THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GABLER, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CUTLER, DENLINGER, DeWEESE, EVERETT, GEIST, GROVE, HARHART, HARRIS, HEFFLEY, HELM, HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK, MAJOR, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, PEIFER, PICKETT, PYLE, RAPP, READSHAW, ROAE, ROCK, STABACK, STEVENSON AND WHITE, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for duties of
Pennsylvania State Police.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111.1(b)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and the subsection
is amended by adding paragraphs to read:
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
* * *
(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. [If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any
sale or transfer of a firearm for the purpose of a subsequent
background check.] The Pennsylvania State Police shall
immediately post on their Internet website the cause of the
failure or similar event and an approximate time frame for
restoration of the instantaneous records check system.
(2.1) A licensee may complete a transaction absent the
completion of an instantaneous records check if there is a
failure or similar event and either of the following applies:
(i) The purchaser presents a valid Pennsylvania
license to carry a firearm.
(ii) The failure or similar event lasts for a period
exceeding 48 hours.
(2.2) A licensee shall, for any transaction under
paragraph (2.1) during a failure or similar event, obtain a
completed application/record of sale following section
6111(b)(1) and (1.1) (relating to sale or transfer of
firearms) as if an instantaneous records check has not been
established for any sale or transfer of a firearm for the
purpose of a subsequent background check.
* * *
Section 2. This act shall take effect in 60 days.