PRINTER'S NO. 2254
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1966
Session of
2021
INTRODUCED BY ZABEL, SANCHEZ, KIRKLAND, SCHLOSSBERG, HOHENSTEIN,
N. NELSON, D. WILLIAMS, McNEILL, FREEMAN, HANBIDGE, A. DAVIS,
DRISCOLL, ISAACSON, WEBSTER, SIMS, McCLINTON, MADDEN, O'MARA,
WARREN, SCHWEYER, HARRIS, STURLA, OTTEN, CIRESI, KRAJEWSKI,
FITZGERALD, GUENST, KINKEAD AND INNAMORATO, OCTOBER 12, 2021
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 12, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for firearm and firearm parts without
serial numbers.
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 a section to read:
§ 6110.3. Firearm and firearm parts without serial numbers.
(a) General Rule.--
(1) A person who sells any of the following, separately
or as part of a firearm kit, not imprinted with a serial
number registered with a Federal firearms licensee, commits a
felony of the second degree:
(i) A firearm frame or receiver;
(ii) A firearm muffler or silencer frame or
receiver;
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(iii) A split or modular firearm frame or receiver;
or
(iv) A partially complete, disassembled or
inoperable firearm frame or receiver.
(2) A person who, with the purpose to manufacture or
otherwise assemble a firearm and without being registered or
licensed to do so under 18 U.S.C. § 923(a) (relating to
licensing), purchases or otherwise obtains separately or as
part of a firearm kit any of the following which is not
imprinted with a serial number registered with a Federal
firearms licensee, commits a felony of the second degree:
(i) A firearm frame or receiver;
(ii) A firearm muffler or silencer frame or
receiver;
(iii) A split or modular firearm frame or receiver;
or
(iv) A partially complete, disassembled or
inoperable firearm frame or receiver.
(3) For the purposes of this section, the sale, purchase
or acquisition of a destroyed firearm frame or receiver shall
not constitute an offense.
(b) Privately made firearms.--
(1) A Federal firearm licensee shall:
(i) Regarding a privately made firearm which was
acquired prior to the effective date of this section and
which is still in the possession of the licensee, conduct
one of the following within 60 days of the effective date
of this section or prior to the date of disposition,
whichever is sooner:
(A) properly mark the firearm, unless already
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marked by another licensee;
(B) arrange to have another licensee properly
mark the firearm on their behalf; or
(C) destroy or surrender the firearm to law
enforcement.
(ii) Regarding a privately made firearm which is
acquired by a licensee after the effective date of this
section, conduct one of the following within seven days
following the date of receipt or other acquisition of the
firearm, including from a personal collection or before
the date of disposition, whichever is sooner:
(A) properly mark the firearm, unless already
marked by another licensee;
(B) arrange for another Federal firearms
licensee to properly mark the firearm; or
(C) destroy or surrender the firearm to law
enforcement.
(iii) Record privately made firearms in the Federal
firearms licensee's acquisition and disposition records,
whether or not kept overnight and update acquisition
entries with information marked on privately made
firearms.
(2) Federal firearms licensees who are dealers or
gunsmiths may not perform repairs, modify, embellish,
refurbish or install parts in or on firearms, firearm frames
or receivers or other firearm parts for or on behalf of a
licensed importer or licensed manufacturer.
(3) Federal firearms licensees shall have the right to
refuse to accept, purchase, properly mark, perform repairs,
modify, embellish, refurbish or install parts in or on any
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privately made firearms.
(4) For the purposes of this subsection, the term
"properly mark" shall mean the legible and conspicuous
identification of each frame or receiver of a firearm subject
to the identification procedures in 27 CFR 478.92 (relating
to identification of firearms and armor piercing ammunition
by licensed manufacturers and licensed importers).
(c) Exemption.--The provisions of subsection (a) shall not
apply to a Federal firearms licensee who:
(1) Purchases or otherwise obtains a firearm frame or
firearm receiver, uses the firearm frame or receiver in the
assembly of a firearm and places a serial number on the
completed firearm as required under subsection (b).
(2) Obtains a privately made firearm for the purpose of
marking described in subsection (b).
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Conspicuous." Identification markings that are capable of
being easily seen with normal handling of the firearm and
unobstructed by other markings when the complete firearm is
assembled.
"Destroyed firearm frame or receiver." A frame or receiver
that has been permanently altered not to provide housing or a
structure that may hold or integrate any fire control or
essential internal component, is not readily convertible and may
not readily be assembled, completed or restored to a functional
state. Acceptable methods of destruction include completely
melting, crushing or shredding the frame or receiver or
completely severing at least three critical areas of the frame
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or receiver using a cutting torch having a tip of sufficient
size to displace at least 1/4 inch of material at each location.
"Federal firearms licensee." A dealer, manufacturer or
importer who is licensed by the United States Bureau of Alcohol,
Tobacco, Firearms and Explosive to engage in the business of
manufacturing, importing or dealing in firearms.
"Fire control or essential internal component." A component
necessary for the firearm to initiate, complete or continue the
firing sequence, including a hammer, bolt, bolt carrier,
breechblock, cylinder, trigger mechanism, firing pin, striker or
slide rails.
"Firearm." Any weapon which is designed to or is readily
convertible to expel any projectile by the action of an
explosive or the frame or receiver of any weapon.
"Firearm frame or receiver." A part of a firearm that, when
assembled, is visible from the exterior and provides housing or
a structure designed to hold or integrate one or more fire
control components, including pins, a hammer, bolts, a bolt
carrier, breechblock, cylinder, trigger mechanism, firing pin,
striker, slide rail or other attachments that are required to
connect components to the housing or structure necessary for the
firearm to initiate, complete or continue a firing sequence.
"Firearm kit." Any collection of most or all of the
components, finished or unfinished, necessary to complete a
functional firearm within a short period of time. The term
includes jigs, templates, instructions, drill bits and tools
that allow the purchaser to complete the weapon to a functional
state with minimal effort, expertise or equipment.
"Firearm muffler or silencer frame or receiver." A part of
the firearm that, when the complete device is assembled, is
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visible from the exterior and provides housing or a structure,
including an outer tube or modular piece designed to hold or
integrate one or more essential internal components of the
device, including a baffle, baffling material or expansion
chamber.
"Legible." Identification markings that use exclusively
Roman letters and Arabic numerals, or solely Arabic numerals,
and may include a hyphen.
"Partially complete, disassembled or inoperable firearm frame
or receiver." A frame or receiver that has reached a stage in
manufacture where it may readily be completed, assembled or
restored to a functional state or is readily convertible to a
functional state. The term includes a forging, casting,
printing, extrusion, machined body or similar article that has
reached a stage in manufacture where it is clearly identifiable
as an unfinished component part of a weapon.
"Privately made firearm." A firearm or firearm frame or
receiver, assembled or otherwise produced by a person other than
a Federal firearms licensee that does not contain a serial
number or other identifying markings placed by a Federal
firearms licensee at the time the firearm was produced.
"Readily convertible." Any object that can be so converted
without any special skill on the part of the person converting
it and the work involved in converting it does not require
equipment or tools other than such as are in common use by
persons carrying out works of construction and maintenance in
their own homes.
"Split or modular firearm frame or receiver." A firearm with
more than one part that provides housing or a structure designed
to hold or integrate one or more fire control or essential
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internal components. The term shall include frames or receivers
of different weapons that are combined to create a similar
weapon with each retaining respective classifications as frames
or receivers provided the original design and configuration of
the frames or receivers remains unaltered.
Section 2. This act shall take effect in 60 days.
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