PRINTER'S NO. 518
No. 46 Session of 1999
INTRODUCED BY L. I. COHEN, THOMAS, M. COHEN, YOUNGBLOOD,
MANDERINO, ROBINSON, WILLIAMS, CURRY, CARN AND KIRKLAND,
FEBRUARY 10, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, adding a definition of "collector";
3 further providing for the sale or transfer of firearms; and
4 imposing a duty to report lost or stolen firearms.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6102 of Title 18 of the Pennsylvania
8 Consolidated Statutes, is amended by adding a definition to
9 read:
10 § 6102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this subchapter which are applicable to specific
13 provisions of this subchapter, the following words and phrases,
14 when used in this subchapter shall have, unless the context
15 clearly indicates otherwise, the meanings given to them in this
16 section:
17 "Collector." Any person who acquires, holds or disposes of
18 firearms as curios or relics and who is licensed to do so in
1 accordance with 18 U.S.C. § 923 (relating to licenses).
2 * * *
3 Section 2. Section 6111 of Title 18, amended December 3,
4 1998 (P.L.933, No.121), is amended to read:
5 § 6111. Sale or transfer of firearms.
6 (a) Time and manner of delivery.--
7 (1) Except as provided in paragraph (2), no seller shall
8 deliver a firearm to the purchaser or transferee thereof
9 until 48 hours shall have elapsed from the time of the
10 application for the purchase thereof, and, when delivered,
11 the firearm shall be securely wrapped and shall be unloaded.
12 (2) Thirty days after publication in the Pennsylvania
13 Bulletin that the Instantaneous Criminal History Records
14 Check System has been established in accordance with the
15 Brady Handgun Violence Prevention Act (Public Law 103-159, 18
16 U.S.C. § 921 et seq.), no seller shall deliver a firearm to
17 the purchaser thereof until the provisions of this section
18 have been satisfied, and, when delivered, the firearm shall
19 be securely wrapped and shall be unloaded.
20 (b) Duty of seller.--No licensed importer, licensed
21 manufacturer or licensed dealer shall sell or deliver any
22 firearm to another person, other than a licensed importer,
23 licensed manufacturer, licensed dealer or licensed collector,
24 until the conditions of subsection (a) have been satisfied and
25 until he has:
26 (1) For purposes of a firearm as defined in section 6102
27 (relating to definitions), obtained a completed
28 application/record of sale from the potential buyer or
29 transferee to be filled out in triplicate, the original copy
30 to be sent to the Pennsylvania State Police, postmarked via
19990H0046B0518 - 2 -
1 first class mail, within 14 days of the sale, one copy to be
2 retained by the licensed importer, licensed manufacturer or
3 licensed dealer for a period of 20 years and one copy to be
4 provided to the purchaser or transferee. The form of this
5 application/record of sale shall be no more than one page in
6 length and shall be promulgated by the Pennsylvania State
7 Police and provided by the licensed importer, licensed
8 manufacturer or licensed dealer. The application/record of
9 sale shall include the name, address, birthdate, gender,
10 race, physical description and Social Security number of the
11 purchaser or transferee, the date of the application and the
12 caliber, length of barrel, make, model and manufacturer's
13 number of the firearm to be purchased or transferred.
14 (1.1) On the date of publication in the Pennsylvania
15 Bulletin of a notice by the Pennsylvania State Police that
16 the instantaneous records check has been implemented, all of
17 the following shall apply:
18 (i) In the event of an electronic failure under
19 section 6111.1(b)(2) (relating to Pennsylvania State
20 Police) for purposes of a firearm which exceeds the
21 barrel and related lengths set forth in section 6102,
22 obtained a completed application/record of sale from the
23 potential buyer or transferee to be filled out in
24 triplicate, the original copy to be sent to the
25 Pennsylvania State Police, postmarked via first class
26 mail, within 14 days of sale, one copy to be retained by
27 the licensed importer, licensed manufacturer or licensed
28 dealer for a period of 20 years and one copy to be
29 provided to the purchaser or transferee.
30 (ii) The form of the application/record of sale
19990H0046B0518 - 3 -
1 shall be no more than one page in length and shall be
2 promulgated by the Pennsylvania State Police and provided
3 by the licensed importer, licensed manufacturer or
4 licensed dealer.
5 (iii) For purposes of conducting the criminal
6 history, juvenile delinquency and mental health records
7 background check which shall be completed within ten days
8 of receipt of the information from the dealer, the
9 application/record of sale shall include the name,
10 address, birthdate, gender, race, physical description
11 and Social Security number of the purchaser or transferee
12 and the date of application.
13 (iv) No information regarding the type of firearm
14 need be included other than an indication that the
15 firearm exceeds the barrel lengths set forth in section
16 6102.
17 (v) Unless it has been discovered pursuant to a
18 criminal history, juvenile delinquency and mental health
19 records background check that the potential purchaser or
20 transferee is prohibited from possessing a firearm
21 pursuant to section 6105 (relating to persons not to
22 possess, use, manufacture, control, sell or transfer
23 firearms), no information on the application/record of
24 sale provided pursuant to this subsection shall be
25 retained as precluded by section 6111.4 (relating to
26 registration of firearms) by the Pennsylvania State
27 Police either through retention of the application/record
28 of sale or by entering the information onto a computer,
29 and, further, an application/record of sale received by
30 the Pennsylvania State Police pursuant to this subsection
19990H0046B0518 - 4 -
1 shall be destroyed within 72 hours of the completion of
2 the criminal history, juvenile delinquency and mental
3 health records background check.
4 (1.2) Fees collected under paragraph (3) and section
5 6111.2 (relating to firearm sales surcharge) shall be
6 transmitted to the Pennsylvania State Police within 14 days
7 of collection.
8 (1.3) In addition to the criminal penalty under section
9 6119 (relating to violation penalty), any person who
10 knowingly and intentionally maintains or fails to destroy any
11 information submitted to the Pennsylvania State Police for
12 purposes of a background check pursuant to paragraphs (1.1)
13 and (1.4) or violates section 6111.4 shall be subject to a
14 civil penalty of $250 per violation, entry or failure to
15 destroy.
16 (1.4) Following implementation of the instantaneous
17 records check by the Pennsylvania State Police on or before
18 December 31, 1998, no application/record of sale shall be
19 completed for the purchase or transfer of a firearm which
20 exceeds the barrel lengths set forth in section 6102. A
21 statement shall be submitted by the dealer to the
22 Pennsylvania State Police, postmarked via first class mail,
23 within 14 days of the sale, containing the number of firearms
24 sold which exceed the barrel and related lengths set forth in
25 section 6102, the amount of surcharge and other fees remitted
26 and a list of the unique approval numbers given pursuant to
27 paragraph (4), together with a statement that the background
28 checks have been performed on the firearms contained in the
29 statement. The form of the statement relating to performance
30 of background checks shall be promulgated by the Pennsylvania
19990H0046B0518 - 5 -
1 State Police.
2 (2) Inspected photoidentification of the potential
3 purchaser or transferee, including, but not limited to, a
4 driver's license, official Pennsylvania photoidentification
5 card or official government photoidentification card. In the
6 case of a potential buyer or transferee who is a member of a
7 recognized religious sect or community whose tenets forbid or
8 discourage the taking of photographs of members of that sect
9 or community, a seller shall accept a valid-without-photo
10 driver's license or a combination of documents, as prescribed
11 by the Pennsylvania State Police, containing the applicant's
12 name, address, date of birth and the signature of the
13 applicant.
14 (3) Requested by means of a telephone call that the
15 Pennsylvania State Police conduct a criminal history,
16 juvenile delinquency history and a mental health record
17 check. The purchaser and the licensed dealer shall provide
18 such information as is necessary to accurately identify the
19 purchaser. The requester shall be charged a fee equivalent to
20 the cost of providing the service but not to exceed $2 per
21 buyer or transferee.
22 (4) Received a unique approval number for that inquiry
23 from the Pennsylvania State Police and recorded the date and
24 the number on the application/record of sale form.
25 (5) Issued a receipt containing the information from
26 paragraph (4), including the unique approval number of the
27 purchaser. This receipt shall be prima facie evidence of the
28 purchaser's or transferee's compliance with the provisions of
29 this section.
30 (6) Unless it has been discovered pursuant to a criminal
19990H0046B0518 - 6 -
1 history, juvenile delinquency and mental health records
2 background check that the potential purchaser or transferee
3 is prohibited from possessing a firearm pursuant to section
4 6105, no information received via telephone following the
5 implementation of the instantaneous background check system
6 from a purchaser or transferee who has received a unique
7 approval number shall be retained by the Pennsylvania State
8 Police, except for the purpose of enforcing subsection (c.1).
9 (7) For purposes of the enforcement of 18 U.S.C. §
10 922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
11 the event the criminal history or juvenile delinquency
12 background check indicates a conviction for a misdemeanor
13 that the Pennsylvania State Police cannot determine is or is
14 not related to an act of domestic violence, the Pennsylvania
15 State Police shall issue a temporary delay of the approval of
16 the purchase or transfer. During the temporary delay, the
17 Pennsylvania State Police shall conduct a review or
18 investigation of the conviction with courts, local police
19 departments, district attorneys and other law enforcement or
20 related institutions as necessary to determine whether or not
21 the misdemeanor conviction involved an act of domestic
22 violence. The Pennsylvania State Police shall conduct the
23 review or investigation as expeditiously as possible. No
24 firearm may be transferred by the dealer to the purchaser who
25 is the subject of the investigation during the temporary
26 delay. The Pennsylvania State Police shall notify the dealer
27 of the termination of the temporary delay and either deny the
28 sale or provide the unique approval number under paragraph
29 (4).
30 (c) Duty of other persons.--Any person who is not a licensed
19990H0046B0518 - 7 -
1 importer, manufacturer or dealer and who desires to sell or
2 transfer a firearm to another unlicensed person shall do so only
3 upon the place of business of a licensed importer, manufacturer,
4 dealer or county sheriff's office, the latter of whom shall
5 follow the procedure set forth in this section as if he were the
6 seller of the firearm. The provisions of this section shall not
7 apply to transfers between spouses or to transfers between a
8 parent and child or to transfers between grandparent and
9 grandchild.
10 (c.1) Purchase of firearms in 30-day period.--Except as
11 provided in this subsection, a person may not purchase more than
12 one firearm within a 30-day period.
13 (1) This subsection shall not apply to:
14 (i) a law enforcement agency;
15 (ii) an agency authorized to perform law enforcement
16 duties;
17 (iii) a State or county correctional facility;
18 (iv) a private security company licensed to do
19 business within this Commonwealth;
20 (v) purchases by a licensed dealer;
21 (vi) the exchange or replacement of a firearm by a
22 seller for a firearm purchased from the seller by the
23 same person seeking the exchange or replacement within a
24 30-day period immediately preceding the date of exchange
25 or replacement; or
26 (vii) a person whose firearm is stolen or
27 irretrievably lost and who provides the firearms dealer
28 or county sheriff with a copy of an official police
29 report or an official summary of the report, a copy of
30 which shall be attached to the application or record of
19990H0046B0518 - 8 -
1 sale for the purchase or transfer of the firearm
2 purchased.
3 (2) The purchase or transfer of more than one firearm in
4 a 30-day period may be made under the following
5 circumstances:
6 (i) the purchase of the firearms is by a collector
7 for a private collection or a collector series;
8 (ii) the purchase of the firearms is a bulk purchase
9 from an estate sale;
10 (iii) the purchase of not more than two firearms is
11 a multiple purchase for the purposes of taking advantage
12 of a licensed dealer's discounted price available only
13 for a multiple purchase, provided that the purchaser is
14 prohibited from purchasing a firearm for the following
15 30-day period unless approved for multiple purchase under
16 paragraph (1); or
17 (iv) the purchaser completes an enhanced background
18 check in accordance with subsection (c.2).
19 (c.2) Enhanced background check.--For the purpose of
20 purchasing more than one firearm in accordance with subsection
21 (c.1)(2)(iv), and in addition to the procedure required under
22 this section, a person must:
23 (1) Complete an affidavit with the chief law enforcement
24 officer in the county where the purchase is to be completed
25 which contains the name, address, birthdate, gender, race,
26 physical description and Social Security number of the
27 purchaser, the date of application, the caliber, length of
28 barrel, make, model and manufacturer's number of each firearm
29 to be purchased and a statement describing the purpose of
30 purchasing the firearms.
19990H0046B0518 - 9 -
1 (2) Complete a fingerprint and photograph record with
2 the chief law enforcement officer where the purchase is to be
3 completed.
4 (d) Defense.--Compliance with the provisions of this section
5 shall be a defense to any criminal complaint under the laws of
6 this Commonwealth or other claim or cause of action under this
7 chapter arising from the sale or transfer of any firearm.
8 (e) Nonapplicability of section.--This section shall not
9 apply to the following:
10 (1) Any firearm manufactured on or before 1898.
11 (2) Any firearm with a matchlock, flintlock or
12 percussion cap type of ignition system.
13 (3) Any replica of any firearm described in paragraph
14 (1) if the replica:
15 (i) is not designed or redesigned to use rimfire or
16 conventional center fire fixed ammunition; or
17 (ii) uses rimfire or conventional center fire fixed
18 ammunition which is no longer manufactured in the United
19 States and which is not readily available in the ordinary
20 channels of commercial trade.
21 (f) Application of section.--
22 (1) For the purposes of this section only, except as
23 provided by paragraph (2), "firearm" shall mean any weapon
24 which is designed to or may readily be converted to expel any
25 projectile by the action of an explosive or the frame or
26 receiver of any such weapon.
27 (2) The provisions contained in subsections (a) [and
28 (c)], (c), (c.1) and (c.2) shall only apply to pistols or
29 revolvers with a barrel length of less than 15 inches, any
30 shotgun with a barrel length of less than 18 inches, any
19990H0046B0518 - 10 -
1 rifle with a barrel length of less than 16 inches or any
2 firearm with an overall length of less than 26 inches.
3 (3) The provisions contained in subsection (a) shall not
4 apply to any law enforcement officer whose current
5 identification as a law enforcement officer shall be
6 construed as a valid license to carry a firearm or any person
7 who possesses a valid license to carry a firearm under
8 section 6109 (relating to licenses).
9 (4) (i) The provisions of subsection (a) shall not
10 apply to any person who presents to the seller or
11 transferor a written statement issued by the official
12 described in subparagraph (iii) during the ten-day period
13 ending on the date of the most recent proposal of such
14 transfer or sale by the transferee or purchaser stating
15 that the transferee or purchaser requires access to a
16 firearm because of a threat to the life of the transferee
17 or purchaser or any member of the household of that
18 transferee or purchaser.
19 (ii) The issuing official shall notify the
20 applicant's local police authority that such a statement
21 has been issued. In counties of the first class the chief
22 of police shall notify the police station or substation
23 closest to the applicant's residence.
24 (iii) The statement issued under subparagraph (ii)
25 shall be issued by the district attorney, or his
26 designee, of the county of residence if the transferee or
27 purchaser resides in a municipality where there is no
28 chief of police. Otherwise, the statement shall be issued
29 by the chief of police in the municipality in which the
30 purchaser or transferee resides.
19990H0046B0518 - 11 -
1 (g) Penalties.--
2 (1) Any person, licensed dealer, licensed manufacturer
3 or licensed importer who knowingly or intentionally sells,
4 delivers or transfers a firearm in violation of this section
5 commits a misdemeanor of the second degree.
6 (2) Any person, licensed dealer, licensed manufacturer
7 or licensed importer who knowingly or intentionally sells,
8 delivers or transfers a firearm under circumstances intended
9 to provide a firearm to any person, purchaser or transferee
10 who is unqualified or ineligible to control, possess or use a
11 firearm under this chapter or who knowingly and intentionally
12 purchases or transfers more than one firearm in a 30-day
13 period to a person in violation of subsection (c.1) commits a
14 felony of the third degree and shall in addition be subject
15 to revocation of the license to sell firearms for a period of
16 three years.
17 (3) Any person, licensed dealer, licensed manufacturer
18 or licensed importer who knowingly and intentionally requests
19 a criminal history, juvenile delinquency or mental health
20 record check or other confidential information from the
21 Pennsylvania State Police under this chapter for any purpose
22 other than compliance with this chapter or knowingly and
23 intentionally disseminates any criminal history, juvenile
24 delinquency or mental health record or other confidential
25 information to any person other than the subject of the
26 information commits a felony of the third degree.
27 (3.1) Any person, licensed dealer, licensed manufacturer
28 or licensed importer who knowingly and intentionally obtains
29 or furnishes information collected or maintained pursuant to
30 section 6109 for any purpose other than compliance with this
19990H0046B0518 - 12 -
1 chapter or who knowingly or intentionally disseminates,
2 publishes or otherwise makes available such information to
3 any person other than the subject of the information commits
4 a felony of the third degree.
5 (4) Any person, purchaser or transferee who in
6 connection with the purchase, delivery or transfer of a
7 firearm under this chapter knowingly and intentionally makes
8 any materially false oral or written statement or [willfully]
9 knowingly and intentionally furnishes or exhibits any false
10 identification intended or likely to deceive the seller,
11 licensed dealer or licensed manufacturer commits a felony of
12 the third degree.
13 (5) Notwithstanding section 306 (relating to liability
14 for conduct of another; complicity) or any other statute to
15 the contrary, any person, licensed importer, licensed dealer
16 or licensed manufacturer who knowingly and intentionally
17 sells, delivers or transfers a firearm in violation of this
18 chapter who has reason to believe that the firearm is
19 intended to be used in the commission of a crime or attempt
20 to commit a crime shall be criminally liable for such crime
21 or attempted crime.
22 (6) Notwithstanding any act or statute to the contrary,
23 any person, licensed importer, licensed manufacturer or
24 licensed dealer who knowingly and intentionally sells or
25 delivers a firearm in violation of this chapter who has
26 reason to believe that the firearm is intended to be used in
27 the commission of a crime or attempt to commit a crime shall
28 be liable in the amount of the civil judgment for injuries
29 suffered by any person so injured by such crime or attempted
30 crime.
19990H0046B0518 - 13 -
1 (h) Subsequent violation penalty.--
2 (1) A second or subsequent violation of this section
3 shall be a felony of the second degree and shall be
4 punishable by a mandatory minimum sentence of imprisonment of
5 five years. A second or subsequent offense shall also result
6 in permanent revocation of any license to sell, import or
7 manufacture a firearm.
8 (2) Notice of the applicability of this subsection to
9 the defendant and reasonable notice of the Commonwealth's
10 intention to proceed under this section shall be provided
11 prior to trial. The applicability of this section shall be
12 determined at sentencing. The court shall consider evidence
13 presented at trial, shall afford the Commonwealth and the
14 defendant an opportunity to present necessary additional
15 evidence and shall determine by a preponderance of the
16 evidence if this section is applicable.
17 (3) There shall be no authority for a court to impose on
18 a defendant to which this subsection is applicable a lesser
19 sentence than provided for in paragraph (1), to place the
20 defendant on probation or to suspend sentence. Nothing in
21 this section shall prevent the sentencing court from imposing
22 a sentence greater than that provided in this section.
23 Sentencing guidelines promulgated by the Pennsylvania
24 Commission on Sentencing shall not supersede the mandatory
25 sentences provided in this section.
26 (4) If a sentencing court refuses to apply this
27 subsection where applicable, the Commonwealth shall have the
28 right to appellate review of the action of the sentencing
29 court. The appellate court shall vacate the sentence and
30 remand the case to the sentencing court for imposition of a
19990H0046B0518 - 14 -
1 sentence in accordance with this section if it finds that the
2 sentence was imposed in violation of this subsection.
3 (i) Confidentiality.--All information provided by the
4 potential purchaser, transferee or applicant, including, but not
5 limited to, the potential purchaser, transferee or applicant's
6 name or identity, furnished by a potential purchaser or
7 transferee under this section or any applicant for a license to
8 carry a firearm as provided by section 6109 shall be
9 confidential and not subject to public disclosure. In addition
10 to any other sanction or penalty imposed by this chapter, any
11 person, licensed dealer, State or local governmental agency or
12 department that violates this subsection shall be liable in
13 civil damages in the amount of $1,000 per occurrence or three
14 times the actual damages incurred as a result of the violation,
15 whichever is greater, as well as reasonable attorney fees.
16 Section 3. Section 6111.4 of Title 18 is amended to read:
17 § 6111.4. Registration of firearms.
18 [Notwithstanding any section of this chapter to the contrary]
19 Except for the limited purpose of enforcing the provisions of
20 section 6111 (c.1) (relating to sale and transfer of firearms),
21 nothing in this chapter shall be construed to allow any
22 government or law enforcement agency or any agent thereof to
23 create, maintain or operate any registry of firearm ownership
24 within this Commonwealth. For the purposes of this section only,
25 the term "firearm" shall include any weapon that is designed to
26 or may readily be converted to expel any projectile by the
27 action of an explosive or the frame or receiver of any such
28 weapon.
29 Section 4. Title 18 is amended by adding a section to read:
30 § 6127. Duty to report lost or stolen firearms.
19990H0046B0518 - 15 -
1 (a) General rule.--Any person who owns or has control of a
2 firearm that becomes lost or stolen shall report the loss or
3 theft of the firearm within 14 days of the date on which the
4 person discovered or should have discovered that the firearm had
5 been lost or stolen. The report shall be made to and consist of
6 such information as required by the Pennsylvania State Police.
7 (b) Penalty.--Any person who violates this section commits a
8 misdemeanor of the second degree.
9 Section 5. This amendatory act may be referred to as the
10 Pennsylvania Firearm Trafficking Prevention Act.
11 Section 6. This act shall take effect in 60 days.
A20L18RLE/19990H0046B0518 - 16 -