Pennsylvania HB 1859: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms and for abandonment of firearms, weapons or ammunition; in community and municipal courts, further providing for masters; adding provisions relating to extreme risk protection orders; imposing duties on the Office of Attorney General; and imposing penalties.

Bill Text

PRINTER'S NO. 2302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1859
Session of
2025
INTRODUCED BY O'MARA, SAPPEY, NEILSON, VENKAT, SAMUELSON,
WEBSTER, PIELLI, SANCHEZ, KINKEAD, HANBIDGE, HOWARD, HILL-
EVANS, CIRESI, BOROWSKI, GUENST, ISAACSON, DONAHUE,
SCHLOSSBERG, BRENNAN, FRANKEL, HOHENSTEIN, KHAN, FIEDLER,
FREEMAN, WARREN, DELLOSO, CEPEDA-FREYTIZ, FLEMING,
D. WILLIAMS, OTTEN, CERRATO, GREEN, CURRY AND WAXMAN,
SEPTEMBER 10, 2025
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 11, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in firearms and other dangerous articles, further
providing for persons not to possess, use, manufacture,
control, sell or transfer firearms and for abandonment of
firearms, weapons or ammunition; in community and municipal
courts, further providing for masters; adding provisions
relating to extreme risk protection orders; imposing duties
on the Office of Attorney General; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(a)(2)(ii), (a.1)(3) and (5), (c)(10)
and (f)(4)(i) of Title 18 of the Pennsylvania Consolidated
Statutes are amended and subsections (a.1) and (c) are amended
by adding paragraphs to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
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(2) * * *
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)(6)
or (10).
* * *
(a.1) Penalty.--
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(2.1) A person who is the subject of an extreme risk
protection order issued under 42 Pa.C.S. Ch. 64A (relating to
extreme risk protection orders) commits a misdemeanor of the
second degree if he intentionally or knowingly fails to
relinquish a firearm or firearms license as required by the
order.
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
another person he knows is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108 or an active protection from abuse order issued
pursuant to 23 Pa.C.S. § 6107(b), which order provided
for the relinquishment of the firearm, other weapon or
ammunition during the period of time the order is in
effect[.], or intentionally or knowingly accepts
possession of a firearm or firearms license from a person
he knows is the subject of an extreme risk protection
order issued under 42 Pa.C.S. Ch. 64A.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
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(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2 or 42 Pa.C.S. Ch. 64A.
* * *
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 or
who possesses a firearm or firearms license under 42 Pa.C.S.
Ch. 64A commits a misdemeanor of the [first] second degree if
he intentionally or knowingly returns a firearm, other weapon
or ammunition to a defendant or respondent or intentionally
or knowingly allows a defendant or respondent to have access
to the firearm, other weapon or ammunition prior to [either]
any of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
(iii) The expiration of an extreme risk protection
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order or the issuance of a court order that terminates an
extreme risk protection order under 42 Pa.C.S. Ch. 64A.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
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(10) A person who has been convicted of an offense under
subsection [(a.1)(2)] (a.1)(2.1) or (5). The prohibition
shall terminate five years after the date of conviction,
final release from confi