PRINTER'S NO. 846
No. 769 Session of 1991
INTRODUCED BY CORNELL, TIGUE, HAGARTY, HECKLER, BELARDI AND
THOMAS, MARCH 13, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 1991
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the sale of
3 firearms; and providing for military-type semiautomatic
4 rifles.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "firearm" in section 6102 of
8 Title 18 of the Pennsylvania Consolidated Statutes is amended
9 and the section is amended by adding definitions to read:
10 § 6102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this subchapter which are applicable to specific
13 provisions of this subchapter, the following words and phrases,
14 when used in this subchapter shall have, unless the context
15 clearly indicates otherwise, the meanings given to them in this
16 section:
17 * * *
18 "Firearm." Any pistol or revolver with a barrel less than 15
1 inches, any shotgun with a barrel less than 18 inches or any
2 rifle with a barrel less than 16 inches, or any pistol,
3 revolver, rifle or shotgun with an overall length of less than
4 26 inches. The barrel length of a firearm shall be determined by
5 measuring from the muzzle of the barrel to the face of the
6 closed action, bolt or cylinder, whichever is applicable. The
7 term includes a military-type semiautomatic rifle.
8 "Military-type semiautomatic rifle." A lightweight,
9 semiautomatic rifle. The term includes, but is not limited to,
10 the following:
11 (1) SKS Carbine.
12 (2) SKS Carbine with detachable magazine.
13 (3) AK-47 Carbine with fixed or folding stock in Caliber
14 7.62 X 39 or 5.56 mm.
15 (4) M-1 Grand.
16 (5) M-1 Carbine.
17 (6) FN-LAR Rifle 7.62 mm X 51.
18 (7) Steyer AUG-SA 5.56 mm.
19 (8) AR 15:
20 (i) AR 15 Standard Barrel.
21 (ii) AR 15 Carbine.
22 (iii) AR 15 A2 Heavy Barrel.
23 (iv) AR 15 A2 Standard Barrel.
24 (v) AR 15 A2 Carbine.
25 (vi) AR 15 A2 Delta H-BAR.
26 (9) M1A or M14 Rifles 7.62 mm X 51.
27 (10) G3-HK 91 7.62 mm X 51.
28 (11) HK93 5.56 mm.
29 (12) SIG Models 551 SP and 550 SP.
30 (13) Sterling MK6 Carbine.
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1 (14) Belgium F.N. Model 49 Semiautomatic Rifle 8 mm.
2 (15) SKS-type Egyptian Commando Carbine 7.62 mm X 39.
3 (16) Beretta Model 59 and 62.
4 (17) Ruger Mini-14 5.56 and 7.62 mm X 39.
5 (18) Galil 308 Model AR and ARM.
6 (19) Uzi 45 A.C.P. Carbine.
7 (20) Uzi 9MM Carbine.
8 (21) Hakim Semiautomatic Rifle Caliber 7.92 mm.
9 (22) Barrett Light .50 Model 82 A1.
10 (23) MAC 10A1S 45 or 9 mm.
11 (24) RPKS-74 Assault Rifle 5.56 mm and 7.62 mm X 39.
12 (25) Australian Automatic Arms SAP and MP 5.56 mm.
13 (26) Mark 45 Caliber Semiautomatic Carbine.
14 (27) Mark 9 mm Semiautomatic Carbine.
15 (28) Thomson 1927 A1C Lightweight 45 Caliber Rifle.
16 (29) Striker-12 Shotgun, including S12001, S12002,
17 S12003 and S12006.
18 (30) Street Sweeper 12 Gauge Shotgun.
19 (31) Franchi Spas-12 Assault Police Shotgun System.
20 (32) Weapons listed in regulations promulgated by the
21 Pennsylvania State Police and the Attorney General.
22 "Seller." A person who transfers ownership of a firearm to
23 another.
24 * * *
25 Section 2. Sections 6106(b)(4), 6109(a) and 6111 of Title 18
26 are amended to read:
27 § 6106. Firearms not to be carried without a license.
28 * * *
29 (b) Exceptions.--The provisions of subsection (a) shall not
30 apply to:
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1 * * *
2 (4) Any persons engaged in target shooting with rifle,
3 pistol, military-type semiautomatic rifle or revolver, if
4 such persons are at or are going to or from their places of
5 assembly or target practice and if, while going to or from
6 their places of assembly or target practice, the cartridges
7 or shells are carried in a separate container and the rifle,
8 pistol or revolver is unloaded.
9 * * *
10 § 6109. Licenses.
11 (a) Purpose of license.--A license to carry a firearm shall
12 be for the purpose of carrying a firearm, other than a military-
13 type semiautomatic rifle, concealed on or about one's person or
14 in a vehicle within this Commonwealth. This section does not
15 apply to military-type semiautomatic rifles.
16 * * *
17 § 6111. Sale of firearms.
18 (a) Time and manner of delivery.--No seller shall deliver a
19 firearm to the purchaser thereof [until 48 hours shall have
20 elapsed from the time of the application for the purchase
21 thereof, and when delivered, said firearm shall be securely
22 wrapped and shall be unloaded.] without complying with the
23 following requirements:
24 (1) The seller shall notify the chief or head of the
25 police force or police department of the city, or the sheriff
26 of the county, in which the purchaser resides.
27 (2) After receipt of the seller's notification, the
28 chief or head of the police force or police department or the
29 sheriff, as appropriate, shall make an inquiry to the central
30 repository under Chapter 91 (relating to criminal history
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1 record information) and to the FBI-NCIC Interstate
2 Identification Index. The initial inquiry shall be
3 electronic. Inquiry to the central repository may generate a
4 response indicating that manual retrieval and distribution is
5 required. If inquiry under this paragraph reveals that the
6 purchaser is charged with or has been convicted of or pleaded
7 guilty or no contest to an offense punishable by imprisonment
8 exceeding one year, except as provided for in section 6123
9 (relating to waiver of disability or pardons), the chief or
10 head of the police force or police department or the sheriff,
11 as appropriate, shall disapprove the sale.
12 (3) Within seven days of notification under paragraph
13 (1), the chief or head of the police force or police
14 department or the sheriff, as appropriate, shall relay
15 approval or disapproval, based on the results of the
16 electronic inquiry, of the sale to the seller unless the
17 response from the central repository indicates that the
18 record of the purchaser must be manually retrieved and mailed
19 to the inquiring officer. In the event of a manual retrieval
20 and mailing, the chief or head of the police force or police
21 department or the sheriff will have an additional 14 days to
22 relay approval or disapproval.
23 (4) The seller must receive approval under paragraph
24 (3).
25 (5) The seller shall make certain that the firearm is
26 securely wrapped and is unloaded.
27 (6) The seller shall submit to the Pennsylvania State
28 Police a record of sale for each firearm sold. The record of
29 sale shall be on a form prescribed by the Pennsylvania State
30 Police. The seller shall send the original record of sale to
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1 the Pennsylvania State Police within six hours of the sale.
2 The seller shall give the first copy of the record of sale to
3 the purchaser. The seller shall retain the second copy of the
4 record of sale for six years.
5 (b) [Statement to be signed by purchaser] Application for
6 purchase of firearm.--At the time of applying for the purchase
7 of a firearm, the purchaser shall sign in [quadruplicate]
8 duplicate and deliver to the seller a statement containing his
9 full name, address, occupation, [color, place] race, date of
10 birth, the date and hour of application, Social Security number,
11 the caliber, length of barrel, make, model, and [manufacturer's]
12 serial number of the firearm to be purchased, and a statement
13 that he has never been convicted in this Commonwealth, or
14 elsewhere, of a crime of violence. The seller shall, within six
15 hours after such application, sign and attach his address and
16 forward by registered or certified mail [one copy of such
17 statement] the original application for purposes of conducting
18 an inquiry pursuant to subsection (a), to the chief or head of
19 the police force or police department of the city, or the
20 sheriff of the county [of the place of business of the seller,
21 the duplicate, duly signed by the seller, shall, within seven
22 days, be sent by him, with his address, to the Commissioner of
23 the Pennsylvania State Police, the triplicate he shall retain
24 for six years, and the quadruplicate with the proper signature
25 and address of the seller shall, within six hours after such
26 application, be forwarded by registered or certified mail to the
27 chief or head of the police force or police department of the
28 city or to the sheriff of the county of which the buyer is a
29 resident.] in which the purchaser resides. The duplicate shall
30 be retained by the seller for six years. The original
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1 application shall be retained by the chief or head of the police
2 force or police department of the city or the sheriff for six
3 years.
4 (c) Exemption.--This section shall not apply to sales at
5 wholesale[.] or to sales of military-type semiautomatic rifles
6 to government agencies for law enforcement or military purposes.
7 (d) Forms.--Forms for record of sale and application to
8 purchase a firearm shall be available at the place of business
9 of a licensed dealer. The dealer may charge a reasonable service
10 fee for providing or executing the forms.
11 Section 3. This act shall take effect in 60 days.
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