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PRINTER'S NO. 231
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
273
Session of
2017
INTRODUCED BY DONATUCCI, DEAN, KINSEY, DRISCOLL, SCHLOSSBERG,
O'BRIEN AND FRANKEL, JANUARY 31, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions, for sale or
transfer of firearms and for Pennsylvania State Police and
providing for self-exclusion from purchasing a firearm.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this subchapter which are applicable to specific
provisions of this subchapter, the following words and phrases,
when used in this subchapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
* * *
"Voluntary self-exclusion list." The list established under
section 6128 (relating to self-exclusion from purchasing a
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firearm) and maintained by the Pennsylvania State Police of
names and identifying information of persons who have
voluntarily agreed to be prohibited from purchasing a firearm or
receiving a firearm by transfer.
Section 2. Sections 6111(b)(1.1), (3) and (6) and 6111.1(b)
(1) and (3) of Title 18 are amended to read:
§ 6111. Sale or transfer of firearms.
* * *
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm to another person, other than a licensed importer,
licensed manufacturer, licensed dealer or licensed collector,
until the conditions of subsection (a) have been satisfied and
until he has:
* * *
(1.1) On the date of publication in the Pennsylvania
Bulletin of a notice by the Pennsylvania State Police that
the instantaneous records check has been implemented, all of
the following shall apply:
(i) In the event of an electronic failure under
section 6111.1(b)(2) (relating to Pennsylvania State
Police) for purposes of a firearm which exceeds the
barrel and related lengths set forth in section 6102,
obtained a completed application/record of sale from the
potential buyer or transferee to be filled out in
triplicate, the original copy to be sent to the
Pennsylvania State Police, postmarked via first class
mail, within 14 days of sale, one copy to be retained by
the licensed importer, licensed manufacturer or licensed
dealer for a period of 20 years and one copy to be
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provided to the purchaser or transferee.
(ii) The form of the application/record of sale
shall be no more than one page in length and shall be
promulgated by the Pennsylvania State Police and provided
by the licensed importer, licensed manufacturer or
licensed dealer.
(iii) For purposes of conducting the criminal
history, juvenile delinquency, voluntary self-exclusion
list and mental health records background check which
shall be completed within ten days of receipt of the
information from the dealer, the application/record of
sale shall include the name, address, birthdate, gender,
race, physical description and Social Security number of
the purchaser or transferee and the date of application.
(iv) No information regarding the type of firearm
need be included other than an indication that the
firearm exceeds the barrel lengths set forth in section
6102.
(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency, voluntary self-
exclusion list and mental health records background check
that the potential purchaser or transferee is prohibited
from possessing a firearm pursuant to section 6105
(relating to persons not to possess, use, manufacture,
control, sell or transfer firearms) or that the potential
purchaser or transferee is prohibited from purchasing or
receiving a firearm because the potential purchaser or
transferee's name appears on the voluntary self-exclusion
list, no information on the application/record of sale
provided pursuant to this subsection shall be retained as
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precluded by section 6111.4 (relating to registration of
firearms) by the Pennsylvania State Police either through
retention of the application/record of sale or by
entering the information onto a computer, and, further,
an application/record of sale received by the
Pennsylvania State Police pursuant to this subsection
shall be destroyed within 72 hours of the completion of
the criminal history, juvenile delinquency and mental
health records background check.
* * *
(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history, check of the voluntary self-
exclusion list and a mental health record check. The
purchaser and the licensed dealer shall provide such
information as is necessary to accurately identify the
purchaser. The requester shall be charged a fee equivalent to
the cost of providing the service but not to exceed $2 per
buyer or transferee.
* * *
(6) Unless it has been discovered pursuant to a criminal
history, juvenile delinquency [and], mental health records
background check and check of the voluntary self-exclusion
list that the potential purchaser or transferee is prohibited
from possessing a firearm pursuant to section 6105 or that
the potential purchaser or transferee is prohibited from
purchasing or receiving a firearm because the potential
purchaser or transferee's name appears on the voluntary self-
exclusion list, no information received via telephone
following the implementation of the instantaneous background
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check system from a purchaser or transferee who has received
a unique approval number shall be retained by the
Pennsylvania State Police.
* * *
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history,
juvenile delinquency history, voluntary self-exclusion list
and mental health record check of the potential purchaser or
transferee, the Pennsylvania State Police shall immediately
during the licensee's call or by return call forthwith:
(i) review the Pennsylvania State Police criminal
history and fingerprint records to determine if the
potential purchaser or transferee is prohibited from
receipt or possession of a firearm under Federal or State
law;
(ii) review the juvenile delinquency and mental
health records of the Pennsylvania State Police to
determine whether the potential purchaser or transferee
is prohibited from receipt or possession of a firearm
under Federal or State law; [and]
(ii.1) review the voluntary self-exclusion list to
determine whether the potential purchaser or transferee's
name appears on the voluntary self-exclusion list and
makes the person ineligible to purchase a firearm or
receive a firearm by transfer; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
prohibited; or
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(B) provide the licensee with a unique approval
number.
* * *
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section as
follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin on the later of:
(A) the date of publication of the notice under
section 6111(a)(2); or
(B) December 31, 1998.
(iii) The Pennsylvania State Police shall begin
reviewing the voluntary self-exclusion list once the
Pennsylvania State Police has promulgated regulations and
established a standardized form by which a person may
request placement on the voluntary self-exclusion list.
If an inquiry by a licensee reveals that a potential
purchaser or transferee's name appears on the voluntary
self-exclusion list, the Pennsylvania State Police shall
inform the licensee making the inquiry that the potential
purchase or transfer is prohibited on that basis.
* * *
Section 3. Title 18 is amended by adding a section to read:
§ 6128. Self-exclusion from purchasing a firearm.
(a) General rule.--The Pennsylvania State Police shall
establish and maintain a list of persons self-excluded from
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purchasing a firearm or receiving a firearm by transfer. A
person may, in a form and manner to be established by the
Pennsylvania State Police, request placement on the voluntary
self-exclusion list. The form shall require the person to agree
that, during any period of placement on the voluntary self-
exclusion list, the person will not be permitted to purchase a
firearm or receive a firearm by transfer.
(b) Period of exclusion.--The length of placement of the
voluntary self-exclusion list requested by a person must be one
of the following:
(1) One year.
(2) Five years.
(3) Lifetime.
(c) Voluntary surrender of firearms.--A person whose name
appears on the voluntary self-exclusion list may voluntarily
surrender to the Pennsylvania State Police any firearm owned or
possessed by the person. The Pennsylvania State Police shall:
(1) Hold the firearm in safekeeping until the person's
name is no longer placed on the voluntary self-exclusion
list, at which time the Pennsylvania State Police shall
return the firearm to the person.
(2) Retain the firearm if the person's name appears on a
voluntary self-exclusion list for lifetime placement.
(d) Removal from voluntary self-exclusion list.--
(1) A person whose name is placed on the voluntary self-
exclusion list for one year or five years may, upon the
conclusion of the time period, request removal from the
voluntary self-exclusion list in a form and manner
established by the Pennsylvania State Police. The
Pennsylvania State Police shall remove the name of the person
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from the voluntary self-exclusion list no later than 15
business days following receipt of the request.
(2) A person who has requested lifetime placement on the
voluntary self-exclusion list will be prohibited from
requesting removal from the voluntary self-exclusion list,
and the Pennsylvania State Police may not approve a request
for removal by the person.
(e) Disclosure.--Notwithstanding any other law to the
contrary, the Pennsylvania State Police's voluntary self-
exclusion list shall not be open to public inspection.
(f) Promulgation of regulations.--The Pennsylvania State
Police shall promulgate regulations establishing procedures as
needed to implement the provisions of this section.
Section 4. This act shall take effect in 60 days.
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