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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, MOUL, SAYLOR, TALLMAN, BAKER, CALTAGIRONE, EVERETT, GINGRICH, HALUSKA, HARRIS, HESS, M. KELLER, KOTIK, KRIEGER, LONGIETTI, METZGAR, READSHAW, REICHLEY, SIPTROTH, S. H. SMITH, STEVENSON AND WHITE, OCTOBER 12, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 12, 2010 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for sale or transfer |
3 | of firearms; and providing for completion of forms. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6111(b)(1) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes is amended to read: |
8 | § 6111. Sale or transfer of firearms. |
9 | * * * |
10 | (b) Duty of seller.--No licensed importer, licensed |
11 | manufacturer or licensed dealer shall sell or deliver any |
12 | firearm to another person, other than a licensed importer, |
13 | licensed manufacturer, licensed dealer or licensed collector, |
14 | until the conditions of subsection (a) have been satisfied and |
15 | until he has: |
16 | (1) For purposes of a firearm as defined in section 6102 |
17 | (relating to definitions), obtained a completed |
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1 | application/record of sale from the potential buyer or |
2 | transferee to be filled out in triplicate, the original copy |
3 | to be sent to the Pennsylvania State Police, postmarked via |
4 | first class mail, within 14 days of the sale, one copy to be |
5 | retained by the licensed importer, licensed manufacturer or |
6 | licensed dealer for a period of 20 years and one copy to be |
7 | provided to the purchaser or transferee. The form of this |
8 | application/record of sale shall be no more than one page in |
9 | length and shall be promulgated by the Pennsylvania State |
10 | Police and provided by the licensed importer, licensed |
11 | manufacturer or licensed dealer. The application/record of |
12 | sale shall include the name, address, birthdate, gender, |
13 | race, physical description and Social Security number of the |
14 | purchaser or transferee, the date of the application and the |
15 | caliber, length of barrel, make, model and manufacturer's |
16 | number of the firearm to be purchased or transferred. The |
17 | application/record of sale may contain multiple firearms to |
18 | be purchased or transferred. The application/record of sale |
19 | shall also contain the following question: |
20 | Are you the actual buyer of the firearm(s), as defined |
21 | under 18 Pa.C.S. § 6102 (relating to definitions), listed |
22 | on this application/record of sale? Warning: You are not |
23 | the actual buyer if you are acquiring the firearm(s) on |
24 | behalf of another person, unless you are legitimately |
25 | acquiring the firearm as a gift for any of the following |
26 | individuals who are legally eligible to own a firearm: |
27 | (1) spouse; |
28 | (2) parent; |
29 | (3) child; |
30 | (4) grandparent; or |
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1 | (5) grandchild. |
2 | * * * |
3 | Section 2. Title 18 is amended by adding a section to read: |
4 | § 6128. Completion of forms. |
5 | (a) Generally.--Except as provided under subsection (b), an |
6 | applicant must personally complete the form for a license to |
7 | carry a concealed firearm under section 6109 (relating to |
8 | licenses) or the form for the purchase of a firearm under |
9 | section 6111 (relating to sale or transfer of firearms) and |
10 | certify that the answers are true, correct and complete by |
11 | signing or making his or her mark on the form. |
12 | (b) Exception.--If an applicant is unable to read or write, |
13 | the forms described under subsection (a) may be completed as |
14 | follows: |
15 | (1) Answers to any questions on forms may be completed |
16 | by another person. |
17 | (2) The applicant must certify that the answers given |
18 | are true, correct and complete by signing or making his or |
19 | her mark on the form. |
20 | (3) Two persons must sign as witnesses to the |
21 | applicant's answers and signature. |
22 | (c) Definitions.--The following words and phrases when used |
23 | in this section shall have the meanings given to them in this |
24 | subsection unless the context clearly indicates otherwise: |
25 | "Answers to any questions on forms." The term shall include |
26 | the applicant's name, address, personal identifying information |
27 | and responses to questions that require an affirmative or |
28 | negative response. |
29 | "Another person." The term shall not include the seller of |
30 | the firearm or the sheriff or his representative. |
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1 | "Two persons." The term shall not include the seller of the |
2 | firearm or the sheriff or his representative. |
3 | Section 3. This act shall take effect immediately. |
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