PRINTER'S NO. 2090
No. 1633 Session of 2007
INTRODUCED BY CRUZ, YOUNGBLOOD, BLACKWELL, JAMES AND THOMAS,
JUNE 26, 2007
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 26, 2007
AN ACT
1 Relating to firearm registration in cities of the first class;
2 providing for duties of the Pennsylvania State Police; and
3 imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the First Class
8 City Firearm Registration Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Antique firearm." Includes:
14 (1) Any firearm, including any firearm with a matchlock,
15 flintlock, percussion cap or similar type of ignition system,
16 manufactured in or before 1898.
17 (2) Any replica of any firearm described in paragraph
18 (1) if the replica:
1 (i) is not designed or redesigned for using rimfire
2 or conventional center fire fixed ammunition; or
3 (ii) uses rimfire or conventional center fire
4 ammunition that is no longer manufactured in the United
5 States and that is not readily available in the ordinary
6 channels of commercial trade.
7 (3) Any firearm, other than a machine gun, which,
8 although designed as a weapon, the Pennsylvania State Police
9 finds by reason of the date of its manufacture, value, design
10 and other characteristics is primarily a collector's item and
11 is not likely to be used as a weapon.
12 "Firearm." A weapon which will or is designed or restored to
13 expel a projectile or projectiles by the action of any
14 explosive, the frame or receiver of any such device or any
15 firearm muffler or silencer. The term shall not include:
16 (1) Antique firearms.
17 (2) Any device used exclusively for line-throwing,
18 signaling or safety and required or recommended by the United
19 States Coast Guard or Interstate Commerce Commission.
20 (3) Any device used exclusively for firing explosives,
21 rivets, stud cartridges or any similar industrial ammunition
22 incapable of use as a weapon.
23 Section 3. Registration.
24 (a) General rule.--All firearms in a city of the first class
25 shall be registered in accordance with this section. It shall be
26 the duty of a person owning or possessing any firearm to cause
27 the firearm to be registered. No person within a city of the
28 first class may possess, harbor, have under the person's
29 control, transfer, offer for sale, sell, give, deliver or accept
30 any firearm unless the person is the holder of a valid
20070H1633B2090 - 2 -
1 registration certificate for the firearm. No person within a
2 city of the first class may possess, harbor, have under the
3 person's control, transfer, offer for sale, sell, deliver or
4 accept any firearm which is unregisterable under this act.
5 (b) Nonapplicability.--This section shall not apply to:
6 (1) Firearms owned or under the direct control or
7 custody of any Federal, State or local governmental authority
8 maintained in the course of its official duties.
9 (2) Duty-related firearms owned and possessed by law
10 enforcement officers who are not residents of this
11 Commonwealth.
12 (3) Duty-related firearms owned and possessed by
13 corrections officers who are not residents of this
14 Commonwealth.
15 (4) Firearms owned, manufactured or processed by
16 licensed manufacturers of firearms, bulk transporters or
17 licensed sellers of firearms at wholesale or retail, provided
18 that such persons have all licenses required by law.
19 (5) Any nonresident of this Commonwealth participating
20 in any lawful recreational firearm-related activity in a city
21 of the first class, or on the way to or from the firearm-
22 related activity in another jurisdiction, provided that the
23 possession or control of the firearm is lawful in the
24 jurisdiction in which the individual resides and that the
25 weapon is either:
26 (i) Broken down in a nonfunctioning state.
27 (ii) Unloaded and enclosed in a case, firearm-
28 carrying box, shipping box or other container.
29 (6) Private security personnel who possess or control
30 any firearm or ammunition within a city of the first class.
20070H1633B2090 - 3 -
1 Firearms under this paragraph shall be owned and maintained
2 by the security firm employing the security personnel and
3 shall be registered by the security firm in accordance with
4 this section.
5 Section 4. Insurance.
6 (a) General rule.--No registration certificate shall be
7 issued to any person unless the person:
8 (1) Has not been convicted of a crime of violence.
9 (2) Has not been convicted within the five years prior
10 to the application of any violation of any law relating to
11 the use, possession or sale of any narcotic or dangerous
12 drug.
13 (3) Is not otherwise ineligible to possess a firearm
14 under any Federal or State law.
15 (b) Application.--Every person who is required to register a
16 firearm under this act shall obtain an application for
17 registration of the firearm from the Pennsylvania State Police.
18 The application shall be in writing and sworn under oath and
19 shall require the following information:
20 (1) The name, home and business address, telephone
21 number, date of birth and Social Security number of the
22 applicant.
23 (2) The age, sex and citizenship of the applicant.
24 (3) The name of the manufacturer, the caliber or gauge,
25 the model, type and serial number of each firearm to be
26 registered.
27 (4) Two photographs taken within 30 days immediately
28 prior to the date of filing the application equivalent to
29 passport size showing the full face, head and shoulders of
30 the applicant in a clear and distinguishing manner.
20070H1633B2090 - 4 -
1 (5) Additional information as the Pennsylvania State
2 Police may deem necessary to process the application.
3 (c) Fingerprinting.--The applicant or registrant shall
4 submit to fingerprinting by the Pennsylvania State Police in
5 accordance with procedures and regulations prescribed by the
6 Pennsylvania State Police.
7 (d) Records.--The Pennsylvania State Police shall cause to
8 be kept an accurate record of each application received and
9 acted upon together with all other information and data
10 pertaining to the application on all applications for owner's
11 registration certificates issued or denied under this act.
12 Applications for owner's registration certificates shall be
13 numbered in consecutive numbers as filed, and each certificate
14 issued shall be identified with the duplicate number of the
15 application upon which it was issued and shall expire
16 automatically one year from the date of issuance.
17 (e) Background check.--The Pennsylvania State Police shall
18 conduct a criminal background check on the applicant to ensure
19 compliance with this section. No application may be approved
20 until and unless a criminal background check is completed.
21 (f) Procedure.--Within 30 days of receipt of an application,
22 the Pennsylvania State Police, after consideration of the
23 application for an owner's registration certificate and all
24 information obtained relative to the application, shall either
25 approve or deny the application and notify the applicant in
26 writing of the determination.
27 (g) Approval.--In the event the application is approved, the
28 Pennsylvania State Police shall issue to the applicant an
29 owner's registration certificate which shall contain the
30 applicant's name, residence, date of birth, photograph and other
20070H1633B2090 - 5 -
1 personal information as may be required by the Pennsylvania
2 State Police. The owner's registration certificate shall not be
3 transferable and shall be carried simultaneously with the
4 firearm and shall be exhibited to any police officer upon demand
5 for inspection. Registration shall not make lawful the carrying
6 or possessing of a firearm if prohibited by law.
7 (h) Denial.--In the event the application is denied, the
8 Pennsylvania State Police shall inform the applicant in writing
9 of the denial. Any applicant who believes that the applicant's
10 application is wrongfully denied may, within ten days after
11 receiving notice of the denial, file a written appeal of the
12 denial in accordance with 2 Pa.C.S. (relating to administrative
13 law and procedure). Within three days after notification of a
14 decision unfavorable to the applicant and all time for appeal
15 having expired, the applicant shall surrender to the
16 Pennsylvania State Police the firearm for which the applicant
17 was denied registration.
18 (i) Renewal.--Each registrant must renew registration
19 annually. Applications for renewal shall be made by a registrant
20 60 days prior to the expiration of the current registration
21 certificate.
22 Section 5. Additional duties of registrant.
23 Each person holding a registration certificate shall:
24 (1) Notify the Pennsylvania State Police of:
25 (i) The loss, theft or destruction of the
26 registration certificate or of a registered firearm
27 within 48 hours of the discovery of the loss, theft or
28 destruction.
29 (ii) A change in any of the information appearing on
30 the registration certificate within 48 hours.
20070H1633B2090 - 6 -
1 (iii) The sale, transfer or other disposition of the
2 firearm not less than 48 hours prior to delivery.
3 (2) Return to the Pennsylvania State Police the
4 registrant's copy of the registration certificate for any
5 firearm which is lost, stolen, destroyed or otherwise
6 disposed of within 48 hours.
7 (3) Keep any firearm in the registrant's possession
8 unloaded and disassembled or bound by a trigger lock, gun
9 safe or similar device unless the firearm is in the
10 registrant's immediate possession and control while at the
11 registrant's place of residence or business or while being
12 used for lawful recreational purposes within a city of the
13 first class. This paragraph shall not apply to law
14 enforcement personnel or security personnel while in the
15 course of their employment.
16 Section 6. Penalty.
17 A person who violates this act commits a summary offense.
18 Section 7. Regulations.
19 The Pennsylvania State Police shall promulgate rules and
20 regulations for the implementation of this act.
21 Section 8. Acquisition or possession prohibited by law.
22 Nothing in this act shall make lawful the acquisition or
23 possession of firearms or firearm accessories which is otherwise
24 prohibited by law.
25 Section 9. Effective date.
26 This act shall take effect in 180 days.
E29L44DMS/20070H1633B2090 - 7 -