SB 501 — An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) 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 providing for relinquishment of firearms and firearm licenses by convicted persons and for abandonment of firearms, weapons or ammunition; in criminal history record information, further providing for order for limited access; and, in protection from abuse, further providing for definitions, for commencement of proceedings, for hearings, for relief, for return of relinquished firearms, other weapons and ammunition and additional relief, for relinquishment for consignment sale, lawful transfer or safekeeping and for relinquishment to third party for safekeeping.

(v) An acknowledgment that the firearms will not be returned to the person, unless the person is no longer prohibited from possessing a firearm under Federal or State law,law. OR SOLD OR TRANSFERRED TO A PERSON THE DEALER <-- KNOWS IS A MEMBER OF THE DEFENDANT'S HOUSEHOLD.

20170SB0501PN1551 - 8 - (4) A ANY person relinquishing a firearm pursuant to <-- this subsection shall, within the specified time frame, provide to the appropriate law enforcement agency OR THE <-- SHERIFF'S OFFICE, OR BOTH, the affidavit required by this subsection and relinquish to the law enforcement agency any firearm ordered to be relinquished that is not specified in the affidavit.

(d) Notice of noncompliance.-- (1) If the person fails to relinquish a ANY firearm <-- within 24 48 hours or within the time ordered by the court <-- upon cause being shown, the law enforcement agency shall, at a minimum, provide immediate notice to the court, the victim, the prosecutor and the sheriff.

(e) Alternate relinquishment to dealer.-- 20170SB0501PN0604 - 8 - (1) If the person relinquishes firearms to the appropriate law enforcement agency pursuant to subsection (b), the person may request that the appropriate law enforcement agency make one transfer of any such firearm to a dealer licensed pursuant to section 6113 within six months of relinquishment.

(3) The appropriate law enforcement agency shall make the transfer, if the person complies with this subsection, and may charge the person for any costs associated with 20170SB0501PN1551 - 9 - making the transfer.

(g) Relinquishment of licenses.-- (1) A person described in this section CONVICTED OF A <-- CRIME RESULTING IN A FIREARM DISABILITY PURSUANT TO SECTION 6105(C)(9) shall also relinquish to the appropriate law <-- enforcement agency SHERIFF any firearm license issued under <-- section 6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) that the person <--possesses. possesses OR 23 PA.C.S.

§ 6108.3 (RELATING TO RELINQUISHMENT <-- TO THIRD PARTY FOR SAFEKEEPING).

Sections 6106(b)(8) and 6115(b)(4) of Title 18 <--20170SB0501PN0604 - 9 - are amended to read:

* * * (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, 20170SB0501PN1551 - 10 - 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.

* * * (b) Exception.-- 20170SB0501PN0604 - 10 - * * * [(4) Nothing in this section shall prohibit the relinquishment of firearms to a third party in accordance with 23 Pa.C.S.

§ 6108.3 (relating to relinquishment to third party for safekeeping).] (H)Section PENALTY.--A4. PERSON CONVICTED OF A CRIME RESULTING IN A <-- FIREARM DISABILITY PURSUANT TO SECTION 6105(C)(9) COMMITS A MISDEMEANOR OF THE SECOND DEGREE IF THE PERSON INTENTIONALLY OR KNOWINGLY FAILS TO RELINQUISH A FIREARM OR OTHER WEAPON OR 20170SB0501PN1551 - 11 - AMMUNITION TO AN APPROPRIATE LAW ENFORCEMENT AGENCY OR A DEALER IN ACCORDANCE WITH THIS SECTION.

(I)The DEFINITION.--ASdefinitions USEDof IN"domestic THISviolence SECTION,counselor/advocate" THEand TERM"safekeeping "FIREARM"permit" MEANSin ANYsection WEAPON6102(a) WHICHof ISTitle DESIGNED23 TOare ORamended MAYand READILYthe BEsubsection CONVERTEDis TOamended EXPELby ANYadding PROJECTILEa BYdefinition THEto ACTIONread: OF AN EXPLOSIVE OR THE FRAME OR RECEIVER OF ANY SUCH WEAPON.

§ 6128.6102.

ABANDONMENT OF FIREARMS, WEAPONS OR AMMUNITION.

(A) GENERAL RULE.--FIREARMS, WEAPONS OR AMMUNITION WHICH ARE ITEMIZED ON A LIST REQUIRED UNDER 23 PA.C.S.

§ 6108(A)(7)(V) (RELATING TO RELIEF) OR THE POSSESSION OR ACQUISITION OF WHICH IS PROHIBITED UNDER 18 U.S.C.

§ 922(G)(9) (RELATING TO UNLAWFUL ACTS) AND RELINQUISHED INTO OR OTHERWISE COMING INTO THE CUSTODY OF A POLICE DEPARTMENT, CORONER, MEDICAL EXAMINER, DISTRICT ATTORNEY, SHERIFF OR LICENSED DEALER SHALL BE DEEMED ABANDONED WHEN:

(1) RELINQUISHED BY ITS LAWFUL OWNER PURSUANT TO COURT ORDER OR EXECUTED WARRANT AND NO WRITTEN REQUEST TO RETURN OR OTHERWISE DISPOSE OF THE FIREARMS, WEAPONS OR AMMUNITION IS MADE BY THE LAWFUL OWNER OR THE LAWFUL OWNER'S ATTORNEY OR DULY APPOINTED REPRESENTATIVE AFTER A PERIOD OF ONE YEAR FROM THE DATE AN ORDER OF RELINQUISHMENT OR SEIZURE HAS EXPIRED.

(2) FOUND, DISCOVERED OR OTHERWISE PASSED INTO THE CUSTODY OF THE POLICE DEPARTMENT, CORONER, MEDICAL EXAMINER, DISTRICT ATTORNEY, SHERIFF OR LICENSED DEALER AND NO OWNER CAN BE DETERMINED AFTER A DOCUMENTED SEARCH OF THE DATABASE OF FIREARMS SALES MAINTAINED BY THE PENNSYLVANIA STATE POLICE IS MADE AT THE TIME THE FIREARMS COME INTO THE CUSTODY OF THE POLICE DEPARTMENT, CORONER, MEDICAL EXAMINER, DISTRICT ATTORNEY, SHERIFF OR LICENSED DEALER AND IS AGAIN MADE ONE YEAR FROM THE DATE OF THE FIRST DOCUMENTED SEARCH.

20170SB0501PN1551 - 12 - (B) METHODS OF DISPOSAL.--IF FIREARMS, WEAPONS OR AMMUNITION ARE DEEMED ABANDONED UNDER SUBSECTION (A), THE CUSTODIAN MAY DISPOSE OF THE FIREARMS, WEAPONS OR AMMUNITION BY:

(1) ARRANGING FOR THE SALE OF THE FIREARMS, WEAPONS OR AMMUNITION TO A FEDERALLY LICENSED FIREARMS DEALER BY SEALED BID WITH PROCEEDS OF THE SALE TO BE RETAINED BY THE CUSTODIAN.

(2) ARRANGING FOR THE LAWFUL AND COMPLETE DESTRUCTION OF THE FIREARMS, WEAPONS OR AMMUNITION.

FIREARMS, WEAPONS OR AMMUNITION THAT CANNOT LAWFULLY BE SOLD TO A FEDERALLY LICENSED FIREARMS DEALER IN THIS COMMONWEALTH SHALL BE DESTROYED.

(C) LIMITATION.--A CUSTODIAN MAY NOT DISPOSE OF FIREARMS, WEAPONS OR AMMUNITION DEEMED ABANDONED UNDER SUBSECTION (A)(1) WITHOUT FIRST NOTIFYING THE PERSON WHO RELINQUISHED THE FIREARMS, WEAPONS OR AMMUNITION.

IF THE PERSON WHO RELINQUISHED THE FIREARMS, WEAPONS OR AMMUNITION FAILS TO RESPOND WITHIN 20 DAYS TO THE NOTICE, THE CUSTODIAN MAY PROCEED WITH DISPOSAL OF THE FIREARMS, WEAPONS OR AMMUNITION.

NOTIFICATION SHALL BE BY CERTIFIED MAIL TO:

(1) AN ADDRESS WHERE THE PERSON RELINQUISHING THE FIREARMS, WEAPONS OR AMMUNITION IS NOW KNOWN BY THE CUSTODIAN TO RESIDE;

(2) THE LAST KNOWN ADDRESS OF THE PERSON RELINQUISHING THE FIREARMS, WEAPONS OR AMMUNITION;

(3) THE ADDRESS OF THE PERSON RELINQUISHING THE FIREARMS, WEAPONS OR AMMUNITION WHICH WAS PROVIDED AT THE TIME OF RELINQUISHMENT;

OR (4) THE ADDRESS OF THE PERSON RELINQUISHING THE FIREARMS, WEAPONS OR AMMUNITION WHICH IS FOUND AFTER 20170SB0501PN1551 - 13 - SEARCHING THE AVAILABLE SOURCES OF ADDRESS DATA MAINTAINED IN THE COMMONWEALTH'S DATABASES OF MOTOR VEHICLE REGISTRATION, MOTOR VEHICLE DRIVER LICENSING, OCCUPATIONAL AND PROFESSIONAL LICENSURE, CORRECTIONS FACILITIES AND PUBLIC ASSISTANCE.

(D) ILLEGAL SEIZURE.--A CUSTODIAN WHO SELLS OR DESTROYS SEIZED FIREARMS, WEAPONS OR AMMUNITION WITH PENDING OR UNRESOLVED EVIDENTIARY CHALLENGES TO THE LEGALITY OF THE SEIZURE SHALL BE LIABLE TO THE LAWFUL OWNER OF THE ILLEGALLY SEIZED FIREARMS, WEAPONS OR AMMUNITION FOR THE ACTUAL VALUE OF THE ILLEGALLY SEIZED FIREARMS, WEAPONS OR AMMUNITION PLUS REASONABLE ATTORNEY FEES.

ACTUAL VALUE SHALL BE DETERMINED BY THE OWNER, WHO SHALL BE REQUIRED TO OBTAIN AN ESTIMATE OF VALUE FROM A PRIVATE THIRD-PARTY LICENSED FIREARMS DEALER.

(E) PUBLIC INSPECTION.--A PORTION OF AN ORDER OR PETITION OR OTHER PAPER WHICH INCLUDES A LIST OF FIREARMS OR OTHER WEAPONS OR AMMUNITION IN POSSESSION OF A CUSTODIAN UNDER THIS SECTION SHALL BE WITHHELD FROM PUBLIC INSPECTION EXCEPT:

(1) UPON AN ORDER OF A COURT GRANTED UPON CAUSE SHOWN;

(2) AS NECESSARY, BY LAW ENFORCEMENT AND COURT PERSONNEL;

OR (3) AFTER REDACTION OF INFORMATION LISTING FIREARMS, OTHER WEAPONS OR AMMUNITION.

(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"CUSTODIAN." A POLICE DEPARTMENT, CORONER, MEDICAL EXAMINER, DISTRICT ATTORNEY, SHERIFF OR LICENSED DEALER INTO WHOSE CUSTODY FIREARMS, WEAPONS OR AMMUNITION HAS PASSED.

"FIREARM." ANY WEAPON WHICH IS DESIGNED TO OR MAY READILY BE CONVERTED TO EXPEL ANY PROJECTILE BY THE ACTION OF AN EXPLOSIVE 20170SB0501PN1551 - 14 - OR THE FRAME OR RECEIVER OF ANY SUCH WEAPON.

SECTION 3.

SECTION 9122.1(A) OF TITLE 18 IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 9122.1.

ORDER FOR LIMITED ACCESS.

(A) GENERAL RULE.--THE FOLLOWING SHALL APPLY:

* * * (1.1) AN INDIVIDUAL SUBJECT FOR THE FIRST TIME TO THE ENTRY OF A FINAL PROTECTION FROM ABUSE ORDER PURSUANT TO 23 PA.C.S.

§ 6108(A) (RELATING TO RELIEF), WHO CONSENTED TO THE ENTRY OF THE ORDER BY STIPULATION, SHALL, UPON PETITION, BE ELIGIBLE FOR AN ORDER FOR LIMITED ACCESS UNDER PARAGRAPH (1) SO LONG AS:

(I) AT LEAST 10 CALENDAR YEARS HAVE PASSED SINCE THE EXPIRATION OR CANCELLATION OF THE PROTECTION FROM ABUSE ORDER;

(II) THE INDIVIDUAL HAS NOT BEEN SUBJECT TO ANY SUBSEQUENT FINAL PROTECTION FROM ABUSE ORDER;

(III) THE INDIVIDUAL HAS NOT BEEN CONVICTED OF ANY MISDEMEANOR CRIME OF DOMESTIC VIOLENCE AND HAS NOT BEEN CONVICTED OF ANY FELONY SINCE THE EXPIRATION OF THE PROTECTION FROM ABUSE ORDER;

AND (IV) DURING THE TERM OF THE PROTECTION FROM ABUSE ORDER, THE INDIVIDUAL WAS NOT CONVICTED OF INDIRECT CRIMINAL CONTEMPT FOR VIOLATING THE PROTECTION FROM ABUSE ORDER.

* * * Section 4.

The definitions DEFINITION of "domestic violence <-- counselor/advocate" and "safekeeping permit" in section 6102(a) <-- of Title 23 are IS amended and the subsection is amended by <-- adding a definition to read:

20170SB0501PN1551 - 15 - § 6102.

* * * ["Safekeeping permit." A permit issued by a sheriff allowing <--20170SB0501PN0604 - 11 - a person to take possession of any firearm, other weapon or ammunition that a judge ordered a defendant to relinquish in a protection from abuse proceeding.] * * * Section 5.

* * * [(e) Court to adopt means of service.--The court shall adopt 20170SB0501PN1551 - 16 - a means of prompt and effective service in those instances where the plaintiff avers that service cannot be safely effected by an adult individual other than a law enforcement officer or where the court so orders.] (f) Service by sheriff.--[If the court so orders, the sheriff or other designated agency or individual shall serve the petition and order.] For all petitions and temporary orders for protection from abuse, original process shall be served by a sheriff or by the sheriff's duly authorized deputy, which deputy may not be a party to or a family member of a party to the protection from abuse petition, unless the petitioner chooses an alternative means of personal service.

Sections 6107(a), (b)(4) and (c), 6108(a)(3) <-- 6108(A) INTRODUCTORY PARAGRAPH and (7), 6108.1 and 6108.2 <-- heading, (a), (c) 6108.2(A) and (e) of Title 23 are amended to <-- read:

20170SB0501PN0604 - 12 - (a) General rule.--Within ten business days of the filing of a petition under this chapter, a hearing shall be held before the court, at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence.

The court shall, at the time the defendant is given notice of the hearing, advise the defendant of the right to be represented by counsel, of the right to present evidence, of the right to compel attendance of witnesses, of the method by which witnesses may be compelled, of 20170SB0501PN1551 - 17 - the possibility that any firearm, other weapon or ammunition owned and any firearm license possessed may be ordered temporarily relinquished, of the options for relinquishment of a firearm pursuant to this chapter, of the possibility that Federal or State law may prohibit the possession of firearms, including an explanation of 18 U.S.C.

(b) Temporary orders.-- <-- * * * (4) If the court orders the defendant to temporarily relinquish any firearm, other weapon or ammunition pursuant to paragraph (3), the defendant shall decide in what manner the defendant is going to relinquish any firearm, other weapon or ammunition listed in the order.

Relinquishment may be to the sheriff pursuant to section 6108(a)(7) [or to a 20170SB0501PN0604 - 13 - third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping)] or to a dealer pursuant to section 6108.2 (relating to relinquishment for consignment sale or lawful transfer).

* * * <-- (c) Continued hearings.-- (1) If a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex parte 20170SB0501PN1551 - 18 - temporary orders under subsection (b) as it deems necessary.

* * * (3) If the defendant has a duty to support the plaintiff <-- or minor children living in the residence or household and the defendant is the sole owner or lessee, granting 20170SB0501PN0604 - 14 - possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, with the consent of the plaintiff, ordering the defendant to provide suitable alternate housing.

An order may not grant possession to the plaintiff of the residence or household to the exclusion of the defendant other than as provided under paragraph (2) or 20170SB0501PN1551 - 19 - this paragraph.

* * * (7) [Ordering] Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order, ordering the defendant to temporarily relinquish to the sheriff [the defendant's other weapons and ammunition which have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children and the defendant's firearms and prohibiting the defendant from acquiring or possessing any firearm for the duration of the order] any firearms under the defendant's possession or control, and requiring the defendant to relinquish to the sheriff 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 6109 (relating to licenses) the defendant may possess.

A copy of the court's order shall be transmitted to the chief or head of the [police force or police department] appropriate law enforcement agency of the municipality and to 20170SB0501PN0604 - 15 - the sheriff of the county of which the defendant is a resident.

(i) (A) The court's order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service 20170SB0501PN1551 - 20 - of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs' offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant's firearms.

The defendant shall not possess any 20170SB0501PN0604 - 16 - firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff pursuant to this clause for the duration of the temporary order.

(C) As used in this subparagraph, the term "cause" shall be limited to facts relating to the inability of the defendant to retrieve a specific 20170SB0501PN1551 - 21 - firearm within 24 hours due to the current location of the firearm.

Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale[,] or lawful transfer [or safekeeping]) <-- [or 6108.3] or to the sheriff pursuant to this paragraph.

<-- Where the sheriff is designated, the sheriff shall secure custody of the defendant's firearms, other weapons or ammunition and any firearm license listed in the court's order for the duration of the order or until otherwise directed by court order.

§ [6105(f)(4)] 6105(f)(3) <-- (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

In securing custody of the defendant's other weapons and ammunition, the sheriff shall provide the defendant with a signed and dated written receipt which shall include a detailed 20170SB0501PN0604 - 17 - description of the other weapon or ammunition and its condition.

The court shall inform the defendant that <-- firearms, other weapons or ammunition will be considered abandoned if the defendant does not request return within six months after expiration of the order or dismissal of a petition for a protection from abuse order, as provided under section 6108.1 (relating to return of relinquished 20170SB0501PN1551 - 22 - firearms, other weapons and ammunition and additional relief).

THE COURT SHALL INFORM THE DEFENDANT THAT FIREARMS, OTHER <-- WEAPONS OR AMMUNITION SHALL BE DEEMED ABANDONED WHEN THE CONDITIONS UNDER 18 PA.C.S.

§ 6128(A) (RELATING TO ABANDONMENT OF FIREARM, WEAPON OR AMMUNITION) ARE SATISFIED AND MAY THEN BE DISPOSED OF IN ACCORDANCE WITH 18 PA.C.S.

§ 6128.

(iv) Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 [or 6108.3], if the <-- defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs' offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies.

(v) Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof 20170SB0501PN0604 - 18 - and withheld from public inspection except:

20170SB0501PN1551 - 23 - (A) upon an order of the court granted upon cause shown;

The defendant shall not be required to pay any fees, costs or charges associated with the returns, whether those fees, costs or charges are imposed by the Pennsylvania State Police, any local law enforcement agency or any other entity, including a licensed importer, licensed manufacturer or licensed dealer in order to secure return of the relinquished firearms, other 20170SB0501PN0604 - 19 - weapons or ammunition.

The sheriff's office shall maintain a 20170SB0501PN1551 - 24 - weapons return form that the defendant may fill out and return to the office once a temporary or final protection from abuse order has been dismissed or expires.

(1) The defendant or owner must provide reasonable proof <-- of ownership or of rightful possession of the firearms, other weapon or ammunition seized.

(2) (1) The firearms, other weapons or ammunition seized <-- RELINQUISHED must not be evidence of a crime.

<-- (3) (2) The defendant or owner must not be otherwise <-- prohibited by applicable Federal or State law, or another condition, including, but not limited to, bail, from taking possession of the firearms, other weapons or ammunition seized.

(4) (3) The defendant or owner must have been given a <-- clearance by the Pennsylvania State Police Instant Check System UnitUnit, OR THROUGH THE NATIONAL INSTANT CRIMINAL <-- BACKGROUND CHECK SYSTEM (NICS), requested by the sheriff's office.

A copy of the petition must be served upon the PLAINTIFF, THE sheriff's office, AND the <-- district attorney's office and counsel for the plaintiff in the <-- 20170SB0501PN1551 - 25 - protection from abuse order petition.

20170SB0501PN0604 - 20 - (a.4) Abandonment.-- <-- (1) Any firearms, other weapons or ammunition shall be presumed abandoned if the defendant does not request return within six months after expiration of the order or dismissal of a petition for a protection from abuse order.

(A.4) ABANDONMENT.--ANY FIREARMS, OTHER WEAPONS OR <-- AMMUNITION SHALL BE DEEMED ABANDONED WHEN THE CONDITIONS UNDER 18 PA.C.S.

§ 6128(A) (RELATING TO ABANDONMENT OF FIREARM, WEAPON OR AMMUNITION) ARE SATISFIED AND MAY THEN BE DISPOSED OF IN ACCORDANCE WITH 18 PA.C.S.

§ 6128.

20170SB0501PN1551 - 26 - [(c) Modification of court's order to provide for <-- alternative means of relinquishing firearms, other weapons or ammunition.--The defendant may petition the court for modification of the order to provide for an alternative means of relinquishment in accordance with this chapter.

The petition shall be served upon the plaintiff, and the plaintiff shall have 20170SB0501PN0604 - 21 - an opportunity to be heard at the hearing as provided in subsection (d).

Where the court orders a modification pursuant to this subsection providing for alternative means of relinquishment, the sheriff shall proceed as directed by the court.] <-- (d) Hearing.--Within ten business days of the filing of any petition under this section, a hearing shall be held before the court.

["Safekeeping." The secure custody of a firearm, other <-- weapon or ammunition ordered relinquished by an active protection from abuse order.] <-- § 6108.2.

Relinquishment for consignment sale[,] or lawful <-- transfer [or safekeeping].

<-- (a) General rule.--Notwithstanding any other provision of law, a defendant who is the subject of a final protection from abuse order[, which order] or a temporary order which provides <-- for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within 20170SB0501PN1551 - 27 - the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish to a dealer licensed pursuant to 18 Pa.C.S.

The dealer may <-- charge the defendant a reasonable fee for accepting 20170SB0501PN0604 - 22 - relinquishment and for storage of any firearms, other weapons or ammunition.

* * * (c) Failure to provide affidavit.--A defendant relinquishing <-- firearms, other weapons or ammunition to a dealer pursuant to subsection (a) shall, within the time frame specified in the order for relinquishing firearms, other weapons or ammunition, provide to the sheriff the affidavit obtained pursuant to subsection (b) and relinquish to the sheriff any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit[,] or in an affidavit provided in accordance with section 6108(a)(7)(i)(B) (relating to relief) [or in an acknowledgment of receipt from a third party provided to the sheriff pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping)].

* * * [(e) Transfer upon entry of final order.--Upon entry of a final protection from abuse order issued pursuant to section 6108, [whichwhich order provides for the relinquishment of firearms, <-- other weapons or ammunition during the period of time the order is in effect,]effect, a defendant who had relinquished firearms, other <-- 20170SB0501PN1551 - 28 - weapons or ammunition to the sheriff pursuant to a temporary order may request that the firearms, other weapons or ammunition be relinquished to a dealer for consignment sale, lawful transfer or safekeeping pursuant to this section.

If the defendant can identify a licensed dealer willing to accept the firearms, other weapons or ammunition in compliance with this 20170SB0501PN0604 - 23 - section, the court shall order the sheriff to transport the firearms, other weapons or ammunition to the licensed dealer at no cost to the defendant or the licensed dealer.] <-- * * * Section 7.

<-- SECTION 7.

SECTION 6108.3(B)(3)(II) OF TITLE 23 IS AMENDED <-- BY ADDING CLAUSES TO READ:

<-- (a) General rule.--A defendant who is the subject of a <-- protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish any firearms, other weapons or ammunition to a third party for safekeeping.

(2) Upon determination by the sheriff that the third party is not prohibited from possessing firearms, other 20170SB0501PN1551 - 29 - weapons or ammunition pursuant to any Federal or State law and after the defendant and third party have executed the affidavits required under paragraph (3), the sheriff shall issue a safekeeping permit to the third party, which shall include, at a minimum, a list of the firearms, other weapons and ammunition which will be relinquished to the third party.

The permit shall require the third party to 20170SB0501PN0604 - 24 - possess the defendant's firearms, other weapons and ammunition until the time that:

20170SB0501PN1551 - 30 - (E) An acknowledgment that the defendant will not take possession of any firearm, other weapon or ammunition relinquished to the third party until the sheriff accepts return of the safekeeping permit pursuant to subsection (d).

§ 6105(a.1)(2) and (c)(6) (relating to persons not to possess, use, manufacture, control, sell or transfer 20170SB0501PN0604 - 25 - firearms).

(E) An acknowledgment that no firearm, other weapon or ammunition relinquished to the third party will be returned to the defendant until the sheriff 20170SB0501PN1551 - 31 - accepts return of the safekeeping permit pursuant to subsection (d).

(H) An acknowledgment that the third party is 20170SB0501PN0604 - 26 - not prohibited from possessing firearms, other weapons or ammunition pursuant to any Federal or State law.

20170SB0501PN1551 - 32 - (4) The defendant shall, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish the firearms, other weapons and ammunition specified in the affidavits provided to the sheriff pursuant to paragraph (3) to the third party who has been issued a safekeeping permit pursuant to paragraph (2).

Upon relinquishment of the firearms to the third party, the third party shall sign an acknowledgment of receipt on a form 20170SB0501PN0604 - 27 - prescribed by the Pennsylvania State Police, which shall include, at a minimum, an acknowledgment that the firearms were relinquished to the third party within the time frame specified in the order.

(c) Revocation of safekeeping permit.-- (1) The sheriff shall revoke a third party's safekeeping permit and require the third party to relinquish to the 20170SB0501PN1551 - 33 - sheriff any firearms, other weapons or ammunition which were relinquished to the third party by a defendant pursuant to subsection (a) upon determining or being notified that any of the following apply:

(ii) The third party is prohibited from possessing firearms, other weapons or ammunition pursuant to any 20170SB0501PN0604 - 28 - Federal or State law.

20170SB0501PN1551 - 34 - (ii) Required pursuant to paragraph (1)(iii) or (iv), the sheriff shall maintain possession of the firearms, other weapons and ammunition until the defendant is no longer prohibited from possessing firearms, other weapons and ammunition pursuant to any Federal or State law unless:

(A) the defendant has the firearms, other weapons and ammunition relinquished to a licensed 20170SB0501PN0604 - 29 - dealer pursuant to section 6108.2;

(ii) Prohibited from possessing a firearm, other weapon or ammunition pursuant to any Federal or State law, the sheriff shall accept return of the permit and seize from the third party all of the defendant's firearms, other weapons and ammunition which were 20170SB0501PN1551 - 35 - relinquished to the third party pursuant to this section.

§§ 6105(f)(2) or 6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from 20170SB0501PN0604 - 30 - abuse order by allowing the defendant to take possession of a firearm, other weapon or ammunition that had previously been ordered relinquished, the defendant and the third party shall report to the sheriff's office to return the safekeeping permit.

61, be civilly liable to any person for any 20170SB0501PN1551 - 36 - damages caused thereby and, in addition, shall be liable to any person for punitive damages in an amount not to exceed $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of the costs.

20170SB0501PN0604 - 31 - (2) Affidavit forms and receipt forms to be used by defendants and third parties as required under subsection (b) (3) and (4).

20170SB0501PN1551 - 37 - "Third party." A person, other than the defendant, who:

*20170SB0501PN0604 *- *32 <--- (B) TRANSFER TO THIRD PARTY.-- * * * (3) * * * (II) A THIRD PARTY WHO WILL BE ACCEPTING POSSESSION OF FIREARMS, OTHER WEAPONS AND AMMUNITION PURSUANT TO SUBSECTION (A) SHALL, IN THE PRESENCE OF THE SHERIFF OR THE SHERIFF'S DESIGNEE, EXECUTE AN AFFIDAVIT ON A FORM PRESCRIBED BY THE PENNSYLVANIA STATE POLICE WHICH SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

* * * (N) AN ACKNOWLEDGMENT THAT THE THIRD PARTY AND THE DEFENDANT ARE NOT FAMILY OR HOUSEHOLD MEMBERS.

(O) AN ACKNOWLEDGMENT THAT THE THIRD PARTY IS AN ATTORNEY AT LAW, AND THAT THE ATTORNEY AT LAW AND THE DEFENDANT ARE IN AN ATTORNEY-CLIENT RELATIONSHIP.

THE ATTORNEY AT LAW AND THE DEFENDANT SHALL SIGN A WRITTEN AGREEMENT STATING IN SUBSTANTIALLY THE FOLLOWING FORM:

"FIREARM(S) CAN BE RELINQUISHED TO THE ATTORNEY AT LAW UPON THE EXPRESS, WRITTEN CONDITION THAT FIREARM(S) WILL BE RETURNED TO THE DEFENDANT, OR OTHERWISE TRANSFERRED, ONLY IF IN STRICT CONFORMANCE WITH APPLICABLE LAW." * * * SECTION 8.

THIS ACT SHALL APPLY TO ORDERS ISSUED PURSUANT TO 20170SB0501PN1551 - 38 - 23 PA.C.S.

§ 6108 ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

SECTION 9.

THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

20170SB0501PN1551 - 39 -