PRINTER'S NO. 1342
No. 1043 Session of 2007
INTRODUCED BY WASHINGTON, FONTANA, STACK, TARTAGLIONE AND
C. WILLIAMS, AUGUST 2, 2007
REFERRED TO JUDICIARY, AUGUST 2, 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; and establishing the Violence Prevention
4 Fund.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6111.6. Limit on handgun purchases.
10 (a) Purchase of handgun.--No person may purchase more than
11 one handgun in this Commonwealth within any 30-day period.
12 (b) Sale of handgun.--No person may sell or cause to be sold
13 to a person in this Commonwealth more than one handgun within
14 any 30-day period.
15 (c) Exceptions.--This section shall not apply to the
16 following:
17 (1) A licensed firearm dealer.
18 (2) A licensed firearm collector.
1 (3) A law enforcement agency or an agency authorized to
2 perform law enforcement duties.
3 (4) State and local correctional facilities.
4 (5) A private security company licensed to do business
5 within this Commonwealth.
6 (6) The purchase or sale of antique firearms.
7 (7) A person whose handgun is stolen or irretrievably
8 lost if:
9 (i) the person provides the seller with an official
10 copy of the police report of the lost or stolen handgun,
11 or a summary of the report on a form provided by the
12 Pennsylvania State Police;
13 (ii) the police report or summary contains the name
14 and address of the handgun owner, the description of the
15 handgun, the location of the loss or theft, the date of
16 the loss or theft and the date the loss or theft was
17 reported to the law enforcement agency;
18 (iii) the date of the loss or theft as reflected on
19 the police report or summary occurred within 30 days of
20 the person's attempt to replace the handgun; and
21 (iv) the seller attaches an official copy of the
22 police report or summary of the report to the original
23 sales receipt or other document evidencing the original
24 sale and retain it for the period prescribed by
25 regulation of the Pennsylvania State Police.
26 (d) Grading.--
27 (1) Except as set forth in paragraph (2), a person that
28 is convicted of violating subsection (a) or (b) commits a
29 misdemeanor of the third degree.
30 (2) A person that, after being sentenced under paragraph
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1 (1), is convicted of violating subsection (a) or (b) commits
2 a felony of the third degree.
3 (e) Disposition of fines collected.--The court imposing and
4 collecting a fine under subsection (d) shall transfer the fines
5 thus collected to the State Treasurer for deposit in the
6 Violence Prevention Fund under subsection (f).
7 (f) Violence Prevention Fund.--There is established in the
8 General Fund a nonlapsing, restricted receipt account to be
9 known as the Violence Prevention Fund. Money in the fund is
10 hereby appropriated to the Pennsylvania Commission on Crime and
11 Delinquency solely for purposes of violence prevention and youth
12 violence prevention, including youth education and activities
13 designed to prevent violence and grants to law enforcement
14 agencies for equipment and training designed to prevent gun-
15 related injuries.
16 (g) Notice.--A seller shall notify each prospective
17 purchaser that the purchase of more than one handgun in a 30-day
18 period is prohibited under this section and of the applicable
19 penalties.
20 (h) Handgun purchase history check.--In addition to any
21 other duty prescribed by this section, a seller of a handgun
22 shall request the Pennsylvania State Police to conduct a handgun
23 purchase history check to investigate whether the prospective
24 handgun purchaser is in compliance with this section. A handgun
25 purchase history check shall be conducted in accordance with the
26 procedures governing other background checks under this
27 subchapter. A handgun purchase history shall be conducted at the
28 same time any criminal history, juvenile delinquency or mental
29 health records check is required for a firearm purchase under
30 this subchapter. Information related to a handgun purchase
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1 provided to the Pennsylvania State Police by a seller may be
2 retained by the Pennsylvania State Police as necessary to
3 monitor compliance with this section.
4 (i) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Handgun." Either of the following:
8 (1) A firearm which has a short stock and is designed to
9 be held and fired by the use of a single hand.
10 (2) Any combination of parts from which a firearm
11 described under paragraph (1) can be assembled.
12 "Licensed firearm collector." A person who collects firearms
13 and is licensed as a collector under 18 U.S.C. § 923 (relating
14 to licensing).
15 "Licensed firearm dealer." A person who is licensed as a
16 firearm dealer under 18 U.S.C. § 923 (relating to licensing).
17 "Purchase." Does not include the exchange or replacement of
18 a handgun by a seller for a handgun purchased from the seller by
19 the same person seeking the exchange or replacement within the
20 30-day period immediately preceding the date of exchange or
21 replacement.
22 Section 2. This act shall take effect in 60 days.
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