THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GABLER, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CUTLER, DENLINGER, DeWEESE, EVERETT, GEIST, GROVE, HARHART, HARRIS, HEFFLEY, HELM, HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK, MAJOR, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, PEIFER, PICKETT, PYLE, RAPP, READSHAW, ROAE, ROCK, STABACK, STEVENSON AND WHITE, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for duties of

Pennsylvania State Police.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6111.1(b)(2) of Title 18 of the

Pennsylvania Consolidated Statutes is amended and the subsection

is amended by adding paragraphs to read:

§ 6111.1.  Pennsylvania State Police.

* * *

(b)  Duty of Pennsylvania State Police.--

* * *

(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.] The Pennsylvania State Police shall

immediately post on their Internet website the cause of the

failure or similar event and an approximate time frame for

restoration of the instantaneous records check system.

(2.1)  A licensee may complete a transaction absent the

completion of an instantaneous records check if there is a

failure or similar event and either of the following applies:

(i)  The purchaser presents a valid Pennsylvania

license to carry a firearm.

(ii)  The failure or similar event lasts for a period

exceeding 48 hours.

(2.2)  A licensee shall, for any transaction under

paragraph (2.1) during a failure or similar event, obtain a

completed application/record of sale following 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.

* * *

Section 2.  This act shall take effect in 60 days.