PRINTER'S NO. 793
No. 701 Session of 2007
INTRODUCED BY GREENLEAF, WASHINGTON, RAFFERTY, COSTA, BOSCOLA, O'PAKE, TARTAGLIONE AND C. WILLIAMS, APRIL 2, 2007
REFERRED TO JUDICIARY, APRIL 2, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for the offense of 3 sale or transfer of firearms; providing for the offense of 4 straw purchases; establishing penalties; and providing for 5 the powers and duties of the Pennsylvania State Police 6 relating to straw purchases. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 6111(g)(2) of Title 18 of the 10 Pennsylvania Consolidated Statutes is amended to read: 11 § 6111. Sale or transfer of firearms. 12 * * * 13 (g) Penalties.-- 14 * * * 15 (2) Any person, licensed dealer, licensed manufacturer 16 or licensed importer who knowingly or intentionally sells, 17 delivers or transfers a firearm under circumstances intended 18 to provide a firearm to any person, purchaser or transferee 19 who is unqualified or ineligible to control, possess or use a 20 firearm under this chapter commits a felony of the [third]
1 second degree and shall in addition be subject to revocation 2 of the license to sell firearms for a period of three years. 3 * * * 4 Section 2. Title 18 is amended by adding a section to read: 5 § 6111.6. Straw purchases. 6 (a) Offense defined.--No person, other than a licensed 7 dealer, licensed manufacturer or licensed importer may purchase 8 a firearm knowing or intending that the firearm will thereafter 9 be transferred to another individual. 10 (b) Presumption.--In the absence of: 11 (1) any report by the purchaser to law enforcement 12 authorities that the firearm has been stolen; and 13 (2) any record of a lawful sale of the firearm 14 possession of the firearm, on or after the date of its purchase, 15 by a person other than the purchaser of the firearm shall give 16 rise to a rebuttable presumption that the purchaser, at the time 17 of purchase, knew or intended that the firearm would thereafter 18 be transferred to another individual. 19 (c) Defense.--It is a defense to a violation of this section 20 that the person who purchased the firearm knew or intended that 21 the firearm would thereafter be transferred as a bona fide gift 22 to another individual. 23 (d) Penalties.--A violation of this section is a felony of 24 the second degree. 25 (e) Pennsylvania State Police.--The Pennsylvania State 26 Police shall retain information related to handgun purchases, 27 including the number of handguns sold by a licensed importer, 28 licensed manufacturer or licensed dealer to any one person, and 29 the number of handguns purchased by each person. The 30 Pennsylvania State Police shall use the information to 20070S0701B0793 - 2 -
1 investigate whether the person, licensed importer, licensed 2 manufacturer or licensed dealer may be in violation of section 3 6111 (relating to sale or transfer of firearms) or this section. 4 Section 3. This act shall take effect in 60 days. B12L18DMS/20070S0701B0793 - 3 -