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                                                      PRINTER'S NO. 1967

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1379 Session of 2008


        INTRODUCED BY A. WILLIAMS, HUGHES, KITCHEN AND C. WILLIAMS,
           APRIL 28, 2008

        REFERRED TO JUDICIARY, APRIL 28, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for purchase of handguns.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Title 18 of the Pennsylvania Consolidated
     6  Statutes is amended by adding a section to read:
     7  § 6105.2.  Purchase of handguns.
     8     (a)  Handgun purchaser permit.--No person shall sell, give,
     9  transfer, assign or otherwise dispose of, nor receive, purchase
    10  or otherwise acquire a handgun unless the purchaser, assignee,
    11  donee, receiver or holder is licensed as a dealer under this
    12  chapter or has first secured a permit to purchase a handgun as
    13  provided by this section.
    14     (b)  Eligibility.--No person of good character and good
    15  repute in the community in which he lives, and who is not
    16  subject to any of the disabilities set forth in this section or
    17  other sections of this chapter, shall be denied a handgun


     1  purchaser permit, except as set forth in this subsection. No
     2  handgun purchaser permit shall be issued to any of the following
     3  persons:
     4         (1)  A person who has been convicted of a crime.
     5         (2)  A drug-dependent person, a person who is confined
     6     for a mental disorder to a hospital, mental institution or
     7     sanitarium, or to any person who is presently a habitual
     8     drunkard.
     9         (3)  A person who suffers from a physical defect or
    10     disease which would make it unsafe for him to handle
    11     handguns.
    12         (4)  A person who has ever been confined for a mental
    13     disorder, or to any alcoholic unless any of the foregoing
    14     persons produces a certificate of a medical doctor or
    15     psychiatrist licensed by the Commonwealth, or other
    16     satisfactory proof, that he is no longer suffering from that
    17     particular disability in a manner that would interfere with
    18     or handicap him in the handling of handguns.
    19         (5)  A person under 21 years of age.
    20         (6)  A person where the issuance would not be in the
    21     interest of the public health, safety or welfare.
    22         (7)  A person who is the subject of an active protection
    23     from abuse order issued pursuant to 23 Pa.C.S. § 6108
    24     (relating to relief), which order provided for the
    25     relinquishment of firearms while the order is in effect.
    26         (8)  A person who as a juvenile was adjudicated
    27     delinquent for an offense which, if committed by an adult,
    28     would constitute a crime and the offense involved the
    29     unlawful use or possession of a weapon, explosive or
    30     destructive device.
    20080S1379B1967                  - 2 -     

     1         (9)  A person whose firearm is seized pursuant to 23
     2     Pa.C.S. § 6108 and whose firearm has not been returned.
     3         (10)  A person who knowingly falsifies any information on
     4     the application form for a handgun purchaser permit.
     5     (c)  Issuance.--The chief of police of a full-time police
     6  department of the municipality where the applicant resides or
     7  the commissioner, in all other cases, shall, upon application,
     8  issue to any person eligible under subsection (b) a handgun
     9  purchaser permit.
    10     (d)  Denials.--Any person aggrieved by the denial of a
    11  handgun purchaser permit may request a hearing in the court of
    12  common pleas of the county in which the applicant resides, if he
    13  is a resident of this Commonwealth or in the court of common
    14  pleas of the county in which the application was filed for a
    15  nonresident. The request for a hearing shall be made in writing
    16  within 30 days of the denial of the application. The applicant
    17  shall serve a copy of the request for a hearing upon the chief
    18  of police of the municipality in which the applicant resides, if
    19  he is a resident of this Commonwealth, and upon the commissioner
    20  in all cases. The hearing shall be held and a record made within
    21  30 days of the receipt of the application for the hearing by the
    22  judge of the court of common pleas. No formal pleading and no
    23  filing fee shall be required as a preliminary to the hearing.
    24  Appeals from the results of the hearing shall be in accordance
    25  with the law.
    26     (e)  Applications.--Applications for handgun purchaser
    27  permits shall be in the form prescribed by the commissioner and
    28  shall state the applicant's:
    29         (1)  Name.
    30         (2)  Residence.
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     1         (3)  Place of business.
     2         (4)  Age.
     3         (5)  Date of birth.
     4         (6)  Occupation.
     5         (7)  Sex.
     6         (8)  Physical description, including distinguishing
     7     physical characteristics, if any.
     8         (9)  Whether the applicant is a citizen.
     9         (10)  Whether the applicant is an alcoholic, habitual
    10     drunkard or drug-dependent person.
    11         (11)  Whether the applicant has ever been confined or
    12     committed to a mental institution or hospital for treatment
    13     or observation of a mental or psychiatric condition on a
    14     temporary, interim or permanent basis, giving the name and
    15     location of the institution or hospital and the dates of such
    16     confinement or commitment.
    17         (12)  Whether the applicant has been attended, treated or
    18     observed by any doctor or psychiatrist or at any hospital or
    19     mental institution on an inpatient or outpatient basis for
    20     any mental or psychiatric condition, giving the name and
    21     location of the doctor, psychiatrist, hospital or institution
    22     and the dates of such occurrence.
    23         (13)  Whether the applicant presently or ever has been a
    24     member of any organization which advocates or approves the
    25     commission of acts of force and violence to overthrow the
    26     Government of the United States or this Commonwealth, or
    27     which seeks to deny others their rights under the
    28     Constitution of the United States or the Constitution of
    29     Pennsylvania.
    30         (14)  Whether the applicant has ever been convicted of a
    20080S1379B1967                  - 4 -     

     1     crime, or is subject to a protection from abuse order issued
     2     pursuant to 23 Pa.C.S. § 6108 prohibiting the person from
     3     possessing any firearm, and such other information as the
     4     superintendent shall deem necessary for the proper
     5     enforcement of this chapter.
     6  For the purpose of complying with this subsection, the applicant
     7  shall waive any statutory or other right of confidentiality
     8  relating to institutional confinement. The application shall be
     9  signed by the applicant and shall contain as references the
    10  names and addresses of two reputable citizens personally
    11  acquainted with him.
    12     (f)  Application blanks.--Application blanks shall be
    13  obtainable from the superintendent, from any other officer
    14  authorized to grant a handgun purchaser permit and from licensed
    15  retail dealers.
    16     (g)  Fingerprints.--The chief police officer of the
    17  municipality in which the applicant applies or the commissioner
    18  shall obtain the fingerprints of the applicant and shall have
    19  them compared with all records of fingerprints in the
    20  municipality and county in which the applicant resides and also
    21  the records of the Pennsylvania State Police and the Federal
    22  Bureau of Investigation, provided that an applicant for a
    23  handgun purchaser permit who possesses a valid and lawfully
    24  issued license under this chapter, or who has previously
    25  obtained a handgun purchaser permit from the same licensing
    26  authority for which he was previously fingerprinted, and who
    27  provides other reasonably satisfactory proof of his identity,
    28  need not be fingerprinted again; however, the chief police
    29  officer or the commissioner shall proceed to investigate the
    30  applicant to determine whether or not the applicant has become
    20080S1379B1967                  - 5 -     

     1  subject to any of the disabilities set forth in this chapter.
     2     (h)  Granting of permit; fee; term; renewal; revocation.--The
     3  application for the handgun purchaser permit together with a fee
     4  of $5 shall be delivered or forwarded to the licensing authority
     5  who shall investigate the same and, unless good cause for
     6  denying the application appears, shall grant the permit, if
     7  application has been made, within 30 days from the date of
     8  receipt of the application for residents of this Commonwealth
     9  and within 45 days for nonresident applicants. A handgun
    10  purchaser permit shall be valid for a period of 90 days from the
    11  date of issuance and may be renewed by the issuing authority for
    12  good cause for an additional 90 days. A handgun purchaser permit
    13  shall not be valid if the holder becomes subject to any of the
    14  disabilities set forth in subsection (b). In this case, the
    15  permit shall be void and shall be returned within five days by
    16  the holder to the commissioner, who shall then advise the
    17  issuing authority. Failure of the holder to return the handgun
    18  purchaser permit to the commissioner within five days shall be a
    19  misdemeanor of the first degree. Any handgun purchaser permit
    20  may be revoked by the court of common pleas of the county where
    21  it was issued, after hearing upon notice, upon a finding that
    22  the holder no longer qualifies for the issuance of a permit. The
    23  county prosecutor of any county, the chief police officer of any
    24  municipality or any citizen may apply to the court of common
    25  pleas at any time for revocation of the permit.
    26     (i)  Additional conditions or requirements.--There shall be
    27  no conditions or requirements added to the form or content of
    28  the application, or required by the licensing authority for the
    29  issuance of a permit, other than those that are specifically set
    30  forth in this section.
    20080S1379B1967                  - 6 -     

     1     (j)  Disposition of fees.--All fees for permits shall be paid
     2  to the State Treasury if the permit is issued by the
     3  commissioner, to the municipality if issued by the chief of
     4  police, and to the county treasurer if issued by the judge of
     5  the court of common pleas.
     6     (k)  Form of permit; quadruplicate; disposition of copies.--
     7  The permit shall be in the form prescribed by the commissioner
     8  and shall be issued to the applicant in quadruplicate. Prior to
     9  the time he receives the handgun from the seller, the applicant
    10  shall deliver to the seller the permit in quadruplicate and the
    11  seller shall complete all of the information required on the
    12  form. Within five days of the sale, the seller shall forward the
    13  original copy to the commissioner and the second copy to the
    14  chief of police of the municipality in which the purchaser
    15  resides, except that in a municipality having no chief of
    16  police, such copy shall be forwarded to the commissioner. The
    17  third copy shall be returned to the purchaser with the pistol or
    18  revolver and the fourth copy shall be kept by the seller as a
    19  permanent record.
    20     (l)  Restriction on number of handguns a person may
    21  purchase.--Only one handgun shall be purchased or delivered on
    22  each permit.
    23     (m)  Firearms passing to heirs or legatees.--Notwithstanding
    24  any other provision of this section concerning the transfer,
    25  receipt or acquisition of a firearm, a permit to purchase shall
    26  not be required for the passing of a firearm upon the death of
    27  an owner to his heir or legatee, whether the same be by
    28  testamentary bequest or by the laws of intestacy. The person who
    29  shall receive or acquire the firearm shall, however, be subject
    30  to all other provisions of this chapter. If the heir or legatee
    20080S1379B1967                  - 7 -     

     1  of the firearm does not qualify to possess or carry it, he may
     2  retain ownership of it for the purpose of sale for a period not
     3  exceeding 180 days, or for a further limited period as may be
     4  approved by the chief law enforcement officer of the
     5  municipality in which the heir or legatee resides or the
     6  commissioner, provided that the firearm is in the custody of the
     7  chief law enforcement officer of the municipality or the
     8  superintendent during the period.
     9     (n)  Sawed-off shotguns.--Nothing in this section shall be
    10  construed to authorize the purchase or possession of any sawed-
    11  off shotgun.
    12     (o)  Applicability.--Nothing in this section shall apply to
    13  the sale or purchase of a visual distress signaling device
    14  approved by the United States Coast Guard, solely for possession
    15  on a private or commercial aircraft or any boat; provided,
    16  however, that no person under 18 years of age shall purchase nor
    17  shall any person sell to a person under 18 years of age such a
    18  visual distress signaling device.
    19     (p)  Definitions.--As used in this section, the following
    20  words and phrases shall have the meanings given to them in this
    21  subsection:
    22     "Commissioner."  The Commissioner of the Pennsylvania State
    23  Police.
    24     "Handgun."  Any pistol, revolver or other firearm originally
    25  designed or manufactured to be fired by the use of a single
    26  hand.
    27     Section 2.  This act shall take effect in 60 days.


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