2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6108.2 - Relinquishment for consignment sale, lawful transfer or safekeeping.

     § 6108.2.  Relinquishment for consignment sale, lawful transfer
                or safekeeping.
        (a)  General rule.--Notwithstanding any other provision of
     law, a defendant who is the subject of a final protection from
     abuse order, which order provides for the relinquishment of
     firearms, other weapons or ammunition during the period of time
     the order is in effect, may, within the time frame specified in
     the order and in lieu of relinquishment to the sheriff,
     relinquish to a dealer licensed pursuant to 18 Pa.C.S. § 6113
     (relating to licensing of dealers) any firearms, other weapons
     or ammunition for consignment sale, lawful transfer or
     safekeeping.
        (b)  Affidavit.--A defendant relinquishing firearms, other
     weapons or ammunition to a dealer pursuant to subsection (a)
     shall obtain an affidavit from the dealer on a form prescribed
     by the Pennsylvania State Police which shall include, at a
     minimum, the following:
            (1)  The caption of the case in which the protection from
        abuse order was issued.
            (2)  The name, address, date of birth and Social Security
        number of the defendant.
            (3)  A list of the firearms, other weapons or ammunition,
        including, if applicable, the manufacturer, model and serial
        number.
            (4)  The name and license number of the dealer licensed
        pursuant to 18 Pa.C.S. § 6113 and the address of the licensed
        premises.
            (5)  An acknowledgment that the firearms, other weapons
        or ammunition will not be returned to the defendant or sold
        or transferred to a person the dealer knows is a member of
        the defendant's household, while the defendant is the subject
        of an active protection from abuse order pursuant to section
        6108, which order provides for the relinquishment of the
        firearm, other weapon or ammunition being returned, sold or
        transferred.
            (6)  An acknowledgment that the firearms, other weapons
        or ammunition, if sold or transferred, will be sold or
        lawfully transferred in compliance with 18 Pa.C.S. Ch. 61
        (relating to firearms and other dangerous articles).
        (c)  Failure to provide affidavit.--A defendant relinquishing
     firearms, other weapons or ammunition to a dealer pursuant to
     subsection (a) shall, within the time frame specified in the
     order for relinquishing firearms, other weapons or ammunition,
     provide to the sheriff the affidavit obtained pursuant to
     subsection (b) and relinquish to the sheriff any firearms, other
     weapons or ammunition ordered to be relinquished which are not
     specified in the affidavit, in an affidavit provided in
     accordance with section 6108(a)(7)(i)(B) (relating to relief) or
     in an acknowledgment of receipt from a third party provided to
     the sheriff pursuant to section 6108.3 (relating to
     relinquishment to third party for safekeeping). If the defendant
     fails to comply with this subsection, the sheriff shall, at a
     minimum, provide immediate notice to the court, the plaintiff
     and appropriate law enforcement agencies.
        (d)  Form.--The Pennsylvania State Police shall develop and
     make available a form to be used by dealers to accept possession
     of firearms, other weapons and ammunition for consignment sale,
     lawful transfer or safekeeping pursuant to this section.
        (e)  Transfer upon entry of final order.--Upon entry of a
     final protection from abuse order issued pursuant to section
     6108, which order provides for the relinquishment of firearms,
     other weapons or ammunition during the period of time the order
     is in effect, a defendant who had relinquished firearms, other
     weapons or ammunition to the sheriff pursuant to a temporary
     order may request that the firearms, other weapons or ammunition
     be relinquished to a dealer for consignment sale, lawful
     transfer or safekeeping pursuant to this section. If the
     defendant can identify a licensed dealer willing to accept the
     firearms, other weapons or ammunition in compliance with this
     section, the court shall order the sheriff to transport the
     firearms, other weapons or ammunition to the licensed dealer at
     no cost to the defendant or the licensed dealer.
        (f)  Nondisclosure.--The affidavit obtained under subsection
     (c) shall not be subject to access under the act of June 21,
     1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
        (g)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Safekeeping."  The secure custody of firearms, other weapons
     or ammunition ordered relinquished by an active protection from
     abuse order.
        "Sale or lawful transfer."  Any sale or transfer to a person
     other than the defendant or a member of the defendant's
     household which is conducted in accordance with 18 Pa.C.S. Ch.
     61 (relating to firearms and other dangerous articles).
     (Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

        2005 Amendment.  Act 66 added section 6108.2.
        References in Text.  The act of June 21, 1957 (P.L.390,
     No.212), referred to as the Right-to-Know Law, referred to in
     subsec. (f), was repealed by the act of February 14, 2008
     (P.L.6, No.3), known as the Right-to-Know Law.
        Cross References.  Section 6108.2 is referred to in sections
     6108, 6108.3 of this title; sections 6105, 6106 of Title 18
     (Crimes and Offenses).