AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for sale or transfer of firearms
4and for registration of firearms.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 6111(b)(1.1) and 6111.4 of Title 18 are
8amended to read:

9§ 6111. Sale or transfer of firearms.

10* * *

11(b) Duty of seller.--No licensed importer, licensed
12manufacturer or licensed dealer shall sell or deliver any
13firearm to another person, other than a licensed importer,
14licensed manufacturer, licensed dealer or licensed collector,
15until the conditions of subsection (a) have been satisfied and
16until he has:

17* * *

18(1.1) On the date of publication in the Pennsylvania
19Bulletin of a notice by the Pennsylvania State Police that

1the instantaneous records check has been implemented, all of
2the following shall apply:

3(i) In the event of an electronic failure under
4section 6111.1(b)(2) (relating to Pennsylvania State
5Police) for purposes of a firearm which exceeds the
6barrel and related lengths set forth in section 6102,
7obtained a completed application/record of sale from the
8potential buyer or transferee to be filled out in
9triplicate, the original copy to be sent to the
10Pennsylvania State Police, postmarked via first class
11mail, within 14 days of sale, one copy to be retained by
12the licensed importer, licensed manufacturer or licensed
13dealer for a period of 20 years and one copy to be
14provided to the purchaser or transferee.

15(ii) The form of the application/record of sale
16shall be no more than one page in length and shall be
17promulgated by the Pennsylvania State Police and provided
18by the licensed importer, licensed manufacturer or
19licensed dealer.

20(iii) For purposes of conducting the criminal
21history, juvenile delinquency and mental health records
22background check which shall be completed within ten days
23of receipt of the information from the dealer, the
24application/record of sale shall include the name,
25address, birthdate, gender, race, physical description
26and Social Security number of the purchaser or transferee
27and the date of application.

28(iv) No information regarding the type of firearm
29need be included other than an indication that the
30firearm exceeds the barrel lengths set forth in section

16102.

2(v) [Unless it has been discovered pursuant to a
3criminal history, juvenile delinquency and mental health
4records background check that the potential purchaser or
5transferee is prohibited from possessing a firearm
6pursuant to section 6105 (relating to persons not to
7possess, use, manufacture, control, sell or transfer
8firearms), no information on the application/record of
9sale provided pursuant to this subsection shall be
10retained as precluded by section 6111.4 (relating to
11registration of firearms) by the Pennsylvania State
12Police either through retention of the application/record
13of sale or by entering the information onto a computer,
14and, further, an application/record of sale received by
15the Pennsylvania State Police pursuant to this subsection
16shall be destroyed within 72 hours of the completion of
17the criminal history, juvenile delinquency and mental
18health records background check.] The Pennsylvania State 
19Police shall retain information received from the 
20application/record of sale provided under this subsection 
21through retention of the application/record of sale or 
22through entering the information contained in the 
23application/record of sale onto a computer.

24* * *

25§ 6111.4. Registration of firearms.

26[Notwithstanding any section of this chapter to the contrary,
27nothing in this chapter shall be construed to allow any
28government or law enforcement agency or any agent thereof to
29create, maintain or operate any registry of firearm ownership
30within this Commonwealth. For the purposes of this section only,

1the term "firearm" shall include any weapon that is designed to
2or may readily be converted to expel any projectile by the
3action of an explosive or the frame or receiver of any such
4weapon.] (a) General rule.--Every person who owns, possesses, 
5purchases or otherwise receives ownership of a firearm under 
6section 6111 (relating to sale or transfer of firearms), or who
7brings or causes to be brought into this Commonwealth a firearm, 
8shall register the firearm with the Pennsylvania State Police 
9within seven days of acquisition of the firearm or within seven 
10days after the firearm is brought into this Commonwealth.

11(b) Registration form.--Every person required to register a
12firearm under this section shall submit registration on a form
13prescribed by the Pennsylvania State Police. The form shall be
14uniform throughout this Commonwealth. The following shall apply:

15(1) The form shall include all of the following:

16(i) The name, address, birth date, gender, race,
17physical description and Social Security number of the
18registrant.

19(ii) The date of registration.

20(iii) The caliber, length of barrel, make, model and
21manufacturer's number of the firearm to be registered.

22(2) Every licensed importer, licensed manufacturer or
23licensed dealer who sells or otherwise transfers ownership or
24possession of a firearm to a person shall provide a
25registration form to the person receiving ownership or
26possession of the firearm.

27(3) The Pennsylvania State Police may retain information 
28received from the form provided under this subsection through 
29retention of the form or through entering the information on 
30the form onto a computer.

1(c) Confidentiality.--All information provided by a
2registrant under this section, including the name or identity of
3the potential purchaser, transferee or registrant, shall be
4confidential and not subject to public disclosure, except as may
5be required:

6(1) For processing the registration;

7(2) by a law enforcement agency for the lawful
8performance of its duties; or

9(3) by order of a court.

10(d) Renewal.--Every person required to register a firearm
11under this section shall renew the registration annually.

12(e) Notification of changes.--The registrant shall notify
13any changes to the information provided on the registration to
14the Pennsylvania State Police within seven days of the change of
15information.

16(f) Registration fee.--The Pennsylvania State Police may
17establish a fee by regulation to cover the reasonable and
18necessary costs to develop and furnish the application and to
19store the registration information required by this section.

20(g) Penalty.--Any person who violates this section commits a
21summary offense.

22(h) Rules and regulations.--The Pennsylvania State Police
23shall promulgate rules and regulations necessary to implement
24this section, including regulations to ensure the
25confidentiality and security of all records and data provided
26under this section.

27(i) Nonapplicability.--

28(1) This section shall not apply to any of the
29following:

30(i) Firearms owned or possessed by a law enforcement

1officer maintained or used in the course of the officer's
2official duties.

3(ii) Firearms lawfully owned, possessed or in the
4custody of any Federal, State or local law enforcement
5agency.

6(iii) Firearms sold or transferred between Federal
7firearms licensees.

8(iv) Firearms purchased or acquired by a chief law
9enforcement officer or the officer's designee for the
10official use of law enforcement officers.

11(v) Firearms owned or possessed by a corrections
12officer in the course of the officer's official duties.

13(vi) Firearms in the lawful possession of a private
14security officer in the course of the officer's official
15duties for a private security company. The firearm must
16be registered by the private security company.

17(vii) Firearms owned or possessed by licensed
18manufacturers or licensed dealers, bulk transporters or
19licensed sellers at wholesale or retail, provided that
20such persons have obtained all licenses as required by
21Federal, State and local laws.

22(viii) Firearms owned or possessed by any
23nonresident of this Commonwealth participating in any
24lawful recreational firearm-related activity in this
25Commonwealth or in any other jurisdiction, provided that
26the firearm shall be disassembled in a nonfunctioning
27state and unloaded.

28(2) As used in this subsection, the term "chief law 
29enforcement officer" means the Commissioner of Pennsylvania 
30State Police, the chief or head of a police department, a 

1county sheriff, the chief of police for a city of the first 
2class or any equivalent law enforcement official.

3(j) Construction.--Nothing contained in this section shall
4be construed to make unlawful any act of a law enforcement
5officer which is performed in the lawful performance of the
6officer's official duties.

7(k) Definition.--As used in this section, the term "firearm"
8shall mean any weapon that is designed to or may readily be
9converted to expel any projectile by the action of an explosive
10or the frame or receiver of such weapon. The term does not
11include antique firearms, as defined in section 6118 (relating
12to antique firearms).

13Section 2. This act shall take effect in 180 days.