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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2516, 3514, 3908         PRINTER'S NO. 4522

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1845 Session of 2007


        INTRODUCED BY SABATINA, BLACKWELL, BRENNAN, CRUZ, JAMES,
           JOSEPHS, W. KELLER, KENNEY, KIRKLAND, MELIO, MURT,
           M. O'BRIEN, PAYTON, ROEBUCK, SIPTROTH, K. SMITH, SWANGER,
           R. TAYLOR, THOMAS, WATERS, YOUNGBLOOD, GERBER, HARPER AND
           HARHAI, SEPTEMBER 27, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, OCTOBER 7, 2008

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, further providing for false reports to law
     4     enforcement authorities; in firearms, further providing for
     5     ineligibility for possession or dealing, for required
     6     licensure, for emergency prohibitions, for licenses, for
     7     possession with altered manufacturer's number, for sale or
     8     transfer, for the Pennsylvania State Police and for            <--
     9     registration, FOR REGISTRATION PENNSYLVANIA STATE POLICE, FOR  <--
    10     ALTERING OR OBLITERATING MARKS OF IDENTIFICATION, FOR FIREARM
    11     TRACING AND FOR PROCEDURE; ESTABLISHING THE STRAW PURCHASE
    12     PREVENTION EDUCATION PROGRAM AND THE STRAW PURCHASE
    13     PREVENTION EDUCATION FUND; further providing for limitation
    14     of actions; and abrogating a regulation.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Sections 4906(c) and 6105(b) of Title 18 of the
    18  Pennsylvania Consolidated Statutes are amended to read:
    19  § 4906.  False reports to law enforcement authorities.
    20     * * *
    21     (c)  Grading.--


     1         (1)  If the violation of subsection (a) or (b) occurs
     2     during a declared state of emergency and the false report
     3     causes the resources of the law enforcement authority to be
     4     diverted from dealing with the declared state of emergency,
     5     the offense shall be graded one step greater than that set
     6     forth in the applicable subsection.
     7         (2)  If the violation of subsection (a) or (b) relates to
     8     a false report of the theft or loss of a firearm, as defined
     9     in section 5515 (relating to prohibiting of paramilitary
    10     training), the offense shall be graded one step greater than
    11     that set forth in the applicable subsection.
    12  § 6105.  Persons not to possess, use, manufacture, control, sell
    13             or transfer firearms.
    14     * * *
    15     (b)  Enumerated offenses.--The following offenses shall apply
    16  to subsection (a):
    17         Section 908 (relating to prohibited offensive weapons).
    18         Section 911 (relating to corrupt organizations).
    19         Section 912 (relating to possession of weapon on school
    20     property).
    21         Section 2502 (relating to murder).
    22         Section 2503 (relating to voluntary manslaughter).
    23         Section 2504 (relating to involuntary manslaughter) if
    24     the offense is based on the reckless use of a firearm.
    25         Section 2702 (relating to aggravated assault).
    26         Section 2703 (relating to assault by prisoner).
    27         Section 2704 (relating to assault by life prisoner).
    28         Section 2709.1 (relating to stalking).
    29         Section 2716 (relating to weapons of mass destruction).
    30         Section 2901 (relating to kidnapping).
    20070H1845B4522                  - 2 -     

     1         Section 2902 (relating to unlawful restraint).
     2         Section 2910 (relating to luring a child into a motor
     3     vehicle or structure).
     4         Section 3121 (relating to rape).
     5         Section 3123 (relating to involuntary deviate sexual
     6     intercourse).
     7         Section 3125 (relating to aggravated indecent assault).
     8         Section 3301 (relating to arson and related offenses).
     9         Section 3302 (relating to causing or risking
    10     catastrophe).
    11         Section 3502 (relating to burglary).
    12         Section 3503 (relating to criminal trespass) if the
    13     offense is graded a felony of the second degree or higher.
    14         Section 3701 (relating to robbery).
    15         Section 3702 (relating to robbery of motor vehicle).
    16         Section 3921 (relating to theft by unlawful taking or
    17     disposition) upon conviction of the second felony offense.
    18         Section 3923 (relating to theft by extortion) when the
    19     offense is accompanied by threats of violence.
    20         Section 3925 (relating to receiving stolen property) upon
    21     conviction of the second felony offense.
    22         Section 4906 (relating to false reports to law
    23     enforcement authorities) if the fictitious report involved
    24     the theft of a firearm as provided in section 4906(c)(2).
    25         Section 4912 (relating to impersonating a public servant)
    26     if the person is impersonating a law enforcement officer.
    27         Section 4952 (relating to intimidation of witnesses or
    28     victims).
    29         Section 4953 (relating to retaliation against witness
    30     [or], victim or party).
    20070H1845B4522                  - 3 -     

     1         Section 5121 (relating to escape).
     2         Section 5122 (relating to weapons or implements for
     3     escape).
     4         Section 5501(3) (relating to riot).
     5         Section 5515 (relating to prohibiting of paramilitary
     6     training).
     7         Section 5516 (relating to facsimile weapons of mass
     8     destruction).
     9         Section 6110.1 (relating to possession of firearm by
    10     minor).
    11         Section 6301 (relating to corruption of minors).
    12         Section 6302 (relating to sale or lease of weapons and
    13     explosives).
    14         Any offense equivalent to any of the above-enumerated
    15     offenses under the prior laws of this Commonwealth or any
    16     offense equivalent to any of the above-enumerated offenses
    17     under the statutes of any other state or of the United
    18     States.
    19     * * *
    20     Section 2.  Section 6106(b) of Title 18 is amended by adding
    21  a paragraph to read:
    22  § 6106.  Firearms not to be carried without a license.
    23     * * *
    24     (b)  Exceptions.--The provisions of subsection (a) shall not
    25  apply to:
    26         * * *
    27         (16)  Any person holding a license in accordance with
    28     section 6109(f)(3).
    29     * * *
    30     Section 3.  Section 6107 of Title 18 is amended to read:
    20070H1845B4522                  - 4 -     

     1  § 6107.  Prohibited conduct during emergency.
     2     (a)  General rule.--No person shall carry a firearm[, rifle
     3  or shotgun] upon the public streets or upon any public property
     4  during an emergency proclaimed by a State or municipal
     5  governmental executive unless that person is:
     6         (1)  Actively engaged in a defense of that person's life
     7     or property from peril or threat.
     8         (2)  Licensed to carry firearms under section 6109
     9     (relating to licenses) or is exempt from licensing under
    10     section 6106(b) (relating to firearms not to be carried
    11     without a license).
    12     (b)  Seizure, taking and confiscation.--Except as otherwise
    13  provided under subsection (a) and notwithstanding the provisions
    14  of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
    15  other provision of law to the contrary, no firearm, accessory or
    16  ammunition may be seized, taken or confiscated during an
    17  emergency unless the seizure, taking or confiscation would be
    18  authorized absent the emergency.
    19     (c)  Definitions.--As used in this section, the following
    20  words and phrases shall have the meanings given to them in this
    21  subsection:
    22     "Accessory."  Any scope, sight, bipod, sling, light,
    23  magazine, clip or other related item that is attached to or
    24  necessary for the operation of a firearm.
    25     "Firearm."  The term includes 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 weapon.
    28     Section 4.  Section 6109(f)(1) of Title 18 is amended, the
    29  subsection is amended by adding paragraphs and the section is
    30  amended by adding subsections to read:
    20070H1845B4522                  - 5 -     

     1  § 6109.  Licenses.
     2     * * *
     3     (f)  Term of license.--
     4         (1)  A license to carry a firearm issued under subsection
     5     (e) shall be valid throughout this Commonwealth for a period
     6     of five years unless extended under paragraph (3) or sooner
     7     revoked.
     8         * * *
     9         (3)  Notwithstanding paragraph (1) or any other provision
    10     of law to the contrary, a license to carry a firearm that is
    11     held by a member of the United States Armed Forces or the
    12     Pennsylvania National Guard on Federal active duty and
    13     deployed overseas that is scheduled to expire during the
    14     period of deployment shall be extended until 90 days after
    15     the end of the deployment.
    16         (4)  Possession of a license, together with a copy of the
    17     person's military orders showing the dates of overseas
    18     deployment, including the date that the overseas deployment
    19     ends, shall constitute, during the extension period specified
    20     in paragraph (3), a defense to any charge filed pursuant to
    21     section 6106 (relating to firearms not to be carried without
    22     a license) or 6108 (relating to carrying firearms on public
    23     streets or public property in Philadelphia).
    24     * * *
    25     (m.1)  Temporary emergency licenses.--
    26         (1)  A person seeking a temporary emergency license to
    27     carry a concealed firearm shall submit to the sheriff of the
    28     county in which the person resides all of the following:
    29             (i)  Evidence of imminent danger to the person or
    30         member of the person's family. THE PERSON'S MINOR CHILD.   <--
    20070H1845B4522                  - 6 -     

     1         FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "MINOR" SHALL
     2         HAVE THE SAME MEANING AS PROVIDED IN 1 PA.C.S. § 1991
     3         (RELATING TO DEFINITIONS).
     4             (ii)  A sworn affidavit that contains the information
     5         required on an application for a license to carry a
     6         firearm and attesting that the person is 21 years of age
     7         or older, is not prohibited from owning firearms under
     8         section 6105 (relating to persons not to possess, use,
     9         manufacture, control, sell or transfer firearms) or any
    10         other Federal or State law and is not currently subject
    11         to a protection from abuse order or a protection order
    12         issued by a court of another state.
    13             (iii)  A IN ADDITION TO THE PROVISIONS OF SUBSECTION   <--
    14         (H), A temporary emergency license fee established by the
    15         Commissioner of the Pennsylvania State Police for an
    16         amount that does not exceed the actual cost of conducting
    17         the criminal background check or $10, whichever is less.
    18             (IV)  AN APPLICATION FOR A LICENSE TO CARRY A FIREARM  <--
    19         ON THE FORM PRESCRIBED PURSUANT TO SUBSECTION (C).
    20         (2)  Upon receipt of the items required under paragraph
    21     (1), the sheriff immediately shall conduct a criminal
    22     history, juvenile delinquency and mental health record check
    23     of the applicant PURSUANT TO SECTION 6105. Immediately upon    <--
    24     receipt of the results of the records check, the sheriff
    25     shall review the information and shall determine whether the
    26     applicant meets the criteria set forth in this section         <--
    27     SUBSECTION. If the sheriff determines, to the best of the      <--
    28     sheriff's ability, that the applicant has met all of the
    29     criteria, the sheriff shall immediately issue the applicant a
    30     temporary emergency license to carry a concealed firearm.
    20070H1845B4522                  - 7 -     

     1         (3)  If the sheriff refuses to issue a temporary
     2     emergency license, the sheriff shall specify the grounds for
     3     the denial in a written notice to the applicant. The
     4     applicant may appeal the denial or challenge criminal records
     5     check results that were the basis of the denial, if
     6     applicable, in the same manner as a denial of a license to
     7     carry a firearm under this section.
     8         (4)  A temporary emergency license issued under this
     9     subsection shall be valid for 90 45 days and may not be        <--
    10     renewed. A person who has been issued a temporary emergency
    11     license under this subsection shall not be issued another
    12     temporary emergency license unless at least four FIVE years    <--
    13     have expired since the issuance of the prior temporary
    14     emergency license. DURING THE 45 DAYS THE TEMPORARY EMERGENCY  <--
    15     LICENSE IS VALID, THE SHERIFF SHALL CONDUCT AN ADDITIONAL
    16     INVESTIGATION OF THE PERSON FOR THE PURPOSES OF DETERMINING
    17     WHETHER THE PERSON MAY BE ISSUED A LICENSE PURSUANT TO THIS
    18     SECTION. IF, DURING THE COURSE OF THIS INVESTIGATION, THE
    19     SHERIFF DISCOVERS ANY INFORMATION THAT WOULD HAVE PROHIBITED
    20     THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION, THE
    21     SHERIFF SHALL BE AUTHORIZED TO REVOKE THE TEMPORARY EMERGENCY
    22     LICENSE AS PROVIDED IN SUBSECTION (I).
    23         (5)  THE TEMPORARY EMERGENCY LICENSE ISSUED PURSUANT TO
    24     THIS SECTION SHALL BE CONSISTENT WITH THE FORM PRESCRIBED IN
    25     SUBSECTION (E)(3), (4) AND (5). IN ADDITION TO THE
    26     INFORMATION PROVIDED IN THOSE PARAGRAPHS, THE TEMPORARY
    27     EMERGENCY LICENSE SHALL BE CLEARLY MARKED "TEMPORARY."
    28         (5) (6)  A person who holds a temporary emergency license  <--
    29     to carry a firearm shall have the same rights to carry a
    30     firearm as a person issued a license to carry a firearm under
    20070H1845B4522                  - 8 -     

     1     this section. A licensee under this subsection shall be
     2     subject to all other duties, restrictions and penalties under
     3     this section, INCLUDING REVOCATION PURSUANT TO SUBSECTION      <--
     4     (I).
     5         (6) (7)  A sheriff who issues a temporary emergency        <--
     6     license to carry a firearm shall retain, for the entire
     7     period during which the temporary emergency license is in
     8     effect, the evidence of imminent danger that the applicant
     9     submitted to the sheriff that was the basis for the license,
    10     or a copy of the evidence, as appropriate.
    11         (7)  The application for a temporary emergency license to  <--
    12     carry a firearm shall be uniform throughout this Commonwealth
    13     and shall be on a form prescribed by the Pennsylvania State
    14     Police.
    15         (8)  A PERSON APPLYING FOR A TEMPORARY EMERGENCY LICENSE   <--
    16     SHALL COMPLETE THE APPLICATION REQUIRED PURSUANT TO
    17     SUBSECTION (C) AND SHALL PROVIDE AT THE TIME OF APPLICATION
    18     THE INFORMATION REQUIRED IN PARAGRAPH (1).
    19         (9)  PRIOR TO THE EXPIRATION OF A TEMPORARY EMERGENCY
    20     LICENSE, IF THE SHERIFF HAS DETERMINED PURSUANT TO
    21     INVESTIGATION THAT THE PERSON ISSUED A TEMPORARY EMERGENCY
    22     LICENSE IS NOT DISQUALIFIED AND IF THE TEMPORARY EMERGENCY
    23     LICENSE HAS NOT BEEN REVOKED PURSUANT TO SUBSECTION (I), THE
    24     SHERIFF SHALL ISSUE A LICENSE PURSUANT TO THIS SECTION THAT
    25     IS EFFECTIVE FOR THE BALANCE OF THE FIVE-YEAR PERIOD FROM THE
    26     DATE OF THE ISSUANCE OF THE TEMPORARY EMERGENCY LICENSE.
    27     RECORDS AND ALL OTHER INFORMATION, DUTIES AND OBLIGATIONS
    28     REGARDING SUCH LICENSES SHALL BE APPLICABLE AS OTHERWISE
    29     PROVIDED IN THIS SECTION.
    30         (8) (10)  As used in this subsection, the term "evidence   <--
    20070H1845B4522                  - 9 -     

     1     of imminent danger" means: a written document prepared by a    <--
     2     governmental entity or public official describing the facts
     3     that give a person reasonable cause to fear a criminal attack
     4     upon the person or a member of the person's family that would
     5     justify a prudent person to carry a firearm. Written
     6     documents of this nature include, but are not limited to, any
     7     temporary or final protection from abuse order or protection
     8     order issued by another state.
     9             (I)  A WRITTEN DOCUMENT PREPARED BY THE ATTORNEY       <--
    10         GENERAL, A DISTRICT ATTORNEY, A CHIEF LAW ENFORCEMENT
    11         OFFICER, JUDICIAL OFFICER OR THEIR DESIGNEES DESCRIBING
    12         THE FACTS THAT GIVE A PERSON REASONABLE CAUSE TO FEAR A
    13         CRIMINAL ATTACK UPON THE PERSON OR THE PERSON'S MINOR
    14         CHILD. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM
    15         "CHIEF LAW ENFORCEMENT OFFICER" SHALL HAVE THE SAME
    16         MEANING AS PROVIDED IN 42 PA.C.S. § 8951 (RELATING TO
    17         DEFINITIONS) AND "JUDICIAL OFFICER" SHALL HAVE THE SAME
    18         MEANING AS PROVIDED IN 42 PA.C.S. § 102 (RELATING TO
    19         DEFINITIONS).
    20             (II)  A POLICE REPORT.
    21     (m.2)  Inconsistent provisions.--Notwithstanding the
    22  provisions of section 7506 (relating to violation of rules
    23  regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
    24  (relating to additional limitations on operation), or the act of
    25  June 28, 1995 (P.L.89, No.18), known as the Conservation and
    26  Natural Resources Act, and regulations promulgated under that
    27  act, a firearm may be carried as provided in subsection (a) by:
    28         (1)  a law enforcement officer whose current
    29     identification as a law enforcement officer shall be
    30     construed as a valid license to carry a firearm; or
    20070H1845B4522                 - 10 -     

     1         (2)  any licensee.
     2     (m.3)  Construction.--Nothing in this section shall be
     3  construed to:                                                     <--
     4         (1)  Permit the hunting or harvesting of any wildlife
     5  CONSTRUED TO PERMIT THE HUNTING OR HARVESTING OF ANY WILDLIFE     <--
     6  with a firearm or ammunition not otherwise permitted by 34
     7  Pa.C.S. (relating to game).
     8         (2)  Authorize any Commonwealth agency to regulate the     <--
     9     possession of firearms in any manner inconsistent with the
    10     provisions of this title.
    11     Section 5.  Sections 6110.2 and 6111(b), (g)(4) and (j) of
    12  Title 18 are amended to read:
    13  § 6110.2.  Possession of firearm with altered manufacturer's
    14             number.
    15     (a)  General rule.--No person shall possess a firearm which
    16  has had the manufacturer's number integral to the frame or
    17  receiver altered, changed, removed or obliterated.
    18     (b)  Penalty.--A person who violates this section commits a
    19  [misdemeanor] felony of the [first] second degree.
    20     (c)  Definition.--As used in this section, the term "firearm"
    21  shall have the same meaning as that term is defined in section
    22  6105(i) (relating to persons not to possess, use, manufacture,
    23  control, sell or transfer firearms), except that the term shall
    24  not include antique firearms as defined in section 6118
    25  (relating to antique firearms).
    26  § 6111.  Sale or transfer of firearms.
    27     * * *
    28     (b)  Duty of seller.--No licensed importer, licensed
    29  manufacturer or licensed dealer shall sell or deliver any
    30  firearm to another person, other than a licensed importer,
    20070H1845B4522                 - 11 -     

     1  licensed manufacturer, licensed dealer or licensed collector,
     2  until the conditions of subsection (a) have been satisfied and
     3  until he has:
     4         (1)  For purposes of a firearm as defined in section 6102
     5     (relating to definitions), obtained a completed
     6     application/record of sale from the potential buyer or
     7     transferee to be filled out in triplicate, the original copy
     8     to be sent to the Pennsylvania State Police, postmarked via
     9     first class mail, within 14 days of the sale, one copy to be
    10     retained by the licensed importer, licensed manufacturer or
    11     licensed dealer for a period of 20 years and one copy to be
    12     provided to the purchaser or transferee. The form of this
    13     application/record of sale shall be no more than one page in
    14     length and shall be promulgated by the Pennsylvania State
    15     Police and provided by the licensed importer, licensed
    16     manufacturer or licensed dealer. The application/record of
    17     sale shall include the name, address, birthdate, gender,
    18     race, physical description and Social Security number of the
    19     purchaser or transferee, the date of the application and the
    20     caliber, length of barrel, make, model and manufacturer's
    21     number of the firearm to be purchased or transferred. The
    22     application/record of sale shall also contain the following
    23     question:
    24         Are you the actual buyer of the firearm(s), AS DEFINED     <--
    25         UNDER 18 PA.C.S. § 6102, listed on this
    26         application/record of sale? Warning: You are not the
    27         actual buyer if you are acquiring the firearm(s) on
    28         behalf of another person, unless you are legitimately
    29         acquiring the firearm as a gift for any of the following
    30         individuals who are legally eligible to own a firearm:
    20070H1845B4522                 - 12 -     

     1             (1)  spouse;
     2             (2)  parent;
     3             (3)  child;
     4             (4)  grandparent; or
     5             (5)  grandchild.
     6         * * *
     7     (g)  Penalties.--
     8         * * *
     9         (4)  Any person, purchaser or transferee [who] commits a
    10     felony of the third degree if, in connection with the
    11     purchase, delivery or transfer of a firearm under this
    12     chapter, he knowingly and intentionally:
    13             (i)  makes any materially false oral [or written
    14         statement or] statement;
    15             (ii)  makes any materially false written statement,
    16         including a statement on any form promulgated by Federal
    17         or State agencies; or
    18             (iii)  willfully furnishes or exhibits any false
    19         identification intended or likely to deceive the seller,
    20         licensed dealer or licensed manufacturer [commits a
    21         felony of the third degree].
    22         * * *
    23     (j)  Exemption.--
    24         (1)  The provisions of subsections (a) and (b) shall not
    25     apply to:
    26             (i)  sales between Federal firearms licensees[.]; or
    27             (ii)  the purchase of firearms by a chief law
    28         enforcement officer, or his designee, for the official
    29         use of law enforcement officers.
    30         (2)  For the purposes of this subsection, the term "chief
    20070H1845B4522                 - 13 -     

     1     law enforcement officer" shall include the Commissioner of
     2     the Pennsylvania State Police, the chief or head of a police
     3     department, a county sheriff or any equivalent law
     4     enforcement official.
     5     Section 6.  Section 6111.1(b) of Title 18 is amended by        <--
     6  adding a paragraph to read:
     7  § 6111.1.  Pennsylvania State Police.
     8     * * *
     9     (b)  Duty of Pennsylvania State Police.--
    10         * * *
    11         (5)  The Pennsylvania State Police shall maintain a
    12     registry of all firearms reported lost or stolen in this
    13     Commonwealth. The registry shall contain, if available, the
    14     manufacturer, model, caliber, serial number and any other
    15     identifying information concerning any firearm reported lost
    16     or stolen, as well as the name of the lawful owner of the
    17     firearm. If a firearm is reported stolen to a local law
    18     enforcement agency, that agency shall collect the required
    19     information and shall submit it to the Pennsylvania State
    20     Police within 24 hours. Information concerning a firearm
    21     reported lost or stolen:
    22             (i)  may be deleted from the registry after 20 years;
    23         and
    24             (ii)  shall be deleted from the registry after the
    25         firearm is returned to the lawful owner.
    26     * * *
    27     SECTION 6.  SECTION 6111.1(E) 6111.1(B)(4), (E) AND (F) OF     <--
    28  TITLE 18 ARE AMENDED TO READ:
    29  § 6111.1.  PENNSYLVANIA STATE POLICE.
    30     * * *                                                          <--
    20070H1845B4522                 - 14 -     

     1     (B)  DUTY OF PENNSYLVANIA STATE POLICE.--
     2         * * *
     3         (4)  THE PENNSYLVANIA STATE POLICE AND ANY LOCAL LAW
     4     ENFORCEMENT AGENCY SHALL MAKE ALL REASONABLE EFFORTS TO
     5     DETERMINE THE LAWFUL OWNER OF ANY FIREARM CONFISCATED OR
     6     RECOVERED BY THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW
     7     ENFORCEMENT AGENCY AND RETURN SAID FIREARM TO ITS LAWFUL
     8     OWNER IF THE OWNER IS NOT OTHERWISE PROHIBITED FROM
     9     POSSESSING THE FIREARM. WHEN A COURT OF LAW HAS DETERMINED
    10     THAT THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW
    11     ENFORCEMENT AGENCY HAVE FAILED TO EXERCISE THE DUTY UNDER
    12     THIS SUBSECTION, REASONABLE ATTORNEY FEES SHALL BE AWARDED TO
    13     ANY LAWFUL OWNER OF SAID FIREARM WHO HAS SOUGHT JUDICIAL
    14     ENFORCEMENT OF THIS SUBSECTION.
    15     * * *
    16     (E)  CHALLENGE TO RECORDS.--
    17         (1)  ANY PERSON WHO IS DENIED THE RIGHT TO RECEIVE, SELL,
    18     TRANSFER, POSSESS, CARRY, MANUFACTURE OR PURCHASE A FIREARM
    19     AS A RESULT OF THE PROCEDURES ESTABLISHED BY THIS SECTION MAY
    20     CHALLENGE THE ACCURACY OF THAT PERSON'S CRIMINAL HISTORY,
    21     JUVENILE DELINQUENCY HISTORY OR MENTAL HEALTH RECORD PURSUANT
    22     TO A DENIAL BY THE INSTANTANEOUS RECORDS CHECK [IN ACCORDANCE
    23     WITH PROCEDURES ESTABLISHED BY THE PENNSYLVANIA STATE POLICE.
    24     THE DECISION RESULTING FROM A CHALLENGE UNDER THIS SUBSECTION
    25     MAY BE APPEALED TO THE ATTORNEY GENERAL WITHIN 30 DAYS OF THE
    26     DECISION BY THE PENNSYLVANIA STATE POLICE. THE DECISION OF
    27     THE ATTORNEY GENERAL MAY BE APPEALED TO THE COMMONWEALTH
    28     COURT IN ACCORDANCE WITH COURT RULE.] BY SUBMITTING A
    29     CHALLENGE TO THE PENNSYLVANIA STATE POLICE WITHIN 30 DAYS
    30     FROM THE DATE OF THE DENIAL.
    20070H1845B4522                 - 15 -     

     1         (2)  THE PENNSYLVANIA STATE POLICE SHALL CONDUCT A REVIEW
     2     OF THE ACCURACY OF THE INFORMATION FORMING THE BASIS FOR THE
     3     DENIAL, AND SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF
     4     THE RECORD. WITHIN 20 DAYS AFTER RECEIVING A CHALLENGE, THE
     5     PENNSYLVANIA STATE POLICE SHALL NOTIFY THE CHALLENGER OF THE
     6     BASIS FOR THE DENIAL, INCLUDING, BUT NOT LIMITED TO, THE
     7     JURISDICTION AND DOCKET NUMBER OF ANY RELEVANT COURT DECISION
     8     AND PROVIDE THE CHALLENGER AN OPPORTUNITY TO PROVIDE
     9     ADDITIONAL INFORMATION FOR THE PURPOSES OF THE REVIEW. THE
    10     PENNSYLVANIA STATE POLICE SHALL COMMUNICATE ITS FINAL
    11     DECISION TO THE CHALLENGER WITHIN 60 DAYS OF THE RECEIPT OF
    12     THE CHALLENGE. THE DECISION OF THE PENNSYLVANIA STATE POLICE
    13     SHALL INCLUDE ALL INFORMATION WHICH FORMED A BASIS FOR THE
    14     DECISION.
    15         (3)  IF THE CHALLENGE IS RULED INVALID, THE PERSON SHALL
    16     HAVE THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
    17     WITHIN 30 DAYS OF THE DECISION. THE ATTORNEY GENERAL SHALL
    18     CONDUCT A HEARING DE NOVO IN ACCORDANCE WITH THE
    19     ADMINISTRATIVE AGENCY LAW. THE BURDEN OF PROOF SHALL BE UPON
    20     THE COMMONWEALTH.
    21         (4)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
    22     TO THE COMMONWEALTH COURT BY AN AGGRIEVED PARTY.
    23     (F)  NOTIFICATION OF MENTAL HEALTH ADJUDICATION, TREATMENT,
    24  COMMITMENT, DRUG USE OR ADDICTION.--
    25         (1)  NOTWITHSTANDING ANY STATUTE TO THE CONTRARY, JUDGES
    26     OF THE COURTS OF COMMON PLEAS SHALL NOTIFY THE PENNSYLVANIA
    27     STATE POLICE, ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE
    28     POLICE, OF:
    29             (I)  THE IDENTITY OF ANY INDIVIDUAL WHO HAS BEEN
    30         ADJUDICATED AS AN INCOMPETENT OR AS A MENTAL DEFECTIVE OR
    20070H1845B4522                 - 16 -     

     1         WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL
     2         INSTITUTION [FOR INPATIENT CARE AND TREATMENT] UNDER THE
     3         ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE
     4         MENTAL HEALTH PROCEDURES ACT, OR WHO HAS BEEN
     5         INVOLUNTARILY TREATED AS DESCRIBED IN SECTION 6105(C)(4)
     6         (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE,
     7         CONTROL, SELL OR TRANSFER FIREARMS)[.] OR AS DESCRIBED IN
     8         18 U.S.C. § 922(G)(4) (RELATING TO UNLAWFUL ACTS) AND ITS
     9         IMPLEMENTING FEDERAL REGULATIONS; AND
    10             (II)  ANY FINDING OF FACT OR COURT ORDER RELATED TO
    11         ANY PERSON DESCRIBED IN 18 U.S.C. § 922(G)(3).
    12         (2)  THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE
    13     TO THE PENNSYLVANIA STATE POLICE WITHIN SEVEN DAYS OF THE
    14     ADJUDICATION, COMMITMENT OR TREATMENT.
    15         (3)  NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
    16     PENNSYLVANIA STATE POLICE MAY DISCLOSE, ELECTRONICALLY OR
    17     OTHERWISE, TO THE UNITED STATES ATTORNEY GENERAL OR A
    18     DESIGNEE, ANY RECORD RELEVANT TO A DETERMINATION OF WHETHER A
    19     PERSON IS DISQUALIFIED FROM POSSESSING OR RECEIVING A FIREARM
    20     UNDER 18 U.S.C. § 922 (G)(3) OR (4) OR AN APPLICABLE STATE
    21     STATUTE.
    22     * * *
    23     Section 7.  Sections 6111.4 and 6117, 6117 6117, 6127(A) AND   <--
    24  9152(D) AND (E) of Title 18 are amended to read:
    25  § 6111.4.  Registration of firearms.                              <--
    26     Notwithstanding any section of this chapter to the contrary,
    27  nothing in this chapter shall be construed to allow any
    28  government or law enforcement agency or any agent thereof to
    29  create, maintain or operate any registry of firearm ownership
    30  within this Commonwealth[.], other than a registry of firearms
    20070H1845B4522                 - 17 -     

     1  reported lost or stolen under section 6111.1(b)(5) (relating to
     2  Pennsylvania State Police). For the purposes of this section
     3  only, the term "firearm" shall include any weapon that is
     4  designed to or may readily be converted to expel any projectile
     5  by the action of an explosive or the frame or receiver of any
     6  such weapon.
     7  § 6117.  Altering or obliterating marks of identification.
     8     (a)  Offense defined.--No person shall change, alter, remove,
     9  or obliterate the manufacturer's number integral to the frame or
    10  receiver of any firearm which shall have the same meaning as
    11  provided in section 6105 (relating to persons not to possess,
    12  use, manufacture, control, sell or transfer firearms).
    13     [(b)  Presumption.--Possession of any firearm upon which any
    14  such mark shall have been changed, altered, removed or
    15  obliterated shall be prima facie evidence that the possessor has
    16  changed, altered, removed or obliterated the same.]
    17     (c)  Penalty.--A violation of this section constitutes a
    18  felony of the second degree.
    19     [(d)  Appellate review.--If a sentencing court refuses to
    20  apply this section where applicable, the Commonwealth shall have
    21  the right to appellate review of the action of the sentencing
    22  court. The appellate court shall vacate the sentence and remand
    23  the case to the sentencing court for imposition of a sentence in
    24  accordance with this section if it finds that the sentence was
    25  imposed in violation of this section.]
    26  § 6127.  FIREARM TRACING.                                         <--
    27     (A)  ILLEGAL POSSESSION.--UPON CONFISCATING OR RECOVERING A
    28  FIREARM FROM THE POSSESSION OF ANYONE [UNDER 21 YEARS OF AGE]
    29  WHO IS NOT PERMITTED BY FEDERAL OR STATE LAW TO POSSESS A
    30  FIREARM, A LOCAL LAW ENFORCEMENT AGENCY SHALL USE THE BEST
    20070H1845B4522                 - 18 -     

     1  AVAILABLE INFORMATION, INCLUDING A FIREARMS TRACE WHERE
     2  NECESSARY, TO DETERMINE HOW AND FROM WHERE THE PERSON [UNDER 21
     3  YEARS OF AGE] GAINED POSSESSION OF THE FIREARM.
     4     * * *
     5  § 9152.  PROCEDURE.                                               <--
     6     * * *
     7     (D)  REVIEW OF CHALLENGE.--ALL CRIMINAL JUSTICE AGENCIES
     8  SHALL HAVE 60 DAYS TO CONDUCT A REVIEW OF ANY CHALLENGE AND
     9  SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF THE RECORD. THE
    10  DECISION ON THE CHALLENGE SHALL INCLUDE ALL INFORMATION,
    11  INCLUDING, BUT NOT LIMITED TO, THE JURISDICTION AND DOCKET
    12  NUMBER OF ANY RELEVANT COURT DECISION WHICH FORMED A BASIS FOR
    13  THE DECISION. IF THE CHALLENGE IS DEEMED VALID, THE APPROPRIATE
    14  OFFICIALS MUST ENSURE THAT:
    15         (1)  THE CRIMINAL HISTORY RECORD INFORMATION IS
    16     CORRECTED.
    17         (2)  A CERTIFIED AND CORRECTED COPY OF THE CRIMINAL
    18     HISTORY RECORD INFORMATION IS PROVIDED TO THE INDIVIDUAL.
    19         (3)  PRIOR ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION
    20     DISSEMINATED TO CRIMINAL JUSTICE AGENCIES SHALL BE DESTROYED
    21     OR RETURNED AND REPLACED WITH CORRECTED INFORMATION.
    22         (4)  THE INDIVIDUAL IS SUPPLIED WITH THE NAMES OF THOSE
    23     NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS WHICH HAVE
    24     RECEIVED ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION.
    25     (E)  APPEALS.--
    26         (1)  IF THE CHALLENGE IS RULED INVALID, AN INDIVIDUAL HAS
    27     THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL
    28     WITHIN 30 DAYS OF NOTIFICATION OF THE DECISION BY THE
    29     CRIMINAL JUSTICE AGENCY.
    30         (2)  THE ATTORNEY GENERAL SHALL [HAVE THE AUTHORITY TO
    20070H1845B4522                 - 19 -     

     1     CONDUCT ADMINISTRATIVE APPEAL HEARINGS] CONDUCT A HEARING DE
     2     NOVO IN ACCORDANCE WITH THE ADMINISTRATIVE AGENCY LAW. THE
     3     BURDEN OF PROOF SHALL BE UPON THE PARTY BEARING THE BURDEN OF
     4     PROOF ON THE CHALLENGE.
     5         (3)  THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED
     6     TO THE COMMONWEALTH COURT BY AN AGGRIEVED INDIVIDUAL.
     7     SECTION 8.  CHAPTER 61 OF TITLE 18 IS AMENDED BY ADDING A
     8  SUBCHAPTER TO READ:
     9                            SUBCHAPTER D
    10                     STRAW PURCHASE PREVENTION
    11                         EDUCATION PROGRAM
    12  SEC.
    13  6181.  SCOPE OF SUBCHAPTER.
    14  6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
    15  6183.  DEFINITIONS.
    16  6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    17  6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
    18  6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    19  6187.  TRANSFER FOR INITIAL FUNDING.
    20  § 6181.  SCOPE OF SUBCHAPTER.
    21     THIS SUBCHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE STRAW
    22  PURCHASE PREVENTION EDUCATION PROGRAM WITHIN THE OFFICE OF
    23  ATTORNEY GENERAL.
    24  § 6182.  LEGISLATIVE FINDINGS AND DECLARATIONS.
    25     THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
    26         (1)  THE ILLEGAL PURCHASE OF FIREARMS THROUGHOUT THIS
    27     COMMONWEALTH IS A THREAT TO PUBLIC SAFETY AND SECURITY.
    28         (2)  URBAN AREAS ARE EXPERIENCING INCREASED VIOLENCE AS A
    29     RESULT OF CRIMINAL MISUSE OF FIREARMS. STEMMING THE FLOW OF
    30     THESE ILLEGAL FIREARMS THROUGH STRAW PURCHASES WILL HELP TO
    20070H1845B4522                 - 20 -     

     1     CURB THE CRIME RATE THROUGHOUT THIS COMMONWEALTH AND INCREASE
     2     PUBLIC SAFETY.
     3         (3)  EDUCATING THE PUBLIC THAT ILLEGALLY PURCHASING A
     4     FIREARM FOR SOMEONE OTHERWISE PROHIBITED FROM POSSESSING ONE
     5     IS A SERIOUS CRIME AND PUNISHABLE UNDER FEDERAL LAW BY TEN
     6     YEARS' IMPRISONMENT ADVANCES PUBLIC SAFETY.
     7         (4)  COMMITTED TO EDUCATING FIREARMS DEALERS AND THE
     8     GENERAL PUBLIC, THE NATIONAL SHOOTING SPORTS FOUNDATION, IN
     9     PARTNERSHIP WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
    10     EXPLOSIVES, IN JULY 2000 CREATED THE "DON'T LIE FOR THE OTHER
    11     GUY PROGRAM."
    12         (5)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" WAS
    13     DEVELOPED TO RAISE PUBLIC AWARENESS THAT IT IS A SERIOUS
    14     CRIME TO PURCHASE A FIREARM FOR SOMEONE WHO CANNOT LEGALLY DO
    15     SO AND TO EDUCATE FIREARMS DEALERS ON HOW TO BETTER DETECT
    16     AND DETER POTENTIAL STRAW PURCHASES. THE CAMPAIGN DELIVERS
    17     THE MESSAGE THAT ANYONE ATTEMPTING AN ILLEGAL FIREARM
    18     PURCHASE FACES A STIFF FEDERAL PENALTY.
    19         (6)  THE "DON'T LIE FOR THE OTHER GUY PROGRAM" IS VITAL
    20     TO EDUCATING FEDERALLY LICENSED FIREARMS DEALERS AND THEIR
    21     EMPLOYEES ON HOW TO RECOGNIZE AND DETER THE ILLEGAL PURCHASE
    22     OF FIREARMS THROUGH STRAW PURCHASES. THIS PROGRAM IS AN
    23     IMPORTANT TOOL FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS
    24     AND EXPLOSIVES TO PURSUE ITS MISSION OF PREVENTING TERRORISM,
    25     REDUCING VIOLENT CRIME AND PROTECTING THE PUBLIC.
    26         (7)  THE NATIONALLY RECOGNIZED "DON'T LIE FOR THE OTHER
    27     GUY PROGRAM" HAS BEEN ENDORSED BY UNITED STATES ATTORNEYS
    28     THROUGHOUT THE NATION, VARIOUS LAW ENFORCEMENT AGENCIES, THE
    29     BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE
    30     DEPARTMENT OF JUSTICE.
    20070H1845B4522                 - 21 -     

     1         (8)  IT IS IN THE BEST INTEREST OF THIS COMMONWEALTH TO
     2     ESTABLISH A STRAW PURCHASE PREVENTION EDUCATION PROGRAM
     3     WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES
     4     AND DIRECT GRANT MONEY TO THE "DON'T LIE FOR THE OTHER GUY
     5     PROGRAM" AND SIMILAR PROGRAMS THAT OFFER STRAW PURCHASE
     6     PREVENTION EDUCATION.
     7  § 6183.  DEFINITIONS.
     8     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
     9  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    10  CONTEXT CLEARLY INDICATES OTHERWISE:
    11     "FUND."  THE STRAW PURCHASE PREVENTION EDUCATION FUND
    12  ESTABLISHED IN SECTION 6186 (RELATING TO STRAW PURCHASE
    13  PREVENTION EDUCATION FUND).
    14     "PROGRAM."  THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM
    15  ESTABLISHED IN SECTION 6184 (RELATING TO STRAW PURCHASE
    16  PREVENTION EDUCATION PROGRAM).
    17  § 6184.  STRAW PURCHASE PREVENTION EDUCATION PROGRAM.
    18     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    19  PROGRAM IS ESTABLISHED AND SHALL PROVIDE RESOURCES AND DIRECT
    20  GRANT MONEY TO UNDERWRITE THE COST OF IMPLEMENTING AN
    21  EDUCATIONAL AND PUBLIC SERVICE OUTREACH PROGRAM IN THE
    22  COMMUNITY.
    23     (B)  OUTREACH.--THE EDUCATIONAL AND PUBLIC SERVICE OUTREACH
    24  PROGRAM SHALL INFORM INDIVIDUALS OF THE ILLEGAL NATURE OF
    25  PURCHASING A FIREARM FOR AN INDIVIDUAL PROHIBITED FROM OWNING
    26  FIREARMS. THE OUTREACH PROGRAM SHALL BE DEVELOPED BY A NOT-FOR-
    27  PROFIT ORGANIZATION WHICH:
    28         (1)  IS A NATIONAL TRADE ASSOCIATION REPRESENTING THE
    29     SHOOTING, HUNTING AND FIREARM INDUSTRY.
    30         (2)  HAS A MEMBERSHIP CONSISTING OF FIREARM
    20070H1845B4522                 - 22 -     

     1     MANUFACTURERS, FIREARM DISTRIBUTORS, FIREARM RETAILERS,
     2     PUBLISHERS AND SPORTSMEN'S ORGANIZATIONS.
     3         (3)  HAS BEEN IN EXISTENCE FOR AT LEAST 45 YEARS PRIOR TO
     4     THE EFFECTIVE DATE OF THIS SECTION.
     5     (C)  PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED
     6  ON THE HIGHEST INCIDENCE OF FIREARM VIOLENCE IN A COUNTY OF THIS
     7  COMMONWEALTH.
     8  § 6185.  POWERS AND DUTIES OF ATTORNEY GENERAL.
     9     IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY
    10  GENERAL OF THE COMMONWEALTH SHALL:
    11         (1)  ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE
    12     FUND PURSUANT TO SECTION 6184 (RELATING TO STRAW PURCHASE
    13     PREVENTION EDUCATION PROGRAM).
    14         (2)  PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE
    15     PROVISIONS OF THIS SUBCHAPTER.
    16  § 6186.  STRAW PURCHASE PREVENTION EDUCATION FUND.
    17     (A)  ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION
    18  FUND IS HEREBY ESTABLISHED IN THE STATE TREASURY AS A RESTRICTED
    19  ACCOUNT. THE FUND SHALL CONSIST OF FUNDS APPROPRIATED BY THE
    20  GENERAL ASSEMBLY.
    21     (B)  CONTINUING APPROPRIATION.--ALL MONEYS IN THE FUND AND
    22  THE INTEREST ACCRUING THEREON ARE HEREBY APPROPRIATED TO THE
    23  OFFICE OF ATTORNEY GENERAL ON A CONTINUING BASIS TO CARRY OUT
    24  THE PROVISIONS OF THIS SUBCHAPTER.
    25  § 6187.  TRANSFER FOR INITIAL FUNDING.
    26     THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL
    27  FUND TO THE STRAW PURCHASE PREVENTION EDUCATION FUND FOR
    28  EXPENDITURE DURING THE FISCAL YEAR JULY 1, 2008 2009, TO JUNE     <--
    29  30, 2009 2010, TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER.    <--
    30     Section 8 9.  Section 5552(b)(1) and (c) of Title 42 are       <--
    20070H1845B4522                 - 23 -     

     1  amended to read:
     2  § 5552.  Other offenses.
     3     * * *
     4     (b)  Major offenses.--A prosecution for any of the following
     5  offenses must be commenced within five years after it is
     6  committed:
     7         (1)  Under the following provisions of Title 18 (relating
     8     to crimes and offenses):
     9             Section 901 (relating to criminal attempt) involving
    10         attempt to commit murder where no murder occurs.
    11             Section 902 (relating to criminal solicitation)
    12         involving solicitation to commit murder where no murder
    13         occurs.
    14             Section 903 (relating to criminal conspiracy)
    15         involving conspiracy to commit murder where no murder
    16         occurs.
    17             Section 911 (relating to corrupt organizations).
    18             Section 2702 (relating to aggravated assault).
    19             Section 2706 (relating to terroristic threats).
    20             Section 2713 (relating to neglect of care-dependent
    21         person).
    22             Section 2901 (relating to kidnapping).
    23             Section 3301 (relating to arson and related
    24         offenses).
    25             Section 3502 (relating to burglary).
    26             Section 3701 (relating to robbery).
    27             Section 3921 (relating to theft by unlawful taking or
    28         disposition) through section 3933 (relating to unlawful
    29         use of computer).
    30             Section 4101 (relating to forgery).
    20070H1845B4522                 - 24 -     

     1             Section 4107 (relating to deceptive or fraudulent
     2         business practices).
     3             Section 4108 (relating to commercial bribery and
     4         breach of duty to act disinterestedly).
     5             Section 4109 (relating to rigging publicly exhibited
     6         contest).
     7             Section 4117 (relating to insurance fraud).
     8             Section 4701 (relating to bribery in official and
     9         political matters) through section 4703 (relating to
    10         retaliation for past official action).
    11             Section 4902 (relating to perjury) through section
    12         4912 (relating to impersonating a public servant).
    13             Section 4952 (relating to intimidation of witnesses
    14         or victims).
    15             Section 4953 (relating to retaliation against witness
    16         [or victim], victim or party).
    17             Section 5101 (relating to obstructing administration
    18         of law or other governmental function).
    19             Section 5111 (relating to dealing in proceeds of
    20         unlawful activities).
    21             Section 5512 (relating to lotteries, etc.) through
    22         section 5514 (relating to pool selling and bookmaking).
    23             Section 5902(b) (relating to prostitution and related
    24         offenses).
    25             Section 6111(g)(2) and (4) (relating to sale or
    26         transfer of firearms).
    27         * * *
    28     (c)  Exceptions.--If the period prescribed in subsection (a),
    29  (b) or (b.1) has expired, a prosecution may nevertheless be
    30  commenced for:
    20070H1845B4522                 - 25 -     

     1         * * *
     2         (4)  An offense in violation of 18 Pa.C.S. § 6111(c) or
     3     (g) (relating to sale or transfer of firearms), within one
     4     year of its discovery by State or local law enforcement, but
     5     in no case shall this paragraph extend the period of
     6     limitation otherwise applicable by more than eight years.
     7     * * *
     8     Section 9 10.  The provisions of 17 Pa. Code § 11.215          <--
     9  (relating to weapons and hunting) are abrogated to the extent
    10  they apply to any person identified under 18 Pa.C.S. §
    11  6109(m.2).
    12     Section 10 11.  This act shall take effect in 60 days. AS      <--
    13  FOLLOWS:
    14         (1)  THE AMENDMENT OF 18 PA.C.S. §§ 6111.1(E) AND 9152(D)
    15     AND (E) SHALL TAKE EFFECT IMMEDIATELY.
    16         (2)  THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
    17         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
    18     DAYS.








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