PRINTER'S NO. 3265
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2688
Session of
2022
INTRODUCED BY HOWARD, FRANKEL, MADDEN, WELBY, T. DAVIS, SANCHEZ,
SCHLOSSBERG, DELLOSO, GUENST, D. WILLIAMS, PARKER, HERRIN AND
HILL-EVANS, JUNE 20, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 20, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for sale or transfer of firearms;
establishing the Pennsylvania Firearms Buyback Program and
the Pennsylvania Firearms Buyback Program Fund; and imposing
duties on the Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(j)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6111. Sale or transfer of firearms.
* * *
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not
apply to:
(i) sales between Federal firearms licensees; [or]
(ii) the purchase of firearms by a chief law
enforcement officer or his designee, for the official use
of law enforcement officers[.]; or
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(iii) the purchase of firearms by a chief law
enforcement officer or a designee as part of the
Pennsylvania Firearms Buyback Program.
* * *
Section 2. Chapter 61 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER E
PENNSYLVANIA FIREARMS BUYBACK PROGRAM
Sec.
6191. Definitions.
6192. Pennsylvania Firearms Buyback Program.
6193. Powers and duties of Attorney General.
6194. Pennsylvania Firearms Buyback Program Fund.
§ 6191. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Firearm." As defined in section 6105(i) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms). The term does not include an antique firearm
as defined in section 6118 (relating to antique firearms).
"Fund." The Pennsylvania Firearms Buyback Program Fund
established under section 6194 (relating to Pennsylvania
Firearms Buyback Program Fund).
"Program." The Pennsylvania Firearms Buyback Program
established under section 6192 (relating to Pennsylvania
Firearms Buyback Program).
§ 6192. Pennsylvania Firearms Buyback Program.
(a) Establishment.--The Pennsylvania Firearms Buyback
Program is established in the Office of Attorney General.
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(b) Purpose.--The purpose of the program is to reduce
violence and crime in a community by offering an incentive for
the voluntary surrender of firearms to a participating law
enforcement officer or sheriff.
(c) Voluntary participation.--A law enforcement officer or
sheriff in this Commonwealth may participate in the program.
(d) Surrender of firearms.--
(1) An individual may surrender a firearm to a law
enforcement officer or sheriff who participates in the
program.
(2) A law enforcement officer or sheriff who
participates in the program and accepts the surrender of a
firearm from an individual through the program shall keep the
identity of the individual confidential.
(3) An individual who surrenders a firearm under this
subsection shall not be subject to prosecution for possession
of the firearm.
§ 6193. Powers and duties of Attorney General.
(a) Administration.--The Attorney General shall administer
the program in consultation with the Commissioner of the
Pennsylvania State Police, law enforcement officers and
sheriffs.
(b) Rules and regulations.--The Attorney General shall
promulgate rules and regulations necessary to effectuate the
implementation of the program. Rules and regulations promulgated
under this subsection may include guidelines for:
(1) A law enforcement officer or sheriff participating
in the program to:
(i) Designate when and where a firearm may be
surrendered by an individual.
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(ii) Coordinate with community groups within its
jurisdiction.
(iii) Handle the surrender of firearms, including:
(A) Safe storage and disposal of firearms
surrendered through the program.
(B) Return of stolen firearms recovered through
the program to the lawful owner.
(C) Retention for evidence of firearms
determined to have been used in a crime.
(iv) Develop and implement an independent firearms
buyback program that meets the requirements of this
subchapter and is otherwise permitted by law.
(2) Monetary or other incentives for a surrendered
firearm, which shall not be less than 40% of the fair market
price of a firearm of the same type and in the same condition
as the surrendered firearm.
§ 6194. Pennsylvania Firearms Buyback Program Fund.
(a) Establishment.--The Pennsylvania Firearms Buyback
Program Fund is established as a restricted receipt account in
the State Treasury.
(b) Funding.--The fund shall consist of money from the
following sources:
(1) Appropriations or transfers enacted by the General
Assembly.
(2) Donations from private businesses, charities and
individuals.
(3) Other money, including assets, seizures and
forfeitures collected by law enforcement officers or
sheriffs.
(c) Continuing appropriation.--All money in the fund is
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appropriated on a continuing basis to the Office of Attorney
General for the purpose of administering this subchapter.
Section 3. This act shall take effect in 60 days.
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