PRINTER'S NO. 1502
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1357
Session of
2023
INTRODUCED BY PARKER, MADDEN, HOHENSTEIN, SANCHEZ, GUENST,
KINKEAD, CONKLIN, FIEDLER, JOZWIAK, GREEN AND GALLOWAY,
JUNE 9, 2023
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 2023
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,
for Pennsylvania State Police and for firearm sales
surcharge.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6111(b)(1.1) and (3), 6111.1(b)(2) and
6111.2(a) of Title 18 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 6111. Sale or transfer of firearms.
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(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:
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[(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
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 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
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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 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), no information on the application/record of
sale provided pursuant to this subsection shall be
retained as 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.]
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(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history 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] $6
per buyer or transferee.
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§ 6111.1. Pennsylvania State Police.
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(b) Duty of Pennsylvania State Police.--
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(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. [If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any
sale or transfer of a firearm for the purpose of a subsequent
background check.]
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§ 6111.2. Firearm sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm subject to tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
additional surcharge of [$3] $10. This shall be referred to as
the Firearm Sale Surcharge. All moneys received from this
surcharge shall be deposited in the Firearm Instant Records
Check Fund.
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Section 2. This act shall take effect in 60 days.
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