PRINTER'S NO. 2321
No. 1791 Session of 2003
INTRODUCED BY ROONEY, WASHINGTON, THOMAS, JOSEPHS, CURRY,
WATERS, BEBKO-JONES, JAMES, KIRKLAND, FRANKEL, CORRIGAN,
MELIO AND WEBER, JULY 1, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, establishing the State Handgun
3 Standard Commission; providing a safety performance standard
4 for the manufacture of handguns, for the forfeiture of
5 certain handguns and for enforcement relating to a safety
6 standard for handguns.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Chapter 61 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a subchapter to read:
11 SUBCHAPTER D
12 HANDGUN SAFETY STANDARDS
13 Sec.
14 6181. Legislative findings.
15 6182. Definitions.
16 6183. State Handgun Standard Commission.
17 6184. Safety standard.
18 6185. Enforcement.
19 6186. Exemptions.
1 6187. Penalties.
2 6188. Liability.
3 § 6181. Legislative findings.
4 The General Assembly finds and declares as follows:
5 (1) The legislature finds that there are no current laws
6 or regulations creating a safety standard for personalized
7 guns.
8 (2) In 1994 there were approximately 38,500 gun deaths
9 nationwide, 49% of all gun deaths were suicides and 46% were
10 homicides.
11 (3) In 1994 in the United States, 88% of all firearm
12 homicides in which the type of gun was known were caused by
13 handguns.
14 (4) A homicide of a household member is almost three
15 times more likely to occur in homes with guns than in homes
16 without guns, and the risk of suicide is increased by nearly
17 five times in homes with guns. The risk is higher for
18 adolescents and young adults.
19 (5) In 1994 there were about 1,300 unintentional firearm
20 deaths nationwide.
21 (6) The General Assembly believes many firearm deaths
22 and injuries are needless and can be prevented by a safety
23 performance standard for handguns.
24 (7) The General Assembly further finds that existing
25 technology makes possible personalized guns which can only be
26 fired by the authorized user.
27 (8) The General Assembly believes that a handgun safety
28 performance standard is necessary to protect the public
29 health, safety and welfare.
30 § 6182. Definitions.
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1 The following words and phrases when used in this subchapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Antique firearm." Either of the following:
5 (1) A firearm, including a firearm with a matchlock,
6 flintlock, percussion cap or similar type of ignition system,
7 manufactured in or before 1898.
8 (2) A replica of a firearm described in paragraph (1) if
9 the replica:
10 (i) is not designed or redesigned for using rimfire
11 or conventional center fire fixed ammunition; or
12 (ii) uses rimfire or conventional center fire 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 "Authorized user." A person who owns a handgun or a person
17 to whom the owner has given consent to use the handgun.
18 "Commission." The State Handgun Standard Commission
19 established in section 6183 (relating to State Handgun Standard
20 Commission).
21 "Handgun." A firearm which has a short stock and is designed
22 to be held and fired by the use of a single hand and any
23 combination of parts from which a firearm can be assembled.
24 "Handgun manufacturer." A person engaged in the business of
25 manufacturing handguns for the purpose of sale or distribution.
26 "Pawnbroker." A person whose business or occupation includes
27 the taking or receiving, by the way of pledge or pawn, any
28 firearm as security for the payment or repayment of money.
29 "Person." An individual, corporation, company, association,
30 firm, partnership, society or joint stock company.
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1 "Safety standard." The Handgun Safety Performance Standard
2 described in section 6184 (relating to safety standard).
3 "Seller" or "dealer." A person:
4 (1) engaged in the business of selling firearms at
5 wholesale or retail;
6 (2) engaged in the business of repairing firearms or of
7 making or fitting special barrels, stocks or trigger
8 mechanisms to firearms; or
9 (3) who is a pawnbroker.
10 § 6183. State Handgun Standard Commission.
11 (a) Establishment.--The State Handgun Standard Commission
12 shall be established within six months following the effective
13 date of this subchapter and shall promulgate the safety standard
14 in accordance with section 6184 (relating to safety standard).
15 safety of handguns.
16 (b) Members.--The commission, where possible, shall be
17 composed of seven members: the Attorney General or the Attorney
18 General's designee, the Pennsylvania State Police Commissioner
19 or the commissioner's designee, the Secretary of Health or the
20 secretary's designee, an injury prevention specialist, a handgun
21 industry representative, an engineer and a citizen at large. The
22 members shall be appointed by the Governor. The Governor shall
23 select a chairperson from among the members of the commission.
24 (c) Expenses and compensation.--Commission members shall be
25 reimbursed for reasonable and necessary expenses, including, but
26 not limited to, travel, but shall not otherwise be compensated.
27 (d) Staff services for the commission.--Staff services for
28 the commission shall be provided by the Office of Attorney
29 General.
30 (e) Length of existence.--The commission shall exist for the
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1 period during which the safety standard is promulgated. Once the
2 commission has ceased to exist, the Governor, if he deems
3 necessary, may reestablish the commission for a period of time
4 designated by the Governor.
5 (f) Designation of enforcement agency.--In addition to
6 promulgating a safety standard, the commission shall designate
7 the existing State government agency that shall be responsible
8 for administering, advertising, implementing and enforcing the
9 safety standard. The commission's designation of an agency shall
10 be approved by the Governor and the approval shall be published
11 as a notice in the Pennsylvania Bulletin.
12 § 6184. Safety standard.
13 (a) General rule.--On or before one year after the
14 establishment of the commission, the commission shall adopt a
15 handgun safety performance standard for all handguns
16 manufactured, possessed, sold, offered for sale, traded,
17 transferred, shipped, leased, distributed or acquired within
18 this Commonwealth. The safety standard shall include, but not be
19 limited to, the following requirements:
20 (1) A handgun shall be personalized so that it can only
21 be fired when operated by that handgun's authorized user or
22 users.
23 (2) The technology establishing personalized handguns
24 shall be incorporated into the design of a handgun and be
25 part of its original equipment and not an accessory.
26 (3) No personalized handgun may be manufactured to
27 permit the personalized characteristics to be readily
28 deactivated.
29 (b) Formulation of testing procedures.--The commission shall
30 formulate the necessary testing procedure to determine if a
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1 handgun complies with the safety standard.
2 (c) Designation of testing laboratories.--The commission
3 shall designate one or more independent laboratories for
4 determining whether handguns comply with the safety standard.
5 The laboratories shall use the test method formulated by the
6 commission to determine compliance.
7 (d) Handgun manufacturer's compliance.--
8 (1) In accordance with the safety standard, handgun
9 manufacturers wishing to manufacture, sell, offer for sale or
10 transfer handguns in this Commonwealth shall submit a
11 prototype of the handgun model for testing, at the
12 manufacturer's cost, to one of the independent laboratories
13 designated by the commission.
14 (2) The laboratory shall issue a report directly to the
15 agency designated by the commission to oversee the
16 administration and implementation of the safety standard, and
17 a copy to the manufacturer indicating whether the submitted
18 handgun met or did not meet the safety standard. If the
19 submitted handgun did not meet the safety standard, the
20 report shall describe the reasons therefor.
21 (3) If the handgun model fails to meet the safety
22 standard it shall be unlawful for it to be manufactured,
23 possessed, sold, offered for sale, traded, transferred,
24 shipped, leased, distributed or acquired by anyone in this
25 Commonwealth until:
26 (i) It has been modified to meet the commission's
27 standard.
28 (ii) It has passed the independent laboratory test
29 on resubmission.
30 (4) If the handgun model meets the safety standard, the
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1 designated agency shall issue a certificate stating that the
2 handgun model meets the safety standard; and the words,
3 "certified personalized handgun" or an equivalent label, as
4 established by the commission, shall be imprinted on the
5 approved handguns at the manufacturer's expense.
6 (5) Once a handgun model is deemed to meet the safety
7 standard, the manufacturer, seller or possessor may not alter
8 the design of the handgun in any manner affecting the safety
9 of the handgun.
10 (e) Promulgating and amending standard.--In promulgating and
11 amending the safety standard, the procedures as delineated in
12 the act of July 31, 1968 (P.L.769, No.240), referred to as the
13 Commonwealth Documents Law, shall be followed.
14 (f) Promulgation of rules, regulations and standard.--The
15 safety standard and any rules or orders issued by the commission
16 or the designated agency shall be subject to review in
17 accordance with the Commonwealth Documents Law.
18 § 6185. Enforcement.
19 (a) Noncompliant handguns prohibited.--On or after four
20 years from the date of the adoption of the commission's original
21 safety standard, no handgun that fails to meet the standard
22 prescribed by the commission pursuant to this subchapter may be
23 manufactured, possessed, sold, offered for sale, traded,
24 transferred, shipped, leased, distributed or acquired in this
25 Commonwealth.
26 (b) Seizure.--If a police officer, during the course of
27 official duties and operating within existing constitutional
28 constraints on police searches and seizures, discovers a handgun
29 which under the provisions of this subchapter does not meet the
30 safety standard, the officer shall take possession of the
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1 handgun. The handgun shall be forfeited to the Commonwealth and
2 shall be destroyed.
3 (c) Enjoining violators.--The Attorney General shall bring
4 an action on behalf of the Commonwealth against a seller,
5 manufacturer or possessor of handguns to enjoin further
6 violations of this subchapter and for such other relief as may
7 be appropriate.
8 § 6186. Exemptions.
9 The following handguns are exempt from this subchapter:
10 (1) Antique handguns legally purchased or acquired in
11 accordance with current laws.
12 (2) Handguns manufactured prior to four years from the
13 date of the adoption of the original safety standard.
14 However, such handguns may not be sold, offered for sale,
15 traded, transferred, shipped, leased or distributed by
16 dealers after four years from the date of the adoption of the
17 original safety standard.
18 (3) Handguns purchased by police departments, sheriffs
19 and law enforcement officers and members of the armed forces
20 of the United States and the Commonwealth.
21 (4) Handguns possessed by law enforcement officers on
22 official assignment in this Commonwealth from any state which
23 by agreement permits police officers from this Commonwealth
24 while on assignment in that state to carry firearms without
25 registration.
26 (5) Handguns that are a part of the official equipment
27 of any Federal agency.
28 § 6187. Penalties.
29 (a) Penalty for violation.--A person who violates this
30 subchapter by manufacturing, possessing, selling, offering for
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1 sale, trade, transfer or acquiring a handgun that has not been
2 certified by an independent testing laboratory as meeting the
3 safety standard and does not fall within the exemptions stated
4 in this subchapter commits a felony of the third degree.
5 (b) Penalty for altering personalized handguns.--A person
6 who violates this subchapter by altering the personalized
7 characteristics of a handgun manufactured, possessed, sold,
8 offered for sale, traded, transferred, shipped, leased,
9 distributed or acquired after four years from the date of the
10 adoption of the original safety standard commits a felony of the
11 third degree.
12 (c) Entities subject to penalty.--The penalties set forth in
13 this section apply to all public and private manufacturers,
14 possessors, sales, offers for sale, trades, transfers,
15 shipments, leases, distributions or acquisitions of handguns.
16 § 6188. Liability.
17 (a) General rule.--A person who discharges a handgun that
18 does not meet the safety standard and does not fall within the
19 exemptions stated in this subchapter and thereby causes personal
20 injury to any person shall be absolutely liable for such damages
21 that resulted from that handgun.
22 (b) Unauthorized discharge.--A person who owns a handgun
23 that does not meet the safety standard, is discharged by an
24 unauthorized person and does not fall within the exemptions
25 stated in this subchapter and thereby causes personal injury to
26 any person, shall be absolutely liable for such damages that
27 resulted from that handgun.
28 (c) Applicability.--This section shall apply whether the
29 discharge of the handgun is legally justified or not, except
30 when the discharge of the handgun is by a law enforcement
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1 officer in the line of duty or when the discharge is for self-
2 defense as defined by Federal or State law.
3 (d) Common law liability.--Compliance with any safety
4 standard issued under this subchapter shall not exempt any
5 person from liability under common law.
6 Section 2. This act shall take effect in 60 days.
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