Pennsylvania SB 768: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, providing for safe storage of firearm when residing with a person not to possess a firearm; and imposing penalties.

Bill Text

PRINTER'S NO. 827
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 768
Session of
2025
INTRODUCED BY SANTARSIERO, CAPPELLETTI, COLLETT, STREET,
SCHWANK, KEARNEY, FONTANA, COMITTA, HAYWOOD, SAVAL, COSTA,
TARTAGLIONE, KANE, KIM, MUTH AND L. WILLIAMS, MAY 22, 2025
REFERRED TO JUDICIARY, MAY 22, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for safe storage of firearm when residing
with a person not to possess a firearm; 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:
§ 6143. Safe storage of firearm when residing with a person not
to possess a firearm.
(a) Storage requirements.--A person who owns a firearm and
resides with a person who cannot legally possess a firearm shall
secure the firearm:
(1) with a device that, if installed on a firearm and
secured by means of a key or a mechanical, electronic or
electromechanical combination lock, prevents the firearm from
being discharged without first deactivating or removing the
device;
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(2) with a locking mechanism incorporated into the
design of the firearm that prevents discharge of the firearm
by an individual who does not have access to the key or other
device designed to unlock the mechanism; or
(3) in a securely locked box or container or a location
that a reasonable person would believe to be secure.
(b) Exception.--Subsection (a) shall not apply if a person
carries a firearm:
(1) on the person's body; or
(2) within close enough proximity to the person's body
that the person is able to retrieve and use the firearm as if
the firearm were on the person's body.
(c) Penalties.--A person who violates subsection (a)
commits:
(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
is a second or subsequent offense.
(3) A felony of the third degree if:
(i) a person who cannot legally possess a firearm
takes possession of the firearm; and
(ii) the firearm is used in the commission of a
crime or used in an event that results in the injury or
death of another person.
(d) Defenses.--It shall be a defense to prosecution under
this section if any of the following apply:
(1) The firearm was secured in a manner described under
subsection (a).
(2) The firearm was obtained as a result of an unlawful
entry by any person.
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(3) An injury resulted from a target or sport shooting
accident or hunting accident.
(4) Possession of the firearm is incidental to the
performance of the official duties of the United States Armed
Forces, the Pennsylvania National Guard or the personnel of a
Federal, State or local law enforcement agency.
Section 2. This act shall take effect in 60 days.
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