SENATE AMENDED PRIOR PRINTER'S NOS. 2516, 3514, 3908 PRINTER'S NO. 4522
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. F8L18SFL/20070H1845B4522 - 26 -