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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WASHINGTON, GREENLEAF, KITCHEN, TARTAGLIONE, WILLIAMS AND STACK, FEBRUARY 11, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 11, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities |
2 | Generally) of the Pennsylvania Consolidated Statutes, |
3 | providing for a limit on handgun purchases and sales in |
4 | cities of the first class; establishing the Violence |
5 | Prevention Fund; further providing for limitation on the |
6 | regulation of firearms and ammunition and for limitation on |
7 | municipal powers. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 18 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a section to read: |
12 | § 6111.6. Limit on handgun purchases and sales in cities of the |
13 | first class. |
14 | (a) Purchase of handgun.--No person may purchase more than |
15 | one handgun in a city of the first class within any 30-day |
16 | period. |
17 | (b) Sale of handgun.--No person may sell or cause to be sold |
18 | to a person in a city of the first class more than one handgun |
19 | within any 30-day period. |
20 | (c) Exceptions.--This section shall not apply to the |
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1 | following: |
2 | (1) A licensed firearm dealer who is purchasing the |
3 | handguns in the ordinary course of business. |
4 | (2) A licensed firearm collector. |
5 | (3) A law enforcement agency or an agency authorized to |
6 | perform law enforcement duties. |
7 | (4) State and local correctional facilities. |
8 | (5) A private security company licensed to do business |
9 | within this Commonwealth. |
10 | (6) The purchase or sale of antique firearms. |
11 | (7) A person whose handgun is stolen or irretrievably |
12 | lost if: |
13 | (i) the person provides the seller with an official |
14 | copy of the police report of the lost or stolen handgun |
15 | or a summary of the report on a form provided by the |
16 | Pennsylvania State Police; |
17 | (ii) the police report or summary contains the name |
18 | and address of the handgun owner, the description of the |
19 | handgun, the location of the loss or theft, the date of |
20 | the loss or theft and the date the loss or theft was |
21 | reported to the law enforcement agency; |
22 | (iii) the date of the loss or theft as reflected on |
23 | the police report or summary occurred within 30 days of |
24 | the person's attempt to replace the handgun; and |
25 | (iv) the seller attaches an official copy of the |
26 | police report or summary of the report to the original |
27 | sales receipt or other document evidencing the original |
28 | sale and retains it for a period prescribed by regulation |
29 | of the Pennsylvania State Police. |
30 | (d) Grading.-- |
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1 | (1) Except as set forth in paragraph (2), a person who |
2 | is convicted of violating subsection (a) or (b) commits a |
3 | misdemeanor of the third degree. |
4 | (2) A second or subsequent offense under subsection (a) |
5 | or (b) shall constitute a felony of the third degree. |
6 | (e) Disposition of fines collected.--The court imposing and |
7 | collecting a fine under subsection (d) shall transfer the fines |
8 | collected to the State Treasurer for deposit in the Violence |
9 | Prevention Fund under subsection (f). |
10 | (f) Violence Prevention Fund.--There is established in the |
11 | General Fund a nonlapsing, restricted receipt account to be |
12 | known as the Violence Prevention Fund. Money in the fund is |
13 | hereby appropriated to the Pennsylvania Commission on Crime and |
14 | Delinquency solely for purposes of violence prevention and youth |
15 | violence prevention, including youth education and activities |
16 | designed to prevent violence and grants to law enforcement |
17 | agencies for equipment and training designed to prevent gun- |
18 | related injuries. |
19 | (g) Notice.--A seller shall notify each prospective |
20 | purchaser that the purchase of more than one handgun in a 30-day |
21 | period is prohibited under this section and of the applicable |
22 | penalties. |
23 | (h) Handgun purchase history check.--In addition to any |
24 | other duty prescribed by this section, a seller of a handgun |
25 | shall request the Pennsylvania State Police to conduct a handgun |
26 | purchase history check to investigate whether the prospective |
27 | handgun purchaser is in compliance with this section. A handgun |
28 | purchase history check shall be conducted in accordance with the |
29 | procedures governing other background checks under this |
30 | subchapter. A handgun purchase history check shall be conducted |
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1 | at the same time any criminal history, juvenile delinquency or |
2 | mental health records check is required for a firearm purchase |
3 | under this subchapter. Information related to a handgun purchase |
4 | provided to the Pennsylvania State Police by a seller may be |
5 | retained by the Pennsylvania State Police as necessary to |
6 | monitor compliance with this section. |
7 | (i) Expiration.--This section shall expire seven years after |
8 | it takes effect unless extended by statute. |
9 | (j) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection: |
12 | "Handgun." Either of the following: |
13 | (1) A firearm which has a short stock and is designed to |
14 | be held and fired by the use of a single hand. |
15 | (2) Any combination of parts from which a firearm |
16 | described under paragraph (1) can be assembled. |
17 | "Licensed firearm collector." A person who collects firearms |
18 | and is licensed as a collector under 18 U.S.C. § 923 (relating |
19 | to licensing). |
20 | "Licensed firearm dealer." A person who is licensed as a |
21 | firearm dealer under 18 U.S.C. § 923 (relating to licensing). |
22 | "Purchase." The term does not include the exchange or |
23 | replacement of a handgun by a seller for a handgun purchased |
24 | from the seller by the same person seeking the exchange or |
25 | replacement within the 30-day period immediately preceding the |
26 | date of exchange or replacement. |
27 | Section 2. Section 6120(a) of Title 18 is amended and the |
28 | section is amended by adding a subsection to read: |
29 | § 6120. Limitation on the regulation of firearms and |
30 | ammunition. |
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1 | (a) General rule.--[No] Except as set forth in subsection |
2 | (a.2) and notwithstanding 53 Pa.C.S. § 2962(g) (relating to |
3 | limitation on municipal powers), no county, municipality or |
4 | township may in any manner regulate the lawful ownership, |
5 | possession, transfer or transportation of firearms, ammunition |
6 | or ammunition components when carried or transported for |
7 | purposes not prohibited by the laws of this Commonwealth. |
8 | * * * |
9 | (a.2) Exception.-- |
10 | (1) The governing body of a municipality may enact an |
11 | ordinance that adopts the provisions of section 6111.6 |
12 | (relating to limit on handgun purchases and sales in cities |
13 | of the first class). |
14 | (2) Prior to adopting the ordinance, the governing body |
15 | shall adopt a proposed ordinance which shall include all of |
16 | the following information: |
17 | (i) The provisions of section 6111.6. |
18 | (ii) The content of the ordinance that will be |
19 | enacted, including the effective date. |
20 | (iii) A statement that the proposed ordinance is |
21 | being adopted pursuant to and subject to the requirements |
22 | of this section. |
23 | (3) The governing body must give public notice of its |
24 | intent to adopt the proposed ordinance and hold at least one |
25 | public hearing on the proposed ordinance prior to adoption. |
26 | Publication of the notice shall be made by advertisement once |
27 | a week for three weeks in a newspaper of general circulation |
28 | within the municipality if there is such a newspaper and, if |
29 | there is not, then the publication shall be made in a |
30 | newspaper of general circulation within the county in which |
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1 | the advertising municipality is located. |
2 | (4) For purposes of this subsection, the term |
3 | "municipality" shall mean a city, borough or township. The |
4 | term shall not include a city of the first class. |
5 | * * * |
6 | Section 3. Section 2962(g) of Title 53 is amended to read: |
7 | § 2962. Limitation on municipal powers. |
8 | * * * |
9 | (g) Regulation of firearms.--[A] Except as set forth in 18 |
10 | Pa.C.S. § 6120(a.2) (relating to limitation on the regulation of |
11 | firearms and ammunition), a municipality shall not enact any |
12 | ordinance or take any other action dealing with the regulation |
13 | of the transfer, ownership, transportation or possession of |
14 | firearms. |
15 | * * * |
16 | Section 4. This act shall take effect in 60 days. |
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