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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: January 22, 2019 11:41 AM
From: Senator Vincent J. Hughes
To: All Senate members
Subject: Imposing Strict Liability on Sales or Transfers of Firearms in Violation of the Uniformed Firearms Act
In the near future, I will be reintroducing Senate Bill 118 from the 2017-18 session. This legislation amends the Uniform Firearms Act ("UFA") to impose strict civil and criminal liability on any person, licensed importer, licensed dealer or licensed manufacturer who knowingly and intentionally sells, delivers or transfers a firearm in violation of the UFA if that gun is subsequently used in a crime or attempted crime. Current law imposes liability only where the seller has "reason to believe" the firearm will be used in a crime or attempted crime.

The UFA was designed to strictly regulate firearm sales and other transfers. Imposing strict civil and criminal liability on persons who sell, or transfer firearms is a strong incentive to ensure these individuals comply with the act. Additionally, this language may provide another useful tool for law enforcement to prosecute those who are selling guns illegally and provide another source of recovery of civil damages for a victim of gun crime.

Please join me in sponsoring this legislation. If you have any questions, please contact my Chief Counsel, Michael Deery, at Michael.Deery@pasenate.com or at 717-787-7112.

Introduced as SB197