reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5741 - Unlawful access to stored communications

§ 5741. Unlawful access to stored communications.
(a) Offense.--
Except as provided in subsection (c), it is an offense to obtain, alter or prevent authorized access to a wire or electronic communication while it is in electronic storage by intentionally:
(1) accessing without authorization a facility through which an electronic communication service is provided; or
(2) exceeding the scope of one's authorization to access the facility.
(b) Penalty.--
(1) If the offense is committed for the purpose of commercial advantage, malicious destruction or damage, or private commercial gain, the offender shall be subject to:
(i) a fine of not more than $250,000 or imprisonment for not more than one year, or both, in the case of a first offense; or
(ii) a fine of not more than $250,000 or imprisonment for not more than two years, or both, for any subsequent offense.
(2) In any other case, the offender shall be subject to a fine of not more than $5,000 or imprisonment for not more than six months, or both.
(c) Exceptions.--
Subsection (a) of this section does not apply with respect to conduct authorized:
(1) by the person or entity providing a wire or electronic communication service;
(2) by a user of that service with respect to a communication of or intended for that user; or
(3) in section 5743 (relating to requirements for governmental access) or 5744 (relating to backup preservation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5746 - Cost reimbursement

§ 5746. Cost reimbursement.
(a) Payment.--
Except as otherwise provided in subsection (c), an investigative or law enforcement officer obtaining the contents of communications, records or other information under section 5742 (relating to disclosure of contents and records), 5743 (relating to requirements for governmental access) or 5744 (relating to backup preservation) shall reimburse the person or entity assembling or providing the information for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing and otherwise providing the information. Reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which the information may be stored.
(b) Amount.--
The amount of the reimbursement provided for in subsection (a) shall be as mutually agreed upon by the investigative or law enforcement officer and the person or entity providing the information or, in the absence of agreement, shall be as determined by the court which issued the order for production of the information or the court before which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.
(c) Applicability.--
The requirement of subsection (a) does not apply with respect to records or other information maintained by a communication common carrier which relates to telephone toll records and telephone listings obtained under section 5743. The court may, however, order reimbursement as described in subsection (a) if the court determines the information required is unusually voluminous or otherwise caused an undue burden on the provider.
(d) Regulations.--
The Attorney General shall promulgate regulations to implement this section.
(Oct. 9, 2008, P.L.1403, No.111, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)
2012 Amendment.
Act 202 added subsec. (d).
2008 Amendment.
Act 111 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5747 - Civil action

§ 5747. Civil action.
(a) Cause of action.--
Except as provided in subsection 5743(e) (relating to requirements for governmental access), any provider of electronic communication service, subscriber or customer aggrieved by any violation of this subchapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may, in a civil action, recover from the person or entity which engaged in the violation such relief as may be appropriate.
(b) Relief.--
In a civil action under this section, appropriate relief shall include:
(1) such preliminary and other equitable or declaratory relief as may be appropriate;
(2) damages under subsection (c); and
(3) reasonable attorney fees and other litigation costs reasonably incurred.
(c) Damages.--
The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.
(d) Defense.--
A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a legislative authorization or a statutory authorization;
(2) a request of an investigative or law enforcement officer under section 5713 (relating to emergency situations); or
(3) a good faith determination that section 5704(10) (relating to exceptions to prohibitions of interception and disclosure of communications) permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under this subchapter or any other law.
(e) Limitation.--
A civil action under this section may not be commenced later than two years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 22, 2014, P.L.2522, No.151, eff. 60 days)
2014 Amendment.
Act 151 amended subsec. (b).
1998 Amendment.
Act 19 amended subsec. (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5750 - Department of Corrections retention policy

§ 5750. Department of Corrections retention policy.
The Secretary of Corrections shall develop a record retention policy for all communications lawfully intercepted by employees of the Department of Corrections. By January 1, 2024, the Secretary of Corrections shall issue a notice of the record retention policy developed under this section. The notice shall be published on the Department of Corrections' publicly accessible Internet website and transmitted to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.
(Dec. 14, 2023, P.L.425, No.53, eff. imd.)
2023 Amendment.
Act 53 added section 5750.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5761 - Mobile tracking devices

§ 5761. Mobile tracking devices.
(a) Authority to issue.--
Orders for the installation and use of mobile tracking devices may be issued by a court of common pleas.
(b) Jurisdiction.--
Orders permitted by this section may authorize the use of mobile tracking devices if the device is installed and monitored within this Commonwealth. The court issuing the order must have jurisdiction over the offense under investigation.
(c) Standard for issuance of order.--
An order authorizing the use of one or more mobile tracking devices may be issued to an investigative or law enforcement officer by the court of common pleas upon written application. Each application shall be by written affidavit, signed and sworn to or affirmed before the court of common pleas. The affidavit shall:
(1) state the name and department, agency or address of the affiant;
(2) identify the vehicles, containers or items to which, in which or on which the mobile tracking device shall be attached or be placed, and the names of the owners or possessors of the vehicles, containers or items;
(3) state the jurisdictional area in which the vehicles, containers or items are expected to be found; and
(4) provide a statement setting forth all facts and circumstances which provide the applicant with probable cause that criminal activity has been, is or will be in progress and that the use of a mobile tracking device will yield information relevant to the investigation of the criminal activity.
(d) Notice.--
The court of common pleas shall be notified in writing within 72 hours of the time the mobile tracking device has been activated in place on or within the vehicles, containers or items.
(e) Term of authorization.--
Authorization by the court of common pleas for the use of the mobile tracking device may continue for a period of 90 days from the placement of the device. An extension for an additional 90 days may be granted upon good cause shown.
(f) Removal of device.--
Wherever practicable, the mobile tracking device shall be removed after the authorization period expires. If removal is not practicable, monitoring of the mobile tracking device shall cease at the expiration of the authorization order.
(g) Movement of device.--
Movement of the tracking device within an area protected by a reasonable expectation of privacy shall not be monitored absent exigent circumstances or an order supported by probable cause that criminal activity has been, is or will be in progress in the protected area and that the use of a mobile tracking device in the protected area will yield information relevant to the investigation of the criminal activity.
(Oct. 9, 2008, P.L.1403, No.111, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)
2012 Amendment.
Act 202 amended subsecs. (b) and (c)(4).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5771 - General prohibition on use of certain devices and exception

§ 5771. General prohibition on use of certain devices and exception.
(a) General rule.--
Except as provided in this section, no person may install or use a pen register or a trap and trace device or a telecommunication identification interception device without first obtaining a court order under section 5773 (relating to issuance of an order for use of certain devices).
(b) Exception.--
The prohibition of subsection (a) does not apply with respect to the use of a pen register, a trap and trace device or a telecommunication identification interception device by a provider of electronic or wire communication service:
(1) relating to the operation, maintenance and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of the service from abuse of service or unlawful use of service;
(2) to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire communication or a user of the service from fraudulent, unlawful or abusive use of service; or
(3) with the consent of the user of the service.
(b.1) Limitation.--
A government agency authorized to install and use a pen register under this chapter shall use technology reasonably available to it that restricts the recording or decoding of electronic or other impulses to the dialing and signaling information utilized in call processing.
(c) Penalty.--
Whoever intentionally and knowingly violates subsection (a) is guilty of a misdemeanor of the third degree.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.)
Cross References.
Section 5771 is referred to in section 5773 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5772 - Application for an order for use of certain devices

§ 5772. Application for an order for use of certain devices.
(a) Application.--
The Attorney General or a deputy attorney general designated in writing by the Attorney General or a district attorney or an assistant district attorney designated in writing by the district attorney may make application for an order or an extension of an order under section 5773 (relating to issuance of an order for use of certain devices) authorizing or approving disclosure of mobile communications tracking information or, if necessary, the production and disclosure of mobile communications tracking information, the installation and use of a pen register, a trap and trace device or a telecommunication identification interception device under this subchapter, in writing, under oath or equivalent affirmation, to a court of common pleas having jurisdiction over the offense under investigation or to any Superior Court judge when an application for an order authorizing interception of communications is or has been made for the targeted telephone or another application for interception under this subchapter has been made involving the same investigation.
(b) Contents of application.--
An application under subsection (a) shall include:
(1) The identity and authority of the attorney making the application and the identity of the investigative or law enforcement agency conducting the investigation.
(2) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(3) An affidavit by an investigative or law enforcement officer which establishes probable cause for the issuance of an order or extension of an order under section 5773.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.; Oct. 25, 2012, P.L.1634, No.202, eff. 60 days)
2012 Amendment.
Act 202 amended subsec. (a).
1998 Amendment.
Act 19 amended the section heading and subsec. (a).
Cross References.
Section 5772 is referred to in section 5773 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5774 - Assistance in installation and use of certain devices

§ 5774. Assistance in installation and use of certain devices.
(a) Pen register.--
Upon the request of an applicant under this subchapter, a provider of wire or electronic communication service, landlord, custodian or other person shall forthwith provide all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if assistance is directed by a court order as provided in section 5773(b)(2) (relating to issuance of an order for use of certain devices).
(b) Trap and trace device.--
Upon the request of an applicant under this subchapter, a provider of a wire or electronic communication service, landlord, custodian or other person shall install the device forthwith on the appropriate line and shall furnish all additional information, facilities and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if installation and assistance are directed by a court order as provided in section 5773. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the applicant designated in the court order at reasonable intervals during regular business hours for the duration of the order.
(c) Compensation.--
A provider of wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for reasonable expenses incurred in providing the facilities and assistance.
(d) No cause of action against a provider disclosing information under this subchapter.--
No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under this subchapter.
(e) Defense.--
A good faith reliance on a court order or a statutory authorization is a complete defense against any civil or criminal action brought under this subchapter or any other law.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5775 - Reports concerning certain devices

§ 5775. Reports concerning certain devices.
(a) Attorney General.--
The Attorney General shall annually report to the Administrative Office of Pennsylvania Courts on the number of orders for pen registers, trap and trace devices and telecommunication identification interception devices applied for by investigative or law enforcement agencies of the Commonwealth or its political subdivisions.
(b) District attorney.--
Each district attorney shall annually provide to the Attorney General information on the number of orders for pen registers, trap and trace devices and telecommunication identification interception devices applied for on forms prescribed by the Attorney General.
(Feb. 18, 1998, P.L.102, No.19, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5781 - Expiration of chapter

§ 5781. Expiration of chapter.
This chapter expires December 31, 2029, unless extended by statute.
(Dec. 12, 1994, P.L.1248, No.148, eff. imd.; Feb. 18, 1998, P.L.102, No.19, eff. imd.; Nov. 29, 2004, P.L.1349, No.173, eff. imd.; Oct. 9, 2008, P.L.1403, No.111, eff. imd.; Nov. 27, 2013, P.L.1147, No.102, eff. imd.; July 7, 2017, P.L.304, No.22, eff. 60 days; Dec. 14, 2023, P.L.425, No.53, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 57 - Wiretapping and Electronic Surveillance › Section 5782 - Regulations

§ 5782. Regulations.
The commissioner of the Pennsylvania State Police, in consultation with the Attorney General, shall promulgate regulations consistent with sections 5704(16) (relating to exceptions to prohibition of interception and disclosure of communications) and 5749 (relating to retention of certain records) setting forth procedures to be followed by law enforcement officers regarding the interception, maintenance and destruction of recordings made under section 5704(16).
(June 11, 2002, P.L.370, No.53, eff. imd.)
2002 Amendment.
Act 53 added section 5782. Section 3 of Act 53 provided that section 5782 shall apply upon the enactment of a statute providing for the intercepting and recording of oral communications under 18 Pa.C.S. § 5704. Act 52 of 2002, effective June 11, 2002, added provisions relating to the intercepting and recording of oral communications under 18 Pa.C.S. § 5704.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 59 - Public Indecency › Extra - Chapter Notes

Enactment.
Chapter 59 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 59 is referred to in sections 911, 3051 of this title; section 2101 of Title
            5 (Athletics and Sports).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 59 - Public Indecency › Section 5901 - Open lewdness

§ 5901. Open lewdness.
A person commits a misdemeanor of the third degree if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.
Cross References.
Section 5901 is referred to in section 6318 of this title; section 9718.1 of Title 42 (Judiciary and Judicial Procedure); sections 4503, 4601, 6137.1 of Title 61 (Prisons and Parole); section 3113 of Title 63 (Professions and Occupations (State Licensed)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 59 - Public Indecency › Section 5904 - Public exhibition of insane or deformed person

§ 5904. Public exhibition of insane or deformed person.
A person is guilty of a misdemeanor of the second degree if he exhibits in any place, for a pecuniary consideration or reward, any insane, idiotic or deformed person, or imbecile.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Extra - Chapter Notes

Enactment.
Chapter 61 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 61 is referred to in sections 9122.1, 9122.3 of this title; sections 6108,
            6108.2, 6108.3 of Title 23 (Domestic Relations); sections 6307, 6308 of Title 42 (Judiciary
            and Judicial Procedure); sections 4503, 4601, 6137.1 of Title 61 (Prisons and Parole).
Cross References.
Subchapter A is referred to in sections 6105, 6108.6 of Title 23 (Domestic Relations);
            section 2503 of Title 34 (Game).
Enactment.
Subchapter D was added October 17, 2008, P.L.1628, No.131, effective 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6101 - Short title of subchapter

§ 6101. Short title of subchapter.
This subchapter shall be known and may be cited as the Pennsylvania Uniform Firearms Act of 1995.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6103 - Crimes committed with firearms

§ 6103. Crimes committed with firearms.
If any person commits or attempts to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) when armed with a firearm contrary to the provisions of this subchapter, that person may, in addition to the punishment provided for the crime, also be punished as provided by this subchapter.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6104 - Evidence of intent

§ 6104. Evidence of intent.
In the trial of a person for committing or attempting to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), the fact that that person was armed with a firearm, used or attempted to be used, and had no license to carry the same, shall be evidence of that person's intention to commit the offense.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6106.1 - Carrying loaded weapons other than firearms

§ 6106.1. Carrying loaded weapons other than firearms.
(a) General rule.--
Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle. The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)(1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.
(b) Penalty.--
A person who violates the provisions of this section commits a summary offense.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6107 - Prohibited conduct during emergency

§ 6107. Prohibited conduct during emergency.
(a) General rule.--
No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person's life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
(b) Seizure, taking and confiscation.--
Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6108 - Carrying firearms on public streets or public property in Philadelphia

§ 6108. Carrying firearms on public streets or public property in Philadelphia.
No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license).
Cross References.
Section 6108 is referred to in section 6109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6110 - Persons to whom delivery shall not be made (Repealed)

§ 6110. Persons to whom delivery shall not be made (Repealed).
1995 Repeal.
Section 6110 was repealed June 13, 1995 (1st Sp.Sess., P.L.1024, No.17), effective in 120 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6110.1 - Possession of firearm by minor

§ 6110.1. Possession of firearm by minor.
(a) Firearm.--
Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--
Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--
Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
(d) Forfeiture.--
Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)
1995 Amendments.
Act 17, 1st Sp.Sess., added section 6110.1 and Act 66 amended subsec. (b).
Cross References.
Section 6110.1 is referred to in sections 6105, 6115 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6110.2 - Possession of firearm with altered manufacturer's number

§ 6110.2. Possession of firearm with altered manufacturer's number.
(a) General rule.--
No person shall possess a firearm which has had the manufacturer's number integral to the frame or receiver altered, changed, removed or obliterated.
(b) Penalty.--
A person who violates this section commits a felony of the second degree.
(c) Definition.--
As used in this section, the term "firearm" shall have the same meaning as that term is defined in section 6105(i) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), except that the term shall not include antique firearms as defined in section 6118 (relating to antique firearms).
(Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6111.2 - Firearm sales surcharge

§ 6111.2. Firearm sales surcharge.
(a) Surcharge imposed.--
There is hereby imposed on each sale of a firearm subject to tax under Article II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an additional surcharge of $3. This shall be referred to as the Firearm Sale Surcharge. All moneys received from this surcharge shall be deposited in the Firearm Instant Records Check Fund.
(b) Increases or decreases.--
Five years from the effective date of this subsection, and every five years thereafter, the Pennsylvania State Police shall provide such information as necessary to the Legislative Budget and Finance Committee for the purpose of reviewing the need to increase or decrease the instant check fee. The committee shall issue a report of its findings and recommendations to the General Assembly for a statutory change in the fee.
(c) Revenue sources.--
Funds received under the provisions of this section and section 6111(b)(3) (relating to sale or transfer of firearms), as estimated and certified by the Secretary of Revenue, shall be deposited within five days of the end of each quarter into the fund.
(d) Definition.--
As used in this section only, the term "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)
References in Text.
The Firearm Instant Records Check Fund, referred to in subsec. (a), is now the Firearm Records Check Fund.
Cross References.
Section 6111.2 is referred to in sections 6111, 6111.1, 6111.3 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6111.3 - Firearm Records Check Fund

§ 6111.3. Firearm Records Check Fund.
(a) Establishment.--
The Firearm Records Check Fund is hereby established as a restricted account in the State Treasury, separate and apart from all other public money or funds of the Commonwealth, to be appropriated annually by the General Assembly, for use in carrying out the provisions of section 6111 (relating to firearm ownership). The moneys in the fund on June 1, 1998, are hereby appropriated to the Pennsylvania State Police.
(b) Source.--
The source of the fund shall be moneys collected and transferred under section 6111.2 (relating to firearm sales surcharge) and moneys collected and transferred under section 6111(b)(3).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; June 18, 1998, P.L.503, No.70, eff. imd.)
1998 Amendment.
Act 70 amended the section heading and subsec. (a).
1995 Amendments.
Act 17, 1st Sp.Sess., added section 6111.3 and Act 66 amended the section heading.
Cross References.
Section 6111.3 is referred to in section 6102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6111.4 - Registration of firearms

§ 6111.4. Registration of firearms.
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
1995 Amendment.
Act 17, 1st Sp.Sess., added section 6111.4.
Cross References.
Section 6111.4 is referred to in section 6111 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6111.5 - Rules and regulations

§ 6111.5. Rules and regulations.
The Pennsylvania State Police shall in the manner provided by law promulgate the rules and regulations necessary to carry out this chapter, including regulations to ensure the identity, confidentiality and security of all records and data provided pursuant hereto.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
1995 Amendment.
Act 17, 1st Sp.Sess., added section 6111.5.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6112 - Retail dealer required to be licensed

§ 6112. Retail dealer required to be licensed.
No retail dealer shall sell, or otherwise transfer or expose for sale or transfer, or have in his possession with intent to sell or transfer, any firearm as defined in section 6113(d) (relating to licensing of dealers) without being licensed as provided in this chapter.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)
Cross References.
Section 6112 is referred to in section 6113 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6114 - Judicial review

§ 6114. Judicial review.
The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6115 - Loans on, or lending or giving firearms prohibited

§ 6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--
No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the following apply:
(i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
(ii) The person who receives the firearm is exempt from licensing.
(iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association.
(iv) The person who receives the firearm meets all of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or possessing a firearm under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business.
(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).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment.
Act 66 added subsec. (b)(4).
Cross References.
Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6116 - False evidence of identity

§ 6116. False evidence of identity.
In addition to any other penalty provided in this chapter, the furnishing of false information or offering false evidence of identity is a violation of section 4904 (relating to unsworn falsification to authorities).
(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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6117 - Altering or obliterating marks of identification

§ 6117. Altering or obliterating marks of identification.
(a) Offense defined.--
No person shall change, alter, remove, or obliterate the manufacturer's number integral to the frame or receiver of any firearm which shall have the same meaning as provided in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
(b) Presumption.--
(Deleted by amendment).
(c) Penalty.--
A violation of this section constitutes a felony of the second degree.
(d) Appellate review.--
(Deleted by amendment).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6118 - Antique firearms

§ 6118. Antique firearms.
(a) General rule.--
This subchapter shall not apply to antique firearms.
(b) Exception.--
Subsection (a) shall not apply to the extent that such antique firearms, reproductions or replicas of firearms are concealed weapons as provided in section 6106 (relating to firearms not be carried without a license), nor shall it apply to the provisions of section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) if such antique firearms, reproductions or replicas of firearms are suitable for use.
(c) Definition.--
As used in this section, the term "antique firearm" means:
(1) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
(2) Any firearm manufactured on or before 1898.
(3) Any replica of any firearm described in paragraph (2) if such replica:
(i) is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(July 16, 1979, P.L.116, No.47, eff. 60 days; Dec. 20, 1983, P.L.291, No.78, eff. imd.; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)
Cross References.
Section 6118 is referred to in sections 6110.2, 6142 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6119 - Violation penalty

§ 6119. Violation penalty.
Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days)
Cross References.
Section 6119 is referred to in section 6111 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6120 - Limitation on the regulation of firearms and ammunition

§ 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--
No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
(a.2) Relief.--
(Unconstitutional).
(a.3) Reasonable expenses.--
(Unconstitutional).
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer."
The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms."
This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Person adversely affected."
(Unconstitutional).
"Political subdivision."
The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
"Reasonable expenses."
(Unconstitutional).
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.; Nov. 6, 2014, P.L.2921, No.192, eff. 60 days)
2016 Unconstitutionality.
Act 192 of 2014 was declared unconstitutional. Leach v. Commonwealth, 141 A.3d 426 (Pa. 2016). The Legislative Reference Bureau effectuated the 2016 unconstitutionality.
2014 Amendment.
Act 192 amended subsec. (b) and added subsecs. (a.2) and (a.3).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6121 - Certain bullets prohibited

§ 6121. Certain bullets prohibited.
(a) Offense defined.--
It is unlawful for any person to possess, use or attempt to use a KTW teflon-coated bullet or other armor-piercing ammunition while committing or attempting to commit a crime of violence as defined in section 6102 (relating to definitions).
(b) Grading.--
An offense under this section constitutes a felony of the third degree.
(c) Sentencing.--
Any person who is convicted in any court of this Commonwealth of a crime of violence and who uses or carries, in the commission of that crime, a firearm loaded with KTW ammunition or any person who violates this section shall, in addition to the punishment provided for the commission of the crime, be sentenced to a term of imprisonment for not less than five years. Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a crime subject to this subsection nor place him on probation nor shall the term of imprisonment run concurrently with any other term of imprisonment including that imposed for the crime in which the KTW ammunition was being used or carried. No person sentenced under this subsection shall be eligible for parole.
(d) Definition.--
As used in this section the term "armor-piercing ammunition" means ammunition which, when or if fired from any firearm as defined in section 6102 that is used or attempted to be used in violation of subsection (a) under the test procedure of the National Institute of Law Enforcement and Criminal Justice Standard for the Ballistics Resistance of Police Body Armor promulgated December 1978, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States Department of Justice and published in December of 1978.
(Dec. 21, 1984, P.L.1210, No.230, eff. imd.)
1984 Amendment.
Act 230 added section 6121.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6122 - Proof of license and exception

§ 6122. Proof of license and exception.
(a) General rule.--
When carrying a firearm concealed on or about one's person or in a vehicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to produce such license either at the time of arrest or at the preliminary hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--
An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)
1997 Amendment.
Act 5 amended subsec. (a).
1988 Amendment.
Act 158 added section 6122.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 61 - Firearms and Other Dangerous Articles › Section 6123 - Waiver of disability or pardons

§ 6123. Waiver of disability or pardons.
A waiver of disability from Federal authorities as provided for in 18 U.S.C. § 925 (relating to exceptions; relief from disabilities), a full pardon from the Governor or an overturning of a conviction shall remove any corresponding disability under this subchapter except the disability under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)
Cross References.
Section 6123 is referred to in section 6109 of this title.