Pennsylvania HB 604: 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.

Bill Text

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
des