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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 apply to transfers between spouses or to transfers between a 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 20250HB0604PN0612 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0604PN0612 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 20250HB0604PN0612 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. 20250HB0604PN0612 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20