HB 604 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for sale or transfer of firearms, for duties of the Pennsylvania State Police and for the offense of altering or obliterating marks of identification and providing for destruction of confiscated or recovered firearms.

PRINTER'S NO.   612

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 604
                                                Session of
                                                  2025

     INTRODUCED BY ISAACSON, CIRESI, FRANKEL, GIRAL, GREEN, HILL-
        EVANS, KINKEAD, NEILSON, OTTEN, SANCHEZ, WAXMAN AND WEBSTER,
        FEBRUARY 12, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2025


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in firearms and other dangerous
 3      articles, further providing for sale or transfer of firearms,
 4      for duties of the Pennsylvania State Police and for the
 5      offense of altering or obliterating marks of identification
 6      and providing for destruction of confiscated or recovered
 7      firearms.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Sections 6111(c) and 6111.1(b)(4) of Title 18 of
11   the Pennsylvania Consolidated Statutes are amended to read:
12   § 6111.    Sale or transfer of firearms.
13      * * *
14      (c)    Duty of other persons.--Any person who is not a licensed
15   importer, manufacturer or dealer and who desires to sell or
16   transfer a firearm to another unlicensed person shall do so only
17   upon the place of business of a licensed importer, manufacturer,
18   dealer or county sheriff's office, the latter of whom shall
19   follow the procedure set forth in this section as if he were the
20   seller of the firearm. The provisions of this section shall not
 1   apply to transfers between spouses or to transfers between a
 2   parent and child or to transfers between grandparent and
 3   grandchild. Nothing in this subsection may be construed to
 4   authorize the Pennsylvania State Police or any local law
 5   enforcement agency to sell or transfer any confiscated firearm
 6   in the possession of the Pennsylvania State Police or local law
 7   enforcement agency.
 8      * * *
 9   § 6111.1.      Pennsylvania State Police.
10      * * *
11      (b)   Duty of Pennsylvania State Police.--
12            * * *
13            (4)    The Pennsylvania State Police and any local law
14      enforcement agency shall make all reasonable efforts to
15      determine the lawful owner of any firearm confiscated or
16      recovered by the Pennsylvania State Police or any local law
17      enforcement agency and return said firearm to its lawful
18      owner if the owner is not otherwise prohibited from
19      possessing the firearm. If the reasonable efforts of the
20      Pennsylvania State Police or local law enforcement agency
21      fail to identify the lawful owner of the confiscated or
22      recovered firearm within 120 days after the Pennsylvania
23      State Police or local law enforcement agency comes into
24      possession of the firearm, or if the lawful owner of the
25      firearm is identified but otherwise prohibited from
26      possessing the firearm, the Pennsylvania State Police or
27      local law enforcement agency shall destroy the firearm under
28      section 6117.1 (relating to destruction of confiscated or
29      recovered firearms). When a court of law has determined that
30      the Pennsylvania State Police or any local law enforcement

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 1      agency have failed to exercise the duty under this
 2      subsection, reasonable attorney fees shall be awarded to any
 3      lawful owner of said firearm who has sought judicial
 4      enforcement of this subsection.
 5      * * *
 6      Section 2.    Section 6117 of Title 18 is amended by adding a
 7   subsection to read:
 8   § 6117.    Altering or obliterating marks of identification.
 9      * * *
10      (e)    Nonapplicability.--This section shall not apply to a
11   firearm destroyed under section 6117.1 (relating to destruction
12   of confiscated or recovered firearms).
13      Section 3.    Title 18 is amended by adding a section to read:
14   § 6117.1.   Destruction of confiscated or recovered firearms.
15      (a)    General rule.--Except as provided under subsection (b),
16   the Pennsylvania State Police and any local law enforcement
17   agency shall destroy all confiscated or recovered firearms in
18   the possession of the Pennsylvania State Police or local law
19   enforcement agency if the reasonable efforts of the Pennsylvania
20   State Police or local law enforcement agency required under
21   section 6111.1(b)(4) (relating to Pennsylvania State Police)
22   fail to identify the lawful owner of the firearm or if the
23   lawful owner of the firearm is identified but otherwise
24   prohibited from possessing the firearm.
25      (b)    Exception.--No confiscated or recovered firearm may be
26   destroyed under this section if the firearm is evidence in an
27   ongoing investigation or in a criminal prosecution or civil
28   litigation. Confiscated or recovered firearms under this section
29   may only be destroyed when the investigation is complete or a
30   court of competent jurisdiction issues an order authorizing the

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 1   destruction of the firearm.
 2      (c)   Method of destruction.--Confiscated or recovered
 3   firearms subject to destruction under this section shall be
 4   melted at smelting plants located within this Commonwealth.
 5      (d)   Procedure prior to destruction.--The following shall
 6   apply to confiscated or recovered firearms subject to
 7   destruction under this section:
 8            (1)   The Pennsylvania State Police or local law
 9      enforcement agency shall place all firearms in sealed
10      containers and in a secure environment with access limited to
11      individuals directly responsible for maintaining the official
12      registry under paragraph (2).
13            (2)   The Pennsylvania State Police or local law
14      enforcement agency shall establish a registry for purposes of
15      cataloging all confiscated or recovered firearms in the
16      possession of the Pennsylvania State Police or local law
17      enforcement agency. The Pennsylvania State Police and each
18      local law enforcement agency shall designate one or more
19      individuals who shall be responsible for maintaining the
20      registry.
21            (3)   A firearm shall be individually cataloged in the
22      official registry required under paragraph (2). The registry
23      shall contain the following information relating to the
24      firearm:
25                  (i)    The serial number of the firearm.
26                  (ii)    The make and model of the firearm.
27                  (iii)    The date the firearm came into the possession
28            of the Pennsylvania State Police or local law enforcement
29            agency.
30                  (iv)    The earliest date on which the firearm can be

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 1            destroyed under this section.
 2                  (v)    The date the lawful owner of the confiscated
 3            firearm was identified and the date the firearm was
 4            returned to the lawful owner, if applicable.
 5                  (vi)    The date the firearm was destroyed.
 6            (4)   Firearms subject to destruction under this section
 7      shall be transported in sealed containers.
 8      (e)   Time period for destruction.--Except as otherwise
 9   provided in this section, firearms subject to destruction under
10   this section shall be destroyed as promptly as possible but no
11   less than quarterly. The Pennsylvania State Police or local law
12   enforcement agency may maintain confiscated or recovered
13   firearms in the possession of the Pennsylvania State Police or
14   local law enforcement agency until accumulating a sufficient
15   number of firearms to defray the costs associated with this
16   section, provided that each firearm subject to destruction under
17   this section shall be destroyed no later than 180 days after the
18   firearm comes into the possession of the Pennsylvania State
19   Police or local law enforcement agency.
20      Section 4.        This act shall take effect in 60 days.




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