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                                                       PRINTER'S NO. 881



No. 760 Session of 2007

           CURRY, MARCH 19, 2007


                                     AN ACT

     1  Relating to firearm registration; providing for duties of the
     2     Pennsylvania State Police; and imposing penalties.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Firearm
     7  Registration Act.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Antique firearm."  Includes:
    13         (1)  Any firearm, including any firearm with a matchlock,
    14     flintlock, percussion cap or similar type of ignition system,
    15     manufactured in or before 1898.
    16         (2)  Any replica of any firearm described in paragraph
    17     (1) if the replica:

     1             (i)  is not designed or redesigned for using rimfire
     2         or conventional centerfire fixed ammunition; or
     3             (ii)  uses rimfire or conventional centerfire
     4         ammunition that is no longer manufactured in the United
     5         States and that is not readily available in the ordinary
     6         channels of commercial trade.
     7         (3)  Any firearm, other than a machine gun, which,
     8     although designed as a weapon, the Pennsylvania State Police
     9     finds by reason of the date of its manufacture, value, design
    10     and other characteristics is primarily a collector's item and
    11     is not likely to be used as a weapon.
    12     "Firearm."  A weapon which will or is designed or restored to
    13  expel a projectile or projectiles by the action of any
    14  explosive, the frame or receiver of any such device or any
    15  firearm muffler or silencer. The term shall not include:
    16         (1)  Antique firearms.
    17         (2)  Any device used exclusively for line-throwing,
    18     signaling or safety and required or recommended by the United
    19     States Coast Guard or Interstate Commerce Commission.
    20         (3)  Any device used exclusively for firing explosives,
    21     rivets, stud cartridges or any similar industrial ammunition
    22     incapable of use as a weapon.
    23  Section 3.  Registration.
    24     (a)  General rule.--All firearms in this Commonwealth shall
    25  be registered in accordance with this section. It shall be the
    26  duty of a person owning or possessing any firearm to cause the
    27  firearm to be registered. No person within this Commonwealth may
    28  possess, harbor, have under the person's control, transfer,
    29  offer for sale, sell, give, deliver or accept any firearm unless
    30  the person is the holder of a valid registration certificate for
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     1  the firearm. No person within this Commonwealth may possess,
     2  harbor, have under the person's control, transfer, offer for
     3  sale, sell, deliver or accept any firearm which is
     4  unregisterable under this act.
     5     (b)  Nonapplicability.--This section shall not apply to:
     6         (1)  Firearms owned or under the direct control or
     7     custody of any Federal, State or local governmental authority
     8     maintained in the course of its official duties.
     9         (2)  Duty-related firearms owned and possessed by law
    10     enforcement officers who are not residents of this
    11     Commonwealth.
    12         (3)  Duty-related firearms owned and possessed by
    13     corrections officers who are not residents of this
    14     Commonwealth.
    15         (4)  Firearms owned, manufactured or processed by
    16     licensed manufacturers of firearms, bulk transporters or
    17     licensed sellers of firearms at wholesale or retail, provided
    18     that such persons have all licenses required by law.
    19         (5)  Any nonresident of this Commonwealth participating
    20     in any lawful recreational firearm-related activity in this
    21     Commonwealth, or on the way to or from the firearm-related
    22     activity in another jurisdiction, provided that the
    23     possession or control of the firearm is lawful in the
    24     jurisdiction in which the individual resides and that the
    25     weapon is either:
    26             (i)  Broken down in a nonfunctioning state.
    27             (ii)  Unloaded and enclosed in a case, firearm-
    28         carrying box, shipping box or other container.
    29         (6)  Private security personnel who possess or control
    30     any firearm or ammunition within this Commonwealth. Firearms
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     1     under this paragraph shall be owned and maintained by the
     2     security firm employing the security personnel and shall be
     3     registered by the security firm in accordance with this
     4     section.
     5  Section 4.  Insurance.
     6     (a)  General rule.--No registration certificate shall be
     7  issued to any person unless the person:
     8         (1)  Has not been convicted of a crime of violence.
     9         (2)  Has not been convicted within the five years prior
    10     to the application of any violation of any law relating to
    11     the use, possession or sale of any narcotic or dangerous
    12     drug.
    13         (3)  Is not otherwise ineligible to possess a firearm
    14     under any Federal or State law.
    15     (b)  Application.--Every person who is required to register a
    16  firearm under this act shall obtain an application for
    17  registration of the firearm from the Pennsylvania State Police.
    18  The application shall be in writing and sworn under oath and
    19  shall require the following information:
    20         (1)  The name, home and business address, telephone
    21     number, date of birth and Social Security number of the
    22     applicant.
    23         (2)  The age, sex and citizenship of the applicant.
    24         (3)  The name of the manufacturer, the caliber or gauge,
    25     the model, type and serial number of each firearm to be
    26     registered.
    27         (4)  Two photographs taken within 30 days immediately
    28     prior to the date of filing the application equivalent to
    29     passport size showing the full face, head and shoulders of
    30     the applicant in a clear and distinguishing manner.
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     1         (5)  Additional information as the Pennsylvania State
     2     Police may deem necessary to process the application.
     3     (c)  Fingerprinting.--The applicant or registrant shall
     4  submit to fingerprinting by the Pennsylvania State Police in
     5  accordance with procedures and regulations prescribed by the
     6  Pennsylvania State Police.
     7     (d)  Records.--The Pennsylvania State Police shall cause to
     8  be kept an accurate record of each application received and
     9  acted upon together with all other information and data
    10  pertaining to the application on all applications for owner's
    11  registration certificates issued or denied under this act.
    12  Applications for owner's registration certificates shall be
    13  numbered in consecutive numbers as filed, and each certificate
    14  issued shall be identified with the duplicate number of the
    15  application upon which it was issued and shall expire
    16  automatically one year from the date of issuance.
    17     (e)  Background check.--The Pennsylvania State Police shall
    18  conduct a criminal background check on the applicant to ensure
    19  compliance with this section. No application may be approved
    20  until and unless a criminal background check is completed.
    21     (f)  Procedure.--Within 30 days of receipt of an application,
    22  the Pennsylvania State Police, after consideration of the
    23  application for an owner's registration certificate and all
    24  information obtained relative to the application, shall either
    25  approve or deny the application and notify the applicant in
    26  writing of the determination.
    27     (g)  Approval.--In the event the application is approved, the
    28  Pennsylvania State Police shall issue to the applicant an
    29  owner's registration certificate which shall contain the
    30  applicant's name, residence, date of birth, photograph and other
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     1  personal information as may be required by the Pennsylvania
     2  State Police. The owner's registration certificate shall not be
     3  transferable and shall be carried simultaneously with the
     4  firearm and shall be exhibited to any police officer upon demand
     5  for inspection. Registration shall not make lawful the carrying
     6  or possessing of a firearm if prohibited by law.
     7     (h)  Denial.--In the event the application is denied, the
     8  Pennsylvania State Police shall inform the applicant in writing
     9  of the denial. Any applicant who believes that the applicant's
    10  application is wrongfully denied may, within ten days after
    11  receiving notice of the denial, file a written appeal of the
    12  denial in accordance with 2 Pa.C.S. (relating to administrative
    13  law and procedure). Within three days after notification of a
    14  decision unfavorable to the applicant and all time for appeal
    15  having expired, the applicant shall surrender to the
    16  Pennsylvania State Police the firearm for which the applicant
    17  was denied registration.
    18     (i)  Renewal.--Each registrant must renew registration
    19  annually. Applications for renewal shall be made by a registrant
    20  60 days prior to the expiration of the current registration
    21  certificate.
    22  Section 5.  Additional duties of registrant.
    23     Each person holding a registration certificate shall:
    24         (1)  Notify the Pennsylvania State Police of:
    25             (i)  The loss, theft or destruction of the
    26         registration certificate or of a registered firearm
    27         within 48 hours of the discovery of the loss, theft or
    28         destruction.
    29             (ii)  A change in any of the information appearing on
    30         the registration certificate within 48 hours.
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     1             (iii)  The sale, transfer or other disposition of the
     2         firearm not less than 48 hours prior to delivery.
     3         (2)  Return to the Pennsylvania State Police the
     4     registrant's copy of the registration certificate for any
     5     firearm which is lost, stolen, destroyed or otherwise
     6     disposed of within 48 hours.
     7         (3)  Keep any firearm in the registrant's possession
     8     unloaded and disassembled or bound by a trigger lock, gun
     9     safe or similar device unless the firearm is in the
    10     registrant's immediate possession and control while at the
    11     registrant's place of residence or business or while being
    12     used for lawful recreational purposes within this
    13     Commonwealth. This paragraph shall not apply to law
    14     enforcement personnel or security personnel while in the
    15     course of their employment.
    16  Section 6.  Application fee.
    17     A nonrefundable fee of $10 per firearm shall accompany each
    18  application for registration of a firearm and renewal of
    19  registration of a firearm.
    20  Section 7.  Penalty.
    21     A person who violates this act commits a summary offense.
    22  Section 8.  Regulations.
    23     The Pennsylvania State Police shall promulgate rules and
    24  regulations for the implementation of this act.
    25  Section 9.  Acquisition or possession prohibited by law.
    26     Nothing in this act shall make lawful the acquisition or
    27  possession of firearms or firearm accessories which is otherwise
    28  prohibited by law.
    29  Section 10.  Effective date.
    30     This act shall take effect in 180 days.
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