THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KRIEGER, SACCONE, GABLER, METCALFE, PERRY, LAWRENCE, TURZAI, TALLMAN, HUTCHINSON, KAUFFMAN, HARHAI, MILLARD, COHEN, DALEY, GRELL, GROVE, EVERETT, HARHART, WHITE, CAUSER, DENLINGER, ELLIS, MAHER, PICKETT, PETRARCA, MARSHALL, SWANGER, NEUMAN, QUINN, CUTLER, STEVENSON, CREIGHTON, STERN, BLOOM AND GIBBONS, JANUARY 17, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 17, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for definitions, for

licenses, for sale or transfer of firearms, for Pennsylvania

State Police, for firearm sales surcharge, for the Firearm

Records Check Fund, for licensing of dealers, for

administrative regulations and for the Firearms Background

Check Advisory Committee.

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:

* * *

"NICS."  The National Instant Criminal Background Check

System maintained by the Federal Bureau of Investigation in

accordance with the Brady Handgun Violence Prevention Act

(Public Law 103-159, 107 Stat. 1536).

 * * *

Section 2.  Sections 6109(d)(5) and 6111(a), (b), (f), (g)(3)

and (j) of Title 18 are amended to read:

§ 6109.  Licenses.

* * *

(d)  Sheriff to conduct investigation.--The sheriff to whom

the application is made shall:

* * *

(5)  [conduct a criminal background, juvenile delinquency

and mental health check following the procedures set forth in

section 6111 (relating to sale or transfer of firearms),

receive a unique approval number for that inquiry and record

the date and number on the application] contact the NICS and

comply with the requirements of 18 U.S.C. § 922(t) (relating

to unlawful acts).

* * *

§ 6111.  Sale or transfer of firearms.

[(a)  Time and manner of delivery.--

(1)  Except as provided in paragraph (2), no seller shall

deliver a firearm to the purchaser or transferee thereof

until 48 hours shall have elapsed from the time of the

application for the purchase thereof, and, when delivered,

the firearm shall be securely wrapped and shall be unloaded.

(2)  Thirty days after publication in the Pennsylvania

Bulletin that the Instantaneous Criminal History Records

Check System has been established in accordance with the

Brady Handgun Violence Prevention Act (Public Law 103-159, 18

U.S.C. § 921 et seq.), no seller shall deliver a firearm to

the purchaser thereof until the provisions of this section

have been satisfied, and, when delivered, the firearm shall

be securely wrapped and shall be unloaded.]

(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)  For purposes of a firearm as defined in section

6102 (relating to definitions), 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 the 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. The form of this

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. The application/record of

sale shall include the name, address, birthdate, gender,

race, physical description and Social Security number of the

purchaser or transferee, the date of the application and the

caliber, length of barrel, make, model and manufacturer's

number of the firearm to be purchased or transferred. The

application/record of sale shall also contain the following

question:

Are you the actual buyer of the firearm(s), as defined

under 18 Pa.C.S. § 6102 (relating to definitions), listed

on this application/record of sale? Warning: You are not

the actual buyer if you are acquiring the firearm(s) on

behalf of another person, unless you are legitimately

acquiring the firearm as a gift for any of the following

individuals who are legally eligible to own a firearm:

(1)  spouse;

(2)  parent;

(3)  child;

(4)  grandparent; or

(5)  grandchild.

(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

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.

(1.2)  Fees collected under paragraph (3) and section

6111.2 (relating to firearm sales surcharge) shall be

transmitted to the Pennsylvania State Police within 14 days

of collection.]

(1)  (Reserved).

(1.1)  (Reserved).

(1.2)  Reserved).

(1.3)  In addition to the criminal penalty under section

6119 (relating to violation penalty), any person who

knowingly and intentionally [maintains or fails to destroy

any information submitted to the Pennsylvania State Police

for purposes of a background check pursuant to paragraphs

(1.1) and (1.4) or] violates section 6111.4 shall be subject

to a civil penalty of $250 per violation. [, entry or failure

to destroy.

(1.4)  Following implementation of the instantaneous

records check by the Pennsylvania State Police on or before

December 1, 1998, no application/record of sale shall be

completed for the purchase or transfer of a firearm which

exceeds the barrel lengths set forth in section 6102. A

statement shall be submitted by the dealer to the

Pennsylvania State Police, postmarked via first class mail,

within 14 days of the sale, containing the number of firearms

sold which exceed the barrel and related lengths set forth in

section 6102, the amount of surcharge and other fees remitted

and a list of the unique approval numbers given pursuant to

paragraph (4), together with a statement that the background

checks have been performed on the firearms contained in the

statement. The form of the statement relating to performance

of background checks shall be promulgated by the Pennsylvania

State Police.]

(1.5)  Contacted the NICS and complied with the

requirements of 18 U.S.C. § 922(t).

(2)  Inspected photoidentification of the potential

purchaser or transferee, including, but not limited to, a

driver's license, official Pennsylvania photoidentification

card or official government photoidentification card. In the

case of a potential buyer or transferee who is a member of a

recognized religious sect or community whose tenets forbid or

discourage the taking of photographs of members of that sect

or community, a seller shall accept a valid-without-photo

driver's license or a combination of documents, as prescribed

by the Pennsylvania State Police, containing the applicant's

name, address, date of birth and the signature of the

applicant.

[(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 per

buyer or transferee.

(4)  Received a unique approval number for that inquiry

from the Pennsylvania State Police and recorded the date and

the number on the application/record of sale form.

(5)  Issued a receipt containing the information from

paragraph (4), including the unique approval number of the

purchaser. This receipt shall be prima facie evidence of the

purchaser's or transferee's compliance with the provisions of

this section.

(6)  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, no information received via telephone following the

implementation of the instantaneous background check system

from a purchaser or transferee who has received a unique

approval number shall be retained by the Pennsylvania State

Police.

(7)  For purposes of the enforcement of 18 U.S.C. §

922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in

the event the criminal history or juvenile delinquency

background check indicates a conviction for a misdemeanor

that the Pennsylvania State Police cannot determine is or is

not related to an act of domestic violence, the Pennsylvania

State Police shall issue a temporary delay of the approval of

the purchase or transfer. During the temporary delay, the

Pennsylvania State Police shall conduct a review or

investigation of the conviction with courts, local police

departments, district attorneys and other law enforcement or

related institutions as necessary to determine whether or not

the misdemeanor conviction involved an act of domestic

violence. The Pennsylvania State Police shall conduct the

review or investigation as expeditiously as possible. No

firearm may be transferred by the dealer to the purchaser who

is the subject of the investigation during the temporary

delay. The Pennsylvania State Police shall notify the dealer

of the termination of the temporary delay and either deny the

sale or provide the unique approval number under paragraph

(4).]

 * * *

(f)  Application of section.--

(1)  For the purposes of this section only, except as

provided by paragraph (2), "firearm" shall mean any weapon

which is designed to or may readily be converted to expel any

projectile by the action of an explosive or the frame or

receiver of any such weapon.

(2)  The provisions contained in [subsections (a) and]

subsection (c) shall only apply to pistols or revolvers with

a barrel length of less than 15 inches, any shotgun with a

barrel length of less than 18 inches, any rifle with a barrel

length of less than 16 inches or any firearm with an overall

length of less than 26 inches.

(3)  The provisions contained in subsection [(a)] (b)

(1.5) shall not apply to any law enforcement officer whose

current identification as a law enforcement officer shall be

construed as a valid license to carry a firearm or any person

who possesses a valid license to carry a firearm under

section 6109 (relating to licenses).

[(4)  (i)  The provisions of subsection (a) shall not

apply to any person who presents to the seller or

transferor a written statement issued by the official

described in subparagraph (iii) during the ten-day period

ending on the date of the most recent proposal of such

transfer or sale by the transferee or purchaser stating

that the transferee or purchaser requires access to a

firearm because of a threat to the life of the transferee

or purchaser or any member of the household of that

transferee or purchaser.

(ii)  The issuing official shall notify the

applicant's local police authority that such a statement

has been issued. In counties of the first class the chief

of police shall notify the police station or substation

closest to the applicant's residence.

(iii)  The statement issued under subparagraph (ii)

shall be issued by the district attorney, or his

designee, of the county of residence if the transferee or

purchaser resides in a municipality where there is no

chief of police. Otherwise, the statement shall be issued

by the chief of police in the municipality in which the

purchaser or transferee resides.]

(g)  Penalties.--

* * *

(3)  Any person, licensed dealer, licensed manufacturer

or licensed importer who knowingly and intentionally requests

a [criminal history, juvenile delinquency or mental health

record check or other confidential information from the

Pennsylvania State Police under this chapter] NICS check for

any purpose other than compliance with this chapter or

knowingly and intentionally disseminates any [criminal

history, juvenile delinquency or mental health record]

information obtained from a NICS check or other confidential

information to any person other than the subject of the

information commits a felony of the third degree.

* * *

(j)  Exemption.--

(1)  The provisions of [subsections (a) and] subsection

(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.

(2)  For the purposes of this subsection, the term "chief

law enforcement officer" shall include the Commissioner of

the Pennsylvania State Police, the chief or head of a police

department, a county sheriff or any equivalent law

enforcement official.

Section 3.  Section 6111.1(b)(1), (2) and (3), (c), (e), (i),

(j.1), (j.2) and (j.3) of Title 18 are amended and the section

is amended by adding a subsection to read:

§ 6111.1.  Pennsylvania State Police.

* * *

(b)  Duty of Pennsylvania State Police.--

[(1)  Upon receipt of a request for a criminal history,

juvenile delinquency history 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

(iii)  inform the licensee making the inquiry either:

(A)  that the potential purchase or transfer is

prohibited; or

(B)  provide the licensee with a unique approval

number.

(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.

(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.]

 * * *

[(c)  Establish a telephone number.--The Pennsylvania State

Police shall establish a telephone number which shall be

operational seven days a week between the hours of 8 a.m. and 10

p.m. local time for purposes of responding to inquiries as

described in this section from licensed manufacturers, licensed

importers and licensed dealers. The Pennsylvania State Police

shall employ and train such personnel as are necessary to

administer expeditiously the provisions of this section.]

* * *

(e)  Challenge to records.--

(1)  Any person who is denied the right to receive, sell,

transfer, possess, carry, manufacture or purchase a firearm

as a result of the [procedures established by this section]

information recorded in a registry of the Pennsylvania State

Police may challenge the accuracy of that person's criminal

history, juvenile delinquency history or mental health record

[pursuant to a denial by the instantaneous records check] by

submitting a challenge to the Pennsylvania State Police

within 30 days from the date of the denial.

(2)  The Pennsylvania State Police shall conduct a review

of the accuracy of the information forming the basis for the

denial and shall have the burden of proving the accuracy of

the record. Within 20 days after receiving a challenge, the

Pennsylvania State Police shall notify the challenger of the

basis for the denial, including, but not limited to, the

jurisdiction and docket number of any relevant court decision

and provide the challenger an opportunity to provide

additional information for the purposes of the review. The

Pennsylvania State Police shall communicate its final

decision to the challenger within 60 days of the receipt of

the challenge. The decision of the Pennsylvania State Police

shall include all information which formed a basis for the

decision.

(3)  If the challenge is ruled invalid, the person shall

have the right to appeal the decision to the Attorney General

within 30 days of the decision. The Attorney General shall

conduct a hearing de novo in accordance with the

Administrative Agency Law. The burden of proof shall be upon

the Commonwealth.

(4)  The decision of the Attorney General may be appealed

to the Commonwealth Court by an aggrieved party.

(5)  Pursuant to the memorandum of understanding under

subsection (j.4), the Pennsylvania State Police shall report

to the National Instant Criminal Background Check System

Index, Denied Persons Files, the name, date of birth and

physical description of any person who successfully

challenges the accuracy of that person's criminal history,

juvenile delinquency history or mental health record under

this subsection.

* * *

[(i)  Reports.--The Pennsylvania State Police shall annually

compile and report to the General Assembly, on or before

December 31, the following information for the previous year:

(1)  number of firearm sales, including the types of

firearms;

(2)  number of applications for sale of firearms denied,

number of challenges of the denials and number of final

reversals of initial denials;

(3)  summary of the Pennsylvania State Police's

activities, including the average time taken to complete a

criminal history, juvenile delinquency history or mental

health record check; and

(4)  uniform crime reporting statistics compiled by the

Pennsylvania State Police based on the National Incident-

based Reporting System.]

* * *

[(j.1)  Delinquency and mental health records.--The

provisions of this section which relate to juvenile delinquency

and mental health records checks shall be applicable when the

data has been made available to the Pennsylvania State Police

but not later than October 11, 1999.

(j.2)  Records check.--The provisions of this section which

relate to the instantaneous records check conducted by telephone

shall be applicable 30 days following notice by the Pennsylvania

State Police pursuant to section 6111(a)(2).]

(j.3)  Immunity.--[The Pennsylvania State Police and its

employees shall be immune from actions for damages for the use

of a firearm by a purchaser or for the unlawful transfer of a

firearm by a dealer unless the act of the Pennsylvania State

Police or its employees constitutes a crime, actual fraud,

actual malice or willful misconduct.] Unless the act of the

Pennsylvania State Police or its employees constitutes a crime,

actual fraud, actual malice or willful misconduct, the

Pennsylvania State Police and its employees shall be immune from

actions for damages for:

(1)  the use of a firearm by a purchaser or lawful owner;

or

(2)  the unlawful transfer of a firearm by a dealer.

(j.4)  Report to NICS.--The Pennsylvania State Police shall,

in accordance with Federal and State law regarding

confidentiality, enter into a memorandum of understanding with

the Federal Bureau of Investigation for the purpose of

implementing the NICS in this Commonwealth. The Pennsylvania

State Police shall report to the National Instant Criminal

Background Check System Index, Denied Persons Files, the name,

date of birth and physical description of any person who:

(1)  under section 6105, may not possess, use, control,

sell, transfer or manufacture a firearm in this Commonwealth;

or

(2)  was previously reported under paragraph (1) or any

predecessor statute or agreement and may currently possess,

use, control, sell, transfer or manufacture a firearm in this

Commonwealth.

* * *

Section 4.  Sections 6111.2 and 6111.3 of Title 18 are

repealed:

[§ 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. 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.

(b)  Increases or decreases.--Five years from the effective

date of this subsection, and every five years thereafter, the

Pennsylvania State Police shall provide such information as

necessary to the Legislative Budget and Finance Committee for

the purpose of reviewing the need to increase or decrease the

instant check fee. The committee shall issue a report of its

findings and recommendations to the General Assembly for a

statutory change in the fee.

(c)  Revenue sources.--Funds received under the provisions of

this section and section 6111(b)(3) (relating to sale or

transfer of firearms), as estimated and certified by the

Secretary of Revenue, shall be deposited within five days of the

end of each quarter into the fund.

(d)  Definition.--As used in this section only, the term

"firearm" shall mean any weapon which is designed to or may

readily be converted to expel any projectile by the action of an

explosion or the frame or receiver of any such weapon.

§ 6111.3.  Firearm Records Check Fund.

(a)  Establishment.--The Firearm Records Check Fund is hereby

established as a restricted account in the State Treasury,

separate and apart from all other public money or funds of the

Commonwealth, to be appropriated annually by the General

Assembly, for use in carrying out the provisions of section 6111

(relating to firearm ownership). The moneys in the fund on June

1, 1998, are hereby appropriated to the Pennsylvania State

Police.

(b)  Source.--The source of the fund shall be moneys

collected and transferred under section 6111.2 (relating to

firearm sales surcharge) and moneys collected and transferred

under section 6111(b)(3).]

Section 4.1.  Sections 6113(a) and 6124 of Title 18 are

amended to read:

§ 6113.  Licensing of dealers.

(a)  General rule.--The chief or head of any police force or

police department of a city, and, elsewhere, the sheriff of the

county, shall grant to reputable applicants licenses, in form

prescribed by the Pennsylvania State Police, effective for three

years from date of issue, permitting the licensee to sell

firearms direct to the consumer, subject to the following

conditions in addition to those specified in section 6111

(relating to sale or transfer of firearms), for breach of any of

which the license shall be forfeited and the licensee subject to

punishment as provided in this subchapter:

(1)  The business shall be carried on only upon the

premises designated in the license or at a lawful gun show or

meet.

(2)  The license, or a copy thereof, certified by the

issuing authority, shall be displayed on the premises where

it can easily be read.

(3)  No firearm shall be sold in violation of any

provision of this subchapter.

(4)  No firearm shall be sold under any circumstances

unless the purchaser is personally known to the seller or

shall present clear evidence of the purchaser's identity.

(5)  [A true record in triplicate shall be made of every

firearm sold, in a book kept for the purpose, the form of

which may be prescribed by the Pennsylvania State Police, and

shall be personally signed by the purchaser and by the person

effecting the sale, each in the presence of the other, and

shall contain the information required by section 6111. The

record shall be maintained by the licensee for a period of 20

years.] (Reserved).

(6)  No firearm as defined in section 6102 (relating to

definitions) shall be displayed in any part of any premises

where it can readily be seen from the outside. In the event

that the Commissioner of the Pennsylvania State Police shall

find a clear and present danger to public safety within this

Commonwealth or any area thereof, firearms shall be stored

and safeguarded pursuant to regulations to be established by

the Pennsylvania State Police by the licensee during the

hours when the licensee is closed for business.

(7)  The dealer shall possess all applicable current

revenue licenses.

* * *

§ 6124.  Administrative regulations.

The commissioner may establish form specifications and

regulations, consistent with section 6109(c) (relating to

licenses), with respect to uniform forms control, including the

following:

(1)  License to carry firearms.

(2)  Firearm registration.

(3)  Dealer's license.

[(4)  Application for purchase of a firearm.

(5)  Record of sale of firearms.]

Section 4.2.  Section 6126 of Title 18 is repealed:

[§ 6126.  Firearms Background Check Advisory Committee.

(a)  Establishment.--There is hereby established the Firearms

Background Check Advisory Committee which shall consist of six

members as follows:

(1)  The Governor or a designee.

(2)  The Attorney General or a designee.

(3)  The Majority Leader of the Senate or a designee.

(4)  The Minority Leader of the Senate or a designee.

(5)  The Majority Leader of the House of Representatives

or a designee.

(6)  The Minority Leader of the House of Representatives

or a designee.

(b)  Duties.--To facilitate compliance with this chapter and

the intent thereof, the Firearms Background Check Advisory

Committee shall, as follows:

(1)  Review the operations and procedures of the

Pennsylvania State Police relating to the implementation and

administration of the criminal history, juvenile delinquency

and mental health records background checks.

(2)  Advise the Pennsylvania State Police relating to the

development and maintenance of the instantaneous records

check system.

(3)  Provide annual reports to the Governor and the

General Assembly on the advisory committee's findings and

recommendations, including discussions concerning conformance

with the preamble of the act of June 13, 1995 (1st Sp.Sess.,

P.L.1024, No.17), entitled, "An act amending Titles 18

(Crimes and Offenses) and 42 (Judiciary and Judicial

Procedure) of the Pennsylvania Consolidated Statutes, further

providing for the possession of firearms; establishing a

selected Statewide juvenile offender registry; and making an

appropriation."

(c)  Terms.--Members or their designees shall serve a term of

office concurrent with the term of office for which the member

was elected. Any vacancy shall be filled by the appointing

authority.

(d)  Chairperson.--The Governor shall appoint the chairperson

of the advisory committee.

(e)  Expiration.--This section shall expire November 30,

2002.]

Section 5.  The Attorney General shall submit for publication

in the Pennsylvania Bulletin that the National Instant Criminal

Background Check System has established a database to include

offenses and other conditions which prohibit firearm ownership

under State law.

Section 6.  This act shall take effect June 1, 2012, or upon

the date of publication under section 5, whichever is later.