PRIOR PRINTER'S NO. 928
PRINTER'S NO. 2305
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
941
Session of
2023
INTRODUCED BY PARKER, SANCHEZ, GIRAL, HOHENSTEIN, MADDEN,
KINKEAD AND GREEN, APRIL 17, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 14, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, AMENDING TITLE 42 (JUDICIARY AND JUDICIAL
PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, IN
PARTICULAR RIGHTS AND IMMUNITIES, providing for parental
firearm liability for minor's negligence or willful
misconduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6129. Parental firearm liability for minor's negligence or
willful misconduct.
If a parent, guardian or other individual legally responsible
for a minor under 18 years of age permits the minor to use or
possess a firearm, any negligence or willful misconduct of the
minor in connection with the use or possession of the firearm
shall be imputed to the individual who permits the use or
possession for all purposes of criminal penalties and civil
damages, and, notwithstanding any other provision of law, that
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person is jointly and severally liable with the minor for any
and all damages caused by the negligence or willful misconduct,
if the parent, guardian or other individual legally responsible
for the minor:
(1) knows that the minor has previously been adjudicated
delinquent or has been convicted of a criminal offense;
(2) knows that the minor has a propensity to commit
violent acts; or
(3) has reason to know that the minor intends to use the
firearm for unlawful purposes.
SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 8328. PARENTAL FIREARM LIABILITY FOR MINOR'S NEGLIGENCE OR
WILLFUL MISCONDUCT.
IF A PARENT, GUARDIAN OR OTHER INDIVIDUAL LEGALLY RESPONSIBLE
FOR A MINOR UNDER 18 YEARS OF AGE PERMITS THE MINOR TO USE OR
POSSESS A FIREARM, NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THAT PERSON IS JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL
DAMAGES CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE
MINOR IN CONNECTION WITH THE USE OR POSSESSION OF THE FIREARM IF
THE PARENT, GUARDIAN OR OTHER INDIVIDUAL LEGALLY RESPONSIBLE FOR
THE MINOR KNOWS OR HAS REASON TO KNOW THAT THE MINOR:
(1) HAS A PROPENSITY TO COMMIT UNLAWFUL VIOLENT ACTS;
(2) INTENDS TO USE THE FIREARM FOR UNLAWFUL PURPOSES; OR
(3) INTENDS TO DELIVER THE FIREARM TO A PERSON WHO
CANNOT LEGALLY POSSESS A FIREARM.
Section 2. This act shall take effect in 60 days.
20230HB0941PN2305 - 2 -
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