SB 209 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for licenses, providing for liability insurance and further providing for sale or transfer of firearms.

PRINTER'S NO.   156

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         SENATE BILL
                         No. 209
                                                 Session of
                                                   2025

     INTRODUCED BY CAPPELLETTI, KEARNEY, HAYWOOD, COMITTA, SAVAL,
        COSTA, TARTAGLIONE AND KANE, JANUARY 29, 2025

     REFERRED TO JUDICIARY, JANUARY 29, 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 licenses, providing for
 4      liability insurance and further providing for sale or
 5      transfer of firearms.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.     Section 6109(e)(1) of Title 18 of the
 9   Pennsylvania Consolidated Statutes is amended to read:
10   § 6109.    Licenses.
11      * * *
12      (e)    Issuance of license.--
13             (1)   A license to carry a firearm shall be for the
14      purpose of carrying a firearm concealed on or about one's
15      person or in a vehicle and shall be issued if, after an
16      investigation not to exceed 45 days, it appears that the
17      applicant is an individual concerning whom no good cause
18      exists to deny the license and who has obtained firearm
19      liability insurance as provided under section 6109.1
 1    (relating to liability insurance). A license shall not be
 2    issued to any of the following:
 3             (i)    An individual whose character and reputation is
 4        such that the individual would be likely to act in a
 5        manner dangerous to public safety.
 6             (ii)    An individual who has been convicted of an
 7        offense under the act of April 14, 1972 (P.L.233, No.64),
 8        known as The Controlled Substance, Drug, Device and
 9        Cosmetic Act.
10             (iii)    An individual convicted of a crime enumerated
11        in section 6105.
12             (iv)    An individual who, within the past ten years,
13        has been adjudicated delinquent for a crime enumerated in
14        section 6105 or for an offense under The Controlled
15        Substance, Drug, Device and Cosmetic Act.
16             (v)    An individual who is not of sound mind or who
17        has ever been committed to a mental institution.
18             (vi)    An individual who is addicted to or is an
19        unlawful user of marijuana or a stimulant, depressant or
20        narcotic drug.
21             (vii)    An individual who is a habitual drunkard.
22             (viii)    An individual who is charged with or has been
23        convicted of a crime punishable by imprisonment for a
24        term exceeding one year except as provided for in section
25        6123 (relating to waiver of disability or pardons).
26             (ix)    A resident of another state who does not
27        possess a current license or permit or similar document
28        to carry a firearm issued by that state if a license is
29        provided for by the laws of that state, as published
30        annually in the Federal Register by the Bureau of

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 1            Alcohol, Tobacco and Firearms of the Department of the
 2            Treasury under 18 U.S.C. § 921(a)(19) (relating to
 3            definitions).
 4                (x)    An alien who is illegally in the United States.
 5                (xi)    An individual who has been discharged from the
 6            armed forces of the United States under dishonorable
 7            conditions.
 8                (xii)     An individual who is a fugitive from justice.
 9            This subparagraph does not apply to an individual whose
10            fugitive status is based upon nonmoving or moving summary
11            offense under Title 75 (relating to vehicles).
12                (xiii)     An individual who is otherwise prohibited
13            from possessing, using, manufacturing, controlling,
14            purchasing, selling or transferring a firearm as provided
15            by section 6105.
16                (xiv)     An individual who is prohibited from
17            possessing or acquiring a firearm under the statutes of
18            the United States.
19                (xv)    An individual who has failed to obtain and
20            provide to the issuing authority evidence of firearm
21            liability insurance as provided under section 6109.1.
22            * * *
23      Section 2.      Title 18 is amended by adding a section to read:
24   § 6109.1.   Liability insurance.
25      (a)   Requirement.--An individual may not possess, use,
26   manufacture, control, sell or transfer or be issued a license
27   under section 6109 (relating to licenses) without first
28   obtaining and providing a certificate of liability insurance
29   verifying that the individual has a valid insurance policy
30   insuring against injury to persons or property that may arise

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 1   out of the use of a firearm covered by the license.
 2      (b)   Required criteria.--The insurance policy shall meet all
 3   of the following criteria:
 4            (1)   Be in an amount of at least $1,000,000.
 5            (2)   Satisfy any judgment for personal injury or property
 6      damage arising out of a negligent or willful act involving
 7      the use of an insured firearm.
 8            (3)   May not cover any unlawful act.
 9      (c)   Notice of insurance.--An individual who has been issued
10   a contract of firearm liability insurance, or any approved self-
11   insurance entity, shall:
12            (1)   Notify the Pennsylvania State Police of the
13      liability insurance on a form developed by the Pennsylvania
14      State Police. The form shall include:
15                  (i)    Name and address of the individual.
16                  (ii)    Issuing insurance entity policy number and
17            expiration date of policy.
18                  (iii)    Names, addresses and age of additional
19            individuals covered by the liability insurance policy
20            entitled to possess, use or transport insured firearms.
21            (2)   Notify the licensing authority of the county in
22      which the insured individual resides, if the firearm
23      liability insurance becomes canceled or terminated. An
24      insurer shall provide a copy of the notice of cancellation or
25      a copy of the insurer's filing procedures with proof that the
26      notice was written in the normal course of business and
27      placed in the normal course of mailing.
28            (3)   Obtain from an insurance company an identification
29      certificate to the insured which is valid only for the period
30      for which coverage is paid by the insured. The insurance

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 1      identification certificates shall disclose the period for
 2      which coverage is paid by the insured. If the insured has
 3      financed premiums through a premium finance company or is on
 4      an insurer-sponsored or agency-sponsored payment plan, the
 5      insurance identification certificate may be issued for a
 6      period of six months notwithstanding that the payment by the
 7      insured may be for a period of less than six months.
 8      (d)   Duty to carry insurance identification certificate.--The
 9   insurer's insurance identification certificate shall be carried
10   simultaneously with the insured firearm, as well as the license
11   issued under section 6109, and shall be exhibited to a law
12   enforcement officer upon demand for inspection. An owner who
13   fails to produce the insurance identification certification on
14   demand is subject to the following:
15            (1)   The law enforcement officer shall confiscate the
16      firearm.
17            (2)   The owner of the firearm shall be provided with a
18      signed and dated written receipt by the law enforcement
19      officer. The receipt shall include a detailed identifying
20      description indicating the serial number and condition of the
21      firearm.
22            (3)   If, within 10 days, the law enforcement officer does
23      not receive proof from the owner of the firearm that the
24      owner has a valid firearm liability insurance policy, the law
25      enforcement officer shall notify the licensing authority of
26      the county in which the owner resides that proof of insurance
27      was not provided and the firearm was confiscated.
28            (4)   Upon receipt of the notification, the licensing
29      authority shall immediately revoke the owner's license to
30      carry a firearm and immediately notify the owner and law

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 1      enforcement officer of the license revocation.
 2            (5)   A confiscated firearm shall be released to an owner
 3      by the law enforcement officer to whom the firearm was
 4      confiscated as follows:
 5                  (i)    after confirmation has been received by the law
 6            enforcement officer that the owner's license to carry has
 7            been revoked and the law enforcement officer has notified
 8            the owner that the license has been revoked and the owner
 9            may no longer carry the firearm in public; or
10                  (ii)   the law enforcement officer has received proof
11            from the owner of the firearm that the owner has a valid
12            firearm liability insurance policy.
13      (e)   License reissuance fee.--
14            (1)   If a licensing authority revokes a person's license
15      to carry a firearm, the licensing authority may not reissue
16      the license to carry until the person furnishes proof of
17      insurance.
18            (2)   The licensing authority shall charge a fee of $50 to
19      reissue a license to carry following a revocation.
20      (f)   Foreign concealed weapons.--An individual who does not
21   reside but is present in this Commonwealth with a concealed
22   firearm and possesses a valid and lawfully issued license or
23   permit to carry the firearm which has been issued under the laws
24   of another state as provided under section 6106(b)(15) (relating
25   to firearms not to be carried without a license) shall obtain
26   firearm liability insurance as provided in this section within
27   30 days of arriving in this Commonwealth.
28      (g)   Penalties for noncompliance.--An individual who fails to
29   maintain liability insurance as required under this subsection
30   shall be subject to the following:

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 1             (1)   For a first offense, the individual shall be subject
 2      to a fine of at least $1,000.
 3             (2)   For a second offense, the individual shall be
 4      subject to a fine of at least $5,000.
 5             (3)   For a third offense, the individual commits a
 6      misdemeanor of the third degree and shall be subject to a
 7      fine of at least $10,000.
 8             (4)   For a fourth and subsequent offense, the individual
 9      commits a misdemeanor of the second degree and shall be
10      subject to a fine of at least $15,000.
11      Section 3.     Section 6111(b)(2) of Title 18 is amended to
12   read:
13   § 6111.    Sale or transfer of firearms.
14      * * *
15      (b)    Duty of seller.--No licensed importer, licensed
16   manufacturer or licensed dealer shall sell or deliver any
17   firearm to another person, other than a licensed importer,
18   licensed manufacturer, licensed dealer or licensed collector,
19   until the conditions of subsection (a) have been satisfied and
20   until he has:
21             * * *
22             (2)   Inspected photoidentification and proof of liability
23      insurance required under section 6109.1 (relating to
24      liability insurance) of the potential purchaser or
25      transferee, including, but not limited to, a driver's
26      license, official Pennsylvania photoidentification card or
27      official government photoidentification card. In the case of
28      a potential buyer or transferee who is a member of a
29      recognized religious sect or community whose tenets forbid or
30      discourage the taking of photographs of members of that sect

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1     or community, a seller shall accept a valid-without-photo
2     driver's license or a combination of documents, as prescribed
3     by the Pennsylvania State Police, containing the applicant's
4     name, address, date of birth and the signature of the
5     applicant.
6         * * *
7     Section 4.    This act shall take effect in 180 days.




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