Regular Session 2019-2020 House Bill 1748 P.N. 2339

PRINTER'S NO. 2339

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1748

Session of

2019

INTRODUCED BY DRISCOLL, WARREN, DONATUCCI, McNEILL, T. DAVIS,

RABB, YOUNGBLOOD, SCHLOSSBERG, KINSEY, JOHNSON-HARRELL,

CIRESI, FRANKEL, FREEMAN, McCLINTON, CONKLIN, MADDEN AND

SANCHEZ, AUGUST 16, 2019

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 16, 2019

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, providing for serial numbers for homemade firearms

and for the offense of possession of do-it-yourself

semiautomatic weapons prohibited; and, in trade and commerce,

providing for the offense of unlawful advertising of do-it-

yourself semiautomatic weapons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding sections to read:

§ 6117.1. Serial numbers for homemade firearms.

(a) Manufacturing or assembly requirements.--Beginning July

1, 2020, prior to the manufacture or assembly of a firearm in

this Commonwealth, the following shall apply:

(1) A person manufacturing or assembling a firearm shall

request a licensed dealer to issue a unique serial number or

other identifying mark for the firearm describing the firearm

involved and whether the firearm is or will be a handgun.

(2) Within 10 days of the manufacture or assembly of a

firearm in accordance with paragraph (1), the unique serial

number or other mark of identification provided by the

licensed dealer shall be engraved or permanently affixed to

the firearm in a manner that meets or exceeds the

requirements imposed on licensed importers and licensed

manufacturers of firearms under 18 U.S.C. § 923(i) (relating

to licensing).

(3) If the firearm is manufactured or assembled from

polymer plastic, 3.7 ounces of material type 17-4 PH

stainless steel shall be embedded within the plastic on

fabrication or construction with the unique serial number

engraved or otherwise permanently affixed in a manner that

meets or exceeds the requirements imposed on licensed

importers and licensed manufacturers of firearms under 18

U.S.C. § 923(i).

(4) Within 48 hours after the serial number provided by

the licensed dealer is engraved or otherwise permanently

affixed to the firearm under paragraph (3), the person shall

notify the licensed dealer that the requirement has been

satisfied with sufficient information to identify the owner

of the firearm, the unique serial number or mark of

identification provided by the licensed dealer and the

firearm.

(b) Additional requirements.--By January 1, 2021, any person

who, as of July 1, 2020, owns a firearm that does not bear a

serial number assigned to the firearm under this section or 18

U.S.C. Ch. 44 (relating to firearms) shall:

(1) Apply to a licensed dealer for a unique serial

number or other mark of identification.

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(2) Within 10 days of receiving a unique serial number

or other mark of identification from the licensed dealer, the

unique serial number or other mark of identification provided

by the licensed dealer shall be engraved or permanently

affixed to the firearm in a manner that meets or exceeds the

requirements imposed on licensed importers and licensed

manufacturers of firearms under 18 U.S.C. § 923(i).

(3) Within 48 hours after the serial number provided by

the licensed dealer is engraved or otherwise permanently

affixed to the firearm under paragraph (2), the person shall

notify the licensed dealer of that fact with sufficient

information to identify the owner of the firearm, the unique

serial number or mark of identification provided by the

licensed dealer and the firearm.

new resident to this Commonwealth shall apply for a unique

serial number or other mark of identification under this section

within 60 days of arrival for any firearm the resident wishes to

possess in this Commonwealth that the resident previously

manufactured or assembled or a firearm the resident owns that

does not have a unique serial number or other mark of

identification.

(d) Restriction on sale, transfer or possession.--A person

who is not a licensed manufacturer shall not sell, transfer or

possess a firearm manufactured or assembled under this section

unless:

(1) except as provided in subsection (e), a serial

number and identifying mark for the firearm has been issued

under this section;

(2) within 10 days after the issuance, the serial number

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and identifying mark is stamped on or otherwise permanently

affixed to the firearm;

(3) if the firearm is made from polymer plastic, 3.7

ounces of material type 17-4 PH stainless steel, on which the

unique serial number or identifying mark is stamped or

otherwise permanently affixed, are embedded within the

plastic; and

(4) Within 48 hours after the serial number provided by

the licensed dealer is engraved or otherwise permanently

affixed to the firearm under paragraph (3), the person shall

notify the licensed dealer that the requirement has been

satisfied with sufficient information to identify the owner

of the firearm, the unique serial number or mark of

identification provided by the licensed dealer and the

firearm.

(e) Exception.--Subsection (d)(1) shall not apply to the

transfer, surrender or sale of a firearm to a law enforcement

agency. Any firearms confiscated by law enforcement that do not

bear an engraved serial number or other mark of identification

under this section, or a firearm surrendered, transferred or

sold to a law enforcement agency under this subsection, shall be

destroyed.

(f) Penalty.--A person who violates this section commits a

felony of the second degree.

(g) Treatment as transfer of firearm.--A request made of a

licensed dealer under subsection (a), (b) or (c) with respect to

a firearm shall be treated as a proposed transfer of the firearm

from the licensed dealer to the applicant for purposes of 18

U.S.C. § 922(t) (relating to unlawful acts) and section 103 of

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

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107 Stat. 1536), except that the Firearms Transaction Record

involved shall indicate that what is being transferred is a

serial number and not a firearm.

(h) Fee for each serial number.--A licensed dealer may

charge:

(1) an applicant a fee for each serial number and

identifying mark assigned and issued under this section in an

amount that is not more than the actual costs associated with

assigning and issuing the serial number and identifying mark;

and

(2) a fee for contacting the National Instant Criminal

Background Check System with respect to the applicant.

§ 6121.1. Possession of do-it-yourself semiautomatic weapons

prohibited.

(a) Offense defined.--It is unlawful for any person to

possess, use, control, sell, deliver, transfer or manufacture

the following:

(1) A firearm receiver casting or firearm receiver blank

or unfinished handgun frame that:

(i) at the point of sale does not meet the

definition of a firearm in 18 U.S.C. § 921(a) (relating

to definitions); and

(ii) after purchase by a consumer, can be completed

by the consumer to the point at which the casting or

blank functions as a firearm frame or receiver for a

semiautomatic weapon or machine gun or the frame of a

handgun.

(2) A semiautomatic weapon parts kit.

(3) A machine gun parts kit.

(b) Grading.--An offense under this section constitutes a

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felony of the third degree.

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

subsection unless the context clearly indicates otherwise:

"Machine gun." As defined in section 5845(b) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

"Machine gun parts kit." Any part or combination of parts

designed and intended to enable a consumer who possesses all

necessary parts to assemble a machine gun or convert a firearm

into a machine gun.

"Semiautomatic pistol." Any repeating pistol that utilizes a

portion of the energy of a firing cartridge to extract the fixed

cartridge case and chamber the next round and requires a

separate pull of the trigger to fire each cartridge.

"Semiautomatic rifle." As defined in 18 U.S.C. § 921(a)(28).

"Semiautomatic shotgun." Any repeating shotgun that utilizes

a portion of the energy of a firing cartridge to extract the

fixed cartridge case and chamber the next round and requires a

separate pull of a trigger to fire each cartridge.

"Semiautomatic weapon." The following:

(1) a semiautomatic rifle or semiautomatic shotgun that

has the capacity to accept a detachable ammunition-feeding

device; or

(2) a semiautomatic pistol that has:

(i) the capacity to accept a detachable ammunition-

feeding device; and

(ii) any of the following features:

(A) an ammunition magazine that attaches to the

pistol outside of the pistol grip;

(B) a threaded barrel capable of accepting a

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barrel extender, flash suppressor, forward hand grip

or silencer unless licensed to do so;

completely encircles the barrel and that permits the

shooter to hold the firearm with the nontrigger hand

without being burned;

(D) a second hand grip;

(E) a manufactured weight of 50 ounces or more

when the pistol is unloaded; or

(F) a semiautomatic version of an automatic

firearm.

"Semiautomatic weapon parts kit." Any part or combination of

parts designed and intended to enable a consumer who possesses

all necessary parts to assemble a semiautomatic weapon.

§ 7332. Unlawful advertising of do-it-yourself semiautomatic

weapons.

(a) Offense defined.--It is unlawful to market or advertise,

on any medium of electronic communications, including over the

Internet, for the sale of any of the following:

(1) A firearm receiver casting or firearm receiver blank

or unfinished handgun frame that:

(i) at the point of sale does not meet the

definition of a firearm in 18 U.S.C. § 921(a) (relating

to definitions); and

(ii) After purchase by a consumer, can be completed

by the consumer to the point at which the casting or

blank functions as a firearm frame or receiver for a

semiautomatic weapon or machine gun or the frame of a

handgun.

(2) A semiautomatic weapon parts kit.

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(3) A machine gun parts kit.

(b) Grading.--An offense under this section constitutes a

misdemeanor of the second degree.

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

subsection unless the context clearly indicates otherwise:

"Machine gun." As defined in section 5845(b) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

"Machine gun parts kit." Any part or combination of parts

designed and intended to enable a consumer who possesses all

necessary parts to assemble a machine gun or convert a firearm

into a machine gun.

"Semiautomatic pistol." Any repeating pistol that utilizes a

portion of the energy of a firing cartridge to extract the fixed

cartridge case and chamber the next round and requires a

separate pull of the trigger to fire each cartridge.

"Semiautomatic rifle." As defined in 18 U.S.C. § 921(a)(28).

"Semiautomatic shotgun." Any repeating shotgun that utilizes

a portion of the energy of a firing cartridge to extract the

fixed cartridge case and chamber the next round and requires a

separate pull of a trigger to fire each cartridge.

"Semiautomatic weapon." The following:

(1) a semiautomatic rifle or semiautomatic shotgun that

has the capacity to accept a detachable ammunition-feeding

device; or

(2) a semiautomatic pistol that has:

(i) the capacity to accept a detachable ammunition-

feeding device; and

(ii) any of the following features:

(A) an ammunition magazine that attaches to the

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pistol outside of the pistol grip;

(B) a threaded barrel capable of accepting a

barrel extender, flash suppressor, forward hand grip

or silencer unless licensed to do so;

or completely encircles, the barrel and that permits

the shooter to hold the firearm with the nontrigger

hand without being burned;

(D) a second hand grip;

(E) a manufactured weight of 50 ounces or more

when the pistol is unloaded; or

(F) a semiautomatic version of an automatic

firearm.

"Semiautomatic weapon parts kit." Any part or combination of

parts designed and intended to enable a consumer who possesses

all necessary parts to assemble a semiautomatic weapon.

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

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