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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY D. O'BRIEN, BRIGGS, CARROLL, COHEN, FRANKEL, HARHAI, HARPER, KIRKLAND, KORTZ, MILLER, MUNDY, MURT, SABATINA, SIPTROTH, K. SMITH, SWANGER AND WALKO, FEBRUARY 11, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2009 |
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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 licensing of |
3 | dealers. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6113 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subsection to read: |
8 | § 6113. Licensing of dealers. |
9 | * * * |
10 | (a.1) Background checks required.-- |
11 | (1) Prior to issuing a license pursuant to this section, |
12 | the person authorized to issue a license to the applicant |
13 | shall ensure: |
14 | (i) that the applicant undergoes an investigation |
15 | conducted pursuant to section 6109 (relating to licenses) |
16 | and that the applicant would not be prohibited from |
17 | obtaining a license pursuant to that section; and |
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1 | (ii) that the applicant possesses a valid Federal |
2 | firearms license and is in compliance with all Federal |
3 | and State laws and regulations relating thereto, |
4 | including any firearm sale or transfer recordkeeping |
5 | requirements. |
6 | (2) Notwithstanding any provision of law to the |
7 | contrary, and except as provided in paragraph (3), no dealer |
8 | shall permit any person to perform any act on his behalf |
9 | which is required by any provision of this subchapter unless |
10 | the dealer first conducts a criminal history, juvenile |
11 | delinquency and mental health records background check on the |
12 | person following the procedures set forth in section 6111 |
13 | (relating to sale or transfer of firearms), receives a unique |
14 | approval number for that inquiry and maintains a record of |
15 | the date and approval number to ensure the person is not |
16 | subject to the prohibitions of section 6105 (relating to |
17 | persons not to possess, use, manufacture, control, sell or |
18 | transfer firearms). Background checks on such persons shall, |
19 | at a minimum, be conducted every three years. The dealer |
20 | shall maintain proof of compliance with this paragraph upon |
21 | the premises designated in the license and, for each person |
22 | acting on his behalf at a lawful gun show or meet, at the |
23 | point of sale at the lawful gun show or meet. |
24 | (3) The background checks required by paragraph (2) |
25 | shall not be required if the person performing acts on behalf |
26 | of the dealer holds a valid license to carry a firearm issued |
27 | pursuant to section 6109 or if the person is a State |
28 | constable, sheriff, prison or jail warden, or the person's |
29 | deputy, a policeman of this Commonwealth or its political |
30 | subdivisions, or other law enforcement officer. |
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1 | * * * |
2 | Section 2. This act shall take effect in 60 days. |
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