THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WASHINGTON, GREENLEAF, KITCHEN, TARTAGLIONE, WILLIAMS AND STACK, FEBRUARY 11, 2011

REFERRED TO JUDICIARY, FEBRUARY 11, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities

Generally) of the Pennsylvania Consolidated Statutes,

providing for a limit on handgun purchases and sales in

cities of the first class; establishing the Violence

Prevention Fund; further providing for limitation on the

regulation of firearms and ammunition and for limitation on

municipal powers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6111.6.  Limit on handgun purchases and sales in cities of the

first class.

(a)  Purchase of handgun.--No person may purchase more than

one handgun in a city of the first class within any 30-day

period.

(b)  Sale of handgun.--No person may sell or cause to be sold

to a person in a city of the first class more than one handgun

within any 30-day period.

(c)  Exceptions.--This section shall not apply to the

following:

(1)  A licensed firearm dealer who is purchasing the

handguns in the ordinary course of business.

(2)  A licensed firearm collector.

(3)  A law enforcement agency or an agency authorized to

perform law enforcement duties.

(4)  State and local correctional facilities.

(5)  A private security company licensed to do business

within this Commonwealth.

(6)  The purchase or sale of antique firearms.

(7)  A person whose handgun is stolen or irretrievably

lost if:

(i)  the person provides the seller with an official

copy of the police report of the lost or stolen handgun

or a summary of the report on a form provided by the

Pennsylvania State Police;

(ii)  the police report or summary contains the name

and address of the handgun owner, the description of the

handgun, the location of the loss or theft, the date of

the loss or theft and the date the loss or theft was

reported to the law enforcement agency;

(iii)  the date of the loss or theft as reflected on

the police report or summary occurred within 30 days of

the person's attempt to replace the handgun; and

(iv)  the seller attaches an official copy of the

police report or summary of the report to the original

sales receipt or other document evidencing the original

sale and retains it for a period prescribed by regulation

of the Pennsylvania State Police.

(d)  Grading.--

(1)  Except as set forth in paragraph (2), a person who

is convicted of violating subsection (a) or (b) commits a

misdemeanor of the third degree.

(2)  A second or subsequent offense under subsection (a)

or (b) shall constitute a felony of the third degree.

(e)  Disposition of fines collected.--The court imposing and

collecting a fine under subsection (d) shall transfer the fines

collected to the State Treasurer for deposit in the Violence

Prevention Fund under subsection (f).

(f)  Violence Prevention Fund.--There is established in the

General Fund a nonlapsing, restricted receipt account to be

known as the Violence Prevention Fund. Money in the fund is

hereby appropriated to the Pennsylvania Commission on Crime and

Delinquency solely for purposes of violence prevention and youth

violence prevention, including youth education and activities

designed to prevent violence and grants to law enforcement

agencies for equipment and training designed to prevent gun-

related injuries.

(g)  Notice.--A seller shall notify each prospective

purchaser that the purchase of more than one handgun in a 30-day

period is prohibited under this section and of the applicable

penalties.

(h)  Handgun purchase history check.--In addition to any

other duty prescribed by this section, a seller of a handgun

shall request the Pennsylvania State Police to conduct a handgun

purchase history check to investigate whether the prospective

handgun purchaser is in compliance with this section. A handgun

purchase history check shall be conducted in accordance with the

procedures governing other background checks under this

subchapter. A handgun purchase history check shall be conducted

at the same time any criminal history, juvenile delinquency or

mental health records check is required for a firearm purchase

under this subchapter. Information related to a handgun purchase

provided to the Pennsylvania State Police by a seller may be

retained by the Pennsylvania State Police as necessary to

monitor compliance with this section.

(i)  Expiration.--This section shall expire seven years after

it takes effect unless extended by statute.

(j)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Handgun."  Either of the following:

(1)  A firearm which has a short stock and is designed to

be held and fired by the use of a single hand.

(2)  Any combination of parts from which a firearm

described under paragraph (1) can be assembled.

"Licensed firearm collector."  A person who collects firearms

and is licensed as a collector under 18 U.S.C. § 923 (relating

to licensing).

"Licensed firearm dealer."  A person who is licensed as a

firearm dealer under 18 U.S.C. § 923 (relating to licensing).

"Purchase."  The term does not include the exchange or

replacement of a handgun by a seller for a handgun purchased

from the seller by the same person seeking the exchange or

replacement within the 30-day period immediately preceding the

date of exchange or replacement.

Section 2.  Section 6120(a) of Title 18 is amended and the

section is amended by adding a subsection to read:

§ 6120.  Limitation on the regulation of firearms and

ammunition.

(a)  General rule.--[No] Except as set forth in subsection

(a.2) and notwithstanding 53 Pa.C.S. § 2962(g) (relating to

limitation on municipal powers), no county, municipality or

township may in any manner regulate the lawful ownership,

possession, transfer or transportation of firearms, ammunition

or ammunition components when carried or transported for

purposes not prohibited by the laws of this Commonwealth.

* * *

(a.2)  Exception.--

(1)  The governing body of a municipality may enact an

ordinance that adopts the provisions of section 6111.6

(relating to limit on handgun purchases and sales in cities

of the first class).

(2)  Prior to adopting the ordinance, the governing body

shall adopt a proposed ordinance which shall include all of

the following information:

(i)  The provisions of section 6111.6.

(ii)  The content of the ordinance that will be

enacted, including the effective date.

(iii)  A statement that the proposed ordinance is

being adopted pursuant to and subject to the requirements

of this section.

(3)  The governing body must give public notice of its

intent to adopt the proposed ordinance and hold at least one

public hearing on the proposed ordinance prior to adoption.

Publication of the notice shall be made by advertisement once

a week for three weeks in a newspaper of general circulation

within the municipality if there is such a newspaper and, if

there is not, then the publication shall be made in a

newspaper of general circulation within the county in which

the advertising municipality is located.

(4)  For purposes of this subsection, the term

"municipality" shall mean a city, borough or township. The

term shall not include a city of the first class.

* * *

Section 3.  Section 2962(g) of Title 53 is amended to read:

§ 2962.  Limitation on municipal powers.

* * *

(g)  Regulation of firearms.--[A] Except as set forth in 18

Pa.C.S. § 6120(a.2) (relating to limitation on the regulation of

firearms and ammunition), a municipality shall not enact any

ordinance or take any other action dealing with the regulation

of the transfer, ownership, transportation or possession of

firearms.

* * *

Section 4.  This act shall take effect in 60 days.