SB 669 — An Act amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) 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 sale or transfer of firearms, for Pennsylvania State Police, for firearm sales surcharge, for Firearm Records Check Fund, for retail dealer required to be licensed and for licensing of dealers and providing for ammunition purchase authorization permits and for transporting ammunition into this Commonwealth; establishing the Ammunition Safety and Enforcement Fund; and making editorial changes.

PRINTER'S NO.   1276

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 669
                                                Session of
                                                  2025

     INTRODUCED BY HAYWOOD, KANE, COMITTA, KEARNEY, TARTAGLIONE,
        COSTA, SAVAL AND KIM, OCTOBER 24, 2025

     REFERRED TO JUDICIARY, OCTOBER 24, 2025


                                     AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 23 (Domestic
 2      Relations) and 42 (Judiciary and Judicial Procedure) of the
 3      Pennsylvania Consolidated Statutes, in firearms and other
 4      dangerous articles, further providing for definitions, for
 5      the offense of persons not to possess, use, manufacture,
 6      control, sell or transfer firearms, for sale or transfer of
 7      firearms, for Pennsylvania State Police, for firearm sales
 8      surcharge, for Firearm Records Check Fund, for retail dealer
 9      required to be licensed and for licensing of dealers and
10      providing for ammunition purchase authorization permits and
11      for transporting ammunition into this Commonwealth;
12      establishing the Ammunition Safety and Enforcement Fund; and
13      making editorial changes.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    Section 908.1(c) of Title 18 of the Pennsylvania
17   Consolidated Statutes is amended to read:
18   § 908.1.    Use or possession of electric or electronic
19                 incapacitation device.
20      * * *
21      (c)     Prohibited possession.--No person prohibited from
22   possessing a firearm pursuant to section 6105 (relating to
23   persons not to possess, use, manufacture, control, sell or
 1   transfer firearms and ammunition) may possess or use an electric
 2   or electronic incapacitation device.
 3      * * *
 4      Section 2.     Section 6102 of Title 18 is amended by adding
 5   definitions to read:
 6   § 6102.    Definitions.
 7      Subject to additional definitions contained in subsequent
 8   provisions of this subchapter which are applicable to specific
 9   provisions of this subchapter, the following words and phrases,
10   when used in this subchapter shall have, unless the context
11   clearly indicates otherwise, the meanings given to them in this
12   section:
13      "Ammunition."     A loaded cartridge with one or more
14   projectiles that consists of a primed case and propellant. The
15   term does not include blanks.
16      * * *
17      "Gun range or target facility."       Any of the following:
18             (1)   An enclosed or open-air firing range or area
19      designed and operated for the use of rifle or handgun
20      practice with targets.
21             (2)   A facility that permits the rental of firearms for
22      use on the facility's property and is authorized to operate
23      in such a manner by the governing body of the jurisdiction
24      where the facility is located.
25      * * *
26      "Other weapon."     Anything readily capable of lethal use and
27   possessed under circumstances not manifestly lawful. The term
28   does not include a firearm.
29      * * *
30      Section 3.     Sections 6103, 6104, 6105 heading, (a), (c), (d),

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 1   (f)(1) and (h), 6105.1(a)(1), 6105.2(a)(1), 6109(d)(4) and (5)
 2   and (m.1)(1)(ii) and 6110.2(c) of Title 18 are amended to read:
 3   § 6103.    Crimes committed with firearms.
 4      If any person commits or attempts to commit a crime
 5   enumerated in section 6105 (relating to persons not to possess,
 6   use, manufacture, control, sell or transfer firearms and
 7   ammunition) when armed with a firearm contrary to the provisions
 8   of this subchapter, that person may, in addition to the
 9   punishment provided for the crime, also be punished as provided
10   by this subchapter.
11   § 6104.    Evidence of intent.
12      In the trial of a person for committing or attempting to
13   commit a crime enumerated in section 6105 (relating to persons
14   not to possess, use, manufacture, control, sell or transfer
15   firearms and ammunition), the fact that that person was armed
16   with a firearm, used or attempted to be used, and had no license
17   to carry the same, shall be evidence of that person's intention
18   to commit the offense.
19   § 6105.    Persons not to possess, use, manufacture, control, sell
20                   or transfer firearms and ammunition.
21      (a)    Offense defined.--
22             (1)   A person who has been convicted of an offense
23      enumerated in subsection (b), within or without this
24      Commonwealth, regardless of the length of sentence or whose
25      conduct meets the criteria in subsection (c) shall not
26      possess, use, control, sell, transfer or manufacture or
27      obtain a license to possess, use, control, sell, transfer or
28      manufacture a firearm or ammunition in this Commonwealth.
29             (2)   (i)   Except as otherwise provided in this paragraph,
30             a person who is prohibited from possessing, using,

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 1            controlling, selling, transferring or manufacturing a
 2            firearm or ammunition under paragraph (1) or subsection
 3            (b) or (c) shall have a reasonable period of time, not to
 4            exceed 60 days from the date of the imposition of the
 5            disability under this subsection, in which to sell or
 6            transfer that person's firearms or ammunition to another
 7            eligible person who is not a member of the prohibited
 8            person's household.
 9                   (ii)    This paragraph shall not apply to any person
10            whose disability is imposed pursuant to subsection (c)
11            (6).
12                   (iii)    A person whose disability is imposed pursuant
13            to subsection (c)(9) shall relinquish any firearms and
14            firearm licenses under that person's possession or
15            control, as described in section 6105.2 (relating to
16            relinquishment of firearms and firearm licenses by
17            convicted persons).
18                   (iv)    A person whose disability is imposed pursuant
19            to a protection from abuse order shall relinquish any
20            firearms, other weapons, ammunition and firearm licenses
21            under that person's possession or control, as described
22            in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
23      * * *
24      (c)   Other persons.--In addition to any person who has been
25   convicted of any offense listed under subsection (b), the
26   following persons shall be subject to the prohibition of
27   subsection (a):
28            (1)    A person who is a fugitive from justice. This
29      paragraph does not apply to an individual whose fugitive
30      status is based upon a nonmoving or moving summary offense

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 1    under Title 75 (relating to vehicles).
 2        (2)   A person who has been convicted of an offense under
 3    the act of April 14, 1972 (P.L.233, No.64), known as The
 4    Controlled Substance, Drug, Device and Cosmetic Act, or any
 5    equivalent Federal statute or equivalent statute of any other
 6    state, that may be punishable by a term of imprisonment
 7    exceeding two years.
 8        (3)   A person who has been convicted of driving under the
 9    influence of alcohol or controlled substance as provided in
10    75 Pa.C.S. § 3802 (relating to driving under influence of
11    alcohol or controlled substance) or the former 75 Pa.C.S. §
12    3731, on three or more separate occasions within a five-year
13    period. For the purposes of this paragraph only, the
14    prohibition of subsection (a) shall only apply to transfers
15    or purchases of firearms or ammunition after the third
16    conviction.
17        (4)   A person who has been adjudicated as an incompetent
18    or who has been involuntarily committed to a mental
19    institution for inpatient care and treatment under section
20    302, 303 or 304 of the provisions of the act of July 9, 1976
21    (P.L.817, No.143), known as the Mental Health Procedures Act.
22    This paragraph shall not apply to any proceeding under
23    section 302 of the Mental Health Procedures Act unless the
24    examining physician has issued a certification that inpatient
25    care was necessary or that the person was committable.
26        (5)   A person who, being an alien, is illegally or
27    unlawfully in the United States.
28        (6)   A person who is the subject of an active final
29    protection from abuse order issued pursuant to 23 Pa.C.S. §
30    6108, is the subject of any other active protection from

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 1    abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
 2    provided for the relinquishment of firearms, other weapons or
 3    ammunition during the period of time the order is in effect
 4    or is otherwise prohibited from possessing or acquiring a
 5    firearm under 18 U.S.C. § 922(g)(8). This prohibition shall
 6    terminate upon the expiration or vacation of the order or
 7    portion thereof relating to the relinquishment of firearms,
 8    other weapons or ammunition.
 9        (7)   A person who was adjudicated delinquent by a court
10    pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
11    under any equivalent Federal statute or statute of any other
12    state as a result of conduct which if committed by an adult
13    would constitute an offense under sections 2502, 2503, 2702,
14    2703 (relating to assault by prisoner), 2704, 2901, 3121,
15    3123, 3301, 3502, 3701 and 3923.
16        (8)   A person who was adjudicated delinquent by a court
17    pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
18    statute or statute of any other state as a result of conduct
19    which if committed by an adult would constitute an offense
20    enumerated in subsection (b) with the exception of those
21    crimes set forth in paragraph (7). This prohibition shall
22    terminate 15 years after the last applicable delinquent
23    adjudication or upon the person reaching the age of 30,
24    whichever is earlier.
25        (9)   A person who is prohibited from possessing or
26    acquiring a firearm under 18 U.S.C. § 922(g)(9). If the
27    offense which resulted in the prohibition under 18 U.S.C. §
28    922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)
29    (33)(A)(ii) (relating to definitions), by a person in any of
30    the following relationships:

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 1                   (i)    the current or former spouse, parent or guardian
 2            of the victim;
 3                   (ii)    a person with whom the victim shares a child in
 4            common;
 5                   (iii)   a person who cohabits with or has cohabited
 6            with the victim as a spouse, parent or guardian; or
 7                   (iv)    a person similarly situated to a spouse, parent
 8            or guardian of the victim;
 9      then the relationship need not be an element of the offense
10      to meet the requirements of this paragraph.
11            (10)    A person who has been convicted of an offense under
12      subsection (a.1)(2). The prohibition shall terminate five
13      years after the date of conviction, final release from
14      confinement or final release from supervision, whichever is
15      later.
16      (d)   Exemption.--A person who has been convicted of a crime
17   specified in subsection (a) or (b) or a person whose conduct
18   meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
19   may make application to the court of common pleas of the county
20   where the principal residence of the applicant is situated for
21   relief from the disability imposed by this section upon the
22   possession, transfer or control of a firearm and ammunition. The
23   court shall grant such relief if it determines that any of the
24   following apply:
25            (1)    The conviction has been vacated under circumstances
26      where all appeals have been exhausted or where the right to
27      appeal has expired.
28            (2)    The conviction has been the subject of a full pardon
29      by the Governor.
30            (3)    Each of the following conditions is met:

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 1                  (i)    The Secretary of the Treasury of the United
 2            States has relieved the applicant of an applicable
 3            disability imposed by Federal law upon the possession,
 4            ownership or control of a firearm as a result of the
 5            applicant's prior conviction, except that the court may
 6            waive this condition if the court determines that the
 7            Congress of the United States has not appropriated
 8            sufficient funds to enable the Secretary of the Treasury
 9            to grant relief to applicants eligible for the relief.
10                  (ii)    A period of ten years, not including any time
11            spent in incarceration, has elapsed since the most recent
12            conviction of the applicant of a crime enumerated in
13            subsection (b), a felony violation of The Controlled
14            Substance, Drug, Device and Cosmetic Act or the offense
15            which resulted in the prohibition under 18 U.S.C. §
16            922(g)(9).
17      * * *
18      (f)   Other exemptions and proceedings.--
19            (1)   Upon application to the court of common pleas under
20      this subsection by an applicant subject to the prohibitions
21      under subsection (c)(4), the court may grant such relief as
22      it deems appropriate if the court determines that the
23      applicant may possess a firearm and ammunition without risk
24      to the applicant or any other person.
25            * * *
26      (h)   License prohibition.--Any person who is prohibited from
27   possessing, using, controlling, selling, purchasing,
28   transferring or manufacturing any firearm and ammunition under
29   this section shall not be eligible for or permitted to obtain a
30   license to carry a firearm under section 6109 (relating to

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 1   licenses).
 2      * * *
 3   § 6105.1.       Restoration of firearm rights for offenses under
 4                   prior laws of this Commonwealth.
 5      (a)    Restoration.--A person convicted of a disabling offense
 6   may make application to the court of common pleas in the county
 7   where the principal residence of the applicant is situated for
 8   restoration of firearms rights. The court shall grant
 9   restoration of firearms rights after a hearing in open court to
10   determine whether the requirements of this section have been met
11   unless:
12             (1)    the applicant has been convicted of any other
13      offense specified in section 6105(a) or (b) (relating to
14      persons not to possess, use, manufacture, control, sell or
15      transfer firearms and ammunition) or the applicant's conduct
16      meets the criteria in section 6105(c)(1), (2), (3), (4), (5),
17      (6) or (7);
18             * * *
19   § 6105.2.       Relinquishment of firearms and firearm licenses by
20                   convicted persons.
21      (a)    Procedure.--
22             (1)    A person subject to a firearms disability pursuant
23      to section 6105(c)(9) (relating to persons not to possess,
24      use, manufacture, control, sell or transfer firearms and
25      ammunition) shall relinquish any firearms under the person's
26      possession or control to the appropriate law enforcement
27      agency of the municipality as described in subsection (b) or
28      to a dealer as described in subsection (c).
29             * * *
30   § 6109.    Licenses.

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 1      * * *
 2      (d)   Sheriff to conduct investigation.--The sheriff to whom
 3   the application is made shall:
 4            * * *
 5            (4)   investigate whether the applicant would be precluded
 6      from receiving a license under subsection (e)(1) or section
 7      6105(h) (relating to persons not to possess, use,
 8      manufacture, control, sell or transfer firearms and
 9      ammunition); and
10            (5)   conduct a criminal background, juvenile delinquency
11      and mental health check following the procedures set forth in
12      section 6111 (relating to sale or transfer of firearms or
13      ammunition), receive a unique approval number for that
14      inquiry and record the date and number on the application.
15      * * *
16      (m.1)   Temporary emergency licenses.--
17            (1)   A person seeking a temporary emergency license to
18      carry a concealed firearm shall submit to the sheriff of the
19      county in which the person resides all of the following:
20                  * * *
21                  (ii)    A sworn affidavit that contains the information
22            required on an application for a license to carry a
23            firearm and attesting that the person is 21 years of age
24            or older, is not prohibited from owning firearms under
25            section 6105 [(relating to persons not to possess, use,
26            manufacture, control, sell or transfer firearms)] or any
27            other Federal or State law and is not currently subject
28            to a protection from abuse order or a protection order
29            issued by a court of another state.
30                  * * *

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 1   § 6110.2.    Possession of firearm with altered manufacturer's
 2                 number.
 3      * * *
 4      (c)     Definition.--As used in this section, the term "firearm"
 5   shall have the same meaning as that term is defined in section
 6   6105(i) (relating to persons not to possess, use, manufacture,
 7   control, sell or transfer firearms and ammunition), except that
 8   the term shall not include antique firearms as defined in
 9   section 6118 (relating to antique firearms).
10      Section 4.     Section 6111 heading, (b) introductory paragraph,
11   (1.1)(v), (1.2) and (6), (c), (f), (g), (h)(1) and (j) of Title
12   18 are amended and the section is amended by adding a subsection
13   to read:
14   § 6111.    Sale or transfer of firearms or ammunition.
15      * * *
16      (b)     Duty of seller.--No licensed importer, licensed
17   manufacturer or licensed dealer shall sell or deliver any
18   firearm or ammunition to another person, other than a licensed
19   importer, licensed manufacturer, licensed dealer [or], licensed
20   collector, gun range or target facility or, in the case of
21   ammunition, a person who purchases or receives the ammunition at
22   a gun range or target facility if the ammunition is kept within
23   the facility's premises at all times, until the conditions of
24   subsection (a) have been satisfied and until he has:
25             * * *
26             (1.1)   On the date of publication in the Pennsylvania
27      Bulletin of a notice by the Pennsylvania State Police that
28      the instantaneous records check has been implemented, all of
29      the following shall apply:
30                 * * *

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 1              (v)   Unless it has been discovered pursuant to a
 2        criminal history, juvenile delinquency and mental health
 3        records background check that the potential purchaser or
 4        transferee is prohibited from possessing a firearm and
 5        ammunition pursuant to section 6105 (relating to persons
 6        not to possess, use, manufacture, control, sell or
 7        transfer firearms and ammunition), no information on the
 8        application/record of sale provided pursuant to this
 9        subsection shall be retained as precluded by section
10        6111.4 (relating to registration of firearms) by the
11        Pennsylvania State Police either through retention of the
12        application/record of sale or by entering the information
13        onto a computer, and, further, an application/record of
14        sale received by the Pennsylvania State Police pursuant
15        to this subsection shall be destroyed within 72 hours of
16        the completion of the criminal history, juvenile
17        delinquency and mental health records background check.
18        (1.2)     Fees collected under paragraph (3) and section
19    6111.2 (relating to firearm and ammunition sales surcharge)
20    shall be transmitted to the Pennsylvania State Police within
21    14 days of collection.
22        * * *
23        (6)   Unless it has been discovered pursuant to a criminal
24    history, juvenile delinquency and mental health records
25    background check that the potential purchaser or transferee
26    is prohibited from possessing a firearm and ammunition
27    pursuant to section 6105, no information received via
28    telephone following the implementation of the instantaneous
29    background check system from a purchaser or transferee who
30    has received a unique approval number shall be retained by

20250SB0669PN1276                  - 12 -
 1      the Pennsylvania State Police.
 2            * * *
 3      (b.1)   Remote ordering.--
 4            (1)   Except for the sale, delivery or transfer of
 5      firearms by gun ranges or target facilities and as otherwise
 6      provided in paragraph (2), the sale, delivery or transfer of
 7      firearms or ammunition by a licensed importer, licensed
 8      manufacturer or licensed dealer to a purchaser or transferee
 9      other than another licensed importer, licensed manufacturer
10      or licensed dealer may only occur in a face-to-face
11      transaction with the licensed importer, licensed manufacturer
12      or licensed dealer being provided bona fide evidence of
13      identity from the purchaser or other transferee.
14            (2)   Firearms or ammunition may be purchased over the
15      Internet or through other means of remote ordering if a
16      licensed importer, licensed manufacturer or licensed dealer
17      in this Commonwealth initially receives the firearm or
18      ammunition and processes the transfer in compliance with this
19      section.
20      (c)   Duty of other persons.--Any person who is not a licensed
21   importer, manufacturer or dealer and who desires to sell or
22   transfer a firearm or ammunition to another unlicensed person
23   shall do so only upon the place of business of a licensed
24   importer, manufacturer, dealer or county sheriff's office, the
25   latter of whom shall follow the procedure set forth in this
26   section as if he were the seller of the firearm or ammunition.
27   The provisions of this section shall not apply to transfers
28   between spouses or to transfers between a parent and child or to
29   transfers between grandparent and grandchild or to transfers
30   between siblings.

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 1    * * *
 2    (f)   Application of section.--
 3          (1)   For the purposes of this section only, except as
 4    provided by paragraph (2), "firearm" shall mean any weapon
 5    which is designed to or may readily be converted to expel any
 6    projectile by the action of an explosive or the frame or
 7    receiver of any such weapon.
 8          (2)   The provisions contained in subsections (a), (b.1)
 9    and (c) shall only apply to [pistols or revolvers] a firearm
10    if the firearm is a pistol or revolver with a barrel length
11    of less than 15 inches, [any] a shotgun with a barrel length
12    of less than 18 inches, [any] a rifle with a barrel length of
13    less than 16 inches or [any] a firearm with an overall length
14    of less than 26 inches.
15          (3)   The provisions contained in subsection (a) shall not
16    apply to any law enforcement officer whose current
17    identification as a law enforcement officer shall be
18    construed as a valid license to carry a firearm or any person
19    who possesses a valid license to carry a firearm under
20    section 6109 (relating to licenses).
21          (4)   (i)   The provisions of subsection (a) shall not
22          apply to any person who presents to the seller or
23          transferor a written statement issued by the official
24          described in subparagraph (iii) during the ten-day period
25          ending on the date of the most recent proposal of such
26          transfer or sale by the transferee or purchaser stating
27          that the transferee or purchaser requires access to a
28          firearm and ammunition because of a threat to the life of
29          the transferee or purchaser or any member of the
30          household of that transferee or purchaser.

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 1                (ii)    The issuing official shall notify the
 2          applicant's local police authority that such a statement
 3          has been issued. In counties of the first class the chief
 4          of police shall notify the police station or substation
 5          closest to the applicant's residence.
 6                (iii)    The statement issued under subparagraph (ii)
 7          shall be issued by the district attorney, or his
 8          designee, of the county of residence if the transferee or
 9          purchaser resides in a municipality where there is no
10          chief of police. Otherwise, the statement shall be issued
11          by the chief of police in the municipality in which the
12          purchaser or transferee resides.
13    (g)   Penalties.--
14          (1)   Any person, licensed dealer, licensed manufacturer
15    or licensed importer who knowingly or intentionally sells,
16    delivers or transfers a firearm or ammunition in violation of
17    this section commits a misdemeanor of the second degree.
18          (2)   Any person, licensed dealer, licensed manufacturer
19    or licensed importer who knowingly or intentionally sells,
20    delivers or transfers a firearm or ammunition under
21    circumstances intended to provide a firearm or ammunition to
22    any person, purchaser or transferee who is unqualified or
23    ineligible to control, possess or use a firearm or ammunition
24    under this chapter commits a felony of the third degree and
25    shall in addition be subject to revocation of the license to
26    sell firearms and ammunition for a period of three years.
27          (3)   Any person, licensed dealer, licensed manufacturer
28    or licensed importer who knowingly and intentionally requests
29    a criminal history, juvenile delinquency or mental health
30    record check or other confidential information from the

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 1    Pennsylvania State Police under this chapter for any purpose
 2    other than compliance with this chapter or knowingly and
 3    intentionally disseminates any criminal history, juvenile
 4    delinquency or mental health record or other confidential
 5    information to any person other than the subject of the
 6    information commits a felony of the third degree.
 7        (3.1)     Any person, licensed dealer, licensed manufacturer
 8    or licensed importer who knowingly and intentionally obtains
 9    or furnishes information collected or maintained pursuant to
10    section 6109 for any purpose other than compliance with this
11    chapter or who knowingly or intentionally disseminates,
12    publishes or otherwise makes available such information to
13    any person other than the subject of the information commits
14    a felony of the third degree.
15        (4)   Any person, purchaser or transferee commits a felony
16    of the third degree if, in connection with the purchase,
17    delivery or transfer of a firearm or ammunition under this
18    chapter, he knowingly and intentionally:
19              (i)    makes any materially false oral statement;
20              (ii)    makes any materially false written statement,
21        including a statement on any form promulgated by Federal
22        or State agencies; or
23              (iii)    willfully furnishes or exhibits any false
24        identification intended or likely to deceive the seller,
25        licensed dealer or licensed manufacturer.
26        (5)   Notwithstanding section 306 (relating to liability
27    for conduct of another; complicity) or any other statute to
28    the contrary, any person, licensed importer, licensed dealer
29    or licensed manufacturer who knowingly and intentionally
30    sells, delivers or transfers a firearm or ammunition in

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 1    violation of this chapter who has reason to believe that the
 2    firearm or ammunition is intended to be used in the
 3    commission of a crime or attempt to commit a crime shall be
 4    criminally liable for such crime or attempted crime.
 5          (6)   Notwithstanding any act or statute to the contrary,
 6    any person, licensed importer, licensed manufacturer or
 7    licensed dealer who knowingly and intentionally sells or
 8    delivers a firearm or ammunition in violation of this chapter
 9    who has reason to believe that the firearm or ammunition is
10    intended to be used in the commission of a crime or attempt
11    to commit a crime shall be liable in the amount of the civil
12    judgment for injuries suffered by any person so injured by
13    such crime or attempted crime.
14    (h)   Subsequent violation penalty.--
15          (1)   A second or subsequent violation of this section
16    shall be a felony of the second degree. A person who at the
17    time of sentencing has been convicted of another offense
18    under this section shall be sentenced to a mandatory minimum
19    sentence of imprisonment of five years. A second or
20    subsequent offense shall also result in permanent revocation
21    of any license to sell, import or manufacture a firearm and
22    ammunition.
23          * * *
24    (j)   Exemption.--
25          (1)   The provisions of subsections (a) and (b) shall not
26    apply to:
27                (i)    sales between Federal firearms licensees; or
28                (ii)    the purchase of firearms or ammunition by a
29          chief law enforcement officer or his designee, for the
30          official use of law enforcement officers.

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 1            (2)    For the purposes of this subsection, the term "chief
 2      law enforcement officer" shall include the Commissioner of
 3      the Pennsylvania State Police, the chief or head of a police
 4      department, a county sheriff or any equivalent law
 5      enforcement official.
 6      Section 5.        Sections 6111.1(b), (e)(1), (f)(1), (i), (j.3)
 7   and (k), 6111.2 heading, (a) and (c), 6111.3, 6112, 6113(a),
 8   6115(b)(1)(iv)(B)(II), 6117(a) and 6118(b) of Title 18 are
 9   amended to read:
10   § 6111.1.      Pennsylvania State Police.
11      * * *
12      (b)   Duty of Pennsylvania State Police.--
13            (1)    Upon receipt of a request for a criminal history,
14      juvenile delinquency history and mental health record check
15      of the potential purchaser or transferee, the Pennsylvania
16      State Police shall immediately during the licensee's call or
17      by return call forthwith:
18                  (i)    review the Pennsylvania State Police criminal
19            history and fingerprint records to determine if the
20            potential purchaser or transferee is prohibited from
21            receipt or possession of a firearm or ammunition under
22            Federal or State law;
23                  (ii)    review the juvenile delinquency and mental
24            health records of the Pennsylvania State Police to
25            determine whether the potential purchaser or transferee
26            is prohibited from receipt or possession of a firearm or
27            ammunition under Federal or State law; and
28                  (iii)    inform the licensee making the inquiry either:
29                         (A)   that the potential purchase or transfer is
30                  prohibited; or

20250SB0669PN1276                        - 18 -
 1                      (B)   provide the licensee with a unique approval
 2               number.
 3        (2)    In the event of electronic failure, scheduled
 4    computer downtime or similar event beyond the control of the
 5    Pennsylvania State Police, the Pennsylvania State Police
 6    shall immediately notify the requesting licensee of the
 7    reason for and estimated length of the delay. If the failure
 8    or event lasts for a period exceeding 48 hours, the dealer
 9    shall not be subject to any penalty for completing a
10    transaction absent the completion of an instantaneous records
11    check for the remainder of the failure or similar event, but
12    the dealer shall obtain a completed application/record of
13    sale following the provisions of section 6111(b)(1) and (1.1)
14    (relating to sale or transfer of firearms or ammunition) as
15    if an instantaneous records check has not been established
16    for any sale or transfer of a firearm or ammunition for the
17    purpose of a subsequent background check.
18        (3)    The Pennsylvania State Police shall fully comply,
19    execute and enforce the directives of this section as
20    follows:
21               (i)    The instantaneous background check for firearms
22        as defined in section 6102 (relating to definitions)
23        shall begin on July 1, 1998.
24               (ii)    The instantaneous background check for firearms
25        that exceed the barrel lengths set forth in section 6102
26        shall begin on the later of:
27                      (A)   the date of publication of the notice under
28               section 6111(a)(2); or
29                      (B)   December 31, 1998.
30        (4)    The Pennsylvania State Police and any local law

20250SB0669PN1276                     - 19 -
 1      enforcement agency shall make all reasonable efforts to
 2      determine the lawful owner of any firearm confiscated or
 3      recovered by the Pennsylvania State Police or any local law
 4      enforcement agency and return said firearm to its lawful
 5      owner if the owner is not otherwise prohibited from
 6      possessing the firearm. When a court of law has determined
 7      that the Pennsylvania State Police or any local law
 8      enforcement agency have failed to exercise the duty under
 9      this subsection, reasonable attorney fees shall be awarded to
10      any lawful owner of said firearm who has sought judicial
11      enforcement of this subsection.
12      * * *
13      (e)   Challenge to records.--
14            (1)   Any person who is denied the right to receive, sell,
15      transfer, possess, carry, manufacture or purchase a firearm
16      or ammunition as a result of the procedures established by
17      this section may challenge the accuracy of that person's
18      criminal history, juvenile delinquency history or mental
19      health record pursuant to a denial by the instantaneous
20      records check by submitting a challenge to the Pennsylvania
21      State Police within 30 days from the date of the denial.
22            * * *
23      (f)   Notification of mental health adjudication, treatment,
24   commitment, drug use or addiction.--
25            (1)   Notwithstanding any statute to the contrary, judges
26      of the courts of common pleas shall notify the Pennsylvania
27      State Police, on a form developed by the Pennsylvania State
28      Police, of:
29                  (i)   the identity of any individual who has been
30            adjudicated as an incompetent or as a mental defective or

20250SB0669PN1276                      - 20 -
 1            who has been involuntarily committed to a mental
 2            institution under the act of July 9, 1976 (P.L.817,
 3            No.143), known as the Mental Health Procedures Act, or
 4            who has been involuntarily treated as described in
 5            section 6105(c)(4) (relating to persons not to possess,
 6            use, manufacture, control, sell or transfer firearms and
 7            ammunition) or as described in 18 U.S.C. § 922(g)(4)
 8            (relating to unlawful acts) and its implementing Federal
 9            regulations; and
10                  (ii)   any finding of fact or court order related to
11            any person described in 18 U.S.C. § 922(g)(3).
12            * * *
13      (i)   Reports.--The Pennsylvania State Police shall annually
14   compile and report to the General Assembly, on or before
15   December 31, the following information for the previous year:
16            (1)   number of firearm and ammunition sales, including
17      the types of firearms and ammunition, delineated in a
18      separate manner;
19            (2)   number of applications for sale of firearms and
20      ammunition denied, number of challenges of the denials and
21      number of final reversals of initial denials, delineated in a
22      separate manner;
23            (3)   summary of the Pennsylvania State Police's
24      activities, including the average time taken to complete a
25      criminal history, juvenile delinquency history or mental
26      health record check; and
27            (4)   uniform crime reporting statistics compiled by the
28      Pennsylvania State Police based on the National Incident-
29      based Reporting System.
30      * * *

20250SB0669PN1276                      - 21 -
 1      (j.3)    Immunity.--The Pennsylvania State Police and its
 2   employees shall be immune from actions for damages for the use
 3   of a firearm or ammunition by a purchaser or for the unlawful
 4   transfer of a firearm or ammunition by a dealer unless the act
 5   of the Pennsylvania State Police or its employees constitutes a
 6   crime, actual fraud, actual malice or willful misconduct.
 7      (k)   Definitions.--As used in this section, the following
 8   words and phrases shall have the meanings given to them in this
 9   subsection:
10      "Firearm."    The term shall have the same meaning as in
11   section 6111.2 (relating to firearm and ammunition sales
12   surcharge).
13      "Physician."    Any licensed psychiatrist or clinical
14   psychologist as defined in the act of July 9, 1976 (P.L.817,
15   No.143), known as the Mental Health Procedures Act.
16   § 6111.2.   Firearm and ammunition sales surcharge.
17      (a)   Surcharge imposed.--There is hereby imposed on each sale
18   of a firearm or ammunition subject to tax under Article II of
19   the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
20   Code of 1971, an additional surcharge of $3. This shall be
21   referred to as the Firearm and Ammunition Sale Surcharge. All
22   moneys received from this surcharge shall be deposited in the
23   Firearm [Instant] Records Check Fund.
24      * * *
25      (c)   Revenue sources.--Funds received under the provisions of
26   this section and section 6111(b)(3) (relating to sale or
27   transfer of firearms or ammunition), as estimated and certified
28   by the Secretary of Revenue, shall be deposited within five days
29   of the end of each quarter into the fund.
30      * * *

20250SB0669PN1276                   - 22 -
 1   § 6111.3.   Firearm Records Check Fund.
 2      (a)    Establishment.--The Firearm Records Check Fund is hereby
 3   established as a restricted account in the State Treasury,
 4   separate and apart from all other public money or funds of the
 5   Commonwealth, to be appropriated annually by the General
 6   Assembly, for use in carrying out the provisions of section 6111
 7   (relating to [firearm ownership] sale or transfer of firearms or
 8   ammunition). The moneys in the fund on June 1, 1998, are hereby
 9   appropriated to the Pennsylvania State Police.
10      (b)    Source.--The source of the fund shall be moneys
11   collected and transferred under section 6111.2 (relating to
12   firearm and ammunition sales surcharge) and moneys collected and
13   transferred under section 6111(b)(3).
14   § 6112.   Retail dealer required to be licensed.
15      No retail dealer shall sell, or otherwise transfer or expose
16   for sale or transfer, or have in his possession with intent to
17   sell or transfer, any ammunition or any firearm as defined in
18   section 6113(d) (relating to licensing of dealers) without being
19   licensed as provided in this chapter.
20   § 6113.   Licensing of dealers.
21      (a)    General rule.--The chief or head of any police force or
22   police department of a city, and, elsewhere, the sheriff of the
23   county, shall grant to reputable applicants licenses, in form
24   prescribed by the Pennsylvania State Police, effective for three
25   years from date of issue, permitting the licensee to sell
26   firearms, ammunition, or both, direct to the consumer, subject
27   to the following conditions in addition to those specified in
28   section 6111 (relating to sale or transfer of firearms or
29   ammunition), for breach of any of which the license shall be
30   forfeited and the licensee subject to punishment as provided in

20250SB0669PN1276                   - 23 -
 1   this subchapter:
 2          (1)     The business shall be carried on only upon the
 3      premises designated in the license or at a lawful gun show or
 4      meet.
 5          (2)     The license, or a copy thereof, certified by the
 6      issuing authority, shall be displayed on the premises where
 7      it can easily be read.
 8          (3)     No firearm or ammunition shall be sold in violation
 9      of any provision of this subchapter.
10          (4)     No firearm or ammunition shall be sold under any
11      circumstances unless the purchaser is personally known to the
12      seller or shall present clear evidence of the purchaser's
13      identity.
14          (5)     A true record in triplicate shall be made of every
15      firearm or ammunition sold, in a book kept for the purpose,
16      the form of which may be prescribed by the Pennsylvania State
17      Police, and shall be personally signed by the purchaser and
18      by the person effecting the sale, each in the presence of the
19      other, and shall contain the information required by section
20      6111. The record shall be maintained by the licensee for a
21      period of 20 years.
22          (6)     No firearm as defined in section 6102 (relating to
23      definitions) or ammunition shall be displayed in any part of
24      any premises where it can readily be seen from the outside.
25      In the event that the Commissioner of the Pennsylvania State
26      Police shall find a clear and present danger to public safety
27      within this Commonwealth or any area thereof, firearms and
28      ammunition shall be stored and safeguarded pursuant to
29      regulations to be established by the Pennsylvania State
30      Police by the licensee during the hours when the licensee is

20250SB0669PN1276                    - 24 -
 1      closed for business.
 2             (7)   The dealer shall possess all applicable current
 3      revenue licenses.
 4      * * *
 5   § 6115.    Loans on, or lending or giving firearms prohibited.
 6      * * *
 7      (b)    Exception.--
 8             (1)   Subsection (a) shall not apply if any of the
 9      following apply:
10                   * * *
11                   (iv)    The person who receives the firearm meets all
12             of the following:
13                          * * *
14                          (B)   Pursuant to section 6110.1 (relating to
15                   possession of firearm by minor) is under the
16                   supervision, guidance and instruction of a
17                   responsible individual who:
18                                * * *
19                                (II)    is not prohibited from owning or
20                          possessing a firearm under section 6105 (relating
21                          to persons not to possess, use, manufacture,
22                          control, sell or transfer firearms and
23                          ammunition).
24                   * * *
25   § 6117.    Altering or obliterating marks of identification.
26      (a)    Offense defined.--No person shall change, alter, remove,
27   or obliterate the manufacturer's number integral to the frame or
28   receiver of any firearm which shall have the same meaning as
29   provided in section 6105 (relating to persons not to possess,
30   use, manufacture, control, sell or transfer firearms and

20250SB0669PN1276                            - 25 -
 1   ammunition).
 2      * * *
 3   § 6118.    Antique firearms.
 4      * * *
 5      (b)    Exception.--Subsection (a) shall not apply to the extent
 6   that such antique firearms, reproductions or replicas of
 7   firearms are concealed weapons as provided in section 6106
 8   (relating to firearms not be carried without a license), nor
 9   shall it apply to the provisions of section 6105 (relating to
10   persons not to possess, use, manufacture, control, sell or
11   transfer firearms and ammunition) if such antique firearms,
12   reproductions or replicas of firearms are suitable for use.
13      * * *
14      Section 6.       Title 18 is amended by adding sections to read:
15   § 6121.1.       Ammunition purchase authorization permits.
16      (a)    Use.--A person holding an ammunition purchase
17   authorization permit issued under this section may purchase or
18   otherwise seek the transfer of ownership of ammunition from a
19   retailer that sells ammunition.
20      (b)    Validity.--Except as provided under subsection (c), an
21   ammunition purchase authorization permit shall be valid for four
22   years from the date of issuance.
23      (c)    Eligibility.--The Pennsylvania State Police shall issue
24   an ammunition purchase authorization permit to a person if all
25   of the following requirements are met:
26             (1)    The person submits an application for an ammunition
27      purchase authorization permit as prescribed by the
28      Pennsylvania State Police.
29             (2)    The person is 18 years of age or older.
30             (3)    The person is not prohibited from acquiring or

20250SB0669PN1276                      - 26 -
 1    possessing ammunition under Federal or State law.
 2          (4)   The person pays the fee as specified under
 3    subsection (g).
 4    (d)   Approval process.--
 5          (1)   Upon receipt of an application for an ammunition
 6    purchase authorization permit, the Pennsylvania State Police
 7    shall examine its records and the Pennsylvania Instant Check
 8    System in order to determine if the applicant is prohibited
 9    from possessing or acquiring ammunition under Federal or
10    State law.
11          (2)   The applicant shall be approved or denied within 30
12    days of the date of the submission of the application to the
13    department.
14          (3)   If the Pennsylvania State Police is unable to make a
15    determination under paragraph (2) within 30 days, the
16    Pennsylvania State Police shall issue the ammunition purchase
17    authorization permit.
18          (4)   The Pennsylvania State Police shall renew an
19    ammunition purchase authorization permit before its
20    expiration if the Pennsylvania State Police determines that
21    the holder is not prohibited from acquiring or possessing
22    ammunition under Federal or State law and pays the fee as
23    specified under subsection (g).
24    (e)   Revocation.--
25          (1)   An ammunition purchase authorization permit shall be
26    revoked by the Pennsylvania State Police if the holder of the
27    ammunition purchase authorization commits an act that would
28    have disqualified the holder from being issued the ammunition
29    purchase authorization permit under this section.
30          (2)   If an ammunition purchase authorization permit is

20250SB0669PN1276                  - 27 -
 1      revoked under paragraph (1), the Pennsylvania State Police
 2      shall, upon the written request of the holder and in a manner
 3      as prescribed by the Pennsylvania State Police, provide the
 4      holder with the reasons for the revocation and the process to
 5      appeal the revocation.
 6      (f)   List.--
 7            (1)   The Pennsylvania State Police shall create and
 8      maintain an internal centralized list of all persons who hold
 9      an ammunition purchase authorization permit.
10            (2)   The Pennsylvania State Police shall remove a person
11      from the list under paragraph (1) whose authorization has
12      been revoked by the Pennsylvania State Police under
13      subsection (e)(1).
14            (3)   The Pennsylvania State Police shall provide access
15      to the list under paragraph (1) to the following:
16                  (i)    Retailers that sell or otherwise seek the
17            transfer of ownership of ammunition.
18                  (ii)    Law enforcement agencies for purposes of
19            enforcing the law.
20      (g)   Fee.--
21            (1)   The Pennsylvania State Police may charge a fee not
22      to exceed $50 for the issuance or renewal of an ammunition
23      purchase authorization permit under this section. The fee
24      shall not be greater than the amount necessary to recover the
25      reasonable, estimated costs to administer this section.
26            (2)   The Pennsylvania State Police shall annually review
27      and may adjust the fee under paragraph (1) for inflation.
28      (h)   Fund established.--The Ammunition Safety and Enforcement
29   Fund is established within the State Treasury. Revenue collected
30   from the fee charged under subsection (g) shall be deposited

20250SB0669PN1276                       - 28 -
 1   into the Ammunition Safety and Enforcement Fund on a continuing
 2   basis for the purpose of administering this section.
 3      (i)    Identification.--The ammunition purchase authorization
 4   permit number shall be the same as the number on the document
 5   presented by the applicant as bona fide evidence of identity.
 6      (j)    Regulations.--The Pennsylvania State Police may
 7   promulgate regulations necessary to implement the provisions of
 8   this section.
 9   § 6121.2.   Transporting ammunition into this Commonwealth.
10      (a)    Prohibition.--A resident of this Commonwealth may not
11   transport ammunition into this Commonwealth if the resident
12   purchased or otherwise obtained the ammunition from outside of
13   this Commonwealth and the ammunition has not been delivered to a
14   licensed importer, licensed manufacturer or licensed dealer in
15   this Commonwealth for delivery to the resident in accordance
16   with section 6121.1 (relating to ammunition purchase
17   authorization permits).
18      (b)    Applicability.--This section shall not apply to a
19   licensed importer, licensed manufacturer, licensed dealer, law
20   enforcement agency or law enforcement officer or a grandparent,
21   spouse, sibling, child or grandchild of the transferor.
22      Section 7.   Sections 6123 and 6301(a)(2) of Title 18 are
23   amended to read:
24   § 6123.   Waiver of disability or pardons.
25      A waiver of disability from Federal authorities as provided
26   for in 18 U.S.C. § 925 (relating to exceptions; relief from
27   disabilities), a full pardon from the Governor or an overturning
28   of a conviction shall remove any corresponding disability under
29   this subchapter except the disability under section 6105
30   (relating to persons not to possess, use, manufacture, control,

20250SB0669PN1276                   - 29 -
 1   sell or transfer firearms and ammunition).
 2   § 6301.    Corruption of minors.
 3      (a)    Offense defined.--
 4             * * *
 5             (2)   Any person who knowingly aids, abets, entices or
 6      encourages a minor younger than 18 years of age to commit
 7      truancy commits a summary offense. Any person who violates
 8      this paragraph within one year of the date of a first
 9      conviction under this section commits a misdemeanor of the
10      third degree. A conviction under this paragraph shall not,
11      however, constitute a prohibition under section 6105
12      (relating to persons not to possess, use, manufacture,
13      control, sell or transfer firearms and ammunition).
14      * * *
15      Section 8.     The definition of "firearm" in section 6102(a) of
16   Title 23 is amended to read:
17   § 6102.    Definitions.
18      (a)    General rule.--The following words and phrases when used
19   in this chapter shall have the meanings given to them in this
20   section unless the context clearly indicates otherwise:
21      * * *
22      "Firearm."     Any weapon which is designed to or may readily be
23   converted to expel any projectile by the action of an explosive
24   or the frame or receiver of any such weapon as defined by 18
25   Pa.C.S. § 6105(i) (relating to persons not to possess, use,
26   manufacture, control, sell or transfer firearms and ammunition).
27      * * *
28      Section 9.     Sections 6107(a), 6108(a)(7)(ii), 6108.3(b)(3)(i)
29   (F) and (ii)(F) and 6119(b) of Title 23 are amended to read:
30   § 6107.    Hearings.

20250SB0669PN1276                     - 30 -
 1      (a)    General rule.--Within ten business days of the filing of
 2   a petition under this chapter, a hearing shall be held before
 3   the court, at which the plaintiff must prove the allegation of
 4   abuse by a preponderance of the evidence. The court shall, at
 5   the time the defendant is given notice of the hearing, advise
 6   the defendant of the right to be represented by counsel, of the
 7   right to present evidence, of the right to compel attendance of
 8   witnesses, of the method by which witnesses may be compelled, of
 9   the possibility that any firearm, other weapon or ammunition
10   owned and any firearm license possessed may be ordered
11   temporarily relinquished, of the options for relinquishment of a
12   firearm pursuant to this chapter, of the possibility that
13   Federal or State law may prohibit the possession of firearms,
14   including an explanation of 18 U.S.C. § 922(g)(8) (relating to
15   unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to
16   possess, use, manufacture, control, sell or transfer firearms
17   and ammunition), and that any protection order granted by a
18   court may be considered in any subsequent proceedings under this
19   title. This notice shall be printed and delivered in a manner
20   which easily attracts attention to its content and shall specify
21   that child custody is one of the proceedings where prior
22   protection orders may be considered.
23      * * *
24   § 6108.    Relief.
25      (a)    General rule.--Subject to subsection (a.1), the court
26   may grant any protection order or approve any consent agreement
27   to bring about a cessation of abuse of the plaintiff or minor
28   children. The order or agreement may include:
29             * * *
30             (7)     Prohibiting the defendant from acquiring or

20250SB0669PN1276                       - 31 -
 1    possessing any firearm for the duration of the order,
 2    ordering the defendant to temporarily relinquish to the
 3    sheriff or the appropriate law enforcement agency any
 4    firearms under the defendant's possession or control, and
 5    requiring the defendant to relinquish to the sheriff or the
 6    appropriate law enforcement agency any firearm license issued
 7    under section 6108.3 (relating to relinquishment to third
 8    party for safekeeping) or 18 Pa.C.S. § 6106 (relating to
 9    firearms not to be carried without a license) or 6109
10    (relating to licenses) the defendant may possess. The court
11    may also order the defendant to relinquish the defendant's
12    other weapons or ammunition that have been used or been
13    threatened to be used in an incident of abuse against the
14    plaintiff or the minor children. A copy of the court's order
15    shall be transmitted to the chief or head of the appropriate
16    law enforcement agency and to the sheriff of the county of
17    which the defendant is a resident. When relinquishment is
18    ordered, the following shall apply:
19             * * *
20             (ii)    The court's order shall contain a list of any
21        firearm, other weapon or ammunition ordered relinquished.
22        Upon the entry of a final order, the defendant shall
23        inform the court in what manner the defendant is going to
24        relinquish any firearm, other weapon or ammunition
25        ordered relinquished. Relinquishment may occur pursuant
26        to section 6108.2 (relating to relinquishment for
27        consignment sale, lawful transfer or safekeeping) or
28        6108.3 or to the sheriff or the appropriate law
29        enforcement agency pursuant to this paragraph. Where the
30        sheriff or the appropriate law enforcement agency is

20250SB0669PN1276                  - 32 -
 1            designated, the sheriff or the appropriate law
 2            enforcement agency shall secure custody of the
 3            defendant's firearms, other weapons or ammunition and any
 4            firearm license listed in the court's order for the
 5            duration of the order or until otherwise directed by
 6            court order. In securing custody of the defendant's
 7            relinquished firearms, the sheriff or the appropriate law
 8            enforcement agency shall comply with 18 Pa.C.S. § 6105(f)
 9            (4) (relating to persons not to possess, use,
10            manufacture, control, sell or transfer firearms and
11            ammunition). In securing custody of the defendant's other
12            weapons and ammunition, the sheriff or the appropriate
13            law enforcement agency shall provide the defendant with a
14            signed and dated written receipt which shall include a
15            detailed description of the other weapon or ammunition
16            and its condition. The court shall inform the defendant
17            that firearms, other weapons or ammunition shall be
18            deemed abandoned when the conditions under 18 Pa.C.S. §
19            6128(a) (relating to abandonment of firearms, weapons or
20            ammunition) are satisfied and may then be disposed of in
21            accordance with 18 Pa.C.S. § 6128.
22                  * * *
23   § 6108.3.      Relinquishment to third party for safekeeping.
24      * * *
25      (b)   Transfer to third party.--
26            * * *
27            (3)    (i)    A defendant wishing to relinquish firearms,
28            other weapons or ammunition to a third party pursuant to
29            subsection (a) shall, in the presence of the sheriff or
30            the sheriff's designee, execute an affidavit on a form

20250SB0669PN1276                       - 33 -
 1             prescribed by the Pennsylvania State Police which shall
 2             include, at a minimum, the following:


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