Pennsylvania SB 90 - Risk Protection Orders

Pennsylvania SB 90

by Tom Killion (R) with Jay Costa Jr. (D), Larry Farnese Jr. (D), Wayne Fontana (D), Art Haywood III (D), Tim Kearney (D), Daylin Leach (D), Bob Mensch (R), Steve Santarsiero (D), Judy Schwank (D), Tommy Tomlinson (R)

LEAP Forward Position: Support


(2.1) a person who is the subject of an extreme risk protection order issued pursuant to 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 pursuant to 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 (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. (4) it shall be an affirmative defense to any prosecution under paragraph (3) that the person accepting possession of a firearm, other weapon or ammunition in violation of paragraph (3): (i) notified the sheriff as soon as practicable that he has taken possession; and (ii) relinquished possession of any firearm, other weapon or ammunition possessed in violation of paragraph (3) as directed by the sheriff. (5) a person who has accepted possession of a firearm, other weapon or ammunition pursuant to 23 pa.c.s. 6108.3 or a firearm or firearms license pursuant to 42 pa.c.s. ch. 64a commits a misdemeanor of the firstsecond 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 eitherany 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.