THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, DAVIS, PASHINSKI, SWANGER AND WAGNER, APRIL 28, 2011

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 28, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for licensing of

dealers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6113 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 6113.  Licensing of dealers.

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(a.1)  Background checks required.--

(1)  Prior to issuing a license pursuant to this section,

the person authorized to issue a license to the applicant

shall ensure:

(i)  that the applicant undergoes an investigation

conducted pursuant to section 6109 (relating to licenses)

and that the applicant would not be prohibited from

obtaining a license pursuant to that section; and

(ii)  that the applicant possesses a valid Federal

firearms license and is in compliance with all Federal

and State laws and regulations relating thereto,

including any firearm sale or transfer recordkeeping

requirements.

(2)  Notwithstanding any provision of law to the

contrary, and except as provided in paragraph (3), no dealer

shall permit any person to perform any act on his behalf

which is required by any provision of this subchapter unless

the dealer first conducts criminal history, juvenile

delinquency and mental health records background checks on

the person following the procedures set forth in section 6111

(relating to sale or transfer of firearms), receives a unique

approval number for that inquiry and maintains a record of

the date and approval number to ensure the person is not

subject to the prohibitions of section 6105 (relating to

persons not to possess, use, manufacture, control, sell or

transfer firearms). Background checks on such persons shall,

at a minimum, be conducted every three years. The dealer

shall maintain proof of compliance with this paragraph upon

the premises designated in the license and, for each person

acting on his behalf at a lawful gun show or meet, at the

point of sale at the lawful gun show or meet.

(3)  The background checks required by paragraph (2)

shall not be required if the person performing acts on behalf

of the dealer holds a valid license to carry a firearm issued

pursuant to section 6109 or if the person is a State

constable, sheriff, prison or jail warden, or the person's

deputy, a policeman of this Commonwealth or its political

subdivisions or other law enforcement officer.

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Section 2.  This act shall take effect in 60 days.