PRINTER'S NO.  445

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

401

Session of

2009

  

  

INTRODUCED BY YOUNGBLOOD, CRUZ, BROWN, BISHOP AND JOSEPHS, FEBRUARY 13, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, providing for a safety performance

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standard for the manufacture of handguns, for the forfeiture

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of certain handguns and for enforcement relating to a safety

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standard for handguns; imposing penalties; and conferring

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powers and imposing duties on the Pennsylvania State Police.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Chapter 61 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding a subchapter to read:

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SUBCHAPTER E

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HANDGUN SAFETY STANDARDS

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Sec.

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6191.  Definitions.

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6192.  Safety standard.

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6193.  Enforcement.

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6194.  Exemptions.

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6195.  Penalties.

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§ 6191.  Definitions.

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The following words and phrases when used in this subchapter

 


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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Antique firearm."  Either of the following:

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(1)  A firearm, including a firearm with a matchlock,

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flintlock, percussion cap or similar type of ignition system,

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manufactured in or before 1898.

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(2)  A replica of a firearm described in paragraph (1) if

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the replica:

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(i)  is not designed or redesigned for using rimfire

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or conventional center fire fixed ammunition; or

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(ii)  uses rimfire or conventional center fire fixed

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ammunition which is no longer manufactured in the United

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States and which is not readily available in the ordinary

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channels of commercial trade.

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"Authorized user."  A person who owns a handgun or a person

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to whom the owner has given consent to use the handgun.

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"Handgun."  A firearm which has a short stock and is designed

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to be held and fired by the use of a single hand and any

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combination of parts from which a firearm can be assembled.

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"Handgun manufacturer."  A person engaged in the business of

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manufacturing handguns for the purpose of sale or distribution.

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"Pawnbroker."  A person whose business or occupation includes

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the taking or receiving, by the way of pledge or pawn, any

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firearm as security for the payment or repayment of money.

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"Person."  An individual, corporation, company, association,

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firm, partnership, society or joint stock company.

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"Safety standard."  The handgun safety performance standard

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described in section 6192 (relating to safety standard).

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"Seller" or "dealer."  A person:

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(1)  engaged in the business of selling firearms at

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wholesale or retail;

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(2)  engaged in the business of repairing firearms or of

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making or fitting special barrels, stocks or trigger

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mechanisms to firearms; or

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(3)  who is a pawnbroker.

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§ 6192.  Safety standard.

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(a)  Scope.--This section applies to all handguns

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manufactured, possessed, sold, offered for sale, traded,

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transferred, shipped, leased, distributed or acquired within

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this Commonwealth.

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(b)  Requirements.--The Pennsylvania State Police shall

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promulgate regulations prescribing a handgun safety performance

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standard. The safety standard shall include the following

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requirements:

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(1)  A handgun shall be personalized so that it can only

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be fired when operated by that handgun's authorized user or

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users.

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(2)  The technology establishing personalized handguns

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shall be incorporated into the design of a handgun and be

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part of its original equipment and not an accessory.

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(3)  No personalized handgun may be manufactured to

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permit the personalized characteristics to be readily

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deactivated.

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(c)  Formulation of testing procedures.--The Pennsylvania

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State Police shall formulate the necessary testing procedure to

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determine if a handgun complies with the safety standard.

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(d)  Designation of testing laboratories.--The Commissioner

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of Pennsylvania State Police shall designate one or more

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independent laboratories for determining whether handguns comply

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with the safety standard. The laboratories shall use the test

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method formulated by the Pennsylvania State Police to determine

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compliance.

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(e)  Handgun manufacturer's compliance.--

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(1)  In accordance with subsection (b), handgun

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manufacturers wishing to manufacture, sell, offer for sale or

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transfer handguns in this Commonwealth shall submit a

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prototype of the handgun model for testing, at the

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manufacturer's cost, to one of the independent laboratories

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designated by the Pennsylvania State Police.

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(2)  The laboratory shall issue a report directly to the

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Pennsylvania State Police and a copy to the manufacturer

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indicating whether the submitted handgun met or did not meet

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the safety standard. If the submitted handgun did not meet

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the safety standard, the report shall describe the reasons

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therefor.

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(3)  If the handgun model fails to meet the safety

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standard it shall be unlawful for it to be manufactured,

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possessed, sold, offered for sale, traded, transferred,

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shipped, leased, distributed or acquired by anyone in this

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Commonwealth until:

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(i)  It has been modified to meet the safety

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standard.

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(ii)  It has passed the independent laboratory test

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on resubmission.

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(4)  If the handgun model meets the safety standard, the

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Pennsylvania State Police shall issue a certificate stating

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that the handgun model meets the safety standard; and the

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words, "certified personalized handgun" or an equivalent

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label, as established by the Pennsylvania State Police, shall

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be imprinted on the approved handguns at the manufacturer's

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expense.

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(5)  If a handgun model is deemed to meet the safety

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standard, the manufacturer, seller or possessor may not alter

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the design of the handgun in any manner affecting the safety

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of the handgun.

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§ 6193.  Enforcement.

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(a)  Noncompliant handguns prohibited.--On or after four

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years from the date of the adoption of the original safety

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standard by the Pennsylvania State Police, no handgun that fails

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to meet the standard may be manufactured, possessed, sold,

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offered for sale, traded, transferred, shipped, leased,

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distributed or acquired in this Commonwealth.

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(b)  Seizure.--If a police officer, during the course of

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official duties and operating within existing constitutional

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constraints on police searches and seizures, discovers a handgun

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which under the provisions of this subchapter does not meet the

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safety standard, the officer shall take possession of the

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handgun. The handgun shall be forfeited to the Commonwealth and

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shall be destroyed.

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(c)  Enjoining violators.--The Attorney General shall bring

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an action on behalf of the Commonwealth against a seller,

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manufacturer or possessor of handguns to enjoin further

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violations of this subchapter and for such other relief as may

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be appropriate.

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§ 6194.  Exemptions.

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The following handguns are exempt from this subchapter:

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(1)  Antique handguns legally purchased or acquired in

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accordance with current laws.

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(2)  Handguns manufactured prior to four years from the

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date of the adoption of the original safety standard.

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However, such handguns may not be sold, offered for sale,

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traded, transferred, shipped, leased or distributed by

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dealers after four years from the date of the adoption of the

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original safety standard.

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(3)  Handguns purchased by police departments, sheriffs

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and law enforcement officers and members of the armed forces

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of the United States and all components of the armed forces,

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including reserve and Pennsylvania National Guard forces.

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(4)  Handguns possessed by law enforcement officers on

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official assignment in this Commonwealth from any state which

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by agreement permits police officers from this Commonwealth

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while on assignment in that state to carry firearms without

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registration.

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(5)  Handguns that are a part of the official equipment

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of any Federal agency.

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§ 6195.  Penalties.

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(a)  Penalty for violation.--A person that violates this

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subchapter by manufacturing, possessing, selling, offering for

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sale, trading, transferring or acquiring a handgun which has not

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been certified by an independent testing laboratory as meeting

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the safety standard and is not subject to section 6194 (relating

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to exemptions) commits a felony of the third degree.

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(b)  Penalty for altering personalized handguns.--A person

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that violates this subchapter by altering the personalized

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characteristics of a handgun manufactured, possessed, sold,

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offered for sale, traded, transferred, shipped, leased,

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distributed or acquired, after four years from the date of the

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adoption of the original safety standard, commits a felony of

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the third degree.

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(c)  Entities subject to penalty.--The penalties set forth in

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this section apply to all public and private manufacturers,

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possessors, sales, offers for sale, trades, transfers,

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shipments, leases, distributions or acquisitions of handguns.

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Section 2.  This act shall take effect in 60 days.

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