HB 1070 - Child Firearms Safety Lock Mechanisms

[Brick]

See:
http://www.legis.state.pa.us/cfdocs/...type=B&BN=1070

PRINTER'S NO. 1252

THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL No. 1070 Session of 2009

INTRODUCED BY WATERS, YOUNGBLOOD, PARKER, M. O'BRIEN AND DENLINGER, MARCH 24, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2009

AN ACT

Providing for child firearm safety lock mechanisms.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Child Firearm Safety Lock Act.
Section 2. Purposes.
The purposes of this act are as follows:
(1) To promote the safe storage and use of handguns by consumers.
(2) To prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun.
(3) To avoid hindering industry from supplying law-abiding citizens with firearms for all lawful purposes, including hunting, self-defense, collecting and competitive or recreational shooting.
Section 3. Definitions.
As used in this act, the following words and phrases shall have the meanings given to them in this section:
"Licensee." Any licensed manufacturer, importer or dealer of firearms.
"Locking device." A device that, if installed on a firearm and secured by means of a key or a mechanically, electronically or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device or a locking mechanism incorporated into the design of a firearm that prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism.
Section 4. Locking device for firearms.
It shall be unlawful for any licensee to sell, deliver or transfer any firearm to any person other than another licensee unless the transferee is provided with or purchases a locking device for that firearm.
Section 5. Exceptions.
The following firearms are not subject to the provisions of this act:
(1) Firearms for transfer to or possession by any law enforcement officer employed by any Federal, State or local government entity or rail police employed and certified by a rail carrier as a police officer whether on or off duty.
(2) Firearms for transfer to any person if the firearm qualifies as an antique firearm under 18 Pa.C.S. § 6118 (relating to antique firearms).
(3) Firearms for transfer to any person for which a safety device is temporarily unavailable, provided that the licensed manufacturer, licensed importer or licensed dealer delivers to the transferee within 14 calendar days of the original date of the delivery of the firearm a safety device for the firearm.
Section 6. Penalties.
Failure to comply with the provisions of this act may result in:
(1) Suspension or revocation of any license issued to a licensee.
(2) A civil penalty for any licensee of not more than $10,000.
Section 7. Civil immunity.
A person who has lawful possession and control of a firearm and who uses a safety device with the firearm shall be entitled to immunity from civil liability for damages resulting from the criminal or unlawful misuse of the firearm by a third party if:
(1) the firearm was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the firearm to have access to it; and
(2) at the time access was gained by the person not so authorized, the firearm had been made inoperable by use of a safety device.
Section 8. Effective date.
This act shall take effect in 60 days.

Kinda stupid considering most firearms manufacturers have started voluntarily supplying a lock with thier guns.