Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB355

Introduced
3/13/23  

Caption

In firearms and other dangerous articles, further providing for sale or transfer of firearms, for duties of the Pennsylvania State Police and for altering or obliterating marks of identification and providing for destruction of confiscated or recovered firearms.

Impact

The introduction of HB 355 significantly alters how Pennsylvania law handles confiscated firearms. By formally establishing a timeline for the destruction of such items after efforts to return them have failed, the bill proposes a more definitive process that aims to streamline the management of recovered firearms. This change is expected to relieve law enforcement agencies from the ongoing burden of maintaining firearms that cannot be returned to their owners, thus also reducing potential liabilities associated with their storage and management.

Summary

House Bill 355 seeks to amend Title 18 of the Pennsylvania Consolidated Statutes in relation to the sale and transfer of firearms, and specifically addresses the duties of the Pennsylvania State Police concerning confiscated or recovered firearms. The bill mandates that if law enforcement does not succeed in identifying the lawful owner of a confiscated firearm within a set timeframe, or if the identified owner is banned from possessing the firearm, the item must be destroyed. This move marks a significant position on firearm regulation by ensuring that unclaimed or prohibited firearms do not remain in the possession of law enforcement indefinitely.

Sentiment

The sentiment surrounding HB 355 appears mixed. Supporters argue that the bill is a proactive step towards responsible firearm management, ensuring that firearms that cannot be rightfully owned are effectively taken out of circulation, thereby enhancing public safety. Critics, however, express concerns over the potential for mishandling or rapid destruction of firearms that might still belong to lawful owners or those undergoing due process. Thus, the debate encapsulates broader tensions within gun control discussions, emphasizing the balance between effective law enforcement and rights of ownership.

Contention

A notable point of contention lies in the section that mandates the destruction of firearms within a strict timeline. Opponents contend that the 120-day period to identify lawful ownership may be insufficient for cases involving prolonged investigations or legal complexities. Additionally, there might be objections related to due process for individuals who may not have immediate access to claim confiscated firearms. This could lead to calls for amendments that extend the time frame or enhance transparency in how confiscated firearms are handled prior to destruction.

Companion Bills

No companion bills found.

Previously Filed As

PA HB604

In firearms and other dangerous articles, further providing for sale or transfer of firearms, for duties of the Pennsylvania State Police and for the offense of altering or obliterating marks of identification and providing for destruction of confiscated or recovered firearms.

PA HB1051

In firearms and other dangerous articles, further providing for sale or transfer of firearms, for Pennsylvania State Police and for firearm sales surcharge.

PA HB1891

In firearms and other dangerous articles, further providing for sale or transfer of firearms.

PA SB208

In firearms and other dangerous articles, further providing for sale or transfer of firearms.

PA HB1612

In firearms and other dangerous articles, further providing for definitions, for persons not to possess, use, manufacture, control, sell or transfer firearms, for sale or transfer of firearms and for Pennsylvania State Police.

PA HB483

In firearms and other dangerous articles, further providing for sale or transfer of firearms.

PA SB209

In firearms and other dangerous articles, further providing for licenses, providing for liability insurance and further providing for sale or transfer of firearms.

PA HB1747

In firearms and other dangerous articles, further providing for definitions and for sale or transfer of firearms.

PA SB1137

In firearms and other dangerous articles, further providing for Pennsylvania State Police.

PA SB47

In firearms and other dangerous articles, further providing for the offense of sale or transfer of firearms.

Similar Bills

PA HB179

Authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.

PA SB463

Authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.

PA HB552

Providing for the Pennsylvania Amber Alert System, the Missing Endangered Person Advisory System and the Green Alert System and for duties of the Pennsylvania State Police; assessing costs; providing for immunity and penalties; and making a repeal.

PA SB307

Establishing the Pennsylvania Purple Alert System; and further providing for immunity.

PA SB358

Establishing the Pennsylvania Green Alert System; and further providing for immunity.

PA HR136

Directing the Joint State Government Commission to conduct a study and establish an advisory committee to determine the impact on Pennsylvania taxpayers of Pennsylvania State Police full or partial police services for municipalities that do not maintain full police coverage.

PA HB553

Authorizing the Department of General Services, with the approval of the Governor, to grant and convey to Susquehanna Regional Transportation Authority certain lands situate in the City of Harrisburg, Dauphin County; authorizing the transfer of an easement interest in lands for a portion of the Project 70 lands owned by the Pennsylvania Fish and Boat Commission, known as Lake Winola Access, in Overfield Township, Wyoming County, to the Department of Transportation; authorizing the Department of General Services, with the approval of the Governor and the Department of Military and Veterans Affairs, to convey to Tioga County a tract of land, and to accept a tract of land from Tioga County, both tracts being located in Charleston Township, Tioga County; and authorizing the Department of General Services, on behalf of the Commonwealth of Pennsylvania, with the approval of the Department of Conservation and Natural Resources and the Governor, to grant and convey to the Commonwealth of Pennsylvania, solely for the use of the Pennsylvania Game Commission, a parcel in Lehigh Township, Carbon County, in exchange for a tract partly in Nesquehoning Borough and partly in Lehigh Township, Carbon County, to be conveyed to the Commonwealth of Pennsylvania, acting by and through the Department of Conservation and Natural Resources and added to Lehigh Gorge State Park.

PA HR356

Designating December 27 , 2025, as "Pennsylvania Elk Hunt Day" in Pennsylvania.