Bill Text: PA HB2127 | 2011-2012 | Regular Session | Introduced


Bill Title: Further providing for definitions, for licenses, for sale or transfer of firearms, for Pennsylvania State Police, for firearm sales surcharge, for the Firearm Records Check Fund, for licensing of dealers, for administrative regulations and for the Firearms Background Check Advisory Committee.

Spectrum: Moderate Partisan Bill (Republican 45-13)

Status: (Introduced - Dead) 2012-01-17 - Referred to JUDICIARY [HB2127 Detail]

Download: Pennsylvania-2011-HB2127-Introduced.html

  

 

    

PRINTER'S NO.  2957

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2127

Session of

2012

  

  

INTRODUCED BY KRIEGER, SACCONE, GABLER, METCALFE, PERRY, LAWRENCE, TURZAI, TALLMAN, HUTCHINSON, KAUFFMAN, HARHAI, MILLARD, COHEN, DALEY, GRELL, GROVE, EVERETT, HARHART, WHITE, CAUSER, DENLINGER, ELLIS, MAHER, PICKETT, PETRARCA, MARSHALL, SWANGER, NEUMAN, QUINN, CUTLER, STEVENSON, CREIGHTON, STERN, BLOOM AND GIBBONS, JANUARY 17, 2012

  

  

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 17, 2012  

  

  

  

AN ACT

  

1

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

2

Consolidated Statutes, further providing for definitions, for

3

licenses, for sale or transfer of firearms, for Pennsylvania

4

State Police, for firearm sales surcharge, for the Firearm

5

Records Check Fund, for licensing of dealers, for

6

administrative regulations and for the Firearms Background

7

Check Advisory Committee.

8

The General Assembly of the Commonwealth of Pennsylvania

9

hereby enacts as follows:

10

Section 1.  Section 6102 of Title 18 of the Pennsylvania

11

Consolidated Statutes is amended by adding a definition to read:

12

§ 6102.  Definitions.

13

Subject to additional definitions contained in subsequent

14

provisions of this subchapter which are applicable to specific

15

provisions of this subchapter, the following words and phrases,

16

when used in this subchapter shall have, unless the context

17

clearly indicates otherwise, the meanings given to them in this

18

section:

 


1

* * *

2

"NICS."  The National Instant Criminal Background Check

3

System maintained by the Federal Bureau of Investigation in

4

accordance with the Brady Handgun Violence Prevention Act

5

(Public Law 103-159, 107 Stat. 1536).

6

 * * *

7

Section 2.  Sections 6109(d)(5) and 6111(a), (b), (f), (g)(3)

8

and (j) of Title 18 are amended to read:

9

§ 6109.  Licenses.

10

* * *

11

(d)  Sheriff to conduct investigation.--The sheriff to whom

12

the application is made shall:

13

* * *

14

(5)  [conduct a criminal background, juvenile delinquency

15

and mental health check following the procedures set forth in

16

section 6111 (relating to sale or transfer of firearms),

17

receive a unique approval number for that inquiry and record

18

the date and number on the application] contact the NICS and

19

comply with the requirements of 18 U.S.C. § 922(t) (relating

20

to unlawful acts).

21

* * *

22

§ 6111.  Sale or transfer of firearms.

23

[(a)  Time and manner of delivery.--

24

(1)  Except as provided in paragraph (2), no seller shall

25

deliver a firearm to the purchaser or transferee thereof

26

until 48 hours shall have elapsed from the time of the

27

application for the purchase thereof, and, when delivered,

28

the firearm shall be securely wrapped and shall be unloaded.

29

(2)  Thirty days after publication in the Pennsylvania

30

Bulletin that the Instantaneous Criminal History Records

- 2 -

 


1

Check System has been established in accordance with the

2

Brady Handgun Violence Prevention Act (Public Law 103-159, 18

3

U.S.C. § 921 et seq.), no seller shall deliver a firearm to

4

the purchaser thereof until the provisions of this section

5

have been satisfied, and, when delivered, the firearm shall

6

be securely wrapped and shall be unloaded.]

7

(b)  Duty of seller.--No licensed importer, licensed

8

manufacturer or licensed dealer shall sell or deliver any

9

firearm to another person, other than a licensed importer,

10

licensed manufacturer, licensed dealer or licensed collector,

11

[until the conditions of subsection (a) have been satisfied and]

12

until he has:

13

[(1)  For purposes of a firearm as defined in section

14

6102 (relating to definitions), obtained a completed

15

application/record of sale from the potential buyer or

16

transferee to be filled out in triplicate, the original copy

17

to be sent to the Pennsylvania State Police, postmarked via

18

first class mail, within 14 days of the sale, one copy to be

19

retained by the licensed importer, licensed manufacturer or

20

licensed dealer for a period of 20 years and one copy to be

21

provided to the purchaser or transferee. The form of this

22

application/record of sale shall be no more than one page in

23

length and shall be promulgated by the Pennsylvania State

24

Police and provided by the licensed importer, licensed

25

manufacturer or licensed dealer. The application/record of

26

sale shall include the name, address, birthdate, gender,

27

race, physical description and Social Security number of the

28

purchaser or transferee, the date of the application and the

29

caliber, length of barrel, make, model and manufacturer's

30

number of the firearm to be purchased or transferred. The

- 3 -

 


1

application/record of sale shall also contain the following

2

question:

3

Are you the actual buyer of the firearm(s), as defined

4

under 18 Pa.C.S. § 6102 (relating to definitions), listed

5

on this application/record of sale? Warning: You are not

6

the actual buyer if you are acquiring the firearm(s) on

7

behalf of another person, unless you are legitimately

8

acquiring the firearm as a gift for any of the following

9

individuals who are legally eligible to own a firearm:

10

(1)  spouse;

11

(2)  parent;

12

(3)  child;

13

(4)  grandparent; or

14

(5)  grandchild.

15

(1.1)  On the date of publication in the Pennsylvania

16

Bulletin of a notice by the Pennsylvania State Police that

17

the instantaneous records check has been implemented, all of

18

the following shall apply:

19

(i)  In the event of an electronic failure under

20

section 6111.1(b)(2) (relating to Pennsylvania State

21

Police) for purposes of a firearm which exceeds the

22

barrel and related lengths set forth in section 6102,

23

obtained a completed application/record of sale from the

24

potential buyer or transferee to be filled out in

25

triplicate, the original copy to be sent to the

26

Pennsylvania State Police, postmarked via first class

27

mail, within 14 days of sale, one copy to be retained by

28

the licensed importer, licensed manufacturer or licensed

29

dealer for a period of 20 years and one copy to be

30

provided to the purchaser or transferee.

- 4 -

 


1

(ii)  The form of the application/record of sale

2

shall be no more than one page in length and shall be

3

promulgated by the Pennsylvania State Police and provided

4

by the licensed importer, licensed manufacturer or

5

licensed dealer.

6

(iii)  For purposes of conducting the criminal

7

history, juvenile delinquency and mental health records

8

background check which shall be completed within ten days

9

of receipt of the information from the dealer, the

10

application/record of sale shall include the name,

11

address, birthdate, gender, race, physical description

12

and Social Security number of the purchaser or transferee

13

and the date of application.

14

(iv)  No information regarding the type of firearm

15

need be included other than an indication that the

16

firearm exceeds the barrel lengths set forth in section

17

6102.

18

(v)  Unless it has been discovered pursuant to a

19

criminal history, juvenile delinquency and mental health

20

records background check that the potential purchaser or

21

transferee is prohibited from possessing a firearm

22

pursuant to section 6105 (relating to persons not to

23

possess, use, manufacture, control, sell or transfer

24

firearms), no information on the application/record of

25

sale provided pursuant to this subsection shall be

26

retained as precluded by section 6111.4 (relating to

27

registration of firearms) by the Pennsylvania State

28

Police either through retention of the application/record

29

of sale or by entering the information onto a computer,

30

and, further, an application/record of sale received by

- 5 -

 


1

the Pennsylvania State Police pursuant to this subsection

2

shall be destroyed within 72 hours of the completion of

3

the criminal history, juvenile delinquency and mental

4

health records background check.

5

(1.2)  Fees collected under paragraph (3) and section

6

6111.2 (relating to firearm sales surcharge) shall be

7

transmitted to the Pennsylvania State Police within 14 days

8

of collection.]

9

(1)  (Reserved).

10

(1.1)  (Reserved).

11

(1.2)  Reserved).

12

(1.3)  In addition to the criminal penalty under section

13

6119 (relating to violation penalty), any person who

14

knowingly and intentionally [maintains or fails to destroy

15

any information submitted to the Pennsylvania State Police

16

for purposes of a background check pursuant to paragraphs

17

(1.1) and (1.4) or] violates section 6111.4 shall be subject

18

to a civil penalty of $250 per violation. [, entry or failure

19

to destroy.

20

(1.4)  Following implementation of the instantaneous

21

records check by the Pennsylvania State Police on or before

22

December 1, 1998, no application/record of sale shall be

23

completed for the purchase or transfer of a firearm which

24

exceeds the barrel lengths set forth in section 6102. A

25

statement shall be submitted by the dealer to the

26

Pennsylvania State Police, postmarked via first class mail,

27

within 14 days of the sale, containing the number of firearms

28

sold which exceed the barrel and related lengths set forth in

29

section 6102, the amount of surcharge and other fees remitted

30

and a list of the unique approval numbers given pursuant to

- 6 -

 


1

paragraph (4), together with a statement that the background

2

checks have been performed on the firearms contained in the

3

statement. The form of the statement relating to performance

4

of background checks shall be promulgated by the Pennsylvania

5

State Police.]

6

(1.5)  Contacted the NICS and complied with the

7

requirements of 18 U.S.C. § 922(t).

8

(2)  Inspected photoidentification of the potential

9

purchaser or transferee, including, but not limited to, a

10

driver's license, official Pennsylvania photoidentification

11

card or official government photoidentification card. In the

12

case of a potential buyer or transferee who is a member of a

13

recognized religious sect or community whose tenets forbid or

14

discourage the taking of photographs of members of that sect

15

or community, a seller shall accept a valid-without-photo

16

driver's license or a combination of documents, as prescribed

17

by the Pennsylvania State Police, containing the applicant's

18

name, address, date of birth and the signature of the

19

applicant.

20

[(3)  Requested by means of a telephone call that the

21

Pennsylvania State Police conduct a criminal history,

22

juvenile delinquency history and a mental health record

23

check. The purchaser and the licensed dealer shall provide

24

such information as is necessary to accurately identify the

25

purchaser. The requester shall be charged a fee equivalent to

26

the cost of providing the service but not to exceed $2 per

27

buyer or transferee.

28

(4)  Received a unique approval number for that inquiry

29

from the Pennsylvania State Police and recorded the date and

30

the number on the application/record of sale form.

- 7 -

 


1

(5)  Issued a receipt containing the information from

2

paragraph (4), including the unique approval number of the

3

purchaser. This receipt shall be prima facie evidence of the

4

purchaser's or transferee's compliance with the provisions of

5

this section.

6

(6)  Unless it has been discovered pursuant to a criminal

7

history, juvenile delinquency and mental health records

8

background check that the potential purchaser or transferee

9

is prohibited from possessing a firearm pursuant to section

10

6105, no information received via telephone following the

11

implementation of the instantaneous background check system

12

from a purchaser or transferee who has received a unique

13

approval number shall be retained by the Pennsylvania State

14

Police.

15

(7)  For purposes of the enforcement of 18 U.S.C. §

16

922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in

17

the event the criminal history or juvenile delinquency

18

background check indicates a conviction for a misdemeanor

19

that the Pennsylvania State Police cannot determine is or is

20

not related to an act of domestic violence, the Pennsylvania

21

State Police shall issue a temporary delay of the approval of

22

the purchase or transfer. During the temporary delay, the

23

Pennsylvania State Police shall conduct a review or

24

investigation of the conviction with courts, local police

25

departments, district attorneys and other law enforcement or

26

related institutions as necessary to determine whether or not

27

the misdemeanor conviction involved an act of domestic

28

violence. The Pennsylvania State Police shall conduct the

29

review or investigation as expeditiously as possible. No

30

firearm may be transferred by the dealer to the purchaser who

- 8 -

 


1

is the subject of the investigation during the temporary

2

delay. The Pennsylvania State Police shall notify the dealer

3

of the termination of the temporary delay and either deny the

4

sale or provide the unique approval number under paragraph

5

(4).]

6

 * * *

7

(f)  Application of section.--

8

(1)  For the purposes of this section only, except as

9

provided by paragraph (2), "firearm" shall mean any weapon

10

which is designed to or may readily be converted to expel any

11

projectile by the action of an explosive or the frame or

12

receiver of any such weapon.

13

(2)  The provisions contained in [subsections (a) and]

14

subsection (c) shall only apply to pistols or revolvers with

15

a barrel length of less than 15 inches, any shotgun with a

16

barrel length of less than 18 inches, any rifle with a barrel

17

length of less than 16 inches or any firearm with an overall

18

length of less than 26 inches.

19

(3)  The provisions contained in subsection [(a)] (b)

20

(1.5) shall not apply to any law enforcement officer whose

21

current identification as a law enforcement officer shall be

22

construed as a valid license to carry a firearm or any person

23

who possesses a valid license to carry a firearm under

24

section 6109 (relating to licenses).

25

[(4)  (i)  The provisions of subsection (a) shall not

26

apply to any person who presents to the seller or

27

transferor a written statement issued by the official

28

described in subparagraph (iii) during the ten-day period

29

ending on the date of the most recent proposal of such

30

transfer or sale by the transferee or purchaser stating

- 9 -

 


1

that the transferee or purchaser requires access to a

2

firearm because of a threat to the life of the transferee

3

or purchaser or any member of the household of that

4

transferee or purchaser.

5

(ii)  The issuing official shall notify the

6

applicant's local police authority that such a statement

7

has been issued. In counties of the first class the chief

8

of police shall notify the police station or substation

9

closest to the applicant's residence.

10

(iii)  The statement issued under subparagraph (ii)

11

shall be issued by the district attorney, or his

12

designee, of the county of residence if the transferee or

13

purchaser resides in a municipality where there is no

14

chief of police. Otherwise, the statement shall be issued

15

by the chief of police in the municipality in which the

16

purchaser or transferee resides.]

17

(g)  Penalties.--

18

* * *

19

(3)  Any person, licensed dealer, licensed manufacturer

20

or licensed importer who knowingly and intentionally requests

21

a [criminal history, juvenile delinquency or mental health

22

record check or other confidential information from the

23

Pennsylvania State Police under this chapter] NICS check for

24

any purpose other than compliance with this chapter or

25

knowingly and intentionally disseminates any [criminal

26

history, juvenile delinquency or mental health record]

27

information obtained from a NICS check or other confidential

28

information to any person other than the subject of the

29

information commits a felony of the third degree.

30

* * *

- 10 -

 


1

(j)  Exemption.--

2

(1)  The provisions of [subsections (a) and] subsection

3

(b) shall not apply to:

4

(i)  sales between Federal firearms licensees; or

5

(ii)  the purchase of firearms by a chief law

6

enforcement officer or his designee, for the official use

7

of law enforcement officers.

8

(2)  For the purposes of this subsection, the term "chief

9

law enforcement officer" shall include the Commissioner of

10

the Pennsylvania State Police, the chief or head of a police

11

department, a county sheriff or any equivalent law

12

enforcement official.

13

Section 3.  Section 6111.1(b)(1), (2) and (3), (c), (e), (i),

14

(j.1), (j.2) and (j.3) of Title 18 are amended and the section

15

is amended by adding a subsection to read:

16

§ 6111.1.  Pennsylvania State Police.

17

* * *

18

(b)  Duty of Pennsylvania State Police.--

19

[(1)  Upon receipt of a request for a criminal history,

20

juvenile delinquency history and mental health record check

21

of the potential purchaser or transferee, the Pennsylvania

22

State Police shall immediately during the licensee's call or

23

by return call forthwith:

24

(i)  review the Pennsylvania State Police criminal

25

history and fingerprint records to determine if the

26

potential purchaser or transferee is prohibited from

27

receipt or possession of a firearm under Federal or State

28

law;

29

(ii)  review the juvenile delinquency and mental

30

health records of the Pennsylvania State Police to

- 11 -

 


1

determine whether the potential purchaser or transferee

2

is prohibited from receipt or possession of a firearm

3

under Federal or State law; and

4

(iii)  inform the licensee making the inquiry either:

5

(A)  that the potential purchase or transfer is

6

prohibited; or

7

(B)  provide the licensee with a unique approval

8

number.

9

(2)  In the event of electronic failure, scheduled

10

computer downtime or similar event beyond the control of the

11

Pennsylvania State Police, the Pennsylvania State Police

12

shall immediately notify the requesting licensee of the

13

reason for and estimated length of the delay. If the failure

14

or event lasts for a period exceeding 48 hours, the dealer

15

shall not be subject to any penalty for completing a

16

transaction absent the completion of an instantaneous records

17

check for the remainder of the failure or similar event, but

18

the dealer shall obtain a completed application/record of

19

sale following the provisions of section 6111(b)(1) and (1.1)

20

(relating to sale or transfer of firearms) as if an

21

instantaneous records check has not been established for any

22

sale or transfer of a firearm for the purpose of a subsequent

23

background check.

24

(3)  The Pennsylvania State Police shall fully comply,

25

execute and enforce the directives of this section as

26

follows:

27

(i)  The instantaneous background check for firearms

28

as defined in section 6102 (relating to definitions)

29

shall begin on July 1, 1998.

30

(ii)  The instantaneous background check for firearms

- 12 -

 


1

that exceed the barrel lengths set forth in section 6102

2

shall begin on the later of:

3

(A)  the date of publication of the notice under

4

section 6111(a)(2); or

5

(B)  December 31, 1998.]

6

 * * *

7

[(c)  Establish a telephone number.--The Pennsylvania State

8

Police shall establish a telephone number which shall be

9

operational seven days a week between the hours of 8 a.m. and 10

10

p.m. local time for purposes of responding to inquiries as

11

described in this section from licensed manufacturers, licensed

12

importers and licensed dealers. The Pennsylvania State Police

13

shall employ and train such personnel as are necessary to

14

administer expeditiously the provisions of this section.]

15

* * *

16

(e)  Challenge to records.--

17

(1)  Any person who is denied the right to receive, sell,

18

transfer, possess, carry, manufacture or purchase a firearm

19

as a result of the [procedures established by this section]

20

information recorded in a registry of the Pennsylvania State

21

Police may challenge the accuracy of that person's criminal

22

history, juvenile delinquency history or mental health record

23

[pursuant to a denial by the instantaneous records check] by

24

submitting a challenge to the Pennsylvania State Police

25

within 30 days from the date of the denial.

26

(2)  The Pennsylvania State Police shall conduct a review

27

of the accuracy of the information forming the basis for the

28

denial and shall have the burden of proving the accuracy of

29

the record. Within 20 days after receiving a challenge, the

30

Pennsylvania State Police shall notify the challenger of the

- 13 -

 


1

basis for the denial, including, but not limited to, the

2

jurisdiction and docket number of any relevant court decision

3

and provide the challenger an opportunity to provide

4

additional information for the purposes of the review. The

5

Pennsylvania State Police shall communicate its final

6

decision to the challenger within 60 days of the receipt of

7

the challenge. The decision of the Pennsylvania State Police

8

shall include all information which formed a basis for the

9

decision.

10

(3)  If the challenge is ruled invalid, the person shall

11

have the right to appeal the decision to the Attorney General

12

within 30 days of the decision. The Attorney General shall

13

conduct a hearing de novo in accordance with the

14

Administrative Agency Law. The burden of proof shall be upon

15

the Commonwealth.

16

(4)  The decision of the Attorney General may be appealed

17

to the Commonwealth Court by an aggrieved party.

18

(5)  Pursuant to the memorandum of understanding under

19

subsection (j.4), the Pennsylvania State Police shall report

20

to the National Instant Criminal Background Check System

21

Index, Denied Persons Files, the name, date of birth and

22

physical description of any person who successfully

23

challenges the accuracy of that person's criminal history,

24

juvenile delinquency history or mental health record under

25

this subsection.

26

* * *

27

[(i)  Reports.--The Pennsylvania State Police shall annually

28

compile and report to the General Assembly, on or before

29

December 31, the following information for the previous year:

30

(1)  number of firearm sales, including the types of

- 14 -

 


1

firearms;

2

(2)  number of applications for sale of firearms denied,

3

number of challenges of the denials and number of final

4

reversals of initial denials;

5

(3)  summary of the Pennsylvania State Police's

6

activities, including the average time taken to complete a

7

criminal history, juvenile delinquency history or mental

8

health record check; and

9

(4)  uniform crime reporting statistics compiled by the

10

Pennsylvania State Police based on the National Incident-

11

based Reporting System.]

12

* * *

13

[(j.1)  Delinquency and mental health records.--The

14

provisions of this section which relate to juvenile delinquency

15

and mental health records checks shall be applicable when the

16

data has been made available to the Pennsylvania State Police

17

but not later than October 11, 1999.

18

(j.2)  Records check.--The provisions of this section which

19

relate to the instantaneous records check conducted by telephone

20

shall be applicable 30 days following notice by the Pennsylvania

21

State Police pursuant to section 6111(a)(2).]

22

(j.3)  Immunity.--[The Pennsylvania State Police and its

23

employees shall be immune from actions for damages for the use

24

of a firearm by a purchaser or for the unlawful transfer of a

25

firearm by a dealer unless the act of the Pennsylvania State

26

Police or its employees constitutes a crime, actual fraud,

27

actual malice or willful misconduct.] Unless the act of the

28

Pennsylvania State Police or its employees constitutes a crime,

29

actual fraud, actual malice or willful misconduct, the

30

Pennsylvania State Police and its employees shall be immune from

- 15 -

 


1

actions for damages for:

2

(1)  the use of a firearm by a purchaser or lawful owner;

3

or

4

(2)  the unlawful transfer of a firearm by a dealer.

5

(j.4)  Report to NICS.--The Pennsylvania State Police shall,

6

in accordance with Federal and State law regarding

7

confidentiality, enter into a memorandum of understanding with

8

the Federal Bureau of Investigation for the purpose of

9

implementing the NICS in this Commonwealth. The Pennsylvania

10

State Police shall report to the National Instant Criminal

11

Background Check System Index, Denied Persons Files, the name,

12

date of birth and physical description of any person who:

13

(1)  under section 6105, may not possess, use, control,

14

sell, transfer or manufacture a firearm in this Commonwealth;

15

or

16

(2)  was previously reported under paragraph (1) or any

17

predecessor statute or agreement and may currently possess,

18

use, control, sell, transfer or manufacture a firearm in this

19

Commonwealth.

20

* * *

21

Section 4.  Sections 6111.2 and 6111.3 of Title 18 are

22

repealed:

23

[§ 6111.2.  Firearm sales surcharge.

24

(a)  Surcharge imposed.--There is hereby imposed on each sale

25

of a firearm subject to tax under Article II of the act of March

26

4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an

27

additional surcharge of $3. This shall be referred to as the

28

Firearm Sale Surcharge. All moneys received from this surcharge

29

shall be deposited in the Firearm Instant Records Check Fund.

30

(b)  Increases or decreases.--Five years from the effective

- 16 -

 


1

date of this subsection, and every five years thereafter, the

2

Pennsylvania State Police shall provide such information as

3

necessary to the Legislative Budget and Finance Committee for

4

the purpose of reviewing the need to increase or decrease the

5

instant check fee. The committee shall issue a report of its

6

findings and recommendations to the General Assembly for a

7

statutory change in the fee.

8

(c)  Revenue sources.--Funds received under the provisions of

9

this section and section 6111(b)(3) (relating to sale or

10

transfer of firearms), as estimated and certified by the

11

Secretary of Revenue, shall be deposited within five days of the

12

end of each quarter into the fund.

13

(d)  Definition.--As used in this section only, the term

14

"firearm" shall mean any weapon which is designed to or may

15

readily be converted to expel any projectile by the action of an

16

explosion or the frame or receiver of any such weapon.

17

§ 6111.3.  Firearm Records Check Fund.

18

(a)  Establishment.--The Firearm Records Check Fund is hereby

19

established as a restricted account in the State Treasury,

20

separate and apart from all other public money or funds of the

21

Commonwealth, to be appropriated annually by the General

22

Assembly, for use in carrying out the provisions of section 6111

23

(relating to firearm ownership). The moneys in the fund on June

24

1, 1998, are hereby appropriated to the Pennsylvania State

25

Police.

26

(b)  Source.--The source of the fund shall be moneys

27

collected and transferred under section 6111.2 (relating to

28

firearm sales surcharge) and moneys collected and transferred

29

under section 6111(b)(3).]

30

Section 4.1.  Sections 6113(a) and 6124 of Title 18 are

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1

amended to read:

2

§ 6113.  Licensing of dealers.

3

(a)  General rule.--The chief or head of any police force or

4

police department of a city, and, elsewhere, the sheriff of the

5

county, shall grant to reputable applicants licenses, in form

6

prescribed by the Pennsylvania State Police, effective for three

7

years from date of issue, permitting the licensee to sell

8

firearms direct to the consumer, subject to the following

9

conditions in addition to those specified in section 6111

10

(relating to sale or transfer of firearms), for breach of any of

11

which the license shall be forfeited and the licensee subject to

12

punishment as provided in this subchapter:

13

(1)  The business shall be carried on only upon the

14

premises designated in the license or at a lawful gun show or

15

meet.

16

(2)  The license, or a copy thereof, certified by the

17

issuing authority, shall be displayed on the premises where

18

it can easily be read.

19

(3)  No firearm shall be sold in violation of any

20

provision of this subchapter.

21

(4)  No firearm shall be sold under any circumstances

22

unless the purchaser is personally known to the seller or

23

shall present clear evidence of the purchaser's identity.

24

(5)  [A true record in triplicate shall be made of every

25

firearm sold, in a book kept for the purpose, the form of

26

which may be prescribed by the Pennsylvania State Police, and

27

shall be personally signed by the purchaser and by the person

28

effecting the sale, each in the presence of the other, and

29

shall contain the information required by section 6111. The

30

record shall be maintained by the licensee for a period of 20

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1

years.] (Reserved).

2

(6)  No firearm as defined in section 6102 (relating to

3

definitions) shall be displayed in any part of any premises

4

where it can readily be seen from the outside. In the event

5

that the Commissioner of the Pennsylvania State Police shall

6

find a clear and present danger to public safety within this

7

Commonwealth or any area thereof, firearms shall be stored

8

and safeguarded pursuant to regulations to be established by

9

the Pennsylvania State Police by the licensee during the

10

hours when the licensee is closed for business.

11

(7)  The dealer shall possess all applicable current

12

revenue licenses.

13

* * *

14

§ 6124.  Administrative regulations.

15

The commissioner may establish form specifications and

16

regulations, consistent with section 6109(c) (relating to

17

licenses), with respect to uniform forms control, including the

18

following:

19

(1)  License to carry firearms.

20

(2)  Firearm registration.

21

(3)  Dealer's license.

22

[(4)  Application for purchase of a firearm.

23

(5)  Record of sale of firearms.]

24

Section 4.2.  Section 6126 of Title 18 is repealed:

25

[§ 6126.  Firearms Background Check Advisory Committee.

26

(a)  Establishment.--There is hereby established the Firearms

27

Background Check Advisory Committee which shall consist of six

28

members as follows:

29

(1)  The Governor or a designee.

30

(2)  The Attorney General or a designee.

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1

(3)  The Majority Leader of the Senate or a designee.

2

(4)  The Minority Leader of the Senate or a designee.

3

(5)  The Majority Leader of the House of Representatives

4

or a designee.

5

(6)  The Minority Leader of the House of Representatives

6

or a designee.

7

(b)  Duties.--To facilitate compliance with this chapter and

8

the intent thereof, the Firearms Background Check Advisory

9

Committee shall, as follows:

10

(1)  Review the operations and procedures of the

11

Pennsylvania State Police relating to the implementation and

12

administration of the criminal history, juvenile delinquency

13

and mental health records background checks.

14

(2)  Advise the Pennsylvania State Police relating to the

15

development and maintenance of the instantaneous records

16

check system.

17

(3)  Provide annual reports to the Governor and the

18

General Assembly on the advisory committee's findings and

19

recommendations, including discussions concerning conformance

20

with the preamble of the act of June 13, 1995 (1st Sp.Sess.,

21

P.L.1024, No.17), entitled, "An act amending Titles 18

22

(Crimes and Offenses) and 42 (Judiciary and Judicial

23

Procedure) of the Pennsylvania Consolidated Statutes, further

24

providing for the possession of firearms; establishing a

25

selected Statewide juvenile offender registry; and making an

26

appropriation."

27

(c)  Terms.--Members or their designees shall serve a term of

28

office concurrent with the term of office for which the member

29

was elected. Any vacancy shall be filled by the appointing

30

authority.

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1

(d)  Chairperson.--The Governor shall appoint the chairperson

2

of the advisory committee.

3

(e)  Expiration.--This section shall expire November 30,

4

2002.]

5

Section 5.  The Attorney General shall submit for publication

6

in the Pennsylvania Bulletin that the National Instant Criminal

7

Background Check System has established a database to include

8

offenses and other conditions which prohibit firearm ownership

9

under State law.

10

Section 6.  This act shall take effect June 1, 2012, or upon

11

the date of publication under section 5, whichever is later.

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