H1845B2516A06170 DMS:SRA 03/12/08 #90 A06170
AMENDMENTS TO HOUSE BILL NO. 1845
Sponsor: REPRESENTATIVE HARPER
Printer's No. 2516
1 Amend Title, page 1, line 2, by inserting after "for"
2 the offenses of false reports to law enforcement
3 authorities, for persons not to possess, use,
4 manufacture, control, sell or transfer firearms, for
5 Amend Title, page 1, line 3, by striking out "and" and
6 inserting a comma
7 Amend Title, page 1, line 4, by removing the period after
8 "identification" and inserting
9 and for the sale or transfer of firearms.
10 Amend Sec. 1, page 1, line 7, by striking out "6110.2" and
11 inserting
12 4906(c), 6105(b), 6110.2, 6111(b)(1)
13 Amend Sec. 1, page 1, by inserting between lines 8 and 9
14 § 4906. False reports to law enforcement authorities.
15 * * *
16 (c) Grading.--
17 (1) If the violation of subsection (a) or (b) occurs
18 during a declared state of emergency and the false report
19 causes the resources of the law enforcement authority to be
20 diverted from dealing with the declared state of emergency,
21 the offense shall be graded one step greater than that set
22 forth in the applicable subsection.
23 (2) If the violation of subsection (a) or (b) relates to
24 a false report of the theft or loss of a firearm, as defined
25 in section 5515 (relating to prohibiting of paramilitary
26 training), the offense shall be graded one step greater than
27 that set forth in the applicable subsection.
28 § 6105. Persons not to possess, use, manufacture, control, sell
29 or transfer firearms.
30 * * *
31 (b) Enumerated offenses.--The following offenses shall apply
32 to subsection (a):
33 Section 908 (relating to prohibited offensive weapons).
1 Section 911 (relating to corrupt organizations).
2 Section 912 (relating to possession of weapon on school
3 property).
4 Section 2502 (relating to murder).
5 Section 2503 (relating to voluntary manslaughter).
6 Section 2504 (relating to involuntary manslaughter) if
7 the offense is based on the reckless use of a firearm.
8 Section 2702 (relating to aggravated assault).
9 Section 2703 (relating to assault by prisoner).
10 Section 2704 (relating to assault by life prisoner).
11 Section 2709.1 (relating to stalking).
12 Section 2716 (relating to weapons of mass destruction).
13 Section 2901 (relating to kidnapping).
14 Section 2902 (relating to unlawful restraint).
15 Section 2910 (relating to luring a child into a motor
16 vehicle or structure).
17 Section 3121 (relating to rape).
18 Section 3123 (relating to involuntary deviate sexual
19 intercourse).
20 Section 3125 (relating to aggravated indecent assault).
21 Section 3301 (relating to arson and related offenses).
22 Section 3302 (relating to causing or risking
23 catastrophe).
24 Section 3502 (relating to burglary).
25 Section 3503 (relating to criminal trespass) if the
26 offense is graded a felony of the second degree or higher.
27 Section 3701 (relating to robbery).
28 Section 3702 (relating to robbery of motor vehicle).
29 Section 3921 (relating to theft by unlawful taking or
30 disposition) upon conviction of the second felony offense.
31 Section 3923 (relating to theft by extortion) when the
32 offense is accompanied by threats of violence.
33 Section 3925 (relating to receiving stolen property) upon
34 conviction of the second felony offense.
35 Section 4906 (relating to false reports to law
36 enforcement authorities) if the fictitious report involved
37 the theft of a firearm as provided in section 4906(c)(2).
38 Section 4912 (relating to impersonating a public servant)
39 if the person is impersonating a law enforcement officer.
40 Section 4952 (relating to intimidation of witnesses or
41 victims).
42 Section 4953 (relating to retaliation against witness
43 [or], victim or party).
44 Section 5121 (relating to escape).
45 Section 5122 (relating to weapons or implements for
46 escape).
47 Section 5501(3) (relating to riot).
48 Section 5515 (relating to prohibiting of paramilitary
49 training).
50 Section 5516 (relating to facsimile weapons of mass
51 destruction).
52 Section 6110.1 (relating to possession of firearm by
53 minor).
54 Section 6301 (relating to corruption of minors).
55 Section 6302 (relating to sale or lease of weapons and
56 explosives).
57 Any offense equivalent to any of the above-enumerated
58 offenses under the prior laws of this Commonwealth or any
59 offense equivalent to any of the above-enumerated offenses
HB1845A06170 - 2 -
1 under the statutes of any other state or of the United
2 States.
3 * * *
4 Amend Sec. 1, page 2, by inserting between lines 4 and 5
5 § 6111. Sale or transfer of firearms.
6 * * *
7 (b) Duty of seller.--No licensed importer, licensed
8 manufacturer or licensed dealer shall sell or deliver any
9 firearm to another person, other than a licensed importer,
10 licensed manufacturer, licensed dealer or licensed collector,
11 until the conditions of subsection (a) have been satisfied and
12 until he has:
13 (1) For purposes of a firearm as defined in section 6102
14 (relating to definitions), obtained a completed
15 application/record of sale from the potential buyer or
16 transferee to be filled out in triplicate, the original copy
17 to be sent to the Pennsylvania State Police, postmarked via
18 first class mail, within 14 days of the sale, one copy to be
19 retained by the licensed importer, licensed manufacturer or
20 licensed dealer for a period of 20 years and one copy to be
21 provided to the purchaser or transferee. The form of this
22 application/record of sale shall be no more than one page in
23 length and shall be promulgated by the Pennsylvania State
24 Police and provided by the licensed importer, licensed
25 manufacturer or licensed dealer. The application/record of
26 sale shall include the name, address, birthdate, gender,
27 race, physical description and Social Security number of the
28 purchaser or transferee, the date of the application and the
29 caliber, length of barrel, make, model and manufacturer's
30 number of the firearm to be purchased or transferred. The
31 application/record of sale shall also contain the following
32 question:
33 Are you the actual buyer of the firearm(s) listed on this
34 application/record of sale? Warning: You are not the
35 actual buyer if you are acquiring the firearm(s) on
36 behalf of another person, unless you are legitimately
37 acquiring the firearm as a gift for any of the following
38 individuals who are legally eligible to own a firearm:
39 (1) spouse;
40 (2) parent;
41 (3) child;
42 (4) grandparent; or
43 (5) grandchild.
44 * * *
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