PRINTER'S NO. 926
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
783
Session of
2015
INTRODUCED BY KRIEGER, TALLMAN, McGINNIS, SACCONE, CAUSER,
DUNBAR, DIAMOND, SAYLOR, REESE, GREINER, METCALFE, GABLER,
KAUFFMAN, A. HARRIS, BLOOM, MULLERY, LAWRENCE, M. K. KELLER,
PICKETT, KNOWLES, GILLEN, MALONEY, PEIFER, MOUL, RAPP, ROAE
AND KORTZ, MARCH 13, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions, for sale or
transfer of firearms and for registration of firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 6102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this subchapter which are applicable to specific
provisions of this subchapter, the following words and phrases,
when used in this subchapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
* * *
"Registry of firearm ownership." Any list, database, record
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or registry of privately owned firearms or any list, database,
record or registry reflecting the sale, transfer or ownership of
those firearms. The term includes, but is not limited to, any
list, database, record or registry reflecting an application or
other record reflecting the sale or transfer of a firearm. For
the purposes of this definition only, the term "firearm" shall
include any weapon that is designed or may readily be converted
to expel any projectile by the action of an explosive or the
frame or receiver of any such weapon.
* * *
Section 2. Sections 6111(b)(1.1)(v) and 6111.4 of Title 18
are amended to read:
§ 6111. Sale or transfer of firearms.
* * *
(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, all of
the following shall apply:
* * *
(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
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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] for any
firearm, as defined in subsection (f)(1), 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.
* * *
§ 6111.4. Registration of firearms.
(a) General rule.--Notwithstanding any section of this
chapter to the contrary, nothing in this chapter shall be
construed to allow any government or law enforcement agency or
any agent thereof to create, maintain or operate any registry of
firearm ownership within this Commonwealth[.] or to consolidate
or centralize any records of the:
(1) acquisition, transfer or disposition of firearms, or
any portion thereof, maintained by any person; or
(2) possession or ownership of a firearm maintained by
any medical or health insurance entity.
(b) Penalty.--Any government or law enforcement official who
knowingly violates section 6111(b)(1.1)(v) (relating to sale or
transfer of firearms) shall be subject to a fine of not more
than $10,000, imprisoned for not more than 15 years or both.
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(c) Definition.--For the purposes of this section only, the
term "firearm" shall include any weapon that is designed to or
may readily be converted to expel any projectile by the action
of an explosive or the frame or receiver of any such weapon.
Section 3. Any government or law enforcement agency or any
agent thereof that currently possesses, controls, maintains or
operates a registry of firearm ownership created or compiled
using information on an application/record of sale provided
pursuant to 18 Pa.C.S. § 6111 shall destroy the registry of
firearm ownership.
Section 4. This act shall take effect in 90 days.
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