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                                                        PRINTER'S NO. 47



No. 22 Session of 2007

           JANUARY 30, 2007


                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for a limit on handgun
     3     purchases and sales; establishing the Violence Prevention
     4     Fund; and further providing for municipal regulation of
     5     firearms and ammunition.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Title 18 of the Pennsylvania Consolidated
     9  Statutes is amended by adding a section to read:
    10  § 6111.6.  Limit on handgun purchases.
    11     (a)  Purchase of handgun.--No person may purchase more than
    12  one handgun in this Commonwealth within any 30-day period.
    13     (b)  Sale of handgun.--No person may sell or cause to be sold
    14  to a person in this Commonwealth more than one handgun within
    15  any 30-day period.
    16     (c)  Exceptions.--
    17         (1)  This section shall not apply to purchases by or
    18     sales to the following:

     1             (i)  A licensed firearm dealer.
     2             (ii)  A licensed firearm collector.
     3             (iii)  A law enforcement agency or an agency
     4         authorized to perform law enforcement duties.
     5             (iv)  State and local correctional facilities.
     6             (v)  A private security company licensed to do
     7         business within this Commonwealth.
     8             (vi)  A purchaser or seller of antique firearms.
     9             (vii)  A person whose handgun is stolen or
    10         irretrievably lost if:
    11                 (A)  the person provides the seller with a copy
    12             of the official police report of the lost or stolen
    13             handgun, or a summary of the report on a form
    14             provided by the Pennsylvania State Police;
    15                 (B)  the official police report or summary
    16             contains the name and address of the handgun owner,
    17             the description of the handgun, the location of the
    18             loss or theft, the date of the loss or theft and the
    19             date the loss or theft was reported to the law
    20             enforcement agency; and
    21                 (C)  the date of the loss or theft as reflected
    22             on the official police report or summary occurred
    23             within 30 days of the person's attempt to replace the
    24             handgun.
    25         (2)  The seller shall attach a copy of the official
    26     police report or summary of the report to the original sales
    27     receipt or other document evidencing the original sale and
    28     retain it for the period prescribed by regulation of the
    29     Pennsylvania State Police.
    30     (d)  Grading.--
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     1         (1)  Except as set forth in this subsection, a person
     2     that violates subsection (a) or (b) commits a summary offense
     3     and shall, upon conviction, be sentenced to pay a fine of
     4     $300.
     5         (2)  Except as set forth in paragraph (3), a person that,
     6     after being sentenced under paragraph (1), violates
     7     subsection (a) or (b) commits a summary offense and shall,
     8     upon conviction, be sentenced to pay a fine of $1,000 or to
     9     imprisonment for not more than 90 days, or both.
    10         (3)  A person that, after being sentenced more than once
    11     under paragraph (1), violates subsection (a) or (b) commits a
    12     felony of the third degree.
    13     (e)  Disposition of fines collected.--The court imposing and
    14  collecting a fine under subsection (d) shall transfer the fines
    15  thus collected to the State Treasurer for deposit in the
    16  Violence Prevention Fund under subsection (f).
    17     (f)  Violence Prevention Fund.--There is established in the
    18  General Fund a nonlapsing, restricted receipt account to be
    19  known as the Violence Prevention Fund. Money in the fund is
    20  hereby appropriated to the Pennsylvania Commission on Crime and
    21  Delinquency solely for purposes of violence prevention and youth
    22  violence prevention, including youth education and activities
    23  designed to prevent violence and grants to law enforcement
    24  agencies for equipment and training designed to prevent gun-
    25  related injuries.
    26     (g)  Notice.--A seller shall notify each prospective
    27  purchaser that the purchase of more than one handgun in a 30-day
    28  period is prohibited under this section and of the applicable
    29  penalties.
    30     (h)  Handgun purchase history check.--In addition to any
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     1  other duty prescribed by this section, a seller of a handgun
     2  shall request the Pennsylvania State Police to conduct a handgun
     3  purchase history check to investigate whether the prospective
     4  handgun purchaser is in compliance with this section. A handgun
     5  purchase history check shall be conducted in accordance with the
     6  procedures governing other background checks under this
     7  subchapter. A handgun purchase history shall be conducted at the
     8  same time any criminal history, juvenile delinquency or mental
     9  health records check is required for a firearm purchase under
    10  this subchapter. Information related to a handgun purchase
    11  provided to the Pennsylvania State Police by a seller may be
    12  retained by the Pennsylvania State Police as necessary to
    13  monitor compliance with this section.
    14     (i)  Definitions.--As used in this section, the following
    15  words and phrases shall have the meanings given to them in this
    16  subsection:
    17     "Handgun."  Either of the following:
    18         (1)  A firearm which has a short stock and is designed to
    19     be held and fired by the use of a single hand.
    20         (2)  Any combination of parts from which a firearm
    21     described under paragraph (1) can be assembled.
    22     "Purchase."  Does not include the exchange or replacement of
    23  a handgun by a seller for a handgun purchased from the seller by
    24  the same person seeking the exchange or replacement within the
    25  30-day period immediately preceding the date of exchange or
    26  replacement.
    27     Section 2.  Section 6126(b)(1) of Title 18 is amended to
    28  read:
    29  § 6126.  Firearms Background Check Advisory Committee.
    30     * * *
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     1     (b)  Duties.--To facilitate compliance with this chapter and
     2  the intent thereof, the Firearms Background Check Advisory
     3  Committee shall, as follows:
     4         (1)  Review the operations and procedures of the
     5     Pennsylvania State Police relating to the implementation and
     6     administration of the criminal history, juvenile delinquency
     7     [and], mental health records and handgun purchase history
     8     background checks.
     9         * * *
    10     Section 3.  This act shall take effect immediately.

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