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PRINTER'S NO. 1111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
921
Session of
2015
INTRODUCED BY KRIEGER, TALLMAN, METZGAR, MUSTIO, SACCONE,
SAYLOR, GREINER, CUTLER, DUNBAR, GINGRICH, KAUFFMAN, EVERETT,
CAUSER, BARRAR, GROVE, BLOOM, MULLERY, JAMES, SANKEY, GABLER,
HICKERNELL, A. HARRIS, MAJOR, GOODMAN, ELLIS, METCALFE,
MENTZER, ZIMMERMAN, PETRARCA, BAKER, PYLE, SONNEY, SAINATO,
READSHAW, KORTZ, DIAMOND, COX, MARSHALL, GIBBONS, COHEN,
WARNER, PEIFER, GILLEN, NEUMAN, KOTIK, MOUL, GERGELY, ROAE,
RAPP, MALONEY, PHILLIPS-HILL, McGINNIS, WARD, STAATS, REESE,
FARRY AND HARHART, APRIL 6, 2015
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 6, 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 licenses,
for sale or transfer of firearms, for Pennsylvania State
Police, for firearm sales surcharge, for the Firearm Records
Check Fund, for licensing of dealers, for administrative
regulations and for the Firearms Background Check Advisory
Committee.
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
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clearly indicates otherwise, the meanings given to them in this
section:
* * *
"NICS." The National Instant Criminal Background Check
System maintained by the Federal Bureau of Investigation in
accordance with the Brady Handgun Violence Prevention Act
(Public Law 103-159, 107 Stat. 1536).
* * *
Section 2. Sections 6109(d)(5) and 6111(a), (b), (f), (g)(3)
and (j) of Title 18 are amended to read:
§ 6109. Licenses.
* * *
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall:
* * *
(5) [conduct a criminal background, juvenile delinquency
and mental health check following the procedures set forth in
section 6111 (relating to sale or transfer of firearms),
receive a unique approval number for that inquiry and record
the date and number on the application.] contact the NICS
for the purpose of conducting a background check pursuant to
18 U.S.C. § 922(t) (relating to unlawful acts) and obtain a
unique identification number and a proceed response. The
unique identification number and date shall be recorded on
the application.
* * *
§ 6111. Sale or transfer of firearms.
[(a) Time and manner of delivery.--
(1) Except as provided in paragraph (2), no seller shall
deliver a firearm to the purchaser or transferee thereof
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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 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) For purposes of a firearm as defined in section 6102
(relating to definitions), [obtained a completed
application/record of sale from the potential buyer or
transferee to 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 the 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. The form of this
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. The application/record of
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sale shall include the name, address, birthdate, gender,
race, physical description and Social Security number of the
purchaser or transferee, the date of the application and the
caliber, length of barrel, make, model and manufacturer's
number of the firearm to be purchased or transferred. The
application/record of sale shall also contain] provided a
notice to the potential buyer or transferee which contains
the following question:
Are you the actual buyer of the firearm(s), as defined
under 18 Pa.C.S. § 6102 (relating to definitions), listed
on this application/record of sale? Warning: You are not
the actual buyer if you are acquiring the firearm(s) on
behalf of another person, unless you are legitimately
acquiring the firearm as a gift for any of the following
individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.
(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:
(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 be filled out in
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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
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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.] (Reserved).
(1.2) [Fees collected under paragraph (3) and section
6111.2 (relating to firearm sales surcharge) shall be
transmitted to the Pennsylvania State Police within 14 days
of collection.] (Reserved).
(1.3) In addition to the criminal penalty under section
6119 (relating to violation penalty), any person who
knowingly and intentionally [maintains or fails to destroy
any information submitted to the Pennsylvania State Police
for purposes of a background check pursuant to paragraphs
(1.1) and (1.4) or] violates section 6111.4 shall be subject
to a civil penalty of $250 per violation. [, entry or failure
to destroy.
(1.4) Following implementation of the instantaneous
records check by the Pennsylvania State Police on or before
December 1, 1998, no application/record of sale shall be
completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A
statement shall be submitted by the dealer to the
Pennsylvania State Police, postmarked via first class mail,
within 14 days of the sale, containing the number of firearms
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sold which exceed the barrel and related lengths set forth in
section 6102, the amount of surcharge and other fees remitted
and a list of the unique approval numbers given pursuant to
paragraph (4), together with a statement that the background
checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania
State Police.]
(1.5) Contacted the NICS for the purpose of conducting a
background check pursuant to 18 U.S.C. § 922(t) (relating to
unlawful acts) and obtained a unique identification number
and a proceed response.
(2) Inspected photoidentification of the potential
purchaser or transferee, including, but not limited to, a
driver's license, official Pennsylvania photoidentification
card or official government photoidentification card. In the
case of a potential buyer or transferee who is a member of a
recognized religious sect or community whose tenets forbid or
discourage the taking of photographs of members of that sect
or community, a seller shall accept a valid-without-photo
driver's license or a combination of documents, as prescribed
by the Pennsylvania State Police, containing the applicant's
name, address, date of birth and the signature of the
applicant.
[(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history and a mental health record
check. The purchaser and the licensed dealer shall provide
such information as is necessary to accurately identify the
purchaser. The requester shall be charged a fee equivalent to
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the cost of providing the service but not to exceed $2 per
buyer or transferee.
(4) Received a unique approval number for that inquiry
from the Pennsylvania State Police and recorded the date and
the number on the application/record of sale form.
(5) Issued a receipt containing the information from
paragraph (4), including the unique approval number of the
purchaser. This receipt shall be prima facie evidence of the
purchaser's or transferee's compliance with the provisions of
this section.
(6) 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, no information received via telephone following the
implementation of the instantaneous background check system
from a purchaser or transferee who has received a unique
approval number shall be retained by the Pennsylvania State
Police.
(7) For purposes of the enforcement of 18 U.S.C. §
922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
the event the criminal history or juvenile delinquency
background check indicates a conviction for a misdemeanor
that the Pennsylvania State Police cannot determine is or is
not related to an act of domestic violence, the Pennsylvania
State Police shall issue a temporary delay of the approval of
the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or
investigation of the conviction with courts, local police
departments, district attorneys and other law enforcement or
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related institutions as necessary to determine whether or not
the misdemeanor conviction involved an act of domestic
violence. The Pennsylvania State Police shall conduct the
review or investigation as expeditiously as possible. No
firearm may be transferred by the dealer to the purchaser who
is the subject of the investigation during the temporary
delay. The Pennsylvania State Police shall notify the dealer
of the termination of the temporary delay and either deny the
sale or provide the unique approval number under paragraph
(4).]
* * *
(f) Application of section.--
(1) For the purposes of this section only, except as
provided by paragraph (2), "firearm" shall mean any weapon
which 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.
(2) The provisions contained in [subsections (a) and]
subsection (c) shall only apply to pistols or revolvers with
a barrel length of less than 15 inches, any shotgun with a
barrel length of less than 18 inches, any rifle with a barrel
length of less than 16 inches or any firearm with an overall
length of less than 26 inches.
(3) The provisions contained in subsection [(a)] (b)
(1.5) 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).
[(4) (i) The provisions of subsection (a) shall not
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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.]
(g) Penalties.--
* * *
(3) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally requests
a [criminal history, juvenile delinquency or mental health
record check or other confidential information from the
Pennsylvania State Police under this chapter] NICS check for
any purpose other than compliance with this chapter or
knowingly and intentionally disseminates any [criminal
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history, juvenile delinquency or mental health record]
information obtained from a NICS check or other confidential
information to any person other than the subject of the
information commits a felony of the third degree.
* * *
(j) Exemption.--
(1) The provisions of [subsections (a) and] subsection
(b) shall not apply to:
(i) sales between Federal firearms licensees; or
(ii) the purchase of firearms by a chief law
enforcement officer or his designee, for the official use
of law enforcement officers.
(2) For the purposes of this subsection, the term "chief
law enforcement officer" shall include the Commissioner of
the Pennsylvania State Police, the chief or head of a police
department, a county sheriff or any equivalent law
enforcement official.
Section 3. Section 6111.1(b)(1), (2) and (3), (c), (e), (i),
(j.1), (j.2) and (j.3) of Title 18 are amended and the section
is amended by adding subsections to read:
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
[(1) Upon receipt of a request for a criminal history,
juvenile delinquency history and mental health record check
of the potential purchaser or transferee, the Pennsylvania
State Police shall immediately during the licensee's call or
by return call forthwith:
(i) review the Pennsylvania State Police criminal
history and fingerprint records to determine if the
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potential purchaser or transferee is prohibited from
receipt or possession of a firearm under Federal or State
law;
(ii) review the juvenile delinquency and mental
health records of the Pennsylvania State Police to
determine whether the potential purchaser or transferee
is prohibited from receipt or possession of a firearm
under Federal or State law; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
prohibited; or
(B) provide the licensee with a unique approval
number.
(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any
sale or transfer of a firearm for the purpose of a subsequent
background check.
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section as
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follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin on the later of:
(A) the date of publication of the notice under
section 6111(a)(2); or
(B) December 31, 1998.]
* * *
[(c) Establish a telephone number.--The Pennsylvania State
Police shall establish a telephone number which shall be
operational seven days a week between the hours of 8 a.m. and 10
p.m. local time for purposes of responding to inquiries as
described in this section from licensed manufacturers, licensed
importers and licensed dealers. The Pennsylvania State Police
shall employ and train such personnel as are necessary to
administer expeditiously the provisions of this section.]
* * *
(e) Challenge to records.--
(1) Any person who is denied the right to receive, sell,
transfer, possess, carry, manufacture or purchase a firearm
as a result of the [procedures established by this section]
information recorded in a registry of the Pennsylvania State
Police may challenge the accuracy of that person's criminal
history, juvenile delinquency history or mental health record
[pursuant to a denial by the instantaneous records check] by
submitting a challenge to the Pennsylvania State Police
within 30 days from the date of the denial.
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(2) The Pennsylvania State Police shall conduct a review
of the accuracy of the information forming the basis for the
denial and shall have the burden of proving the accuracy of
the record. Within 20 days after receiving a challenge, the
Pennsylvania State Police shall notify the challenger of the
basis for the denial, including, but not limited to, the
jurisdiction and docket number of any relevant court decision
and provide the challenger an opportunity to provide
additional information for the purposes of the review. The
Pennsylvania State Police shall communicate its final
decision to the challenger within 60 days of the receipt of
the challenge. The decision of the Pennsylvania State Police
shall include all information which formed a basis for the
decision.
(3) If the challenge is ruled invalid, the person shall
have the right to appeal the decision to the Attorney General
within 30 days of the decision. The Attorney General shall
conduct a hearing de novo in accordance with the
Administrative Agency Law. The burden of proof shall be upon
the Commonwealth.
(4) The decision of the Attorney General may be appealed
to the Commonwealth Court by an aggrieved party.
(5) Pursuant to the memorandum of understanding under
subsection (j.4), the Pennsylvania State Police shall report
to the National Instant Criminal Background Check System
Index, Denied Persons Files, the name and other available
identifying information of any person who successfully
challenges the accuracy of that person's criminal history,
juvenile delinquency history or mental health record under
this subsection.
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* * *
[(i) Reports.--The Pennsylvania State Police shall annually
compile and report to the General Assembly, on or before
December 31, the following information for the previous year:
(1) number of firearm sales, including the types of
firearms;
(2) number of applications for sale of firearms denied,
number of challenges of the denials and number of final
reversals of initial denials;
(3) summary of the Pennsylvania State Police's
activities, including the average time taken to complete a
criminal history, juvenile delinquency history or mental
health record check; and
(4) uniform crime reporting statistics compiled by the
Pennsylvania State Police based on the National Incident-
based Reporting System.]
* * *
[(j.1) Delinquency and mental health records.--The
provisions of this section which relate to juvenile delinquency
and mental health records checks shall be applicable when the
data has been made available to the Pennsylvania State Police
but not later than October 11, 1999.
(j.2) Records check.--The provisions of this section which
relate to the instantaneous records check conducted by telephone
shall be applicable 30 days following notice by the Pennsylvania
State Police pursuant to section 6111(a)(2).]
(j.3) Immunity.--[The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm by a purchaser or for the unlawful transfer of a
firearm by a dealer unless the act of the Pennsylvania State
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Police or its employees constitutes a crime, actual fraud,
actual malice or willful misconduct.] Unless the act of the
Pennsylvania State Police or its employees constitutes a crime,
actual fraud, actual malice or willful misconduct, the
Pennsylvania State Police and its employees shall be immune from
actions for damages for:
(1) the use of a firearm by a purchaser or lawful owner;
or
(2) the unlawful transfer of a firearm by a dealer.
(j.4) Report of State prohibitors to NICS.--The Pennsylvania
State Police shall, in accordance with Federal and State law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the NICS in this Commonwealth. The
Pennsylvania State Police shall , as soon as possible but within
72 hours of receipt, report, electronically or otherwise, to the
NICS, the name and other available identifying information of
any person who:
(1) under section 6105, may not possess, use, control,
sell, transfer or manufacture a firearm in this Commonwealth;
or
(2) was previously reported under paragraph (1) or any
predecessor statute or agreement and may currently possess,
use, control, sell, transfer or manufacture a firearm in this
Commonwealth.
(j.5) Report of court orders to NICS.--The Pennsylvania
State Police shall, as soon as possible but within 72 hours of
receipt, report, electronically or otherwise, to the NICS, any
record relevant to a determination of whether a person is
disqualified from possessing or receiving a firearm under 18
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U.S.C. § 922(g)(8) or (9) (relating to unlawful acts) and any
record relevant to a determination of whether a person is not
disqualified or is no longer disqualified from possessing or
receiving a firearm under 18 U.S.C. § 922(g)(8) or (9).
* * *
Section 4. Sections 6111.2 and 6111.3 of Title 18 are
repealed:
[§ 6111.2. Firearm sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm subject to tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
additional surcharge of $3. This shall be referred to as the
Firearm Sale Surcharge. All moneys received from this surcharge
shall be deposited in the Firearm Instant Records Check Fund.
(b) Increases or decreases.--Five years from the effective
date of this subsection, and every five years thereafter, the
Pennsylvania State Police shall provide such information as
necessary to the Legislative Budget and Finance Committee for
the purpose of reviewing the need to increase or decrease the
instant check fee. The committee shall issue a report of its
findings and recommendations to the General Assembly for a
statutory change in the fee.
(c) Revenue sources.--Funds received under the provisions of
this section and section 6111(b)(3) (relating to sale or
transfer of firearms), as estimated and certified by the
Secretary of Revenue, shall be deposited within five days of the
end of each quarter into the fund.
(d) Definition.--As used in this section only, the term
"firearm" shall mean any weapon which is designed to or may
readily be converted to expel any projectile by the action of an
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explosion or the frame or receiver of any such weapon.
§ 6111.3. Firearm Records Check Fund.
(a) Establishment.--The Firearm Records Check Fund is hereby
established as a restricted account in the State Treasury,
separate and apart from all other public money or funds of the
Commonwealth, to be appropriated annually by the General
Assembly, for use in carrying out the provisions of section 6111
(relating to firearm ownership). The moneys in the fund on June
1, 1998, are hereby appropriated to the Pennsylvania State
Police.
(b) Source.--The source of the fund shall be moneys
collected and transferred under section 6111.2 (relating to
firearm sales surcharge) and moneys collected and transferred
under section 6111(b)(3).]
Section 5. Sections 6113(a) and 6124 of Title 18 are amended
to read:
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
prescribed by the Pennsylvania State Police, effective for three
years from date of issue, permitting the licensee to sell
firearms direct to the consumer, subject to the following
conditions in addition to those specified in section 6111
(relating to sale or transfer of firearms), for breach of any of
which the license shall be forfeited and the licensee subject to
punishment as provided in this subchapter:
(1) The business shall be carried on only upon the
premises designated in the license or at a lawful gun show or
meet.
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(2) The license, or a copy thereof, certified by the
issuing authority, shall be displayed on the premises where
it can easily be read.
(3) No firearm shall be sold in violation of any
provision of this subchapter.
(4) No firearm shall be sold under any circumstances
unless the purchaser is personally known to the seller or
shall present clear evidence of the purchaser's identity.
[(5) A true record in triplicate shall be made of every
firearm sold, in a book kept for the purpose, the form of
which may be prescribed by the Pennsylvania State Police, and
shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and
shall contain the information required by section 6111. The
record shall be maintained by the licensee for a period of 20
years.]
(6) No firearm as defined in section 6102 (relating to
definitions) shall be displayed in any part of any premises
where it can readily be seen from the outside. In the event
that the Commissioner of the Pennsylvania State Police shall
find a clear and present danger to public safety within this
Commonwealth or any area thereof, firearms shall be stored
and safeguarded pursuant to regulations to be established by
the Pennsylvania State Police by the licensee during the
hours when the licensee is closed for business.
(7) The dealer shall possess all applicable current
revenue licenses.
* * *
§ 6124. Administrative regulations.
The commissioner may establish form specifications and
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regulations, consistent with section 6109(c) (relating to
licenses), with respect to uniform forms control, including the
following:
(1) License to carry firearms.
(2) Firearm registration.
(3) Dealer's license.
[(4) Application for purchase of a firearm.
(5) Record of sale of firearms.]
Section 6. Section 6126 of Title 18 is repealed:
[§ 6126. Firearms Background Check Advisory Committee.
(a) Establishment.--There is hereby established the Firearms
Background Check Advisory Committee which shall consist of six
members as follows:
(1) The Governor or a designee.
(2) The Attorney General or a designee.
(3) The Majority Leader of the Senate or a designee.
(4) The Minority Leader of the Senate or a designee.
(5) The Majority Leader of the House of Representatives
or a designee.
(6) The Minority Leader of the House of Representatives
or a designee.
(b) Duties.--To facilitate compliance with this chapter and
the intent thereof, the Firearms Background Check Advisory
Committee shall, as follows:
(1) Review the operations and procedures of the
Pennsylvania State Police relating to the implementation and
administration of the criminal history, juvenile delinquency
and mental health records background checks.
(2) Advise the Pennsylvania State Police relating to the
development and maintenance of the instantaneous records
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check system.
(3) Provide annual reports to the Governor and the
General Assembly on the advisory committee's findings and
recommendations, including discussions concerning conformance
with the preamble of the act of June 13, 1995 (1st Sp.Sess.,
P.L.1024, No.17), entitled, "An act amending Titles 18
(Crimes and Offenses) and 42 (Judiciary and Judicial
Procedure) of the Pennsylvania Consolidated Statutes, further
providing for the possession of firearms; establishing a
selected Statewide juvenile offender registry; and making an
appropriation."
(c) Terms.--Members or their designees shall serve a term of
office concurrent with the term of office for which the member
was elected. Any vacancy shall be filled by the appointing
authority.
(d) Chairperson.--The Governor shall appoint the chairperson
of the advisory committee.
(e) Expiration.--This section shall expire November 30,
2002.]
Section 7. This act shall take effect June 1, 2015, or
immediately, whichever is later.
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