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03/29/2024 07:37 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=37603
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: August 5, 2022 10:55 AM
From: Representative Emily Kinkead
To: All House members
Subject: Permit to Purchase Firearms
 
In direct response to the devastating plague of gun violence that is ravaging all parts of our Commonwealth, I am introducing a bill requiring individuals to obtain a firearm eligibility license prior to purchasing a gun.
 
According to the John Hopkins Center on Gun Policy and Research, states with handgun purchaser licensing laws tend to have lower firearms-related death and trafficking rates than states without such laws. When Connecticut passed a licensing law, its firearm homicide rate decreased by 28% and its firearm suicide rate decreased by 33%. (Conversely, when Missouri repealed its handgun purchaser licensing law in 2007, firearm-related homicide rates in the state swiftly increased while remaining stable in neighboring states and nationally.) And lastly, states with licensing laws saw a 56% reduction in mass shootings and 76% lower rates of guns exported to criminals.
 
This bill would create a new firearm eligibility license under Title 18 (Crimes Code). To apply for this license, individuals would follow a similar process to the one currently used when applying for a concealed carry permit in PA: submitting a prescribed PA State Police form to the county Sheriff (of all non-Philadelphia counties) or, in Philadelphia, the Chief of Police.
 
To qualify for a license, an applicant will need to: 1) be 18 or older, 2) live in the Commonwealth, 3) complete a firearms safety course (or show proof of completing such a course within the three years prior to application), and 4) otherwise not prohibited by law from purchasing or possessing a firearm. Only individuals like police, members of the armed forces, and corrections officers would be exempt from these training course requirements. Prior to issuing a firearm to a buyer, the issuing body must conduct a review of the applicant’s criminal history, juvenile delinquency records, and mental health records, as well as an investigation as to whether the individual is otherwise precluded by law from owning a firearm. As a part of this review/investigation, each applicant’s fingerprints will be run through both the FBI and state databases.
Under this legislation, any individual denied a license is entitled to file an appeal by submitting a challenge to the Pennsylvania State Police within 30 days from the date of the denial.
The goal of this legislation is simple: to ensure that our communities are safe places for our children to grow. This legislation is a common-sense solution with a broad base of support -- in fact, the New England Journal of Medicine has reported that most American gun owners support going through law enforcement to receive a permit—and constitutional: a similar bill enacted in Maryland was upheld in federal court.
 
Please join me in co-sponsoring this important legislation to protect all Pennsylvanians.
 



Introduced as HB2775