THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEVENSON, BEYER, BOYD, CUTLER, ELLIS, FAIRCHILD, GABLER, GIBBONS, GROVE, HALUSKA, HUTCHINSON, KILLION, KORTZ, KOTIK, LONGIETTI, MAJOR, METCALFE, MILLARD, MILLER, MOUL, PEIFER, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROHRER, SCAVELLO, SIPTROTH, STERN, SWANGER, TURZAI AND WHITE, JANUARY 26, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for licenses and for

sale or transfer of firearms; and imposing duties on the

Attorney General.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6109(i), (i.1), (m.1)(6) and (n) of Title

18 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 6109.  Licenses.

* * *

(i)  Revocation.--

(1)  A license to carry firearms may be revoked by the

issuing authority for good cause. A license to carry firearms

shall be revoked by the issuing authority for any reason

stated in subsection (e)(1) which occurs during the term of

the [permit] license. Notice of revocation shall be provided 

in writing and shall state the specific reason for

revocation. [Notice]

(2)  The issuing authority shall immediately revoke the

license of any licensee who is prohibited from possessing or

acquiring firearms as provided by section 6105 or under the

statutes of the United States. An individual whose license is

revoked under this paragraph shall, upon request, immediately

surrender the license to the issuing authority.

(3)  Except as provided in paragraph (2), notice of

revocation shall be sent by certified mail to the individual

whose license is revoked[, and, at that time, notice shall

also be provided to the Pennsylvania State Police by

electronic means, including e-mail or facsimile transmission,

that the license is no longer valid]. An individual whose

license is revoked under this paragraph shall surrender the

license to the issuing authority within five days of receipt

of the notice.

(4)  At the time an issuing authority commences

revocation under paragraph (2) or (3), notice shall also be

provided to the Pennsylvania State Police by electronic

means, including e-mail or facsimile transmission, that a

license is no longer valid.

(5)  An individual whose license is revoked may appeal to

the court of common pleas for the judicial district in which

the individual resides.

(6)  An individual who violates this section commits a

summary offense.

(i.1)  Notice to sheriff.--Notwithstanding any statute to the

contrary:

(1)  Upon conviction of a person for a crime specified in

section 6105(a) or (b) or upon conviction of a person for a

crime punishable by imprisonment exceeding one year or upon a

determination that the conduct of a person meets the criteria

specified in section 6105(c)(1), (2), (3), (5), (6) or (9),

the court shall determine if the defendant has a license to

carry firearms issued pursuant to this section. If the

defendant has such a license, the court shall notify the

sheriff of the county [in which that person resides] which

issued the license, on a form developed by the Pennsylvania

State Police, of the identity of the person and the nature of

the crime or conduct which resulted in the notification. The

notification shall be transmitted by the judge within seven

days of the conviction or determination.

(2)  Upon adjudication that a person is incompetent or

upon the involuntary commitment of a person to a mental

institution for inpatient care and treatment under the act of

July 9, 1976 (P.L.817, No.143), known as the Mental Health

Procedures Act, or upon involuntary treatment of a person as

described under section 6105(c)(4), the judge of the court of

common pleas, mental health review officer or county mental

health and mental retardation administrator shall notify the

sheriff of the county in which that person resides, on a form

developed by the Pennsylvania State Police, of the identity

of the person who has been adjudicated, committed or treated

and the nature of the adjudication, commitment or treatment.

The notification shall be transmitted by the judge, mental

health review officer or county mental health and mental

retardation administrator within seven days of the

adjudication, commitment or treatment.

(3)  Upon receipt of the notification under paragraph

(2), the sheriff shall determine if such person has a license

to carry a firearm issued pursuant to this section and, if

the license was issued by a sheriff in another county, shall

provide notice of the identity of the person and the nature

of the commitment, treatment or adjudication to the issuing

sheriff. The notification shall be provided as follows:

(i)  as soon as practicable, by electronic mail,

telephone or facsimile transmission; and

(ii)  within seven days, on a form developed by the

Pennsylvania State Police.

(4)  Upon arrest of a person for a crime specified in

section 6105(a) or (b) or upon arrest of a person for a crime

punishable by imprisonment exceeding one year, a law

enforcement officer shall determine if the person has a

license to carry firearms issued pursuant to this section. If

the person has such a license, the law enforcement officer or

the law enforcement agency employing the law enforcement

officer shall notify the sheriff of the county which issued

the license of the identity of the person and the nature of

the crime which resulted in the notification. Notice shall be

provided as follows:

(i) as soon as practicable, notice shall be provided

by electronic mail, telephone or facsimile transmission;

and

(ii)  within seven days of the arrest, notice shall

be provided on a form developed by the Pennsylvania State

Police.

(5)  Upon indictment of a person for a crime specified in

section 6105(a) or (b) or upon indictment of a person for a

crime punishable by imprisonment exceeding one year, a

prosecutor shall determine if the person has a license to

carry firearms issued pursuant to this section. If the person

has such a license, the prosecutor shall notify the sheriff

of the county which issued the license of the identity of the

person and nature of the crime which resulted in the

notification. Notice shall be provided as follows:

(i)  as soon as practicable, notice shall be provided

by electronic mail, telephone or facsimile transmission;

and

(ii)  within seven days of the indictment, notice

shall be provided on a form developed by the Pennsylvania

State Police.

* * *

(m.1)  Temporary emergency licenses.--

* * *

(6)  [A] Except as provided in section 6111(f)(3.1), a 

person who holds a temporary emergency license to carry a

firearm shall have the same rights to carry a firearm as a

person issued a license to carry a firearm under this

section. A licensee under this subsection shall be subject to

all other duties, restrictions and penalties under this

section, including revocation pursuant to subsection (i).

* * *

[(n)  Definition.--As used in this section, the term

"licensee" means an individual who is licensed to carry a

firearm under this section.]

(n)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Licensee."  An individual who is licensed to carry a firearm

under this section.

"Prosecutor."  A prosecutor as defined in section 4953.1(c)

(relating to retaliation against prosecutor or judicial

official).

Section 2.  Section 6111(a), (b) introductory paragraph and

(1.1) and (f)(3) and (4) of Title 18 are amended and subsection

(f) is amended by adding a paragraph to read:

§ 6111.  Sale or transfer of firearms.

(a)  [Time and manner] Manner of delivery.--

[(1)  Except as provided in paragraph (2), no seller

shall deliver a firearm to the purchaser or transferee

thereof until 48 hours shall have elapsed from the time of

the application for the purchase thereof, and, when

delivered, the firearm shall be securely wrapped and shall be

unloaded.

(2)  Thirty days after publication in the Pennsylvania

Bulletin that the Instantaneous Criminal History Records

Check System has been established in accordance with the

Brady Handgun Violence Prevention Act (Public Law 103-159, 18

U.S.C. § 921 et seq.), no] No seller shall deliver a firearm

to the purchaser thereof until the provisions of this section

have been satisfied, and, when delivered, the firearm shall

be securely wrapped and shall be unloaded.

(b)  Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

licensed manufacturer, licensed dealer or licensed collector,

[until the conditions of subsection (a) have been satisfied and]

until he has:

* * *

(1.1)  [On the date of publication in the Pennsylvania

Bulletin of a notice by the Pennsylvania State Police that

the instantaneous records check has been implemented,] In the

event of an electronic failure under section 6111.1(b)(2)

(relating to Pennsylvania State Police) for purposes of a

firearm which exceeds the barrel and related lengths set

forth in section 6102, obtained a completed application/

record of sale from the potential buyer or transferee and all

of the following shall apply:

(i)  [In the event of an electronic failure under

section 6111.1(b)(2) (relating to Pennsylvania State

Police) for purposes of a firearm which exceeds the

barrel and related lengths set forth in section 6102,

obtained a completed application/record of sale from the

potential buyer or transferee to] The application/record

of sale shall be filled out in triplicate, the original

copy [to be] sent to the Pennsylvania State Police,

postmarked via first class mail, within 14 days of sale,

one copy [to be] retained by the licensed importer,

licensed manufacturer or licensed dealer for a period of

20 years and one copy [to be] provided to the purchaser

or transferee.

(ii)  The form of the application/record of sale

shall be no more than one page in length and shall be

promulgated by the Pennsylvania State Police and provided

by the licensed importer, licensed manufacturer or

licensed dealer.

(iii)  For purposes of conducting the criminal

history, juvenile delinquency and mental health records

background check which shall be completed within ten days

of receipt of the information from the dealer, the

application/record of sale shall include the name,

address, birthdate, gender, race, physical description

and Social Security number of the purchaser or transferee

and the date of application.

(iv)  No information regarding the type of firearm

need be included other than an indication that the

firearm exceeds the barrel lengths set forth in section

6102.

(v)  Unless it has been discovered pursuant to a

criminal history, juvenile delinquency and mental health

records background check that the potential purchaser or

transferee is prohibited from possessing a firearm

pursuant to section 6105 (relating to persons not to

possess, use, manufacture, control, sell or transfer

firearms), no information on the application/record of

sale provided pursuant to this subsection shall be

retained as precluded by section 6111.4 (relating to

registration of firearms) by the Pennsylvania State

Police either through retention of the application/record

of sale or by entering the information onto a computer,

and, further, an application/record of sale received by

the Pennsylvania State Police pursuant to this subsection

shall be destroyed within 72 hours of the completion of

the criminal history, juvenile delinquency and mental

health records background check.

* * *

(f)  Application of section.--

* * *

(3)  Except as provided in (3.1), the provisions

contained in [subsection (a)] subsections (a) and (b)(1.1),

(3), (4), (5), (6) and (7) shall not apply to any law

enforcement officer whose current identification as a law

enforcement officer shall be construed as a valid license to

carry a firearm or any person who possesses a valid license

to carry a firearm under section 6109 (relating to licenses).

(3.1)  The exceptions in paragraph (3) shall not apply to

any person who possesses a temporary emergency license to

carry a firearm under section 6109(m.1).

[(4)  (i)  The provisions of subsection (a) shall not

apply to any person who presents to the seller or

transferor a written statement issued by the official

described in subparagraph (iii) during the ten-day period

ending on the date of the most recent proposal of such

transfer or sale by the transferee or purchaser stating

that the transferee or purchaser requires access to a

firearm because of a threat to the life of the transferee

or purchaser or any member of the household of that

transferee or purchaser.

(ii)  The issuing official shall notify the

applicant's local police authority that such a statement

has been issued. In counties of the first class the chief

of police shall notify the police station or substation

closest to the applicant's residence.

(iii)  The statement issued under subparagraph (ii)

shall be issued by the district attorney, or his

designee, of the county of residence if the transferee or

purchaser resides in a municipality where there is no

chief of police. Otherwise, the statement shall be issued

by the chief of police in the municipality in which the

purchaser or transferee resides.]

* * *

Section 3.  The Attorney General shall:

(1)  Contact the Bureau of Alcohol, Tobacco and Firearms

or other appropriate Federal agency to determine if the

provisions of this act allow a Pennsylvania license to carry

a firearm to serve as an alternative to the background check

for firearm purchases pursuant to 18 U.S.C. § 922(t)(3)(A).

(2)  Transmit to the Legislative Reference Bureau, for

publication in the Pennsylvania Bulletin, notice of a

determination under paragraph (1) that a Pennsylvania license

to carry a firearm fulfills the requirements of 18 U.S.C. §

922(t)(3)(A).

Section 4.  This act shall take effect as follows:

(1)  Section 3 and this section shall take effect

immediately.

(2)  The remainder of this act shall take effect 30 days

after publication of the notice under section 3.