THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY HUGHES, STACK, KITCHEN, WASHINGTON AND FONTANA, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for sale or transfer

of firearms, for duties of the Pennsylvania State Police and

for altering or obliterating marks of identification; and

providing for destruction of confiscated or recovered

firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6111(c) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6111.  Sale or transfer of firearms.

* * *

(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 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. 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. Nothing in this subsection shall be construed to

authorize the Pennsylvania State Police or any local law

enforcement agency to sell or transfer any confiscated firearm

in the possession of the Pennsylvania State Police or local law

enforcement agency.

* * *

Section 2.  Section 6111.1(b) of Title 18, amended October

17, 2008 (P.L.1682, No.131), is 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

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 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

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) as if an

instantaneous records check has not been established for any

sale or transfer of a firearm 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. If the reasonable efforts of the

Pennsylvania State Police and the local law enforcement

agency fail to identify the lawful owner of the confiscated

or recovered firearm within 120 days after the Pennsylvania

State Police or local law enforcement agency comes into

possession of the firearm, or if the lawful owner of the

firearm is identified but otherwise prohibited from

possessing the firearm, the Pennsylvania State Police or

local law enforcement agency shall destroy the firearm under

section 6117.1 (relating to destruction of confiscated or

recovered firearms). 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.

* * *

Section 3.  Section 6117 of Title 18 is amended by adding a

subsection to read:

§ 6117.  Altering or obliterating marks of identification.

* * *

(e)  Nonapplicability.--This section shall not apply to a

firearm destroyed under section 6117.1 (relating to destruction

of confiscated or recovered firearms).

Section 4.  Title 18 is amended by adding a section to read:

§ 6117.1.  Destruction of confiscated or recovered firearms.

(a)  General rule.--Notwithstanding any other provision of

law to the contrary, the Pennsylvania State Police or a local

law enforcement agency shall destroy all confiscated or

recovered firearms in its possession if the reasonable efforts

of the Pennsylvania State Police and the local law enforcement

agency required under section 6111.1(b)(4) (relating to

Pennsylvania State Police) fail to identify the lawful owner of

the firearm or if the lawful owner of the firearm is identified

but otherwise prohibited from possessing the firearm.

(b)  Exception.--No confiscated or recovered firearm shall be

destroyed under this section if the firearm is evidence in an

ongoing investigation or in a criminal prosecution or civil

litigation. Confiscated or recovered firearms under this

subsection shall only be destroyed when the investigation is

complete or a court of competent jurisdiction issues an order

authorizing the destruction of the firearm.

(c)  Method of destruction.--Confiscated or recovered

firearms subject to destruction under this section shall be

melted at smelting plants located within this Commonwealth.

(d)  Procedure prior to destruction.--The following shall

apply to confiscated or recovered firearms subject to

destruction under this section:

(1)  The Pennsylvania State Police and each local law

enforcement agency shall place all firearms in sealed

containers and in a secure environment with access limited to

individuals directly responsible for maintaining the official

registry under paragraph (2).

(2)  The Pennsylvania State Police or each local law

enforcement agency shall establish a registry for purposes of

cataloging all confiscated or recovered firearms in its

possession. The Pennsylvania State Police and each local law

enforcement agency shall designate one or more individuals

who shall be responsible for maintaining the registry.

(3)  Each firearm shall be individually cataloged in the

official registry required under paragraph (2). The registry

shall contain the following information relating to the

firearm:

(i)  The serial number of the firearm.

(ii)  The make and model of the firearm.

(iii)  The date the firearm came into the possession

of the Pennsylvania State Police or the local law

enforcement agency.

(iv)  The earliest date on which the firearm can be

destroyed under this section.

(v)  The date the lawful owner of the confiscated

firearm was identified and the date the firearm was

returned to the lawful owner, if applicable.

(vi)  The date the firearm was destroyed.

(4)  Firearms subject to destruction shall be transported

in sealed containers.

(e)  Time period for destruction.--Except as otherwise

provided in this subsection, firearms subject to destruction

under this section shall be destroyed as promptly as possible

but no less than quarterly. The Pennsylvania State Police or

each local law enforcement agency may maintain confiscated or

recovered firearms in its possession until it has accumulated a

sufficient number of firearms to defray the costs associated

with this section, provided that each firearm subject to

destruction under this section shall be destroyed no later than

180 days after it comes into the possession of the Pennsylvania

State Police or a local law enforcement agency.

Section 5.  This act shall take effect in 60 days.