PRINTER'S NO. 546
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.357
Session of
2025
INTRODUCED BY DUSH, PHILLIPS-HILL, BARTOLOTTA, PENNYCUICK,
ROTHMAN, KEEFER, GEBHARD, BROOKS, HUTCHINSON, YAW, STEFANO,
ARGALL, J. WARD, COLEMAN AND LANGERHOLC, APRIL 4, 2025
REFERRED TO JUDICIARY, APRIL 4, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 34 (Game) of the Pennsylvania Consolidated
Statutes, in inchoate crimes, further providing for the
offense of possession of firearm or other dangerous weapon in
court facility; in firearms and other dangerous articles,
further providing for relinquishment of firearms and firearm
licenses by convicted persons, repealing provisions relating
to firearms not to be carried without a license and to
carrying loaded weapons other than firearms, providing for
license not required, further providing for prohibited
conduct during emergency, repealing provisions relating to
carrying firearms on public streets or public property in
Philadelphia, providing for sportsman's firearm permit and
further providing for licenses, for sale or transfer of
firearms, for antique firearms and for proof of license and
exception; in protection from abuse, further providing for
relief; in hunting and furtaking, further providing for
cooperation after lawfully killing big game; in protection of
property and persons, further providing for loaded firearms
in vehicles; and making editorial changes.
The General Assembly finds and declares as follows:
(1) The laws in existence regulating firearms licensing
are ineffectual in preventing crime and only interfere with
the natural rights of law-abiding citizens.
(2) It is necessary to codify the inherent right to the
carrying of firearms, whether openly or concealed, and that
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26 the right to self-defense is an inherent natural right that
shall not be questioned as stated in section 21 of Article I
of the Constitution of Pennsylvania.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 913(b)(3) and (e) and 6105.2(g)(1) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 913. Possession of firearm or other dangerous weapon in court
facility.
* * *
(b) Grading.--
* * *
(3) An offense under subsection (a)(1) is a summary
offense if the person is a peace officer as defined in
section 501 (relating to definitions) and was carrying a
firearm under section [ 6106(b) (relating to firearms not to
be carried without a license) or ] 6109 (relating to licenses)
and failed to check the firearm under subsection (e) prior to
entering the court facility.
* * *
(e) Facilities for checking firearms or other dangerous
weapons.--Each county shall make available at or within the
building containing a court facility by July 1, 2002, lockers or
similar facilities at no charge or cost for the temporary
checking of firearms by peace officers as defined in section 501
and persons carrying firearms under section [ 6106(b) or] 6109 or
for the checking of other dangerous weapons that are not
otherwise prohibited by law. Any individual checking a firearm,
dangerous weapon or an item deemed to be a dangerous weapon at a
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30 court facility must be issued a receipt. Notice of the location
of the facility shall be posted as required under subsection
(d).
* * *
§ 6105.2. Relinquishment of firearms and firearm licenses by
convicted persons.
* * *
(g) Relinquishment of licenses.--
(1) A person convicted of a crime resulting in a firearm
disability pursuant to section 6105(c)(9) shall also
relinquish to the sheriff any firearm license issued under
section [6106 (relating to firearms not to be carried without
a license) or] 6109 (relating to licenses) or 23 Pa.C.S. §
6108.3 (relating to relinquishment to third party for
safekeeping).
* * *
Section 2. Sections 6106 and 6106.1 of Title 18 are
repealed:
[§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
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30 of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
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30 (8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
for that firearm which has been issued under the laws of the
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30 United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(16) Any person holding a license in accordance with
section 6109(f)(3).
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30 (c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under
paragraph (b)(9) or (10) of this section to any person 18
years of age or older licensed to hunt, trap or fish or who
has been issued a permit relating to hunting dogs, such
person shall, at the time of securing his hunting, furtaking
or fishing license or any time after such license has been
issued, secure a sportsman's firearm permit from the county
treasurer. The sportsman's firearm permit shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for any legal
firearm, when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs. The sportsman's firearm permit shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
The original permit shall be delivered to the person, and the
first copy thereof, within seven days, shall be forwarded to
the Commissioner of the Pennsylvania State Police by the
county treasurer. The second copy shall be retained by the
county treasurer for a period of two years from the date of
expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which
shall include the cost of any official form. The Pennsylvania
State Police may recover from the county treasurer the cost
of any such form, but may not charge more than $1 for each
official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of that amount
fixed under this subsection commits a summary offense.
(d) Revocation of registration.--Any registration of a
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30 firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.
§ 6106.1. Carrying loaded weapons other than firearms.
(a) General rule.--Except as provided in Title 34 (relating
to game), no person shall carry a loaded pistol, revolver,
shotgun or rifle, other than a firearm as defined in section
6102 (relating to definitions), in any vehicle. The provisions
of this section shall not apply to persons excepted from the
requirement of a license to carry firearms under section 6106(b)
(1), (2), (5) or (6) (relating to firearms not to be carried
without a license) nor shall the provisions of this section be
construed to permit persons to carry firearms in a vehicle where
such conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this
section commits a summary offense. ]
Section 3. Title 18 is amended by adding a section to read:
§ 6106.2. License not required.
(a) Declaration.--Except when engaging in an activity
regulated by 34 Pa.C.S. (relating to game), every person present
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30 in this Commonwealth who is not prohibited from possessing
firearms under Federal law or the laws of this Commonwealth
shall have an affirmative, fundamental and constitutional right
to keep and bear firearms, including the right to carry openly
or concealed, carry loaded or unloaded, train with, transport,
possess, use, acquire, purchase, transfer, inherit, buy, sell,
give or otherwise dispose of or receive any firearm without a
license to carry a firearm of any kind from this Commonwealth or
any of its political subdivisions.
(b) Optional license.--Obtaining a license to carry a
firearm under this chapter shall be optional. The voluntary
nature of the license shall not be construed to require that any
person obtain a license to carry a firearm under this chapter.
(c) Firearm.--As used in this section only, the term
"firearm" shall include any weapon which is designed to or may
readily be converted to expel any projectile by the action of an
explosive or the frame or receiver of the weapon.
Section 4. Section 6107 of Title 18 is amended to read:
§ 6107. Prohibited conduct during emergency.
[(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).]
(b) Seizure, taking and confiscation.--[ Except as otherwise
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30 provided under subsection (a) and notwithstanding ]
Notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to
Commonwealth services) or any other provision of law to the
contrary, no firearm, accessory or ammunition may be seized,
taken or confiscated during an emergency unless the seizure,
taking or confiscation would be authorized absent the emergency.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." Any scope, sight, bipod, sling, light,
magazine, clip or other related item that is attached to or
necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any weapon.
Section 5. Section 6108 of Title 18 is repealed:
[§ 6108. Carrying firearms on public streets or public property
in Philadelphia.
No person shall carry a firearm, rifle or shotgun at any time
upon the public streets or upon any public property in a city of
the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section
6106(b) of this title (relating to firearms not to be carried
without a license).]
Section 6. Title 18 is amended by adding a section to read:
§ 6108.1. Sportsman's firearm permit.
(a) Purpose.--The purpose of this section is to allow a
person to carry a firearm for the purpose of self-defense while
the person is engaged in an activity regulated by 34 Pa.C.S.
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30 (relating to game).
(b) Permit allowed.--Any person 18 years of age or older who
has been issued a hunting license, trapping license or fishing
license or who has been issued a permit relating to hunting dogs
may, at the time of obtaining a hunting, trapping or fishing
license or any time after the license has been issued, obtain a
sportsman's firearm permit from the county treasurer.
(c) Issuance.--The sportsman's firearm permit shall be
issued immediately and shall be valid throughout this
Commonwealth for a period of five years from the date of issue
for any legal firearm when carried in conjunction with a valid
hunting, furtaking or fishing license or permit relating to
hunting dogs.
(d) Form.--The sportsman's firearm permit shall be in
triplicate on a form to be furnished by the Pennsylvania State
Police. The original permit shall be delivered to the person,
and a copy of the permit shall be forwarded to the Commissioner
of Pennsylvania State Police by the county treasurer within
seven days of the date of delivery. A copy of the permit shall
be retained by the county treasurer for a period of two years
from the date of expiration.
(e) Fee.--The county treasurer may collect a fee of not more
than $6 for each permit issued, which shall include the cost of
any official form. The Pennsylvania State Police may recover
from the county treasurer the cost of the form, but may not
charge more than $1 for each official permit form furnished to
the county treasurer.
(f) Offense.--A person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of the amount
determined under this section commits a summary offense.
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30 Section 7. Sections 6109(a), (b), (c), (d) heading,
introductory paragraph and (3), (e)(1) introductory paragraph,
(i), (v) and (vii), (3)(ii) and (4), (f)(2) and (4), (g), (h)(3)
and (4), (i.1) heading and (1), (j) and (m.1)(1) introductory
paragraph and (ii), (2), (3), (4), (7) and (9), 6111(f)(3),
6118(b) and 6122 of Title 18 are amended to read:
§ 6109. Licenses.
(a) Purpose of license.--[ A license to carry a firearm shall
be for the purpose of carrying a firearm concealed on or about
one's person or in a vehicle throughout this Commonwealth. ]
(1) Due to every person present in this Commonwealth
having a fundamental constitutional right to keep and bear
arms, obtaining a license under this section shall be
optional. Nothing in this section shall be construed to
require that a person must obtain a license under this
section in order to carry a concealed firearm.
(2) The voluntary nature of a license to carry a firearm
may not be construed to relieve the issuing authority of the
burden of proof for denying an application for a license.
(3) A license to carry a firearm shall be available to
those who wish to carry a firearm openly or concealed on or
about one's person or in a vehicle and shall be valid
throughout this Commonwealth.
(4) A license to carry a firearm shall provide a person
with the ability to carry a firearm in any state with which
the Commonwealth maintains a reciprocal agreement for the
mutual recognition of licenses to carry firearms.
(b) Place of application.--An individual who is 21 years of
age or older may apply to [ a sheriff] the proper issuing
authority for a license to carry a firearm [ concealed on or
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30 about his person or in a vehicle ] within this Commonwealth. If
the applicant is a resident of this Commonwealth, he shall make
application with the sheriff of the county in which he resides
or, if a resident of a city of the first class, with the chief
of police of that city. If the applicant is not a resident of
this Commonwealth, he shall make application with the proper
issuing authority of any county.
(c) Form of application and content.--The application and
process for a license to carry a firearm shall be uniform
throughout this Commonwealth and shall be on a form prescribed
by the Pennsylvania State Police. The form may contain
provisions, not exceeding one page, to assure compliance with
this section. Issuing authorities shall use only the application
form prescribed by the Pennsylvania State Police. One of the
following reasons for obtaining a firearm license shall be set
forth in the application: self-defense, employment, hunting and
fishing, target shooting, gun collecting or another proper
reason. The application form shall be dated and signed by the
applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me
from possessing or acquiring a firearm under Federal or
State law. I am of sound mind and have never been
involuntarily committed to a mental institution. In the
alternative my right to possess a firearm has been
legally restored. I hereby certify that the statements
contained herein are true and correct to the best of my
knowledge and belief. I understand that, if I knowingly
make any false statements herein, I am subject to
penalties prescribed by law. I authorize the [ sheriff, or
his designee, or, in the case of first class cities, the
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30 chief or head of the police department ] issuing
authority, or his designee, to inspect only those records
or documents relevant to information required for this
application. If I am issued a license and knowingly
become ineligible to legally possess or acquire firearms,
I will promptly notify the [ sheriff of the county in
which I reside or, if I reside in a city of the first
class, the chief of police of that city ] issuing
authority.
(d) [Sheriff to conduct] Pre-issuance investigation.--The
[sheriff] issuing authority to whom the application is made
shall:
* * *
[(3) investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety; ]
* * *
(e) Issuance of license.--
(1) A license to carry a firearm shall be [ for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, ] issued after
an investigation not to exceed [ 45] 14 calendar days, [it
appears that the applicant is an individual concerning whom
no] unless good cause exists to deny the license. A license
shall not be issued to any of the following:
[(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety. ]
* * *
(v) An individual who is not of sound mind or who
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30 has ever been involuntarily committed to a mental
institution[.], unless the involuntary commitment has
been expunged, vacated or granted relief from a
prohibition to possess a firearm.
* * *
[(vii) An individual who is a habitual drunkard. ]
* * *
(3) The license to carry a firearm shall be designed to
be uniform throughout this Commonwealth and shall be in a
form prescribed by the Pennsylvania State Police. The license
shall bear the following:
* * *
(ii) The signature of the [ sheriff] authority
issuing the license.
* * *
(4) The [sheriff] issuing authority shall require a
photograph of the licensee on the license. The photograph
shall be in a form compatible with the Commonwealth Photo
Imaging Network.
* * *
(f) Term of license.--
* * *
(2) At least 60 days prior to the expiration of each
license, the issuing [ sheriff] authority shall send to the
licensee an application for renewal of license. Failure to
receive a renewal application shall not relieve a licensee
from the responsibility to renew the license.
* * *
[(4) Possession of a license, together with a copy of
the person's military orders showing the dates of overseas
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30 deployment, including the date that the overseas deployment
ends, shall constitute, during the extension period specified
in paragraph (3), a defense to any charge filed pursuant to
section 6106 (relating to firearms not to be carried without
a license) or 6108 (relating to carrying firearms on public
streets or public property in Philadelphia). ]
(g) Grant or denial of license.--Upon the receipt of an
application for a license to carry a firearm, the [ sheriff]
issuing authority shall, within [45] 14 calendar days, issue or
refuse to issue a license on the basis of the investigation
under subsection (d) and the accuracy of the information
contained in the application. If the [ sheriff] issuing authority
refuses to issue a license, the [ sheriff] issuing authority
shall notify the applicant in writing of the refusal and the
specific reasons. The notice shall be sent by certified mail to
the applicant at the address set forth in the application.
(h) Fee.--
* * *
(3) An additional fee of $1 shall be paid by the
applicant for a license to carry a firearm and shall be
remitted by the [sheriff] issuing authority to the Firearms
License Validation System Account, which is hereby
established as a special restricted receipt account within
the General Fund of the State Treasury. The account shall be
used for purposes under subsection (l). Moneys credited to
the account and any investment income accrued are hereby
appropriated on a continuing basis to the Pennsylvania State
Police.
(4) No fee other than that provided by this subsection
or the Sheriff Fee Act may be assessed by the [ sheriff]
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30 issuing authority for the performance of any background check
made pursuant to this act.
* * *
(i.1) Notice to [sheriff] issuing authority.--
Notwithstanding any statute to the contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court shall notify the
[sheriff of the county in which that person resides ] issuing
authority, on a form developed by the Pennsylvania State
Police, of the identity of the person and the nature of the
crime or conduct which resulted in the notification. The
notification shall be transmitted by the judge within seven
days of the conviction or determination.
* * *
(j) Immunity.--[A sheriff] An issuing authority who complies
in good faith with this section shall be immune from liability
resulting or arising from the action or misconduct with a
firearm committed by any individual to whom a license to carry a
firearm has been issued.
* * *
(m.1) Temporary emergency licenses.--
(1) A person seeking a temporary emergency license to
carry a concealed firearm shall submit to the [ sheriff]
issuing authority of the county in which the person resides
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* * *
(ii) A sworn affidavit that contains the information
required on an application for a license to carry a
firearm and attesting that the person is 21 years of age
or older, is not prohibited from owning firearms under
section 6105 [(relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) ] or any
other Federal or State law and is not currently subject
to a protection from abuse order or a protection order
issued by a court of another state.
* * *
(2) Upon receipt of the items required under paragraph
(1), the [sheriff] issuing authority immediately shall
conduct a criminal history, juvenile delinquency and mental
health record check of the applicant pursuant to section
6105. Immediately upon receipt of the results of the records
check, the [sheriff] issuing authority shall review the
information and shall determine whether the applicant meets
the criteria set forth in this subsection. If the [ sheriff]
issuing authority determines that the applicant has met all
of the criteria, the [ sheriff] issuing authority shall
immediately issue the applicant a temporary emergency license
to carry a concealed firearm.
(3) If the [sheriff] issuing authority refuses to issue
a temporary emergency license, the [ sheriff] issuing
authority shall specify the grounds for the denial in a
written notice to the applicant. The applicant may appeal the
denial or challenge criminal records check results that were
the basis of the denial, if applicable, in the same manner as
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30 a denial of a license to carry a firearm under this section.
(4) A temporary emergency license issued under this
subsection shall be valid for [ 45] 14 days and may not be
renewed. A person who has been issued a temporary emergency
license under this subsection shall not be issued another
temporary emergency license unless at least five years have
expired since the issuance of the prior temporary emergency
license. During the [ 45] 14 days the temporary emergency
license is valid, the [ sheriff] issuing authority shall
conduct an additional investigation of the person for the
purposes of determining whether the person may be issued a
license pursuant to this section. If, during the course of
this investigation, the [ sheriff] issuing authority discovers
any information that would have prohibited the issuance of a
license pursuant to this section, the [ sheriff] issuing
authority shall be authorized to revoke the temporary
emergency license as provided in subsection (i).
* * *
(7) [A sheriff] An issuing authority who issues a
temporary emergency license to carry a firearm shall retain,
for the entire period during which the temporary emergency
license is in effect, the evidence of imminent danger that
the applicant submitted to the [ sheriff] issuing authority
that was the basis for the license, or a copy of the
evidence, as appropriate.
* * *
(9) Prior to the expiration of a temporary emergency
license, if the [sheriff] issuing authority has determined
pursuant to investigation that the person issued a temporary
emergency license is not disqualified and if the temporary
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(i), the [sheriff] issuing authority shall issue a license
pursuant to this section that is effective for the balance of
the five-year period from the date of the issuance of the
temporary emergency license. Records and all other
information, duties and obligations regarding such licenses
shall be applicable as otherwise provided in this section.
* * *
§ 6111. Sale or transfer of firearms.
* * *
(f) Application of section.--
* * *
(3) The provisions contained in subsection (a) shall not
apply to [any law enforcement officer ] a peace officer, as
defined in section 501 (relating to definitions) and
including an officer or employee of the United States duly
authorized to carry a concealed firearm, whose current
identification as a law enforcement officer shall be
construed as a valid license to carry a firearm or any person
who possesses a valid license to carry a firearm under
section 6109 (relating to licenses).
* * *
§ 6118. Antique firearms.
* * *
(b) Exception.--Subsection (a) shall not apply [ to the
extent that such antique firearms, reproductions or replicas of
firearms are concealed weapons as provided in section 6106
(relating to firearms not be carried without a license), nor
shall it apply] to the provisions of section 6105 (relating to
persons not to possess, use, manufacture, control, sell or
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replicas of firearms are suitable for use.
* * *
§ 6122. Proof of license and exception.
(a) General rule.--[ When] Except as provided in subsection
(b), when carrying a firearm [ concealed] as prohibited by 34
Pa.C.S. (relating to game) and only permissible with a license
issued under section 6108.1 (relating to sportsman's firearm
permit) on or about one's person or in a vehicle, an individual
licensed to carry a firearm shall, upon lawful demand of a law
enforcement officer, produce the license for inspection. Failure
to produce [such] the license either at the time of arrest or at
the preliminary hearing shall create a rebuttable presumption of
nonlicensure.
(b) Exception.--[An]
(1) Subject to paragraph (2), an individual carrying a
firearm on or about [ his] the individual's person or in a
vehicle and claiming an exception [ under section 6106(b)
(relating to firearms not to be carried without a license) ]
regarding a separate license for the firearm shall, upon
lawful demand of a law enforcement officer, produce
satisfactory evidence of qualification for exception.
(2) This subsection applies to the following:
(i) A constable, sheriff, prison or jail warden, or
a deputy of the constable, sheriff or prison or jail
wardens, a policeman of this Commonwealth or any of its
political subdivisions or any other law enforcement
officer.
(ii) A member of the Army, Navy, Marine Corps, Air
Force or Coast Guard of the United States or of the
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(iii) The regularly enrolled member of an
organization duly organized to purchase or receive
firearms from the United States or from this
Commonwealth.
(iv) A person engaged in target shooting with a
firearm, if the person is at or is going to or from the
place of assembly or target practice and if, while going
to or from the place of assembly or target practice, the
firearm is not loaded.
(v) An officer or employee of the United States duly
authorized to carry a concealed firearm.
(vi) An agent, messenger or other employee of a
common carrier, bank or business firm, whose duties
require the protection of money, valuables and other
property in the discharge of duties.
(vii) A person engaged in the business of
manufacturing, repairing or dealing in firearms, or the
agent or representative of the person, having in the
person's possession, using or carrying a firearm in the
usual or ordinary course of the business.
(viii) A person while carrying a firearm which is
not loaded and is in a secure wrapper from the place of
purchase to the person's home or place of business, or to
a place of repair, sale or appraisal or back to the
person's home or place of business, or in moving from one
place of abode or business to another or from the
person's home to a vacation or recreational home or
dwelling or back, or to recover stolen property under
section 6111.1(b)(4) (relating to Pennsylvania State
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30 Police), or to a place of instruction intended to teach
the safe handling, use or maintenance of firearms or back
or to a location to which the person has been directed to
relinquish firearms under 23 Pa.C.S. § 6108 (relating to
relief) or back upon return of the relinquished firearm
or to a licensed dealer's place of business for
relinquishment in accordance with 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping in
accordance with 23 Pa.C.S. § 6108.3 (relating to
relinquishment to third party for safekeeping) or back
upon return of the relinquished firearm.
(ix) A person licensed to hunt, take furbearers or
fish in this Commonwealth, if the person is actually
hunting, taking furbearers or fishing as permitted by the
license, or is going to the place where the person
desires to hunt, take furbearers or fish or returning
from the place.
(x) A person training dogs, if the person is
actually training dogs during the regular training
season.
(xi) A person while carrying a firearm in a vehicle,
which person possesses a valid and lawfully issued
license for that firearm which has been issued under the
laws of the United States or any other state.
(xii) A person who has a lawfully issued license to
carry a firearm in accordance with section 6109 and that
license expired within six months prior to the date of
arrest and that the individual is otherwise eligible for
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(xiii) A person who is otherwise eligible to possess
a firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the
name of a spouse or parent and which contains a firearm
for which a valid license has been issued in accordance
with section 6109 to the spouse or parent owning the
firearm.
(xiv) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(xv) A person who possesses a valid and lawfully
issued license or permit to carry a firearm which has
been issued under the laws of another state, regardless
of whether a reciprocity agreement exists between the
Commonwealth and the state under section 6109(k),
provided:
(A) The state provides a reciprocal privilege
for individuals licensed to carry firearms under
section 6109.
(B) The Attorney General has determined that the
firearm laws of the state are similar to the firearm
laws of this Commonwealth.
(xvi) A person holding a license in accordance with
section 6109(f)(3).
(3) As follows:
(i) For purposes of paragraph (2)(iii), (iv), (v),
(vii) and (viii), the term "firearm" includes a weapon
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a projectile by the action of an explosive or the frame
or receiver of the weapon.
(ii) For purposes of paragraph (2), the phrase
"place of instruction" includes a hunting club, rifle
club, rifle range, pistol range, shooting range, the
premises of a licensed firearms dealer or a lawful gun
show or meet.
Section 8. Section 6108(a)(7) introductory paragraph of
Title 23 is amended to read:
§ 6108. Relief.
(a) General rule.-- Subject to subsection (a.1), the court
may grant any protection order or approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
children. The order or agreement may include:
* * *
(7) Prohibiting the defendant from acquiring or
possessing any firearm for the duration of the order,
ordering the defendant to temporarily relinquish to the
sheriff or the appropriate law enforcement agency any
firearms under the defendant's possession or control, and
requiring the defendant to relinquish to the sheriff or the
appropriate law enforcement agency any firearm license issued
under section 6108.3 (relating to relinquishment to third
party for safekeeping) or 18 Pa.C.S. § [ 6106 (relating to
firearms not to be carried without a license) or ] 6108.1
(relating to sportsman's firearm permit) or 6109 (relating to
licenses the defendant may possess. The court may also order
the defendant to relinquish the defendant's other weapons or
ammunition that have been used or been threatened to be used
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30 in an incident of abuse against the plaintiff or the minor
children. A copy of the court's order shall be transmitted to
the chief or head of the appropriate law enforcement agency
and to the sheriff of the county of which the defendant is a
resident. When relinquishment is ordered, the following shall
apply:
* * *
Section 9. Sections 2325(a.1), 2503(b)(3) and 2525(a) of
Title 34 are amended to read:
§ 2325. Cooperation after lawfully killing big game.
* * *
(a.1) Exception.--Nothing in this section shall prohibit any
person from carrying a loaded handgun in the field provided that
person is in compliance with 18 Pa.C.S. § [ 6109 (relating to
licenses)] 6108.1 (relating to sportsman's firearm permit) .
* * *
§ 2503. Loaded firearms in vehicles.
* * *
(b) Exceptions.--This section shall not be construed to
apply to:
* * *
(3) A person carrying a loaded pistol or revolver when
in possession of a valid firearms license issued by the chief
or head of any police force or the sheriff of a county when
the license is issued for protection under 18 Pa.C.S. Ch. 61
Subch. A (relating to Uniform Firearms Act) or issued under
18 Pa.C.S. § 6108.1 (relating to sportsman's firearm permit) .
* * *
§ 2525. Possession of firearm for protection of self or others.
(a) General rule.--It is lawful for a law enforcement
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firearm issued under 18 Pa.C.S. § [6109 (relating to licenses) ]
6108.1 (relating to sportsman's firearm permit) to be in
possession of a loaded or unloaded firearm while engaged in any
activity regulated by this title.
* * *
Section 10. This act shall take effect in 60 days.
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