonwealth
11   shall have an affirmative, fundamental and constitutional right
12   to keep and bear firearms, including the right to carry openly
13   or concealed, carry loaded or unloaded, train with, transport,
14   possess, use, acquire, purchase, transfer, inherit, buy, sell,
15   give or otherwise dispose of or receive any firearm or self-
16   defense device without a license, permission or restriction of
17   any kind from or by this Commonwealth or any of its political
18   subdivisions.
19      (b)     Optional license.--Obtaining a license to carry a
20   firearm under this chapter shall be optional. The voluntary
21   nature of the license may not be construed to require that any
22   person obtain a license to carry a firearm under this chapter.
23      Section 5.      Section 6108 of Title 18 is repealed:
24   [§ 6108.    Carrying firearms on public streets or public property
25                  in Philadelphia.
26      No person shall carry a firearm, rifle or shotgun at any time
27   upon the public streets or upon any public property in a city of
28   the first class unless:
29            (1)    such person is licensed to carry a firearm; or
30            (2)    such person is exempt from licensing under section

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 1      6106(b) of this title (relating to firearms not to be carried
 2      without a license).]
 3      Section 6.       Section 6107(a)(2) of Title 18 is amended to
 4   read:
 5   § 6107.    Prohibited conduct during emergency.
 6      (a)    General rule.--No person shall carry a firearm upon the
 7   public streets or upon any public property during an emergency
 8   proclaimed by a State or municipal governmental executive unless
 9   that person is:
10             * * *
11             (2)    Licensed to carry firearms under section 6109
12      (relating to licenses) [or is exempt from licensing under
13      section 6106(b) (relating to firearms not to be carried
14      without a license)].
15      * * *
16      Section 7.       Title 18 is amended by adding a section to read:
17   § 6108.1.       Sportsman's firearm permit.
18      (a)    Permit allowed.--Any person 18 years of age or older who
19   has been issued a hunting license, trapping license or fishing
20   license or who has been issued a permit relating to hunting dogs
21   may, at the time of obtaining the hunting, trapping or fishing
22   license or any time after the license has been issued, obtain a
23   sportsman's firearm permit from the county treasurer.
24      (b)    Issuance.--The sportsman's firearm permit shall be
25   issued immediately and shall be valid throughout this
26   Commonwealth for a period of five years from the date of issue
27   for any legal firearm when carried in conjunction with a valid
28   hunting, furtaking or fishing license or permit relating to
29   hunting dogs.
30      (c)    Form.--The sportsman's firearm permit shall be in

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 1   triplicate on a form to be furnished by the Pennsylvania State
 2   Police. The original permit shall be delivered to the person and
 3   a copy of the permit shall be forwarded to the Commissioner of
 4   Pennsylvania State Police by the county treasurer within seven
 5   days of the date of delivery. A copy of the permit shall be
 6   retained by the county treasurer for a period of two years from
 7   the date of expiration.
 8      (d)    Fee.--The county treasurer may collect a fee of not more
 9   than $6 for each permit issued, which shall include the cost of
10   any official form. The Pennsylvania State Police may recover
11   from the county treasurer the cost of the form but may not
12   charge more than $1 for each official permit form furnished to
13   the county treasurer.
14      (e)    Offense.--A person who sells or attempts to sell a
15   sportsman's firearm permit for a fee in excess of the amount
16   determined under this section commits a summary offense.
17      Section 8.     Sections 6109(a), (b), (c), (d) heading,
18   introductory paragraph, (3), (4) and (5), (e)(1) introductory
19   paragraph, (i), (v) and (vii), (3)(ii) and (4), (f)(2) and (4),
20   (g), (h)(3) and (4), (i.1) heading and (1), (j) and (m.1)(1)
21   introductory paragraph, (ii), (2), (3), (4), (7) and (9) and
22   6118(b) of Title 18 are amended to read:
23   § 6109.    Licenses.
24      (a)    Purpose of license.--[A license to carry a firearm shall
25   be for the purpose of carrying a firearm concealed on or about
26   one's person or in a vehicle throughout this Commonwealth.]
27             (1)   Due to every Commonwealth resident having a
28      fundamental constitutional right to keep and bear arms,
29      obtaining a license under this section shall be optional.
30      Nothing in this section shall be construed to require that a

20250HB0454PN0436                     - 10 -
 1      person must obtain a license under this section in order to
 2      carry a concealed firearm.
 3            (2)   The voluntary nature of a license to carry a firearm
 4      may not be construed to relieve the issuing authority of the
 5      burden of proof for denying an application for a license.
 6      Issuance of a license to carry a firearm under this section
 7      by the proper authority shall be prima facie evidence that
 8      law enforcement authorities have verified that the individual
 9      is qualified under the law and is not prohibited from
10      possessing firearms under section 6105 (relating to persons
11      not to possess, use, manufacture, control, sell or transfer
12      firearms) or under any other provision of the laws of this
13      Commonwealth.
14            (3)   A license to carry a firearm shall be available to
15      those who wish to carry a firearm openly or concealed on or
16      about one's person or in a vehicle and shall be valid
17      throughout this Commonwealth.
18            (4)   A license to carry a firearm shall provide residents
19      of this Commonwealth with the ability to carry a firearm in
20      any state with which the Commonwealth maintains a reciprocal
21      agreement for the mutual recognition of licenses to carry
22      firearms.
23      (b)   Place of application.--An individual [who is 21 years of
24   age or older] may apply to [a sheriff] the proper issuing
25   authority for a license to carry a firearm [concealed on or
26   about his person or in a vehicle] within this Commonwealth. If
27   the applicant is a resident of this Commonwealth, he shall make
28   application with the sheriff of the county in which he resides
29   or, if a resident of a city of the first class, with the chief
30   of police of that city. If the applicant is not a resident of

20250HB0454PN0436                    - 11 -
 1   this Commonwealth, the applicant shall make application with the
 2   sheriff of any county.
 3      (c)   Form of application and content.--The application and
 4   process for a license to carry a firearm shall be uniform
 5   throughout this Commonwealth and shall be on a form prescribed
 6   by the Pennsylvania State Police. The form may contain
 7   provisions, not exceeding one page, to assure compliance with
 8   this section. Issuing authorities shall use only the application
 9   form prescribed by the Pennsylvania State Police. One of the
10   following reasons for obtaining a firearm license shall be set
11   forth in the application: self-defense, employment, hunting and
12   fishing, target shooting, gun collecting or another proper
13   reason. The application form shall be dated and signed by the
14   applicant and shall contain the following statement:
15            I have never been convicted of a crime that prohibits me
16            from possessing or acquiring a firearm under Federal or
17            State law. I am of sound mind and have never been
18            involuntarily committed to a mental institution. In the
19            alternative my right to possess a firearm has been
20            legally restored. I hereby certify that the statements
21            contained herein are true and correct to the best of my
22            knowledge and belief. I understand that, if I knowingly
23            make any false statements herein, I am subject to
24            penalties prescribed by law. I authorize the [sheriff, or
25            his designee, or, in the case of first class cities, the
26            chief or head of the police department] issuing
27            authority, or [his] designee, to inspect only those
28            records or documents relevant to information required for
29            this application. If I am issued a license and knowingly
30            become ineligible to legally possess or acquire firearms,

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 1            I will promptly notify the [sheriff of the county in
 2            which I reside or, if I reside in a city of the first
 3            class, the chief of police of that city] issuing
 4            authority.
 5      (d)   [Sheriff to conduct] Pre-issuance investigation.--The
 6   [sheriff] issuing authority to whom the application is made
 7   shall:
 8            * * *
 9            [(3)    investigate whether the applicant's character and
10      reputation are such that the applicant will not be likely to
11      act in a manner dangerous to public safety;]
12            (4)    investigate whether the applicant would be precluded
13      from receiving a license under subsection (e)(1) or section
14      6105(h) [(relating to persons not to possess, use,
15      manufacture, control, sell or transfer firearms)]; and
16            (5)    conduct a criminal background, juvenile delinquency
17      and mental health check [following the procedures set forth
18      in section 6111 (relating to sale or transfer of firearms),
19      receive] by contacting the National Instant Criminal
20      Background Check System and must have received a unique
21      approval number for that inquiry and record the date and
22      number on the application.
23      (e)   Issuance of license.--
24            (1)    A license to carry a firearm shall be [for the
25      purpose of carrying a firearm concealed on or about one's
26      person or in a vehicle and shall be issued if,] issued after
27      an investigation not to exceed [45] 14 calendar days, [it
28      appears that the applicant is an individual concerning whom
29      no] unless good cause exists to deny the license. A license
30      shall not be issued to any of the following:

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 1                [(i)    An individual whose character and reputation is
 2          such that the individual would be likely to act in a
 3          manner dangerous to public safety.]
 4                * * *
 5                (v)    An individual who is not of sound mind or who
 6          has ever been involuntarily committed to a mental
 7          institution[.], unless the involuntary commitment has
 8          been expunged, vacated or granted relief from a
 9          prohibition to possess a firearm.
10                * * *
11                [(vii)    An individual who is a habitual drunkard.]
12                * * *
13          (3)   The license to carry a firearm shall be designed to
14    be uniform throughout this Commonwealth and shall be in a
15    form prescribed by the Pennsylvania State Police. The license
16    shall bear the following:
17                * * *
18                (ii)    The signature of the [sheriff] authority
19          issuing the license.
20                * * *
21          (4)   The [sheriff] issuing authority shall require a
22    photograph of the licensee on the license. The photograph
23    shall be in a form compatible with the Commonwealth Photo
24    Imaging Network.
25          * * *
26    (f)   Term of license.--
27          * * *
28          (2)   At least 60 days prior to the expiration of each
29    license, the issuing [sheriff] authority shall send to the
30    licensee an application for renewal of license. Failure to

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 1      receive a renewal application shall not relieve a licensee
 2      from the responsibility to renew the license.
 3            * * *
 4            [(4)    Possession of a license, together with a copy of
 5      the person's military orders showing the dates of overseas
 6      deployment, including the date that the overseas deployment
 7      ends, shall constitute, during the extension period specified
 8      in paragraph (3), a defense to any charge filed pursuant to
 9      section 6106 (relating to firearms not to be carried without
10      a license) or 6108 (relating to carrying firearms on public
11      streets or public property in Philadelphia).]
12      (g)   Grant or denial of license.--Upon the receipt of an
13   application for a license to carry a firearm, the [sheriff]
14   issuing authority shall, within [45] 14 calendar days, issue or
15   refuse to issue a license on the basis of the investigation
16   under subsection (d) and the accuracy of the information
17   contained in the application. If the [sheriff] issuing authority
18   refuses to issue a license, the [sheriff] issuing authority
19   shall notify the applicant in writing of the refusal and the
20   specific reasons. The notice shall be sent by certified mail to
21   the applicant at the address set forth in the application.
22      (h)   Fee.--
23            * * *
24            (3)    An additional fee of $1 shall be paid by the
25      applicant for a license to carry a firearm and shall be
26      remitted by the [sheriff] issuing authority to the Firearms
27      License Validation System Account, which is hereby
28      established as a special restricted receipt account within
29      the General Fund of the State Treasury. The account shall be
30      used for purposes under subsection (l). Moneys credited to

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 1      the account and any investment income accrued are hereby
 2      appropriated on a continuing basis to the Pennsylvania State
 3      Police.
 4            (4)   No fee other than that provided by this subsection
 5      or the Sheriff Fee Act may be assessed by the [sheriff]
 6      issuing authority for the performance of any background check
 7      made pursuant to this act.
 8            * * *
 9      (i.1)   Notice to [sheriff] issuing authority.--
10   Notwithstanding any statute to the contrary:
11            (1)   Upon conviction of a person for a crime specified in
12      section 6105(a) or (b) or upon conviction of a person for a
13      crime punishable by imprisonment exceeding one year or upon a
14      determination that the conduct of a person meets the criteria
15      specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
16      the court shall determine if the defendant has a license to
17      carry firearms issued pursuant to this section. If the
18      defendant has such a license, the court shall notify the
19      [sheriff of the county in which that person resides] issuing
20      authority, on a form developed by the Pennsylvania State
21      Police, of the identity of the person and the nature of the
22      crime or conduct which resulted in the notification. The
23      notification shall be transmitted by the judge within seven
24      days of the conviction or determination.
25            * * *
26      (j)   Immunity.--[A sheriff] An issuing authority who complies
27   in good faith with this section shall be immune from liability
28   resulting or arising from the action or misconduct with a
29   firearm committed by any individual to whom a license to carry a
30   firearm has been issued.

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 1    * * *
 2    (m.1)   Temporary emergency licenses.--
 3        (1)   A person seeking a temporary emergency license to
 4    carry a concealed firearm shall submit to the [sheriff]
 5    issuing authority of the county in which the person resides
 6    all of the following:
 7              * * *
 8              (ii)    A sworn affidavit that contains the information
 9        required on an application for a license to carry a
10        firearm and attesting that the person is 21 years of age
11        or older, is not prohibited from owning firearms under
12        section 6105 [(relating to persons not to possess, use,
13        manufacture, control, sell or transfer firearms)] or any
14        other Federal or State law and is not currently subject
15        to a protection from abuse order or a protection order
16        issued by a court of another state.
17              * * *
18        (2)   Upon receipt of the items required under paragraph
19    (1), the [sheriff] issuing authority immediately shall
20    conduct a criminal history, juvenile delinquency and mental
21    health record check of the applicant pursuant to section
22    6105. Immediately upon receipt of the results of the records
23    check, the [sheriff] issuing authority shall review the
24    information and shall determine whether the applicant meets
25    the criteria set forth in this subsection. If the [sheriff]
26    issuing authority determines that the applicant has met all
27    of the criteria, the [sheriff] issuing authority shall
28    immediately issue the applicant a temporary emergency license
29    to carry a concealed firearm.
30        (3)   If the [sheriff] issuing authority refuses to issue

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 1    a temporary emergency license, the [sheriff] issuing
 2    authority shall specify the grounds for the denial in a
 3    written notice to the applicant. The applicant may appeal the
 4    denial or challenge criminal records check results that were
 5    the basis of the denial, if applicable, in the same manner as
 6    a denial of a license to carry a firearm under this section.
 7        (4)   A temporary emergency license issued under this
 8    subsection shall be valid for 45 days and may not be renewed.
 9    A person who has been issued a temporary emergency license
10    under this subsection shall not be issued another temporary
11    emergency license unless at least five years have expired
12    since the issuance of the prior temporary emergency license.
13    During the 45 days the temporary emergency license is valid,
14    the [sheriff] issuing authority shall conduct an additional
15    investigation of the person for the purposes of determining
16    whether the person may be issued a license pursuant to this
17    section. If, during the course of this investigation, the
18    [sheriff] issuing authority discovers any information that
19    would have prohibited the issuance of a license pursuant to
20    this section, the [sheriff] issuing authority shall be
21    authorized to revoke the temporary emergency license as
22    provided in subsection (i).
23        * * *
24        (7)   [A sheriff] An issuing authority who issues a
25    temporary emergency license to carry a firearm shall retain,
26    for the entire period during which the temporary emergency
27    license is in effect, the evidence of imminent danger that
28    the applicant submitted to the [sheriff] issuing authority
29    that was the basis for the license, or a copy of the
30    evidence, as appropriate.

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 1             * * *
 2             (9)   Prior to the expiration of a temporary emergency
 3      license, if the [sheriff] issuing authority has determined
 4      pursuant to investigation that the person issued a temporary
 5      emergency license is not disqualified and if the temporary
 6      emergency license has not been revoked pursuant to subsection
 7      (i), the [sheriff] issuing authority shall issue a license
 8      pursuant to this section that is effective for the balance of
 9      the five-year period from the date of the issuance of the
10      temporary emergency license. Records and all other
11      information, duties and obligations regarding such licenses
12      shall be applicable as otherwise provided in this section.
13             * * *
14   § 6118.    Antique firearms.
15      * * *
16      (b)     Exception.--Subsection (a) shall not apply to the extent
17   that such antique firearms, reproductions or replicas of
18   firearms are concealed weapons as provided in [section 6106
19   (relating to firearms not be carried without a license), nor
20   shall it apply to the provisions of] section 6105 (relating to
21   persons not to possess, use, manufacture, control, sell or
22   transfer firearms) if such antique firearms, reproductions or
23   replicas of firearms are suitable for use.
24      Section 9.     Section 6122 of Title 18 is repealed:
25   [§ 6122.    Proof of license and exception.
26      (a)     General rule.--When carrying a firearm concealed on or
27   about one's person or in a vehicle, an individual licensed to
28   carry a firearm shall, upon lawful demand of a law enforcement
29   officer, produce the license for inspection. Failure to produce
30   such license either at the time of arrest or at the preliminary

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 1   hearing shall create a rebuttable presumption of nonlicensure.
 2      (b)    Exception.--An individual carrying a firearm on or about
 3   his person or in a vehicle and claiming an exception under
 4   section 6106(b) (relating to firearms not to be carried without
 5   a license) shall, upon lawful demand of a law enforcement
 6   officer, produce satisfactory evidence of qualification for
 7   exception.]
 8      Section 10.       Section 6108(a)(7) introductory paragraph of
 9   Title 23 is amended to read:
10   § 6108.    Relief.
11      (a)    General rule.--Subject to subsection (a.1), the court
12   may grant any protection order or approve any consent agreement
13   to bring about a cessation of abuse of the plaintiff or minor
14   children. The order or agreement may include:
15             * * *
16             (7)     Prohibiting the defendant from acquiring or
17      possessing any firearm for the duration of the order,
18      ordering the defendant to temporarily relinquish to the
19      sheriff or the appropriate law enforcement agency any
20      firearms under the defendant's possession or control, and
21      requiring the defendant to relinquish to the sheriff or the
22      appropriate law enforcement agency any firearm license issued
23      under section 6108.3 (relating to relinquishment to third
24      party for safekeeping) [or 18 Pa.C.S. § 6106 (relating to
25      firearms not to be carried without a license)] or 6109
26      (relating to licenses) the defendant may possess. The court
27      may also order the defendant to relinquish the defendant's
28      other weapons or ammunition that have been used or been
29      threatened to be used in an incident of abuse against the
30      plaintiff or the minor children. A copy of the court's order

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1     shall be transmitted to the chief or head of the appropriate
2     law enforcement agency and to the sheriff of the county of
3     which the defendant is a resident. When relinquishment is
4     ordered, the following shall apply:
5         * * *
6     Section 11.   This act shall take effect in 60 days.




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