Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB604 Latest Draft

Bill / Introduced Version

                             
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
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.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Sections 6111(c) and 6111.1(b)(4) of Title 18 of 
the Pennsylvania Consolidated Statutes are amended to read:
§ 6111.  Sale or transfer of firearms.
* * *
(c)  Duty of other persons.--Any person who is not a licensed 
importer, manufacturer or dealer and who desires to sell or 
transfer a firearm to another unlicensed person shall do so only 
upon the place of business of a licensed importer, manufacturer, 
dealer or county sheriff's office, the latter of whom shall 
follow the procedure set forth in this section as if he were the 
seller of the firearm. The provisions of this section shall not 
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parent and child or to transfers between grandparent and 
grandchild. Nothing in this subsection may be construed to 
authorize the Pennsylvania State Police or any local law 
enforcement agency to sell or transfer any confiscated firearm 
in the possession of the Pennsylvania State Police or local law 
enforcement agency.
* * *
§ 6111.1.  Pennsylvania State Police.
* * *
(b)  Duty of Pennsylvania State Police.--
* * *
(4)  The Pennsylvania State Police and any local law 
enforcement agency shall make all reasonable efforts to 
determine the lawful owner of any firearm confiscated or 
recovered by the Pennsylvania State Police or any local law 
enforcement agency and return said firearm to its lawful 
owner if the owner is not otherwise prohibited from 
possessing the firearm. If the reasonable efforts of the 
Pennsylvania State Police or local law enforcement agency 
fail to identify the lawful owner of the confiscated or 
recovered firearm within 120 days after the Pennsylvania 
State Police or local law enforcement agency comes into 
possession of the firearm, or if the lawful owner of the 
firearm is identified but otherwise prohibited from 
possessing the firearm, the Pennsylvania State Police or 
local law enforcement agency shall destroy the firearm under 
section 6117.1 (relating to destruction of confiscated or 
recovered firearms). When a court of law has determined that 
the Pennsylvania State Police or any local law enforcement 
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30 agency have failed to exercise the duty under this 
subsection, reasonable attorney fees shall be awarded to any 
lawful owner of said firearm who has sought judicial 
enforcement of this subsection.
* * *
Section 2.  Section 6117 of Title 18 is amended by adding a 
subsection to read:
§ 6117.  Altering or obliterating marks of identification.
* * *
(e)  Nonapplicability.--This section shall not apply to a 
firearm destroyed under section 6117.1 (relating to destruction 
of confiscated or recovered firearms).
Section 3.  Title 18 is amended by adding a section to read:
§ 6117.1.  Destruction of confiscated or recovered firearms.
(a)  General rule.--Except as provided under subsection (b), 
the Pennsylvania State Police and any local law enforcement 
agency shall destroy all confiscated or recovered firearms in 
the possession of the Pennsylvania State Police or local law 
enforcement agency if the reasonable efforts of the Pennsylvania 
State Police or local law enforcement agency required under 
section 6111.1(b)(4) (relating to Pennsylvania State Police) 
fail to identify the lawful owner of the firearm or if the 
lawful owner of the firearm is identified but otherwise 
prohibited from possessing the firearm.
(b)  Exception.--No confiscated or recovered firearm may be 
destroyed under this section if the firearm is evidence in an 
ongoing investigation or in a criminal prosecution or civil 
litigation. Confiscated or recovered firearms under this section 
may only be destroyed when the investigation is complete or a 
court of competent jurisdiction issues an order authorizing the 
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30 destruction of the firearm.
(c)  Method of destruction.--Confiscated or recovered 
firearms subject to destruction under this section shall be 
melted at smelting plants located within this Commonwealth.
(d)  Procedure prior to destruction.--The following shall 
apply to confiscated or recovered firearms subject to 
destruction under this section:
(1)  The Pennsylvania State Police or local law 
enforcement agency shall place all firearms in sealed 
containers and in a secure environment with access limited to 
individuals directly responsible for maintaining the official 
registry under paragraph (2).
(2)  The Pennsylvania State Police or local law 
enforcement agency shall establish a registry for purposes of 
cataloging all confiscated or recovered firearms in the 
possession of the Pennsylvania State Police or local law 
enforcement agency. The Pennsylvania State Police and each 
local law enforcement agency shall designate one or more 
individuals who shall be responsible for maintaining the 
registry.
(3)  A firearm shall be individually cataloged in the 
official registry required under paragraph (2). The registry 
shall contain the following information relating to the 
firearm:
(i)  The serial number of the firearm.
(ii)  The make and model of the firearm.
(iii)  The date the firearm came into the possession 
of the Pennsylvania State Police or local law enforcement 
agency.
(iv)  The earliest date on which the firearm can be 
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30 destroyed under this section.
(v)  The date the lawful owner of the confiscated 
firearm was identified and the date the firearm was 
returned to the lawful owner, if applicable.
(vi)  The date the firearm was destroyed.
(4)  Firearms subject to destruction under this section 
shall be transported in sealed containers.
(e)  Time period for destruction.--Except as otherwise 
provided in this section, firearms subject to destruction under 
this section shall be destroyed as promptly as possible but no 
less than quarterly. The Pennsylvania State Police or local law 
enforcement agency may maintain confiscated or recovered 
firearms in the possession of the Pennsylvania State Police or 
local law enforcement agency until accumulating a sufficient 
number of firearms to defray the costs associated with this 
section, provided that each firearm subject to destruction under 
this section shall be destroyed no later than 180 days after the 
firearm comes into the possession of the Pennsylvania State 
Police or local law enforcement agency.
Section 4.  This act shall take effect in 60 days.
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