Bill Text: PA SB27 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Providing for a limit on handgun purchases and sales; and establishing the Violence Prevention Fund.

Sponsorship: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2009-01-20 - Referred to JUDICIARY [SB27 Detail]

Download: Pennsylvania-2009-SB27-Introduced.html

---

PRINTER'S NO. 11
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 27 Session of2009
INTRODUCED BY WASHINGTON, FONTANA, GREENLEAF AND KITCHEN, JANUARY 20, 2009
REFERRED TO JUDICIARY, JANUARY 20, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for a limit on handgun
purchases and sales; and establishing the Violence Prevention
Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6111.6. Limit on handgun purchases.
(a) Purchase of handgun.--No person may purchase more than
one handgun in this Commonwealth within any 30-day period.
(b) Sale of handgun.--No person may sell or cause to be sold
to a person in this Commonwealth more than one handgun within
any 30-day period.
(c) Exceptions.--This section shall not apply to the
following:
(1) A licensed firearm dealer.
(2) A licensed firearm collector.
(3) A law enforcement agency or an agency authorized to
perform law enforcement duties.
(4) State and local correctional facilities.
(5) A private security company licensed to do business
within this Commonwealth.
(6) The purchase or sale of antique firearms.
(7) A person whose handgun is stolen or irretrievably
lost if:
(i) the person provides the seller with an official
copy of the police report of the lost or stolen handgun
or a summary of the report on a form provided by the
Pennsylvania State Police;
(ii) the police report or summary contains the name
and address of the handgun owner, the description of the
handgun, the location of the loss or theft, the date of
the loss or theft and the date the loss or theft was
reported to the law enforcement agency;
(iii) the date of the loss or theft, as reflected on
the police report or summary, occurred within 30 days of
the person's attempt to replace the handgun; and
(iv) the seller attaches an official copy of the
police report or summary of the report to the original
sales receipt or other document evidencing the original
sale and retain it for the period prescribed by
regulation of the Pennsylvania State Police.
(d) Grading.--
(1) Except as set forth under paragraph (2), a person
that is convicted of violating subsection (a) or (b) commits
a misdemeanor of the third degree.
(2) A person that, after being sentenced under paragraph
(1), is convicted of violating subsection (a) or (b) commits
20090SB0027PN0011 - 2 -
a felony of the third degree.
(e) Disposition of fines collected.--The court imposing and
collecting a fine under subsection (d) shall transfer the fines
thus collected to the State Treasurer for deposit in the
Violence Prevention Fund under subsection (f).
(f) Violence Prevention Fund.--There is established in the
General Fund a nonlapsing, restricted receipt account to be
known as the Violence Prevention Fund. Money in the fund is
hereby appropriated to the Pennsylvania Commission on Crime and
Delinquency solely for purposes of violence prevention and youth
violence prevention, including youth education and activities
designed to prevent violence and grants to law enforcement
agencies for equipment and training designed to prevent gun-
related injuries.
(g) Notice.--A seller shall notify each prospective
purchaser that the purchase of more than one handgun in a 30-day
period is prohibited under this section and of the applicable
penalties.
(h) Handgun purchase history check.--In addition to any
other duty prescribed by this section, a seller of a handgun
shall request the Pennsylvania State Police to conduct a handgun
purchase history check to investigate whether the prospective
handgun purchaser is in compliance with this section. A handgun
purchase history check shall be conducted in accordance with the
procedures governing other background checks under this
subchapter. A handgun purchase history shall be conducted at the
same time any criminal history, juvenile delinquency or mental
health records check is required for a firearm purchase under
this subchapter. Information related to a handgun purchase
provided to the Pennsylvania State Police by a seller may be
20090SB0027PN0011 - 3 -
retained by the Pennsylvania State Police as necessary to
monitor compliance with this section.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Handgun." Either of the following:
(1) A firearm which has a short stock and is designed to
be held and fired by the use of a single hand.
(2) Any combination of parts from which a firearm
described under paragraph (1) can be assembled.
"Licensed firearm collector." A person who collects firearms
and is licensed as a collector under 18 U.S.C. § 923 (relating
to licensing).
"Licensed firearm dealer." A person who is licensed as a
firearm dealer under 18 U.S.C. § 923 (relating to licensing).
"Purchase." Does not include the exchange or replacement of
a handgun by a seller for a handgun purchased from the seller by
the same person seeking the exchange or replacement within the
30-day period immediately preceding the date of exchange or
replacement.
Section 2. This act shall take effect in 60 days.
20090SB0027PN0011 - 4 -