PRIOR PRINTER'S NO. 1914
PRINTER'S NO. 2306
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1629
Session of
2023
INTRODUCED BY BRIGGS, FRANKEL, SCHLOSSBERG, KINSEY, STURLA,
ISAACSON, SANCHEZ, MADDEN, KINKEAD, HANBIDGE, PROBST, PIELLI,
DELLOSO, CIRESI, SAPPEY, PARKER, FREEMAN, N. NELSON, HOWARD,
CERRATO, MALAGARI, KHAN, VENKAT, SALISBURY, MADSEN, DALEY,
PASHINSKI, GALLOWAY, VITALI, WARREN, GREEN, BOYD, GUENST,
DONAHUE, McNEILL, SCHWEYER, BRENNAN, OTTEN, BOROWSKI,
SHUSTERMAN, T. DAVIS, CEPHAS, McCLINTON, A. BROWN, ABNEY,
O'MARA, STEELE, BELLMON, FIEDLER, FRIEL, WEBSTER, KAZEEM,
HOHENSTEIN, BULLOCK AND KIM, AUGUST 29, 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 minors, providing for the offense
of access to firearms by minors; and imposing penalties.
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:
§ 6302.1. Access to firearms by minors.
(a) Storage requirements.--A person who stores or leaves a
firearm on premises under the person's control and who knows or
reasonably should know that a minor is likely to gain access to
the firearm without the lawful permission of the minor's parent
or the person having charge of the minor shall keep the firearm
in a securely locked box or container or in a location which a
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reasonable person would believe to be secure.
(b) Grading.--
(1) A violation of subsection (a) that results in a
minor in possession of the firearm constitutes a:
(i) Summary offense with no term of imprisonment
when the offense is a first offense.
(ii) Misdemeanor of the third degree when the
offense is a second or subsequent offense.
(2) A violation of subsection (a) that results in the
firearm being used in the commission of a crime or used in an
event that results in death or grievous injury constitutes a
felony of the third degree.
(B) GRADING.--A VIOLATION OF SUBSECTION (A) THAT RESULTS IN
A MINOR IN POSSESSION OF THE FIREARM CONSTITUTES:
(1) A SUMMARY OFFENSE WITH NO TERM OF IMPRISONMENT WHEN
THE OFFENSE IS A FIRST OFFENSE.
(2) A MISDEMEANOR OF THE THIRD DEGREE WHEN THE OFFENSE
WAS COMMITTED AFTER THE PERSON WAS SENTENCED FOR A PRIOR
OFFENSE UNDER THIS SECTION.
(c) Defense.--It shall be a defense to a prosecution under
this section if any of the following apply:
(1) The firearm is stored or left in a securely locked
box or container or in a location which a person would
reasonably believe to be secure.
(2) The minor obtains the firearm as a result of an
unlawful entry by any person.
(3) The minor's possession of the firearm is incidental
to the performance of official duties of the United States
Armed Forces, the Pennsylvania National Guard or the
personnel of any Federal, State or local law enforcement
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agency.
(4) The minor's possession of the firearm is under adult
supervision while engaged in hunting, sporting or other
lawful purposes.
(5) The firearm is carried on the body of the owner or
is within such close proximity to the body that the owner can
retrieve and use as easily and quickly as if the owner
carried it on the owner's body.
(d) Notice by retailer.--
(1) A person who offers for sale at retail a firearm
shall post in a conspicuous place the following notice:
It is unlawful to store or leave a firearm in any
place within the reach or easy access of a minor.
Should a minor be found in possession of a firearm,
the owner may be charged with a summary offense when
the offense is a first offense and a misdemeanor of
the third degree when the offense is a second or
subsequent offense. Should the firearm be used in the
commission of a crime or used in any event that
results in death or grievous injury, the owner may be
charged with a felony of the third degree.
(2) A violation of this subsection constitutes a
misdemeanor of the third degree.
(e) Fingerprinting.--
(1) Prior to the commencement of trial or entry of a
plea of a defendant of a summary offense under subsection (b)
(1)(i), the issuing authority shall order the defendant to
submit within five days of the order to fingerprinting by the
municipal police of the jurisdiction in which the offense
allegedly was committed or the Pennsylvania State Police.
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(2) Fingerprints shall be forwarded immediately to the
Pennsylvania State Police for determination as to whether or
not the defendant previously has been convicted of a
violation of subsection (a). The results of the determination
shall be transmitted to the police department obtaining the
fingerprints if the department is the prosecutor or to the
issuing authority if the prosecutor is other than a police
officer.
(3) The issuing authority may not proceed with the trial
or plea in summary until the issuing authority is in receipt
of the determination made by the Pennsylvania State Police.
The issuing authority shall use the information obtained
solely for the purpose of grading the offense under
subsection (b).
Section 2. This act shall take effect in 60 days.
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