H1845B2516A06178 JAM:DM 03/12/08 #90 A06178
AMENDMENTS TO HOUSE BILL NO. 1845
Sponsor: REPRESENTATIVE LEVDANSKY
Printer's No. 2516
1 Amend Title, page 1, line 3, by striking out "and" and
2 inserting
3 , for additional duties for the Pennsylvania State
4 Police,
5 Amend Title, page 1, line 4, by removing the period after
6 "identification" and inserting
7 , for failure to report a lost or stolen firearm and
8 for penalties.
9 Amend Sec. 1, page 1, line 7, by striking out "6117" and
10 inserting
11 6111.1(d)
12 Amend Sec. 1, page 2, by inserting between lines 4 and 5
13 § 6111.1. Pennsylvania State Police.
14 * * *
15 (d) Distribution.--The Pennsylvania State Police shall
16 provide, without charge[,]:
17 (1) summaries of uniform firearm laws and firearm safety
18 brochures pursuant to section 6125 (relating to distribution
19 of uniform firearm laws and firearm safety brochures)[.]; and
20 (2) notices of limits pursuant to section 6111.6
21 (relating to notice of limits on lending or transferring a
22 firearm).
23 * * *
24 Section 2. Title 18 is amended by adding a section to read:
25 § 6111.6. Notice of limits on lending or transferring a
26 firearm.
27 (a) Duty of Pennsylvania State Police.--It shall be the duty
28 of the Pennsylvania State Police to distribute a notice about
29 lending or transferring a firearm to every licensed firearm
30 dealer in this Commonwealth. The notice shall be written by the
31 Pennsylvania State Police, shall be provided at no cost and
32 shall contain the following:
33 NOTICE OF LIMITS ON LENDING
34 OR TRANSFERRING A FIREARM
1 As the owner of a firearm, you are required to comply
2 with the following legal obligations and restrictions:
3 (1) You may not lend or give a firearm to any person,
4 except as provided in 18 Pa.C.S. § 6115(b).
5 (2) You may not sell or transfer a firearm to another
6 person unless the sale or transfer occurs at a licensed
7 dealer or the office of the county sheriff. Limited transfers
8 between certain family members are permissible. See 18
9 Pa.C.S. § 6111(c).
10 (3) You must notify law enforcement within three days of
11 discovering that your firearm is lost or stolen. See 18
12 Pa.C.S. § 6128(a).
13 (4) You could be held criminally and civilly liable for
14 any crime committed with a firearm you purchase. See 18
15 Pa.C.S. § 6111(g).
16 (b) Distribution without charge.--The notice or a copy
17 thereof shall be provided without charge to each purchaser of a
18 firearm.
19 (c) Duty of firearms dealer.--It shall be the duty of the
20 firearms dealer:
21 (1) to provide a copy of the notice and to review the
22 text of the notice with the buyer of the firearm; and
23 (2) to prominently display a copy of the notice where
24 the purchaser of a firearm can read it.
25 Section 3. Section 6117 of Title 18 is amended to read:
26 Amend Bill, page 2, by inserting between lines 23 and 24
27 Section 4. Title 18 is amended by adding a section to read:
28 § 6128. Reporting lost or stolen firearms.
29 (a) Duty defined.--The owner of a firearm, upon discovering
30 that the firearm is lost or stolen, shall report the loss or
31 theft within three days to an appropriate law enforcement
32 official of the municipality in which the loss or theft
33 occurred, or if the municipality does not have a police force,
34 to the Pennsylvania State Police. If the owner of the firearm
35 does not know where the loss or theft occurred, the owner shall
36 report the loss or theft within three days to the municipality
37 where the owner resides or to the Pennsylvania State Police.
38 (b) Penalties.--If, after an investigation by law
39 enforcement officials, it is determined that a firearm was
40 recovered during a criminal investigation, that the owner of
41 that firearm knew his firearm was lost or stolen and that the
42 owner failed to report the loss or theft of the firearm, that
43 person commits:
44 (1) A summary offense for a first violation of this
45 section.
46 (2) A misdemeanor of the first degree for a second
47 offense.
48 (3) A felony of the third degree for a third or
49 subsequent offense.
50 Amend Sec. 2, page 2, line 24, by striking out "2" and
51 inserting
52 5
C12L90JAM/HB1845A06178 - 2 -