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                                                       PRINTER'S NO. 807

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 738 Session of 2007


        INTRODUCED BY PIPPY, LOGAN, WONDERLING, LAVALLE, WAUGH, FOLMER,
           ORIE, BROWNE, BOSCOLA, MADIGAN AND EICHELBERGER,
           APRIL 9, 2007

        REFERRED TO JUDICIARY, APRIL 9, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of unlawful
     3     firearm records; and prescribing a penalty.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 6143.  Unlawful firearm records.
     9     (a)  Prohibition.--Except as otherwise provided under
    10  subsection (b), no State governmental agency or political
    11  subdivision or official, agent or employee thereof or any other
    12  person, public or private, may knowingly and willfully keep or
    13  cause to be kept any list, database, record or registry of
    14  privately owned firearms or any list, database, record or
    15  registry of the owners of those firearms.
    16     (b)  Exceptions.--Subsection (a) shall not apply to any of
    17  the following:
    18         (1)  Records of firearms that have been used in

     1     committing a crime.
     2         (2)  Records relating to a person who has been convicted
     3     of a crime.
     4         (3)  Records of firearms that have been reported stolen.
     5     These records may be retained for a period not in excess of
     6     ten days after such firearms are recovered and any criminal
     7     prosecution related to the stolen firearms has ended,
     8     including any period during which an appeal may be filed.
     9     Official documentation recording the theft of a recovered
    10     weapon may be maintained no longer than the balance of the
    11     year entered, plus two years.
    12         (4)  Firearm records that are required to be retained by
    13     firearms dealers under Federal law, including copies of such
    14     records transmitted to law enforcement agencies, provided
    15     that no State governmental agency or political subdivision or
    16     official, agent or employee thereof or any other person,
    17     private or public, may accumulate, compile, computerize or
    18     otherwise collect or convert such written records into any
    19     form of list, registry or database for any purpose.
    20         (5)  Records kept by the Pennsylvania State Police to the
    21     extent required by Federal law and a log of dates of requests
    22     for criminal history record checks, unique approval and
    23     nonapproval numbers, license identification numbers and
    24     transaction numbers corresponding to such dates.
    25         (6)  Records of an insurer that, as a condition to
    26     providing insurance against theft or loss of a firearm,
    27     identify such firearm, provided that the records are not
    28     sold, commingled with records relating to other firearms or
    29     transferred to any other person or entity and that the
    30     insurer does not keep a record of the firearm more than 60
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     1     days after the policy of insurance expires or after
     2     notification by the insured that the insured is no longer the
     3     owner of the firearm unless part of an ongoing claim.
     4         (7)  Lists of customers of a firearm dealer retained by
     5     the dealer, provided that the lists do not disclose the
     6     particular firearms purchased, and lists, or any parts
     7     thereof, are not sold, commingled with records relating to
     8     other firearms or transferred to any other person or entity.
     9         (8)  Sales receipts retained by the seller of firearms or
    10     by a person providing credit for the purchase, provided that
    11     the receipts do not serve as or are used for the creation of
    12     a database for registration of firearms.
    13         (9)  Personal records of firearms maintained by the owner
    14     of the firearms or at the request of the owner of the
    15     firearms.
    16         (10)  Records maintained by a business that stores or
    17     acts as the selling agent of firearms on behalf of the lawful
    18     owner of the firearms.
    19         (11)  Membership lists of organizations comprised of
    20     owners of firearms.
    21         (12)  Records maintained by an employer or contracting
    22     entity of the firearms owned by its officers, employees or
    23     agents, if the firearms are used in the course of business
    24     performed on behalf of the employer or contracting entity.
    25         (13)  Records of firearms involved in criminal
    26     investigations, criminal prosecutions, criminal appeals and
    27     postconviction motions, civil proceedings relating to the
    28     surrender or seizure of firearms, including protection orders
    29     and sheriff executions, and voluntary surrender by the owner
    30     or custodian of the firearm.
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     1         (14)  Paper documents relating to firearms involved in
     2     criminal cases, criminal investigations and criminal
     3     prosecutions, civil proceedings relating to the surrender or
     4     seizure of firearms, including protection orders and sheriff
     5     executions, and voluntary surrender by the owner or custodian
     6     of the firearm.
     7         (15)  Noncriminal records relating to the receipt,
     8     storage or return of firearms, including, but not limited to,
     9     records relating to firearms impounded for storage or
    10     safekeeping, receipts proving that a firearm was returned to
    11     its lawful owner and supporting records of identification and
    12     proof of ownership, or records relating to firearms impounded
    13     pursuant to sheriff execution or court orders, provided that
    14     the records are not compiled, sorted or otherwise arranged
    15     into any lists, indexes or registries of firearms or owners
    16     of firearms.
    17     (c)  Penalties.--A person who violates this section commits a
    18  felony of the third degree.
    19     (d)  No expenditure of State funds to defend.--
    20         (1)  Except as otherwise provided under paragraph (2) and
    21     the sixth amendment to the Constitution of the United States,
    22     no public funds shall be used to defend the unlawful conduct
    23     of any person charged with a violation of this section,
    24     unless the charges against the person are dismissed or the
    25     person is determined to be not guilty at trial.
    26         (2)  Public funds may be expended to provide the services
    27     of a public defender or court-appointed attorney.
    28     (e)  Fines.--
    29         (1)  The governmental entity, or the designee of such
    30     governmental entity, in whose service or employ a list,
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     1     record or registry was compiled in violation of this section
     2     may be assessed a fine of not more than $5,000,000, if the
     3     court determines that the evidence shows that the list,
     4     database, record or registry was compiled or maintained with
     5     the knowledge or complicity of the management of the
     6     governmental entity.
     7         (2)  The Attorney General may bring a civil cause of
     8     action to enforce the fines assessed under this subsection.
     9     (f)  Prosecution.--The district attorney in the appropriate
    10  jurisdiction shall investigate complaints of criminal violations
    11  of this section and, where evidence indicates a violation may
    12  have occurred, shall prosecute violators.
    13     (g)  Construction.--This section shall be construed to
    14  effectuate its remedial and deterrent purposes. This section may
    15  not be construed to grant any substantive, procedural privacy
    16  right or civil claim to any criminal defendant, and a violation
    17  of this section may not be grounds for the suppression of
    18  evidence in any criminal case.
    19     (h)  Destruction of existing records.--A list, database,
    20  record or registry of firearms maintained or under construction
    21  on the effective date of this section shall be destroyed, unless
    22  prohibited by law, within 60 days after the effective date of
    23  this section. After that 60-day time period, the failure to
    24  destroy such list, database, record or registry may result in
    25  prosecution under this section.
    26     (i)  Confidentiality.--Information retained in compliance
    27  with subsection (b)(3), (4), (5), (12), (13), (14) and (15)
    28  shall not be subject to public access under the act of June 21,
    29  1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
    30     (j)  Definitions.--As used in this section, the following
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     1  words and phrases shall have the meanings given to them in this
     2  subsection:
     3     "Firearm."  Any weapon which is designed to or may readily be
     4  converted to expel any projectile by the action of an explosive
     5  or the frame or receiver of such weapon.
     6     Section 2.  This act shall take effect in 60 days.
















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