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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 3449
PRINTER'S NO. 3501
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2344
Session of
2020
INTRODUCED BY PRIME SPONSOR WITHDREW, ZABEL, KINSEY, WILLIAMS,
WEBSTER, SANCHEZ, CIRESI, OTTEN, SCHLOSSBERG, KIM AND MADDEN,
MARCH 10, 2020
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions, for persons not
to possess, use, manufacture, control, sell or transfer
firearms, for sale or transfer of firearms, for Pennsylvania
State Police, for firearm sales surcharge, for Firearm
Records Check Fund, for retail dealer required to be licensed
and for licensing of dealers, providing for ammunition
purchase authorization permits, establishing the Ammunition
Safety and Enforcement Fund and providing for transporting
ammunition into this Commonwealth.
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 definitions 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
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section:
"Ammunition." A loaded cartridge with one or more
projectiles that consists of a primed case and propellant. The
term does not include blanks.
* * *
"Gun range or target facility." Any of the following:
(1) An enclosed or open air firing range or area
designed and operated for the use of rifle or handgun
practice with targets.
(2) A facility that permits the rental of firearms for
use on the facility's property and is authorized to operate
in such a manner by the governing body of the jurisdiction
where the facility is located.
* * *
"Other weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly lawful. The term
does not include a firearm.
* * *
Section 2. Section 6105 heading, (a), (c), (d), (f)(1) and
(h) of Title 18 are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms and ammunition.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b), within or without this
Commonwealth, regardless of the length of sentence or whose
conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer or
manufacture a firearm or ammunition in this Commonwealth.
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(2) (i) Except as otherwise provided in this paragraph,
a person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a
firearm or ammunition under paragraph (1) or subsection
(b) or (c) shall have a reasonable period of time, not to
exceed 60 days from the date of the imposition of the
disability under this subsection, in which to sell or
transfer that person's firearms or ammunition to another
eligible person who is not a member of the prohibited
person's household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)
(6).
(iii) A person whose disability is imposed pursuant
to subsection (c)(9) shall relinquish any firearms,
ammunition and firearm licenses under that person's
possession or control, as described in section 6105.2
(relating to relinquishment of firearms and firearm
licenses by convicted persons).
(iv) A person whose disability is imposed pursuant
to a protection from abuse order shall relinquish any
firearms, other weapons, ammunition and firearm licenses
under that person's possession or control, as described
in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
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paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms or ammunition after the third
conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active final
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protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
provided for the relinquishment of firearms, other weapons or
ammunition during the period of time the order is in effect
or is otherwise prohibited from possessing or acquiring a
firearm or ammunition under 18 U.S.C. § 922(g)(8). This
prohibition shall terminate upon the expiration or vacation
of the order or portion thereof relating to the
relinquishment of firearms, other weapons or ammunition.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm or ammunition under 18 U.S.C. § 922(g)
(9). If the offense which resulted in the prohibition under
18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C.
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§ 921(a)(33)(A)(ii) (relating to definitions), by a person in
any of the following relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) or a person whose conduct
meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for
relief from the disability imposed by this section upon the
possession, transfer or control of a firearm and ammunition. The
court shall grant such relief if it determines that any of the
following apply:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
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ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
subsection (b), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).
* * *
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4), the court may grant such relief as
it deems appropriate if the court determines that the
applicant may possess a firearm and ammunition without risk
to the applicant or any other person.
* * *
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm and ammunition under
this section shall not be eligible for or permitted to obtain a
license to carry a firearm under section 6109 (relating to
licenses).
* * *
Section 3. Section 6111 heading, (b) introductory paragraph,
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(1.1)(v) and (6), (c), (f), (g), (h)(1) and (j) of Title 18 are
amended and the section is amended by adding a subsection to
read:
§ 6111. Sale or transfer of firearms or ammunition.
* * *
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm or ammunition to another person, other than a licensed
importer, licensed manufacturer, licensed dealer [or], licensed
collector, gun range or target facility or, in the case of
ammunition, a person who purchases or receives the ammunition at
a gun range or target facility if the ammunition is kept within
the facility's premises at all times, 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 and
ammunition pursuant to section 6105 (relating to persons
not to possess, use, manufacture, control, sell or
transfer firearms and ammunition), no information on the
application/record of sale provided pursuant to this
subsection shall be retained as precluded by section
6111.4 (relating to registration of firearms) by the
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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.
* * *
(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 and ammunition
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.
* * *
(b.1) Remote ordering.--
(1) Except for the sale, delivery or transfer of
firearms by gun ranges or target facilities and as otherwise
provided in paragraph (2), the sale, delivery or transfer of
firearms or ammunition by a licensed importer, licensed
manufacturer or licensed dealer to a purchaser or transferee
other than another licensed importer, licensed manufacturer
or licensed dealer may only occur in a face-to-face
transaction with the licensed importer, licensed manufacturer
or licensed dealer being provided bona fide evidence of
identity from the purchaser or other transferee.
(2) Firearms or ammunition may be purchased over the
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Internet or through other means of remote ordering if a
licensed importer, licensed manufacturer or licensed dealer
in this Commonwealth initially receives the firearm or
ammunition and processes the transfer in compliance with this
section.
(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm or ammunition to another unlicensed person
shall do so only upon the place of business of a licensed
importer, manufacturer, dealer or county sheriff's office, the
latter of whom shall follow the procedure set forth in this
section as if he were the seller of the firearm or ammunition.
The provisions of this section shall not apply to transfers
between spouses or to transfers between a parent and child or to
transfers between grandparent and grandchild or to transfers
between siblings.
* * *
(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), (b.1)
and (c) shall only apply to [pistols or revolvers] a firearm
if the firearm is a pistol or revolver with a barrel length
of less than 15 inches, [any] a shotgun with a barrel length
of less than 18 inches, [any] a rifle with a barrel length of
less than 16 inches or [any] a firearm with an overall length
of less than 26 inches.
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(3) The provisions contained in subsection (a) 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
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 and ammunition 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.--
(1) Any person, licensed dealer, licensed manufacturer
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or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm or ammunition in violation of
this section commits a misdemeanor of the second degree.
(2) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm or ammunition under
circumstances intended to provide a firearm or ammunition to
any person, purchaser or transferee who is unqualified or
ineligible to control, possess or use a firearm or ammunition
under this chapter commits a felony of the third degree and
shall in addition be subject to revocation of the license to
sell firearms and ammunition for a period of three years.
(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 for any purpose
other than compliance with this chapter or knowingly and
intentionally disseminates any criminal history, juvenile
delinquency or mental health record or other confidential
information to any person other than the subject of the
information commits a felony of the third degree.
(3.1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally obtains
or furnishes information collected or maintained pursuant to
section 6109 for any purpose other than compliance with this
chapter or who knowingly or intentionally disseminates,
publishes or otherwise makes available such information to
any person other than the subject of the information commits
a felony of the third degree.
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(4) Any person, purchaser or transferee commits a felony
of the third degree if, in connection with the purchase,
delivery or transfer of a firearm or ammunition under this
chapter, he knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement,
including a statement on any form promulgated by Federal
or State agencies; or
(iii) willfully furnishes or exhibits any false
identification intended or likely to deceive the seller,
licensed dealer or licensed manufacturer.
(5) Notwithstanding section 306 (relating to liability
for conduct of another; complicity) or any other statute to
the contrary, any person, licensed importer, licensed dealer
or licensed manufacturer who knowingly and intentionally
sells, delivers or transfers a firearm or ammunition in
violation of this chapter who has reason to believe that the
firearm or ammunition is intended to be used in the
commission of a crime or attempt to commit a crime shall be
criminally liable for such crime or attempted crime.
(6) Notwithstanding any act or statute to the contrary,
any person, licensed importer, licensed manufacturer or
licensed dealer who knowingly and intentionally sells or
delivers a firearm or ammunition in violation of this chapter
who has reason to believe that the firearm or ammunition is
intended to be used in the commission of a crime or attempt
to commit a crime shall be liable in the amount of the civil
judgment for injuries suffered by any person so injured by
such crime or attempted crime.
(h) Subsequent violation penalty.--
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(1) A second or subsequent violation of this section
shall be a felony of the second degree. A person who at the
time of sentencing has been convicted of another offense
under this section shall be sentenced to a mandatory minimum
sentence of imprisonment of five years. A second or
subsequent offense shall also result in permanent revocation
of any license to sell, import or manufacture a firearm and
ammunition.
* * *
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not
apply to:
(i) sales between Federal firearms licensees; or
(ii) the purchase of firearms or ammunition 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 4. Sections 6111.1(b), (e)(1), (f)(1), (i) and
(j.3), 6111.2 heading and (a), 6111.3, 6112 and 6113(a) of Title
18 are amended 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
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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
potential purchaser or transferee is prohibited from
receipt or possession of a firearm or ammunition 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 or
ammunition 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 or ammunition) as
if an instantaneous records check has not been established
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for any sale or transfer of a firearm or ammunition 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
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.
(4) The Pennsylvania State Police and any local law
enforcement agency shall make all reasonable efforts to
determine the lawful owner of any firearm confiscated or
recovered by the Pennsylvania State Police or any local law
enforcement agency and return said firearm to its lawful
owner if the owner is not otherwise prohibited from
possessing the firearm. When a court of law has determined
that the Pennsylvania State Police or any local law
enforcement agency have failed to exercise the duty under
this subsection, reasonable attorney fees shall be awarded to
any lawful owner of said firearm who has sought judicial
enforcement of this subsection.
* * *
(e) Challenge to records.--
(1) Any person who is denied the right to receive, sell,
transfer, possess, carry, manufacture or purchase a firearm
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or ammunition as a result of the procedures established by
this section 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.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
(i) the identity of any individual who has been
adjudicated as an incompetent or as a mental defective or
who has been involuntarily committed to a mental
institution under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act, or
who has been involuntarily treated as described in
section 6105(c)(4) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms and
ammunition) or as described in 18 U.S.C. § 922(g)(4)
(relating to unlawful acts) and its implementing Federal
regulations; and
(ii) any finding of fact or court order related to
any person described in 18 U.S.C. § 922(g)(3).
* * *
(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:
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(1) number of firearm and ammunition sales, including
the types of firearms and ammunition, delineated in a
separate manner;
(2) number of applications for sale of firearms and
ammunition denied, number of challenges of the denials and
number of final reversals of initial denials, delineated in a
separate manner;
(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.3) Immunity.--The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm or ammunition by a purchaser or for the unlawful
transfer of a firearm or ammunition by a dealer unless the act
of the Pennsylvania State Police or its employees constitutes a
crime, actual fraud, actual malice or willful misconduct.
* * *
§ 6111.2. Firearm and ammunition sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm or ammunition 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 and Ammunition Sale Surcharge. All
moneys received from this surcharge shall be deposited in the
Firearm Instant Records Check Fund.
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* * *
§ 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] sale or transfer of firearms or
ammunition). 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 and ammunition sales surcharge) and moneys collected and
transferred under section 6111(b)(3).
§ 6112. Retail dealer required to be licensed.
No retail dealer shall sell, or otherwise transfer or expose
for sale or transfer, or have in his possession with intent to
sell or transfer, any ammunition or any firearm as defined in
section 6113(d) (relating to licensing of dealers) without being
licensed as provided in this chapter.
§ 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, ammunition, or both, direct to the consumer, subject
to the following conditions in addition to those specified in
section 6111 (relating to sale or transfer of firearms or
ammunition), for breach of any of which the license shall be
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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.
(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 or ammunition shall be sold in violation
of any provision of this subchapter.
(4) No firearm or ammunition 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 and all ammunition 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 or ammunition as those terms are 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 and ammunition shall be stored and
safeguarded pursuant to regulations to be established by the
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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.
* * *
Section 5. Title 18 is amended by adding sections to read:
§ 6121.1. Ammunition purchase authorization permits.
(a) Use.--A person holding an ammunition purchase
authorization permit issued under this section may purchase or
otherwise seek the transfer of ownership of ammunition from a
retailer that sells ammunition.
(b) Validity.--Except as provided under subsection (c), an
ammunition purchase authorization permit shall be valid for four
years from the date of issuance.
(c) Eligibility.--The Pennsylvania State Police shall issue
an ammunition purchase authorization permit to a person if all
of the following requirements are met:
(1) The person submits an application for an ammunition
purchase authorization permit as prescribed by the
Pennsylvania State Police.
(2) The person is 18 years of age or older.
(3) The person is not prohibited from acquiring or
possessing ammunition under Federal or State law.
(4) The person pays the fee as specified under
subsection (g).
(d) Approval process.--The following shall apply:
(1) Upon receipt of an application for an ammunition
purchase authorization permit, the Pennsylvania State Police
shall examine its records and the Pennsylvania Instant Check
System in order to determine if the applicant is prohibited
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from possessing or acquiring ammunition under Federal or
State law.
(2) The applicant shall be approved or denied within 30
days of the date of the submission of the application to the
department.
(3) If the Pennsylvania State Police is unable to make a
determination under paragraph (2) within 30 days, the
Pennsylvania State Police shall issue the ammunition purchase
authorization permit.
(4) The Pennsylvania State Police shall renew an
ammunition purchase authorization permit before its
expiration if the Pennsylvania State Police determines that
the holder is not prohibited from acquiring or possessing
ammunition under Federal or State law and pays the fee as
specified under subsection (g).
(e) Revocation.--The following shall apply:
(1) An ammunition purchase authorization permit shall be
revoked by the Pennsylvania State Police if the holder of the
ammunition purchase authorization permit commits an act that
would have disqualified the holder from being issued the
ammunition purchase authorization permit under this section.
(2) If an ammunition purchase authorization permit is
revoked under paragraph (1), the Pennsylvania State Police
shall, upon the written request of the holder and in a manner
as prescribed by the Pennsylvania State Police, provide the
holder with the reasons for the revocation and the process to
appeal the revocation.
(f) List.--The following shall apply:
(1) The Pennsylvania State Police shall create and
maintain an internal centralized list of all persons who
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hold an ammunition purchase authorization permit.
(2) The Pennsylvania State Police shall remove a person
from the list under paragraph (1) whose authorization has
been revoked by the Pennsylvania State Police under
subsection (e)(1).
(3) The Pennsylvania State Police shall provide access
to the list under paragraph (1) to the following:
(i) Retailers that sell or otherwise seek the
transfer of ownership of ammunition.
(ii) Law enforcement agencies for purposes of
enforcing the law.
(g) Fee.--The following shall apply:
(1) The Pennsylvania State Police may charge a fee not
to exceed $50 for the issuance or renewal of an ammunition
purchase authorization permit under this section. The fee
shall not be greater than the amount necessary to recover the
reasonable estimated costs to administer this section.
(2) The Pennsylvania State Police shall annually review
and may adjust the fee under paragraph (1) for inflation.
(h) Fund established.--The Ammunition Safety and Enforcement
Fund is established as a special fund within the State Treasury.
Revenue collected from the fee charged under subsection (g)
shall be deposited into the Ammunition Safety and Enforcement
Fund on a continuing basis for the purpose of administering
this section.
(i) Identification.--The ammunition purchase authorization
permit number shall be the same as the number on the document
presented by the applicant as bona fide evidence of identity.
(j) Regulations.-- The Pennsylvania State Police may
promulgate regulations necessary to implement the provisions of
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this section.
§ 6121.2. Transporting ammunition into this Commonwealth.
(a) Prohibition.--A resident of this Commonwealth may not
transport ammunition into this Commonwealth if the resident
purchased or otherwise obtained the ammunition from outside of
this Commonwealth and the ammunition has not been delivered to a
licensed importer, licensed manufacturer or licensed dealer in
this Commonwealth for delivery to the resident in accordance
with section 6121.1 (relating to ammunition purchase
authorization permits).
(b) Applicability.--This section shall not apply to a
licensed importer, licensed manufacturer, licensed dealer, law
enforcement agency or law enforcement officer, or a parent,
grandparent, spouse, sibling, child or grandchild of the
transferor.
Section 6. This act shall take effect July 1, 2020, or
immediately, whichever is later.
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