2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6108.3 - Relinquishment to third part for safekeeping.

     § 6108.3.  Relinquishment to third party for safekeeping.
        (a)  General rule.--A defendant who is the subject of a
     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 any firearms, other weapons or
     ammunition to a third party for safekeeping.
        (b)  Transfer to third party.--
            (1)  A defendant wishing to relinquish firearms, other
        weapons or ammunition to a third party pursuant to subsection
        (a) shall, within the time frame specified in the order for
        relinquishing firearms, other weapons and ammunition, report
        to the sheriff's office in the county where the order was
        entered along with the third party.
            (2)  Upon determination by the sheriff that the third
        party is not prohibited from possessing firearms, other
        weapons or ammunition pursuant to any Federal or State law
        and after the defendant and third party have executed the
        affidavits required under paragraph (3), the sheriff shall
        issue a safekeeping permit to the third party, which shall
        include, at a minimum, a list of the firearms, other weapons
        and ammunition which will be relinquished to the third party.
        The permit shall be issued at no cost to the third party or
        defendant. The permit shall require the third party to
        possess the defendant's firearms, other weapons and
        ammunition until the time that:
                (i)  the sheriff revokes the safekeeping permit
            pursuant to subsection (c)(1); or
                (ii)  the sheriff accepts return of the safekeeping
            permit pursuant to subsection (d).
            (3)  (i)  A defendant wishing to relinquish firearms,
            other weapons or ammunition to a third party pursuant to
            subsection (a) shall, in the presence of the sheriff or
            the sheriff's designee, execute an affidavit on a form
            prescribed by the Pennsylvania State Police which shall
            include, at a minimum, the following:
                    (A)  The caption of the case in which the
                protection from abuse order was issued.
                    (B)  The name, address, date of birth and the
                Social Security number of the defendant.
                    (C)  The name, address and date of birth of the
                third party.
                    (D)  A list of the firearms, other weapons and
                ammunition which will be relinquished to the third
                party, including, if applicable, the manufacturer,
                model and serial number.
                    (E)  An acknowledgment that the defendant will
                not take possession of any firearm, other weapon or
                ammunition relinquished to the third party until the
                sheriff accepts return of the safekeeping permit
                pursuant to subsection (d).
                    (F)  A plain-language summary of 18 Pa.C.S. §
                6105(a.1)(2) and (c)(6) (relating to persons not to
                possess, use, manufacture, control, sell or transfer
                firearms).
                    (G)  A plain-language summary of 18 U.S.C. §
                922(g)(8) (relating to unlawful acts).
                (ii)  A third party who will be accepting possession
            of firearms, other weapons and ammunition pursuant to
            subsection (a) shall, in the presence of the sheriff or
            the sheriff's designee, execute an affidavit on a form
            prescribed by the Pennsylvania State Police which shall
            include, at a minimum, the following:
                    (A)  The caption of the case in which the
                protection from abuse order was issued.
                    (B)  The name, address and date of birth of the
                defendant.
                    (C)  The name, address, date of birth and the
                Social Security number of the third party.
                    (D)  A list of the firearms, other weapons and
                ammunition which will be relinquished to the third
                party, including, if applicable, the manufacturer,
                model and serial number.
                    (E)  An acknowledgment that no firearm, other
                weapon or ammunition relinquished to the third party
                will be returned to the defendant until the sheriff
                accepts return of the safekeeping permit pursuant to
                subsection (d).
                    (F)  A plain-language summary of 18 Pa.C.S. §§
                6105(a.1)(5) and (c)(6), 6111(c) (relating to sale or
                transfer of firearms) and 6115 (relating to loans on,
                or lending or giving firearms prohibited).
                    (G)  A plain-language summary of this section.
                    (H)  An acknowledgment that the third party is
                not prohibited from possessing firearms, other
                weapons or ammunition pursuant to any Federal or
                State law.
                    (I)  An acknowledgment that the third party is
                not subject to an active protection from abuse order.
                    (J)  An acknowledgment that the defendant has
                never been the subject of a protection from abuse
                order issued on behalf of the third party.
                    (K)  An acknowledgment that any firearms, other
                weapons and ammunition relinquished to the third
                party will be stored using a locking device as
                defined in paragraph (1) of the definition of
                "locking device" in 18 Pa.C.S. § 6142(f) (relating to
                locking device for firearms) or in a secure location
                to which the defendant does not have access.
                    (L)  A detailed description of the third party
                liability pursuant to this section relating to civil
                liability.
                    (M)  An acknowledgment that the third party shall
                inform the sheriff of any change of address for the
                third party within seven days of the change of
                address.
            (4)  The defendant shall, within the time frame specified
        in the order and in lieu of relinquishment to the sheriff,
        relinquish the firearms, other weapons and ammunition
        specified in the affidavits provided to the sheriff pursuant
        to paragraph (3) to the third party who has been issued a
        safekeeping permit pursuant to paragraph (2). Upon
        relinquishment of the firearms to the third party, the third
        party shall sign an acknowledgment of receipt on a form
        prescribed by the Pennsylvania State Police, which shall
        include, at a minimum, an acknowledgment that the firearms
        were relinquished to the third party within the time frame
        specified in the order.
            (5)  Within 24 hours of the issuance of the safekeeping
        permit issued to the third party pursuant to paragraph (2) or
        by close of the next business day as necessary due to the
        closure of the sheriff's office, the defendant shall return
        the signed acknowledgment of receipt required under paragraph
        (4) to the sheriff in the county where the order was entered.
            (6)  If the defendant fails to provide the acknowledgment
        of receipt to the sheriff as required under paragraph (5), an
        affidavit prepared in accordance with section
        6108(a)(7)(i)(B) (relating to relief), an affidavit under
        section 6108.2 (relating to relinquishment for consignment
        sale, lawful transfer or safekeeping) or fails to relinquish
        any firearms, other weapons or ammunition, the sheriff shall,
        at a minimum, provide immediate notice to the court, the
        plaintiff and appropriate law enforcement agencies.
        (c)  Revocation of safekeeping permit.--
            (1)  The sheriff shall revoke a third party's safekeeping
        permit and require the third party to relinquish to the
        sheriff any firearms, other weapons or ammunition which were
        relinquished to the third party by a defendant pursuant to
        subsection (a) upon determining or being notified that any of
        the following apply:
                (i)  A protection from abuse order has been entered
            against the third party.
                (ii)  The third party is prohibited from possessing
            firearms, other weapons or ammunition pursuant to any
            Federal or State law.
                (iii)  The defendant has been convicted of a
            violation of 18 Pa.C.S. Ch. 61 (relating to firearms and
            other dangerous articles) or any other offense involving
            the use of a firearm.
                (iv)  The defendant has been held in indirect
            criminal contempt for violating a provision of the
            protection from abuse order consistent with section
            6108(a)(1), (2), (6), (7) or (9) (relating to relief).
            (2)  Upon revocation of a safekeeping permit, the sheriff
        shall seize the safekeeping permit and all of the defendant's
        firearms, other weapons and ammunition which were
        relinquished to the third party. If revocation of the
        safekeeping permit was:
                (i)  Required pursuant to paragraph (1)(i) or (ii),
            the sheriff shall notify the defendant that the firearms,
            other weapons and ammunition which were relinquished to
            the third party are in the sheriff's possession and that
            the defendant may report to the sheriff's office in order
            to relinquish the firearms, other weapons and ammunition
            to a subsequent third party pursuant to this section or
            to a licensed dealer pursuant to section 6108.2.
                (ii)  Required pursuant to paragraph (1)(iii) or
            (iv), the sheriff shall maintain possession of the
            firearms, other weapons and ammunition until the
            defendant is no longer prohibited from possessing
            firearms, other weapons and ammunition pursuant to any
            Federal or State law unless:
                    (A)  the defendant has the firearms, other
                weapons and ammunition relinquished to a licensed
                dealer pursuant to section 6108.2; or
                    (B)  the sheriff is directed to relinquish the
                firearms, other weapons and ammunition pursuant to a
                court order.
        (d)  Return of safekeeping permit.--
            (1)  Following expiration of a protection from abuse
        order, which order provided for the relinquishment of
        firearms, other weapons or ammunition, the defendant and the
        third party shall report to the sheriff's office to return
        the safekeeping permit. Upon a determination by the sheriff
        that the defendant is:
                (i)  Not prohibited from possessing firearms, other
            weapons and ammunition, the sheriff shall accept the
            return of the safekeeping permit, and the third party
            shall relinquish to the defendant all of the defendant's
            firearms, other weapons and ammunition which were
            relinquished to the third party pursuant to this section.
                (ii)  Prohibited from possessing a firearm, other
            weapon or ammunition pursuant to any Federal or State
            law, the sheriff shall accept return of the permit and
            seize from the third party all of the defendant's
            firearms, other weapons and ammunition which were
            relinquished to the third party pursuant to this section.
            The sheriff shall return to the defendant any firearm,
            other weapon or ammunition which the defendant is
            lawfully entitled to possess.
            (2)  Upon issuance of a court order pursuant to 18
        Pa.C.S. §§ 6105(f)(2) or 6108.1(b) (relating to return of
        relinquished firearms, other weapons and ammunition and
        additional relief) which modifies a valid protection from
        abuse order by allowing the defendant to take possession of a
        firearm, other weapon or ammunition that had previously been
        ordered relinquished, the defendant and the third party shall
        report to the sheriff's office to return the safekeeping
        permit. The sheriff shall proceed as directed by the court
        order.
            (3)  If a third party wishes to relinquish the
        defendant's firearms, other weapons and ammunition prior to
        return of the safekeeping permit pursuant to paragraph (1),
        the sheriff shall accept return of the safekeeping permit and
        shall seize all of the defendant's firearms, other weapons
        and ammunition from the third party. The sheriff shall notify
        the defendant that the firearms, other weapons and ammunition
        which were relinquished to the third party are in the
        sheriff's possession and that the defendant may relinquish
        the firearms, other weapons and ammunition to a subsequent
        third party pursuant to this section or to a licensed dealer
        pursuant to section 6108.2.
        (e)  Civil liability.--A third party who intentionally or
     knowingly violates any of the provisions of this section shall,
     in addition to any other penalty prescribed in this chapter or
     18 Pa.C.S. Ch. 61, be civilly liable to any person for any
     damages caused thereby and, in addition, shall be liable to any
     person for punitive damages in an amount not to exceed $5,000,
     and the court shall award a prevailing plaintiff a reasonable
     attorney fee as part of the costs.
        (f)  Forms.--The Pennsylvania State Police shall develop and
     make available:
            (1)  Forms to be used by sheriffs to issue safekeeping
        permits pursuant to subsection (b)(2).
            (2)  Affidavit forms and receipt forms to be used by
        defendants and third parties as required under subsection
        (b)(3) and (4).
        (g)  Transfer upon final entry.--A defendant who has
     previously relinquished firearms, other weapons or ammunition to
     the sheriff pursuant to a temporary order shall be permitted to
     have the firearms, other weapons and ammunition relinquished to
     a third party pursuant to this section following entry 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.
        (h)  Nondisclosure.--All copies of the safekeeping permit
     issued under subsection (b)(2) retained by the sheriff and the
     affidavits and forms obtained under subsection (b)(3) and (4)
     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.
        (i)  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 which were ordered relinquished by an active
     protection from abuse order.
        "Third party."  A person, other than the defendant, who:
            (1)  Is not a member of the defendant's household.
            (2)  Is not prohibited from possessing firearms pursuant
        to any Federal or State law.
     (Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

        2005 Amendment.  Act 66 added section 6108.3.
        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. (h), was repealed by the act of February 14, 2008
     (P.L.6, No.3), known as the Right-to-Know Law.
        Cross References.  Section 6108.3 is referred to in sections
     6107, 6108, 6108.2 of this title; sections 6105, 6106, 6115 of
     Title 18 (Crimes and Offenses).