Regular Session 2019-2020 House Bill 0768 P.N. 0818

PRINTER'S NO. 818

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

768

Session of

2019

INTRODUCED BY CRUZ, ISAACSON AND DALEY, MARCH 8, 2019

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2019

AN ACT

Relating to firearm registration; providing for duties of the

Pennsylvania State Police; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Firearm

Registration Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Antique firearm." Includes:

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

flintlock, percussion cap or similar type of ignition system,

manufactured in or before 1898.

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

the replica:

(i) is not designed or redesigned for using rimfire

or conventional centerfire fixed ammunition; or

(ii) uses rimfire or conventional centerfire

ammunition that is no longer manufactured in the United

States and that is not readily available in the ordinary

channels of commercial trade.

(3) A firearm, other than a machine gun, which, although

designed as a weapon, the Pennsylvania State Police finds by

reason of the date of its manufacture, value, design and

other characteristics is primarily a collector's item and is

not likely to be used as a weapon.

"Firearm." A weapon which will or is designed or restored to

expel a projectile or projectiles by the action of an explosive,

the frame or receiver of the device or a firearm muffler or

silencer. The term shall not include:

(1) An antique firearm.

(2) A device used exclusively for line throwing,

signaling or safety and required or recommended by the United

States Coast Guard or Interstate Commerce Commission.

(3) A device used exclusively for firing explosives,

rivets, stud cartridges or any similar industrial ammunition

incapable of use as a weapon.

Section 3. Registration.

(a) General rule.--All firearms in this Commonwealth shall

be registered in accordance with this section. It shall be the

duty of a person owning or possessing a firearm to cause the

firearm to be registered. No person within this Commonwealth may

possess, harbor, have under the person's control, transfer,

offer for sale, sell, give, deliver or accept a firearm unless

the person is the holder of a valid registration certificate for

the firearm. No person within this Commonwealth may possess,

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harbor, have under the person's control, transfer, offer for

sale, sell, deliver or accept a firearm which is unregisterable

under this act.

(b) Nonapplicability.--This section shall not apply to:

(1) Firearms owned or under the direct control or

custody of a Federal, State or local governmental authority

maintained in the course of its official duties.

(2) Duty-related firearms owned and possessed by law

enforcement officers who are not residents of this

Commonwealth.

(3) Duty-related firearms owned and possessed by

corrections officers who are not residents of this

Commonwealth.

(4) Firearms owned, manufactured or processed by

licensed manufacturers of firearms, bulk transporters or

licensed sellers of firearms at wholesale or retail, provided

that such persons have all licenses required by law.

(5) A nonresident of this Commonwealth participating in

a lawful recreational firearm-related activity in this

Commonwealth, or on the way to or from the firearm-related

activity in another jurisdiction, provided that the

possession or control of the firearm is lawful in the

jurisdiction in which the individual resides and that the

weapon is either:

(i) Broken down in a nonfunctioning state.

(ii) Unloaded and enclosed in a case, firearm-

carrying box, shipping box or other container.

(6) Private security personnel who possess or control a

firearm or ammunition within this Commonwealth. Firearms

under this paragraph shall be owned and maintained by the

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security firm employing the security personnel and shall be

registered by the security firm in accordance with this

section.

Section 4. Registration requirements.

(a) General rule.--No registration certificate shall be

issued to a person unless the person:

(1) Has not been convicted of a crime of violence.

(2) Has not been convicted within the five years prior

to the application of a violation of any law relating to the

use, possession or sale of a narcotic or dangerous drug.

(3) Is not otherwise ineligible to possess a firearm

under Federal or State law.

(b) Application.--A person who is required to register a

firearm under this act shall obtain an application for

registration of the firearm from the Pennsylvania State Police.

The application shall be in writing and sworn under oath and

shall require the following information:

(1) The name, home and business address, telephone

number, date of birth and Social Security number of the

applicant.

(2) The age, sex and citizenship of the applicant.

(3) The name of the manufacturer, the caliber or gauge,

model, type and serial number of each firearm to be

registered.

(4) Two photographs taken within 30 days immediately

prior to the date of filing the application equivalent to

passport size showing the full face, head and shoulders of

the applicant in a clear and distinguishing manner.

(5) Additional information as the Pennsylvania State

Police may deem necessary to process the application.

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submit to fingerprinting by the Pennsylvania State Police in

accordance with procedures and regulations prescribed by the

Pennsylvania State Police.

(d) Records.--The Pennsylvania State Police shall keep an

accurate record of each application received and acted upon

together with all other information and data pertaining to the

application on all applications for owner's registration

certificates issued or denied under this act. Applications for

owner's registration certificates shall be numbered in

consecutive numbers as filed, and each certificate issued shall

be identified with the duplicate number of the application upon

which it was issued and shall expire automatically one year from

the date of issuance.

(e) Background check.--The Pennsylvania State Police shall

conduct a criminal background check on the applicant to ensure

compliance with this section. No application may be approved

until and unless a criminal background check is completed.

(f) Procedure.--Within 30 days of receipt of an application,

the Pennsylvania State Police, after consideration of the

application for an owner's registration certificate and all

information obtained relative to the application, shall either

approve or deny the application and notify the applicant in

writing of the determination.

(g) Approval.--In the event the application is approved, the

Pennsylvania State Police shall issue to the applicant an

owner's registration certificate which shall contain the

applicant's name, residence, date of birth, photograph and other

personal information as may be required by the Pennsylvania

State Police. The owner's registration certificate shall not be

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transferable, shall be carried simultaneously with the firearm

and shall be exhibited to a police officer upon demand for

inspection. Registration shall not make lawful the carrying or

possessing of a firearm if prohibited by law.

(h) Denial.--In the event the application is denied, the

Pennsylvania State Police shall inform the applicant in writing

of the denial. An applicant who believes that the applicant's

application is wrongfully denied may, within 10 days after

receiving notice of the denial, file a written appeal of the

denial in accordance with 2 Pa.C.S. (relating to administrative

law and procedure). Within three days after notification of a

decision unfavorable to the applicant and all time for appeal

having expired, the applicant shall surrender to the

Pennsylvania State Police the firearm for which the applicant

was denied registration.

(i) Renewal.--Each registrant must renew registration

annually. Applications for renewal shall be made by a registrant

60 days prior to the expiration of the current registration

certificate.

Section 5. Additional duties of registrant.

Each person holding a registration certificate shall:

(1) Notify the Pennsylvania State Police of:

(i) The loss, theft or destruction of the

registration certificate or of a registered firearm

within 48 hours of the discovery of the loss, theft or

destruction.

(ii) A change in any of the information appearing on

the registration certificate within 48 hours.

(iii) The sale, transfer or other disposition of the

firearm not less than 48 hours prior to delivery.

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(2) Return to the Pennsylvania State Police the

registrant's copy of the registration certificate for a

firearm which is lost, stolen, destroyed or otherwise

disposed of within 48 hours.

(3) Keep a firearm in the registrant's possession

unloaded and disassembled or bound by a trigger lock, gun

safe or similar device unless the firearm is in the

registrant's immediate possession and control while at the

registrant's place of residence or business or while being

used for lawful recreational purposes within this

Commonwealth. This paragraph shall not apply to law

enforcement personnel or security personnel while in the

course of their employment.

Section 6. Application fee.

A nonrefundable fee of $10 per firearm shall accompany each

application for registration of a firearm and renewal of

registration of a firearm.

Section 7. Penalty.

A person who violates this act commits a summary offense.

Section 8. Regulations.

The Pennsylvania State Police shall promulgate rules and

regulations for the implementation of this act.

Section 9. Acquisition or possession prohibited by law.

Nothing in this act shall make lawful the acquisition or

possession of firearms or firearm accessories which is otherwise

prohibited by law.

Section 10. Effective date.

This act shall take effect in 180 days.

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