For the Defense - Vol. 5, Issue 1 - 28

police services to a political subdivision or, in the
absence of any such municipal law enforcement
agency, the Pennsylvania State Police installation
that regularly provides primary police services to
the political subdivision.24 In lay terms, any legal
municipal police department, or State Police
barracks, are able to accept firearms. While county
sheriff departments would not meet the definition
of an "appropriate law enforcement agency" for
relinquishment, provisions in Section 6105 and the
Domestic Relations code allow for surrender to
a county sheriff; so, it is safe to assume a sheriff
office would be an acceptable agency to relinquish
firearms to under Section 6105.2.
Upon relinquishment to the law enforcement
agency, the agency shall make a written receipt
containing a "detailed description" of each firearm
and the condition in which they were received.25
This receipt must be provided to the person subject
to the relinquishment order.26
Although firearms surrendered to law
enforcement are no longer in possession of your
clients, they may still be transferred to a firearms
dealer for further disposition which will be
discussed in the next section.27
Interestingly, Section 6105.2 does not limit
relinquishment to the police department where
the disqualified person resides. Let's say your client
resides in Chester County, but the disqualifying
domestic violence conviction occurs in Lycoming
County where client keeps a hunting rifle in their
summer cabin. At time of conviction, the client can
specify to the court they will turn the rifle into the
City of Reading Police within 24 hours of conviction.
Or, they can choose to surrender the rifle to the
State Police Troop E Barracks covering a jurisdiction
in Venango County. The practical implication is
relatively limited but may be pertinent if the court is
unwilling to extend the window for relinquishment
for cause and the firearms are located far from your
client's primary county of residence.

Surrender to Firearms Dealer
Alternatively, firearms may be surrendered to
a firearms dealer who is licensed under Section
6113 of the Firearms Act.28 This process requires
more effort on behalf of the person relinquishing
firearms and will potentially incur additional costs.
Once convicted, the defendant designates
the manner in which the firearms are going to
be relinquished.29 He or she must then take the
firearms for relinquishment within 24 hours of the
28

For The Defense l Vol. 5, Issue 1

court order, or the specified time the court may
order for "cause shown."30 After surrendering
firearms to the dealer, the dealer must provide
an affidavit to your client on a standard form
"prescribed by the Pennsylvania State Police
(Form SP 4-383A (4-2019), available online at
www.psp.gov)."31 Your client must provide this
affidavit to the appropriate law enforcement
agency, sheriff's office, or both, if ordered.32 If there
are any firearms not relinquished to a dealer, those
firearms must be relinquished to the appropriate
law enforcement agency within the ordered time
period.33 Finally, licenses to carry firearms may
not be transferred to a dealer-they must be
surrendered to an appropriate law enforcement
agency or sheriff office.34

Even if firearms are relinquished to law
enforcement, they may still be transferred to a
firearms dealer under Sections 6105.2 and 6113.35
However, there are limitations to this transfer. First,
the transfer must be requested within six months of
relinquishment to law enforcement.36 If transferred
to a dealer, the person requesting the transfer must
still provide the dealer relinquishment affidavit to
the appropriate law enforcement agency or sheriff
office as if relinquished to a dealer in the first
place.37 Finally, if all these conditions are met, the
law enforcement agency shall make the transfer, but
may charge the person for any costs incurred by the
agency making the transfer.38 What may be charged
is not specified in the statute and seems to be left for
the law enforcement agency to set for themselves.

Disposition of Firearms
In addition to the new relinquishment
requirements of Section 6105.2, Act 79 created
a new provision describing the process by which
relinquished firearms may be disposed of by the
custodian of the firearms.
Within one year of relinquishment of firearms
to a custodian,39 the custodian may dispose of the
firearms unless the lawful owner, his or her attorney,
or a duly appointed representative requests in
writing for the return or disposal of firearms.40
Before disposing of the firearms, the custodian must
send a written notice via certified mail to either the
address where the relinquishing person is known by
the custodian to reside, the relinquishing person's
last known address, the address used at the time of
relinquishment, or an address found by searching
Commonwealth databases.41 If no response is
received in twenty days, the custodian can dispose
the firearms, weapons, or ammunition under the
rules of the statute.42


https://www.psp.pa.gov/Pages/default.aspx

For the Defense - Vol. 5, Issue 1

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 1

Contents
For the Defense - Vol. 5, Issue 1 - 1
For the Defense - Vol. 5, Issue 1 - 2
For the Defense - Vol. 5, Issue 1 - Contents
For the Defense - Vol. 5, Issue 1 - 4
For the Defense - Vol. 5, Issue 1 - 5
For the Defense - Vol. 5, Issue 1 - 6
For the Defense - Vol. 5, Issue 1 - 7
For the Defense - Vol. 5, Issue 1 - 8
For the Defense - Vol. 5, Issue 1 - 9
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For the Defense - Vol. 5, Issue 1 - 11
For the Defense - Vol. 5, Issue 1 - 12
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For the Defense - Vol. 5, Issue 1 - 15
For the Defense - Vol. 5, Issue 1 - 16
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For the Defense - Vol. 5, Issue 1 - 18
For the Defense - Vol. 5, Issue 1 - 19
For the Defense - Vol. 5, Issue 1 - 20
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For the Defense - Vol. 5, Issue 1 - 22
For the Defense - Vol. 5, Issue 1 - 23
For the Defense - Vol. 5, Issue 1 - 24
For the Defense - Vol. 5, Issue 1 - 25
For the Defense - Vol. 5, Issue 1 - 26
For the Defense - Vol. 5, Issue 1 - 27
For the Defense - Vol. 5, Issue 1 - 28
For the Defense - Vol. 5, Issue 1 - 29
For the Defense - Vol. 5, Issue 1 - 30
For the Defense - Vol. 5, Issue 1 - 31
For the Defense - Vol. 5, Issue 1 - 32
For the Defense - Vol. 5, Issue 1 - 33
For the Defense - Vol. 5, Issue 1 - 34
For the Defense - Vol. 5, Issue 1 - 35
For the Defense - Vol. 5, Issue 1 - 36
For the Defense - Vol. 5, Issue 1 - 37
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For the Defense - Vol. 5, Issue 1 - 39
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For the Defense - Vol. 5, Issue 1 - 41
For the Defense - Vol. 5, Issue 1 - 42
For the Defense - Vol. 5, Issue 1 - 43
For the Defense - Vol. 5, Issue 1 - 44
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
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