6109 - Licenses.

     § 6109.  Licenses.        (a)  Purpose of license.--A license to carry a firearm shall     be for the purpose of carrying a firearm concealed on or about     one's person or in a vehicle throughout this Commonwealth.        (b)  Place of application.--An individual who is 21 years of     age or older may apply to a sheriff for a license to carry a     firearm concealed on or about his person or in a vehicle within     this Commonwealth. If the applicant is a resident of this     Commonwealth, he shall make application with the sheriff of the     county in which he resides or, if a resident of a city of the     first class, with the chief of police of that city.        (c)  Form of application and content.--The application for a     license to carry a firearm shall be uniform throughout this     Commonwealth and shall be on a form prescribed by the     Pennsylvania State Police. The form may contain provisions, not     exceeding one page, to assure compliance with this section.     Issuing authorities shall use only the application form     prescribed by the Pennsylvania State Police. One of the     following reasons for obtaining a firearm license shall be set     forth in the application: self-defense, employment, hunting and     fishing, target shooting, gun collecting or another proper     reason. The application form shall be dated and signed by the     applicant and shall contain the following statement:            I have never been convicted of a crime that prohibits me            from possessing or acquiring a firearm under Federal or            State law. I am of sound mind and have never been            committed to a mental institution. I hereby certify that            the statements contained herein are true and correct to            the best of my knowledge and belief. I understand that,            if I knowingly make any false statements herein, I am            subject to penalties prescribed by law. I authorize the            sheriff, or his designee, or, in the case of first class            cities, the chief or head of the police department, or            his designee, to inspect only those records or documents            relevant to information required for this application. If            I am issued a license and knowingly become ineligible to            legally possess or acquire firearms, I will promptly            notify the sheriff of the county in which I reside or, if            I reside in a city of the first class, the chief of            police of that city.        (d)  Sheriff to conduct investigation.--The sheriff to whom     the application is made shall:            (1)  investigate the applicant's record of criminal        conviction;            (2)  investigate whether or not the applicant is under        indictment for or has ever been convicted of a crime        punishable by imprisonment exceeding one year;            (3)  investigate whether the applicant's character and        reputation are such that the applicant will not be likely to        act in a manner dangerous to public safety;            (4)  investigate whether the applicant would be precluded        from receiving a license under subsection (e)(1) or section        6105(h) (relating to persons not to possess, use,        manufacture, control, sell or transfer firearms); and            (5)  conduct a criminal background, juvenile delinquency        and mental health check following the procedures set forth in        section 6111 (relating to sale or transfer of firearms),        receive a unique approval number for that inquiry and record        the date and number on the application.        (e)  Issuance of license.--            (1)  A license to carry a firearm shall be for the        purpose of carrying a firearm concealed on or about one's        person or in a vehicle and shall be issued if, after an        investigation not to exceed 45 days, it appears that the        applicant is an individual concerning whom no good cause        exists to deny the license. A license shall not be issued to        any of the following:                (i)  An individual whose character and reputation is            such that the individual would be likely to act in a            manner dangerous to public safety.                (ii)  An individual who has been convicted of an            offense under the act of April 14, 1972 (P.L.233, No.64),            known as The Controlled Substance, Drug, Device and            Cosmetic Act.                (iii)  An individual convicted of a crime enumerated            in section 6105.                (iv)  An individual who, within the past ten years,            has been adjudicated delinquent for a crime enumerated in            section 6105 or for an offense under The Controlled            Substance, Drug, Device and Cosmetic Act.                (v)  An individual who is not of sound mind or who            has ever been committed to a mental institution.                (vi)  An individual who is addicted to or is an            unlawful user of marijuana or a stimulant, depressant or            narcotic drug.                (vii)  An individual who is a habitual drunkard.                (viii)  An individual who is charged with or has been            convicted of a crime punishable by imprisonment for a            term exceeding one year except as provided for in section            6123 (relating to waiver of disability or pardons).                (ix)  A resident of another state who does not            possess a current license or permit or similar document            to carry a firearm issued by that state if a license is            provided for by the laws of that state, as published            annually in the Federal Register by the Bureau of            Alcohol, Tobacco and Firearms of the Department of the            Treasury under 18 U.S.C. § 921(a)(19) (relating to            definitions).                (x)  An alien who is illegally in the United States.                (xi)  An individual who has been discharged from the            armed forces of the United States under dishonorable            conditions.                (xii)  An individual who is a fugitive from justice.            This subparagraph does not apply to an individual whose            fugitive status is based upon nonmoving or moving summary            offense under Title 75 (relating to vehicles).                (xiii)  An individual who is otherwise prohibited            from possessing, using, manufacturing, controlling,            purchasing, selling or transferring a firearm as provided            by section 6105.                (xiv)  An individual who is prohibited from            possessing or acquiring a firearm under the statutes of            the United States.            (3)  The license to carry a firearm shall be designed to        be uniform throughout this Commonwealth and shall be in a        form prescribed by the Pennsylvania State Police. The license        shall bear the following:                (i)  The name, address, date of birth, race, sex,            citizenship, height, weight, color of hair, color of eyes            and signature of the licensee.                (ii)  The signature of the sheriff issuing the            license.                (iii)  A license number of which the first two            numbers shall be a county location code followed by            numbers issued in numerical sequence.                (iv)  The point-of-contact telephone number            designated by the Pennsylvania State Police under            subsection (l).                (v)  The reason for issuance.                (vi)  The period of validation.            (4)  The sheriff shall require a photograph of the        licensee on the license. The photograph shall be in a form        compatible with the Commonwealth Photo Imaging Network.            (5)  The original license shall be issued to the        applicant. The first copy of the license shall be forwarded        to the Pennsylvania State Police within seven days of the        date of issue. The second copy shall be retained by the        issuing authority for a period of seven years. Except        pursuant to court order, both copies and the application        shall, at the end of the seven-year period, be destroyed        unless the license has been renewed within the seven-year        period.        (f)  Term of license.--            (1)  A license to carry a firearm issued under subsection        (e) shall be valid throughout this Commonwealth for a period        of five years unless extended under paragraph (3) or sooner        revoked.            (2)  At least 60 days prior to the expiration of each        license, the issuing sheriff shall send to the licensee an        application for renewal of license. Failure to receive a        renewal application shall not relieve a licensee from the        responsibility to renew the license.            (3)  Notwithstanding paragraph (1) or any other provision        of law to the contrary, a license to carry a firearm that is        held by a member of the United States Armed Forces or the        Pennsylvania National Guard on Federal active duty and        deployed overseas that is scheduled to expire during the        period of deployment shall be extended until 90 days after        the end of the deployment.            (4)  Possession of a license, together with a copy of the        person's military orders showing the dates of overseas        deployment, including the date that the overseas deployment        ends, shall constitute, during the extension period specified        in paragraph (3), a defense to any charge filed pursuant to        section 6106 (relating to firearms not to be carried without        a license) or 6108 (relating to carrying firearms on public        streets or public property in Philadelphia).        (g)  Grant or denial of license.--Upon the receipt of an     application for a license to carry a firearm, the sheriff shall,     within 45 days, issue or refuse to issue a license on the basis     of the investigation under subsection (d) and the accuracy of     the information contained in the application. If the sheriff     refuses to issue a license, the sheriff shall notify the     applicant in writing of the refusal and the specific reasons.     The notice shall be sent by certified mail to the applicant at     the address set forth in the application.        (h)  Fee.--            (1)  In addition to fees described in paragraphs (2)(ii)        and (3), the fee for a license to carry a firearm is $19.        This includes all of the following:                (i)  A renewal notice processing fee of $1.50.                (ii)  An administrative fee of $5 under section 14(2)            of the act of July 6, 1984 (P.L.614, No.127), known as            the Sheriff Fee Act.            (2)  (i)  The Pennsylvania Commission on Crime and            Delinquency shall implement, within five years of the            effective date of this paragraph, a system in conjunction            with the Pennsylvania State Police and the Pennsylvania            Sheriffs' Association to standardize and modernize the            process of issuing licenses to carry firearms. Upon            implementation of the system under this paragraph, the            Pennsylvania Commission on Crime and Delinquency shall            publish notice thereof in the Pennsylvania Bulletin.                (ii)  An additional temporary fee of $5 shall be            remitted by the sheriff to the Firearms License to Carry            Modernization Account, which is hereby established as a            special restricted receipt account within the General            Fund of the State Treasury. Moneys and investment income            in the account shall be awarded as grants to sheriffs to            implement the system, including grants to reimburse            sheriffs for expenses incurred prior to the effective            date of this paragraph.                (iii)  Moneys credited to the account and any            investment income accrued are hereby appropriated on a            continuing basis to the Pennsylvania Commission on Crime            and Delinquency. The commission shall establish            procedures related to the application process for and            distribution of funds to sheriffs under this paragraph.            Notwithstanding the provisions of subparagraph (ii), the            commission may withhold annually an amount not exceeding            5% of the funds credited to the account in that fiscal            year for the cost to implement the system under            subparagraph (i) and for administrative costs directly            related to the responsibilities of the commission under            this paragraph.                (iv)  This paragraph shall expire five years after            its effective date. Any surplus funds remaining in the            account established in subparagraph (ii) at such time            shall lapse into the General Fund.            (3)  An additional fee of $1 shall be paid by the        applicant for a license to carry a firearm and shall be        remitted by the sheriff to the Firearms License Validation        System Account, which is hereby established as a special        restricted receipt account within the General Fund of the        State Treasury. The account shall be used for purposes under        subsection (l). Moneys credited to the account and any        investment income accrued are hereby appropriated on a        continuing basis to the Pennsylvania State Police.            (4)  No fee other than that provided by this subsection        or the Sheriff Fee Act may be assessed by the sheriff for the        performance of any background check made pursuant to this        act.            (5)  The fee is payable to the sheriff to whom the        application is submitted and is payable at the time of        application for the license.            (6)  Except for the administrative fee of $5 under        section 14(2) of the Sheriff Fee Act, all other fees shall be        refunded if the application is denied but shall not be        refunded if a license is issued and subsequently revoked.            (7)  A person who sells or attempts to sell a license to        carry a firearm for a fee in excess of the amounts fixed        under this subsection commits a summary offense.        (i)  Revocation.--A license to carry firearms may be revoked     by the issuing authority for good cause. A license to carry     firearms shall be revoked by the issuing authority for any     reason stated in subsection (e)(1) which occurs during the term     of the permit. Notice of revocation shall be in writing and     shall state the specific reason for revocation. Notice shall be     sent by certified mail to the individual whose license is     revoked, and, at that time, notice shall also be provided to the     Pennsylvania State Police by electronic means, including e-mail     or facsimile transmission, that the license is no longer valid.     An individual whose license is revoked shall surrender the     license to the issuing authority within five days of receipt of     the notice. An individual whose license is revoked may appeal to     the court of common pleas for the judicial district in which the     individual resides. An individual who violates this section     commits a summary offense.        (i.1)  Notice to sheriff.--Notwithstanding any statute to the     contrary:            (1)  Upon conviction of a person for a crime specified in        section 6105(a) or (b) or upon conviction of a person for a        crime punishable by imprisonment exceeding one year or upon a        determination that the conduct of a person meets the criteria        specified in section 6105(c)(1), (2), (3), (5), (6) or (9),        the court shall determine if the defendant has a license to        carry firearms issued pursuant to this section. If the        defendant has such a license, the court shall notify the        sheriff of the county in which that person resides, on a form        developed by the Pennsylvania State Police, of the identity        of the person and the nature of the crime or conduct which        resulted in the notification. The notification shall be        transmitted by the judge within seven days of the conviction        or determination.            (2)  Upon adjudication that a person is incompetent or        upon the involuntary commitment of a person to a mental        institution for inpatient care and treatment under the act of        July 9, 1976 (P.L.817, No.143), known as the Mental Health        Procedures Act, or upon involuntary treatment of a person as        described under section 6105(c)(4), the judge of the court of        common pleas, mental health review officer or county mental        health and mental retardation administrator shall notify the        sheriff of the county in which that person resides, on a form        developed by the Pennsylvania State Police, of the identity        of the person who has been adjudicated, committed or treated        and the nature of the adjudication, commitment or treatment.        The notification shall be transmitted by the judge, mental        health review officer or county mental health and mental        retardation administrator within seven days of the        adjudication, commitment or treatment.        (j)  Immunity.--A sheriff who complies in good faith with     this section shall be immune from liability resulting or arising     from the action or misconduct with a firearm committed by any     individual to whom a license to carry a firearm has been issued.        (k)  Reciprocity.--            (1)  The Attorney General shall have the power and duty        to enter into reciprocity agreements with other states        providing for the mutual recognition of a license to carry a        firearm issued by the Commonwealth and a license or permit to        carry a firearm issued by the other state. To carry out this        duty, the Attorney General is authorized to negotiate        reciprocity agreements and grant recognition of a license or        permit to carry a firearm issued by another state.            (2)  The Attorney General shall report to the General        Assembly within 180 days of the effective date of this        paragraph and annually thereafter concerning the agreements        which have been consummated under this subsection.        (l)  Firearms License Validation System.--            (1)  The Pennsylvania State Police shall establish a        nationwide toll-free telephone number, known as the Firearms        License Validation System, which shall be operational seven        days a week, 24 hours per day, for the purpose of responding        to law enforcement inquiries regarding the validity of any        Pennsylvania license to carry a firearm.            (2)  Notwithstanding any other law regarding the        confidentiality of information, inquiries to the Firearms        License Validation System regarding the validity of any        Pennsylvania license to carry a firearm may only be made by        law enforcement personnel acting within the scope of their        official duties.            (3)  Law enforcement personnel outside this Commonwealth        shall provide their originating agency identifier number and        the license number of the license to carry a firearm which is        the subject of the inquiry.            (4)  Responses to inquiries by law enforcement personnel        outside this Commonwealth shall be limited to the name of the        licensee, the validity of the license and any information        which may be provided to a criminal justice agency pursuant        to Chapter 91 (relating to criminal history record        information).        (m)  Inquiries.--            (1)  The Attorney General shall, not later than one year        after the effective date of this subsection and not less than        once annually, contact in writing the appropriate authorities        in any other state which does not have a current reciprocity        agreement with the Commonwealth to determine if:                (i)  the state will negotiate a reciprocity            agreement;                (ii)  a licensee may carry a concealed firearm in the            state; or                (iii)  a licensee may apply for a license or permit            to carry a firearm issued by the state.            (2)  The Attorney General shall maintain a current list        of those states which have a reciprocity agreement with the        Commonwealth, those states which allow licensees to carry a        concealed firearm and those states which allow licensees to        apply for a license or permit to carry a firearm. This list        shall be posted on the Internet, provided to the Pennsylvania        State Police and made available to the public upon request.        (m.1)  Temporary emergency licenses.--            (1)  A person seeking a temporary emergency license to        carry a concealed firearm shall submit to the sheriff of the        county in which the person resides all of the following:                (i)  Evidence of imminent danger to the person or the            person's minor child. For purposes of this subparagraph,            the term "minor" shall have the same meaning as provided            in 1 Pa.C.S. § 1991 (relating to definitions).                (ii)  A sworn affidavit that contains the information            required on an application for a license to carry a            firearm and attesting that the person is 21 years of age            or older, is not prohibited from owning firearms under            section 6105 (relating to persons not to possess, use,            manufacture, control, sell or transfer firearms) or any            other Federal or State law and is not currently subject            to a protection from abuse order or a protection order            issued by a court of another state.                (iii)  In addition to the provisions of subsection            (h), a temporary emergency license fee established by the            Commissioner of the Pennsylvania State Police for an            amount that does not exceed the actual cost of conducting            the criminal background check or $10, whichever is less.                (iv)  An application for a license to carry a firearm            on the form prescribed pursuant to subsection (c).            (2)  Upon receipt of the items required under paragraph        (1), the sheriff immediately shall conduct a criminal        history, juvenile delinquency and mental health record check        of the applicant pursuant to section 6105. Immediately upon        receipt of the results of the records check, the sheriff        shall review the information and shall determine whether the        applicant meets the criteria set forth in this subsection. If        the sheriff determines that the applicant has met all of the        criteria, the sheriff shall immediately issue the applicant a        temporary emergency license to carry a concealed firearm.            (3)  If the sheriff refuses to issue a temporary        emergency license, the sheriff shall specify the grounds for        the denial in a written notice to the applicant. The        applicant may appeal the denial or challenge criminal records        check results that were the basis of the denial, if        applicable, in the same manner as a denial of a license to        carry a firearm under this section.            (4)  A temporary emergency license issued under this        subsection shall be valid for 45 days and may not be renewed.        A person who has been issued a temporary emergency license        under this subsection shall not be issued another temporary        emergency license unless at least five years have expired        since the issuance of the prior temporary emergency license.        During the 45 days the temporary emergency license is valid,        the sheriff shall conduct an additional investigation of the        person for the purposes of determining whether the person may        be issued a license pursuant to this section. If, during the        course of this investigation, the sheriff discovers any        information that would have prohibited the issuance of a        license pursuant to this section, the sheriff shall be        authorized to revoke the temporary emergency license as        provided in subsection (i).            (5)  The temporary emergency license issued pursuant to        this section shall be consistent with the form prescribed in        subsection (e)(3), (4) and (5). In addition to the        information provided in those paragraphs, the temporary        emergency license shall be clearly marked "Temporary."            (6)  A person who holds a temporary emergency license to        carry a firearm shall have the same rights to carry a firearm        as a person issued a license to carry a firearm under this        section. A licensee under this subsection shall be subject to        all other duties, restrictions and penalties under this        section, including revocation pursuant to subsection (i).            (7)  A sheriff who issues a temporary emergency license        to carry a firearm shall retain, for the entire period during        which the temporary emergency license is in effect, the        evidence of imminent danger that the applicant submitted to        the sheriff that was the basis for the license, or a copy of        the evidence, as appropriate.            (8)  A person applying for a temporary emergency license        shall complete the application required pursuant to        subsection (c) and shall provide at the time of application        the information required in paragraph (1).            (9)  Prior to the expiration of a temporary emergency        license, if the sheriff has determined pursuant to        investigation that the person issued a temporary emergency        license is not disqualified and if the temporary emergency        license has not been revoked pursuant to subsection (i), the        sheriff shall issue a license pursuant to this section that        is effective for the balance of the five-year period from the        date of the issuance of the temporary emergency license.        Records and all other information, duties and obligations        regarding such licenses shall be applicable as otherwise        provided in this section.            (10)  As used in this subsection, the term "evidence of        imminent danger" means:                (i)  a written document prepared by the Attorney            General, a district attorney, a chief law enforcement            officer, judicial officer or their designees describing            the facts that give a person reasonable cause to fear a            criminal attack upon the person or the person's minor            child. For the purposes of this subparagraph, the term            "chief law enforcement officer" shall have the same            meaning as provided in 42 Pa.C.S. § 8951 (relating to            definitions) and "judicial officer" shall have the same            meaning as provided in 42 Pa.C.S. § 102 (relating to            definitions).                (ii)  a police report.        (m.2)  Inconsistent provisions.--Notwithstanding the     provisions of section 7506 (relating to violation of rules     regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727     (relating to additional limitations on operation) or the act of     June 28, 1995 (P.L.89, No.18), known as the Conservation and     Natural Resources Act, and regulations promulgated under that     act, a firearm may be carried as provided in subsection (a) by:            (1)  a law enforcement officer whose current        identification as a law enforcement officer shall be        construed as a valid license to carry a firearm; or            (2)  any licensee.        (m.3)  Construction.--Nothing in this section shall be     construed to permit the hunting or harvesting of any wildlife     with a firearm or ammunition not otherwise permitted by 34     Pa.C.S. (relating to game).        (n)  Definition.--As used in this section, the term     "licensee" means an individual who is licensed to carry a     firearm under this section.     (Apr. 17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19, 1988,     P.L.1275, No.158, eff. 180 days; June 13, 1995, 1st Sp.Sess.,     P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66,     eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18,     1998, P.L.503, No.70, eff. imd.; Nov. 10, 2005, P.L.335, No.66;     Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)        2008 Amendment.  Act 131 amended subsec. (f)(1) and added     subsecs. (f)(3) and (4), (m.1), (m.2) and (m.3).        2005 Amendment.  Act 66 amended subsecs. (c), (d), (e), (h),     (i) and (k) and added subsecs. (i.1), (l), (m) and (n). Section     14 of Act 66 provided that the Pennsylvania Commission on Crime     and Delinquency shall submit a report to the General Assembly     three years after the effective date of section 14 on the     progress of the Firearms License to Carry Modernization Account.     See section 15 of Act 66 in the appendix to this title for     special provisions relating to effective date.        1997 Amendment.  Act 5 amended subsec. (a).        1995 Amendment.  Act 66 amended subsecs. (a), (f) and (h).        Cross References.  Section 6109 is referred to in sections     913, 6105, 6106, 6107, 6111, 6115, 6124 of this title; section     6108 of Title 23 (Domestic Relations); sections 2325, 2525 of     Title 34 (Game).