For the Defense - Vol. 9, Issue 3 - 32

unloaded and the minor is transporting it for a lawful
purpose; or (2) who is lawfully hunting or trapping in
accordance with 34 Pa.C.S. (relating to game)30
Further, 18 Pa.C.S. § 6110.1 (c), subtitled " Responsibility of
Adult " , specifically provides for criminal liability for " [a]ny person
who knowingly and intentionally delivers or provides to the
minor a firearm in violation of subsection (a) " , stating that the
same adult individual shall thereunder commit a felony of the
third degree.31
Under the laws of Pennsylvania, to be criminally liable for a
minor child's possession or use of a firearm, the adult must
knowingly or intentionally " deliver " or " provide " the weapon
to the child in violation of the limited circumstances wherein a
minor is permitted to possess or use the firearm discussed above.
Once again, as with the above discussion relating to involuntary
manslaughter, the statute here impliedly requires specific action
on the part of the adult in knowingly or intentionally giving
a firearm to a child. Under current law, inaction, even careless
inaction in the form of a lack of secure storage does not qualify.
At trial under this section, the prosecution must show that the
defendant adult intentionally gave the firearm to the minor,
who then went on to use it in a fashion prohibited under Section
6110.1.
Of course, this argument only applies to potential criminal
penalties for the adult accused, whereas any alleged victims
or their families could pursue a civil lawsuit against the minor
offender's parents or guardians for negligently permitting access
to their firearms.
Finally, regarding potential punishment for minors taking
weapons to school, under Pennsylvania Act 26 of 1995 (24 P.S.
§ 13-1317.2), a student who brings a " weapon " to school can
face a range of severe punishments. Under the Act, any student
who possesses a weapon at school, a school event, or even while
traveling to or from school (on school transportation such as a
bus) can potentially be expelled from the school for one year or
more, with certain enumerated exceptions. Pursuant to the Act,
the student does not even have to use the weapon, but rather
can still be punished accordingly for carrying it on their person,
storing it in their locker or backpack, even if it is not their personal
property and they are claiming to be holding it for a friend.32
The Act defines a " weapon " as " any knife, cutting instrument,
cutting tool, nunchaku, firearm, shotgun, rifle and any other
tool, instrument or implement capable of inflicting serious
bodily harm. " While Act 26 is a " zero tolerance law " , mandating
severe punishment for any student found to be in violation, cases
brought under the Act are analyzed on a " case-by-case " basis
wherein the school superintendent can recommend less severe
punishment at a formal hearing.33
The Future for Pennsylvania
In response to the increasing frequency of these type of tragic
cases sweeping the nation, Pennsylvania lawmakers advanced
two new bills in November of 2023 aimed at these incidents.
The first, House Bill 941, seeks to create parental firearm liability
for minor's negligence or willful misconduct. When first referred
to the Judiciary Committee on April 17, 2023, the bill sought to
amend Title 18 of the Pennsylvania Consolidated Statutes by
32 For The Defense l Vol. 9, Issue 3
adding § 6129 entitled " Parental Firearm Liability for Minor's
Negligence or Willful Misconduct " , which states:
If a parent, guardian or other individual legally
responsible for a minor under 18 years of age permits
the minor to use or possess a firearm, any negligence
or willful misconduct of the minor in connection with
the use or possession of the firearm shall be imputed
to the individual who permits the use or possession
for all purposes of criminal penalties and civil
damages, and, notwithstanding any other provision
of law, that person is jointly and severally liable
with the minor for any and all damages caused by
the negligence or willful misconduct, if the parent,
guardian or other individual legally responsible for
the minor: (1) knows that the minor has previously
been adjudicated delinquent or has been convicted
of a criminal offense; (2) knows that the minor has a
propensity to commit violent acts; or (3) has reason
to know that the minor intends to use the firearm for
unlawful purposes.34
Following its initial submission to the Judiciary Committee,
the bill was amended to the version, which was submitted for
consideration on November 14, 2023, which seeks to amend
Title 42 (rather than Title 18) of the Pennsylvania Consolidated
Statutes to provide for similar parental liability by adding § 8323
also entitled " Parental Firearm Liability for Minor's Negligence or
Willful Misconduct " , and reads:
If a parent, guardian or other individual legally
responsible for a minor under 18 years of age permits
the minor to use or possess a firearm, notwithstanding
any other provision of law, that person is jointly and
severally liable for any and all damages caused by
the negligence or willful misconduct of the minor in
connection with the use or possession of the firearm
if the parent, guardian or other individual legally
responsible for the minor knows or has reason to
know that the minor: (1) has a propensity to commit
unlawful violent acts; (2) intends to use the firearm for
unlawful purposes; or (3) intends to deliver the firearm
to a person who cannot legally possess a firearm.35
The second piece of legislation, House Bill 1629, provides
for the offense of access to firearms by minors, and imposing
criminal penalties for the same. The bill amends Title 18 of the
Pennsylvania Consolidated Statutes by adding § 6302.1 entitled
" Access to Firearms by Minors " , which reads in relevant part:
(a) Storage requirements.--A person who stores or
leaves a firearm on premises under the person's
control and who knows or reasonably should know
that a minor is likely to gain access to the firearm
without the lawful permission of the minor's parent
or the person having charge of the minor shall keep
the firearm in a securely locked box or container or in
a location which a reasonable person would believe
to be secure.
(b) Grading. --A violation of subsection (a) that
results in a minor in possession of the firearm
constitutes: (1) A summary offense with no term of
imprisonment when the offense is a first offense.
For the Defense - Vol. 9, Issue 3

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