PRINTER'S NO. 1356
No. 1239 Session of 1993
INTRODUCED BY GODSHALL, DeWEESE, NICKOL, PICCOLA, ARGALL,
ARMSTRONG, DeLUCA, BAKER, TIGUE, D. R. WRIGHT, GORDNER,
BARLEY, BROWN, BUNT, BUSH, CESSAR, CIVERA, COLAIZZO, CLARK,
CLYMER, CORNELL, PESCI, McCALL, DURHAM, EGOLF, FAIRCHILD,
SURRA, TANGRETTI, FARMER, FICHTER, FLICK, GEIST, GERLACH,
GLADECK, LLOYD, BLAUM, KASUNIC, HARLEY, HASAY, HECKLER,
HENNESSEY, HERMAN, HESS, KING, COY, YEWCIC, LAUB, LEE, LEH,
MARSICO, MERRY, MICOZZIE, NAILOR, NYCE, O'BRIEN, PERZEL,
PETTIT, PHILLIPS, PITTS, PLATTS, REINARD, RUBLEY, RYAN,
SAURMAN, SAYLOR, SCHEETZ, SCHULER, SEMMEL, SERAFINI, STAIRS,
E. Z. TAYLOR, J. TAYLOR, TOMLINSON, ULIANA, VANCE AND WOGAN,
APRIL 19, 1993
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 19, 1993
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, establishing the Firearms Purchase
3 Fund; further providing for the sale of firearms; providing
4 for fees; and imposing duties on the Pennsylvania State
5 Police and the Department of Public Welfare.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 6102 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition 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
1 clearly indicates otherwise, the meanings given to them in this
2 section:
3 * * *
4 "Fund." The Firearms Purchase Fund established in section
5 6102.1 (relating to fund).
6 * * *
7 Section 2. Title 18 is amended by adding a section to read:
8 § 6102.1. Fund.
9 (a) Establishment.--The Firearms Purchase Fund is
10 established as a restricted fund in the State Treasury.
11 (b) Source.--The source of the fund shall be money collected
12 and transferred under section 6111.1 (relating to fees).
13 (c) Administration.--The State Treasurer shall administer
14 the fund. Annually, by July 31, the State Treasurer shall make
15 transfers from the fund as follows:
16 (1) One-half of the amount in the fund as of the end of
17 the prior fiscal year shall be transferred to the Department
18 of Public Welfare to offset the department's expenses in
19 assisting with background checks under section 6111 (relating
20 to sale of firearms).
21 (2) One-half of the amount in the fund as of the end of
22 the prior fiscal year shall be transferred to the
23 Pennsylvania State Police.
24 Section 3. Section 6111 of Title 18 is amended to read:
25 § 6111. Sale of firearms.
26 [(a) Time and manner of delivery.--No seller shall deliver a
27 firearm to the purchaser thereof until 48 hours shall have
28 elapsed from the time of the application for the purchase
29 thereof, and when delivered, said firearm shall be securely
30 wrapped and shall be unloaded.
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1 (b) Statement to be signed by purchaser.--At the time of
2 applying for the purchase of a firearm, the purchaser shall sign
3 in quadruplicate and deliver to the seller a statement
4 containing his full name, address, occupation, color, place of
5 birth, the date and hour of application, the caliber, length of
6 barrel, make, model, and manufacturer's number of the firearm to
7 be purchased, and a statement that he has never been convicted
8 in this Commonwealth, or elsewhere, of a crime of violence. The
9 seller shall, within six hours after such application, sign and
10 attach his address and forward by registered or certified mail
11 one copy of such statement to the chief or head of the police
12 force or police department of the city, or the sheriff of the
13 county of the place of business of the seller, the duplicate,
14 duly signed by the seller, shall, within seven days, be sent by
15 him, with his address, to the Commissioner of the Pennsylvania
16 State Police, the triplicate he shall retain for six years, and
17 the quadruplicate with the proper signature and address of the
18 seller shall, within six hours after such application, be
19 forwarded by registered or certified mail to the chief or head
20 of the police force or police department of the city or to the
21 sheriff of the county of which the buyer is a resident.
22 (c) Exemption.--This section shall not apply to sales at
23 wholesale.]
24 (a) Duty of seller.--No licensed importer, licensed
25 manufacturer or licensed dealer shall sell or deliver from his
26 inventory at his licensed premises any firearm to another
27 person, other than a licensed importer, licensed manufacturer,
28 licensed dealer or licensed collector, until he has:
29 (1) Obtained a completed application/record of sale from
30 the potential buyer or transferee, to be filled out in
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1 quadruplicate, the original copy to be sent to the
2 Pennsylvania State Police, one copy to be retained by the
3 licensed importer, licensed manufacturer or licensed dealer,
4 one copy to be retained by the buyer or transferee and one
5 copy to be sent to the chief of police or sheriff of the
6 county in which the buyer or transferee resides. The form of
7 this application/record of sale shall be promulgated by the
8 Pennsylvania State Police and provided by the licensed
9 importer, licensed manufacturer or licensed dealer. The
10 application/record of sale shall include the name, address,
11 birth date, gender, race, physical description and Social
12 Security number of the buyer or transferee, the date of the
13 application and the firearm to be purchased or transferred.
14 When delivered to the buyer or transferee, the firearm shall
15 be securely wrapped and shall be unloaded.
16 (2) Inspected identification of the potential buyer or
17 transferee, including, but not limited to, birth certificate
18 and driver's license.
19 (3) Requested, by means of a toll-free telephone call,
20 that the Pennsylvania State Police conduct a criminal history
21 record check.
22 (4) Received a unique approval number for that inquiry
23 from the Pennsylvania State Police and recorded the date and
24 the number on the application/record of sale form.
25 (b) Duty of other persons.--Any person who is not a licensed
26 importer, manufacturer or dealer and who desires to sell a
27 firearm to another unlicensed person shall do so only upon the
28 premises of a licensed importer, manufacturer or dealer, the
29 latter of whom shall follow the procedure set forth in this
30 section as if he were the seller of the firearm.
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1 (c) Duty of Pennsylvania State Police.--
2 (1) Upon receipt of a request for a criminal history
3 record check, the Pennsylvania State Police shall
4 immediately, during the licensee's call or by return call,
5 forthwith:
6 (i) review its criminal history records to determine
7 if the potential buyer or transferee is prohibited from
8 receipt or possession of a firearm under Federal or State
9 law; and
10 (ii) inform the licensee making the inquiry either:
11 (A) that its criminal history records
12 demonstrate that the potential buyer or transferee is
13 so prohibited; or
14 (B) provide the licensee with a unique approval
15 number.
16 (2) In the event of electronic failure or similar
17 emergency beyond the control of the Pennsylvania State
18 Police, the Pennsylvania State Police shall immediately
19 notify the requesting licensee of the reason for and
20 estimated length of the delay. After this notification, the
21 Pennsylvania State Police shall forthwith, and in no event
22 later than seven days after the electronic failure or similar
23 emergency has been corrected, either:
24 (i) inform the licensee that its records demonstrate
25 that the potential buyer or transferee is prohibited from
26 receipt or possession of a firearm under Federal or State
27 law; or
28 (ii) provide the licensee with a unique approval
29 number.
30 Unless notified within seven days after the electronic
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1 failure or similar emergency has been corrected that the
2 potential buyer or transferee is so prohibited, and without
3 regard to whether he has received a unique approval number,
4 the licensee may complete the sale or delivery and shall not
5 be deemed in violation of this section with respect to that
6 sale or delivery.
7 (d) Toll-free number.--The Pennsylvania State Police shall
8 establish a toll-free telephone number which shall be
9 operational seven days a week between the hours of 8:00 a.m. and
10 10:00 p.m. local time for purposes of responding to inquiries as
11 described in this section from licensed manufacturers, licensed
12 importers and licensed dealers. The Pennsylvania State Police
13 shall employ and train personnel as are necessary to administer
14 expeditiously the provisions of this section.
15 (e) Rules and regulations.--The Pennsylvania State Police
16 shall, in the manner provided by law, promulgate the rules and
17 regulations necessary to carry out this section, including
18 regulations to ensure the identity, confidentiality and security
19 of all records and data provided pursuant hereto.
20 (f) Challenge to records.--Any person who is denied the
21 right to receive or purchase a firearm as a result of the
22 procedures established by this section may challenge the
23 accuracy of his criminal record under section 9152 (relating to
24 procedure).
25 (g) Defense.--Compliance with the provisions of this section
26 shall be a complete defense to any claim or cause of action
27 under the laws of this Commonwealth for liability for damages
28 arising from the importation, manufacture or subsequent sale or
29 transfer of any firearm which has been shipped or transported in
30 interstate or foreign commerce to any person who otherwise would
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1 be prohibited from possessing a firearm under Federal or State
2 law.
3 (h) Application of section.--The provisions of this section
4 shall not apply to the following:
5 (1) Any firearm manufactured in or before 1898,
6 including any firearm with a matchlock, flintlock, percussion
7 cap or similar type of ignition system.
8 (2) Any replica of any firearm described in paragraph
9 (1) if the replica:
10 (i) is not designed or redesigned to use rimfire or
11 conventional centerfire fixed ammunition; or
12 (ii) uses rimfire or conventional centerfire fixed
13 ammunition which is no longer manufactured in the United
14 States and which is not readily available in the ordinary
15 channels of commercial trade.
16 (i) Penalties.--
17 (1) Any licensed dealer, licensed manufacturer or
18 licensed importer who willfully and intentionally requests a
19 criminal history record check from the Pennsylvania State
20 Police for any purpose other than compliance with subsection
21 (a) or willfully and intentionally disseminates any criminal
22 history record information to any person other than the
23 subject of the information commits a misdemeanor of the first
24 degree.
25 (2) Any person who, in connection with the purchase,
26 transfer or attempted purchase or transfer of a firearm under
27 this section, willfully and intentionally makes any
28 materially false oral or written statement or willfully and
29 intentionally furnishes or exhibits any false identification
30 intended or likely to deceive the licensee commits a
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1 misdemeanor of the first degree.
2 (3) Any licensed importer, licensed manufacturer or
3 licensed dealer who willfully and intentionally sells or
4 delivers a firearm in violation of this section commits a
5 misdemeanor of the first degree.
6 Section 4. Title 18 is amended by adding a section to read:
7 § 6111.1. Fees.
8 (a) Collection.--When a sale is made under section 6111
9 (relating to sale of firearms), the seller shall collect a fee
10 of $5 from the purchaser. Fees collected under this subsection
11 shall be deposited in a separate account which does not earn
12 interest.
13 (b) Transfer.--By the 15th day of each calendar quarter, the
14 seller shall transmit to the State Treasurer the balance in the
15 separate account under subsection (a) as of the end of the prior
16 calendar quarter.
17 Section 5. The Department of Public Welfare shall promulgate
18 regulations for mental health background checks of prospective
19 purchasers of firearms, as defined in 18 Pa.C.S. § 6102, who
20 have been involuntarily committed to mental institutions under
21 the act of July 9, 1976 (P.L.817, No.143), known as the Mental
22 Health Procedures Act.
23 Section 6. (a) The Pennsylvania State Police shall notify
24 in writing all licensed importers of, licensed manufacturers of
25 and licensed dealers in firearms, as defined in 18 Pa.C.S. §
26 6102, of the amendment of 18 Pa.C.S. § 6111.
27 (b) The Pennsylvania State Police shall publish in the
28 Pennsylvania Bulletin notice of compliance with subsection (a).
29 Section 7. The Pennsylvania State Police shall provide the
30 Judiciary Committees of the Senate and the House of
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1 Representatives an annual report, including the number of
2 inquiries made under this act for the prior calendar year. This
3 report shall include, but not be limited to, the number of
4 inquiries received from licensees and the number of inquiries
5 resulting in a determination that the potential buyer or
6 transferee was prohibited from receipt or possession of a
7 firearm pursuant to Federal or Pennsylvania law.
8 Section 8. This act shall take effect as follows:
9 (1) The amendment of 18 Pa.C.S. § 6111 shall take effect
10 on the earlier of the following:
11 (i) 60 days after publication of the notice under
12 section 6(b).
13 (ii) In one year.
14 (2) The remainder of this act shall take effect
15 immediately.
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