AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for definitions, for licenses, 
4for sale or transfer of firearms, for Pennsylvania State 
5Police, for firearm sales surcharge, for the Firearm Records 
6Check Fund, for licensing of dealers, for administrative 
7regulations and for the Firearms Background Check Advisory 
8Committee.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 6102 of Title 18 of the Pennsylvania
12Consolidated Statutes is amended by adding a definition to read:

13§ 6102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this subchapter which are applicable to specific
16provisions of this subchapter, the following words and phrases,
17when used in this subchapter shall have, unless the context
18clearly indicates otherwise, the meanings given to them in this

1section:

2* * *

3"NICS." The National Instant Criminal Background Check
4System maintained by the Federal Bureau of Investigation in
5accordance with the Brady Handgun Violence Prevention Act
6(Public Law 103-159, 107 Stat. 1536).

7 * * *

8Section 2. Sections 6109(d)(5) and 6111(a), (b), (f), (g)(3)
9and (j) of Title 18 are amended to read:

10§ 6109. Licenses.

11* * *

12(d) Sheriff to conduct investigation.--The sheriff to whom
13the application is made shall:

14* * *

15(5) [conduct a criminal background, juvenile delinquency
16and mental health check following the procedures set forth in
17section 6111 (relating to sale or transfer of firearms),
18receive a unique approval number for that inquiry and record
19the date and number on the application] contact the NICS and 
20comply with the requirements of 18 U.S.C. § 922(t) (relating 
21to unlawful acts).

22* * *

23§ 6111. Sale or transfer of firearms.

24[(a) Time and manner of delivery.--

25(1) Except as provided in paragraph (2), no seller shall
26deliver a firearm to the purchaser or transferee thereof
27until 48 hours shall have elapsed from the time of the
28application for the purchase thereof, and, when delivered,
29the firearm shall be securely wrapped and shall be unloaded.

30(2) Thirty days after publication in the Pennsylvania

1Bulletin that the Instantaneous Criminal History Records
2Check System has been established in accordance with the
3Brady Handgun Violence Prevention Act (Public Law 103-159, 18
4U.S.C. § 921 et seq.), no seller shall deliver a firearm to
5the purchaser thereof until the provisions of this section
6have been satisfied, and, when delivered, the firearm shall
7be securely wrapped and shall be unloaded.]

8(b) Duty of seller.--No licensed importer, licensed
9manufacturer or licensed dealer shall sell or deliver any
10firearm to another person, other than a licensed importer,
11licensed manufacturer, licensed dealer or licensed collector,
12[until the conditions of subsection (a) have been satisfied and]
13until he has:

14[(1) For purposes of a firearm as defined in section
156102 (relating to definitions), obtained a completed
16application/record of sale from the potential buyer or
17transferee to be filled out in triplicate, the original copy
18to be sent to the Pennsylvania State Police, postmarked via
19first class mail, within 14 days of the sale, one copy to be
20retained by the licensed importer, licensed manufacturer or
21licensed dealer for a period of 20 years and one copy to be
22provided to the purchaser or transferee. The form of this
23application/record of sale shall be no more than one page in
24length and shall be promulgated by the Pennsylvania State
25Police and provided by the licensed importer, licensed
26manufacturer or licensed dealer. The application/record of
27sale shall include the name, address, birthdate, gender,
28race, physical description and Social Security number of the
29purchaser or transferee, the date of the application and the
30caliber, length of barrel, make, model and manufacturer's

1number of the firearm to be purchased or transferred. The
2application/record of sale shall also contain the following
3question:

4Are you the actual buyer of the firearm(s), as defined
5under 18 Pa.C.S. § 6102 (relating to definitions), listed
6on this application/record of sale? Warning: You are not
7the actual buyer if you are acquiring the firearm(s) on
8behalf of another person, unless you are legitimately
9acquiring the firearm as a gift for any of the following
10individuals who are legally eligible to own a firearm:

11(1) spouse;

12(2) parent;

13(3) child;

14(4) grandparent; or

15(5) grandchild.

16(1.1) On the date of publication in the Pennsylvania
17Bulletin of a notice by the Pennsylvania State Police that
18the instantaneous records check has been implemented, all of
19the following shall apply:

20(i) In the event of an electronic failure under
21section 6111.1(b)(2) (relating to Pennsylvania State
22Police) for purposes of a firearm which exceeds the
23barrel and related lengths set forth in section 6102,
24obtained a completed application/record of sale from the
25potential buyer or transferee to be filled out in
26triplicate, the original copy to be sent to the
27Pennsylvania State Police, postmarked via first class
28mail, within 14 days of sale, one copy to be retained by
29the licensed importer, licensed manufacturer or licensed
30dealer for a period of 20 years and one copy to be

1provided to the purchaser or transferee.

2(ii) The form of the application/record of sale
3shall be no more than one page in length and shall be
4promulgated by the Pennsylvania State Police and provided
5by the licensed importer, licensed manufacturer or
6licensed dealer.

7(iii) For purposes of conducting the criminal
8history, juvenile delinquency and mental health records
9background check which shall be completed within ten days
10of receipt of the information from the dealer, the
11application/record of sale shall include the name,
12address, birthdate, gender, race, physical description
13and Social Security number of the purchaser or transferee
14and the date of application.

15(iv) No information regarding the type of firearm
16need be included other than an indication that the
17firearm exceeds the barrel lengths set forth in section
186102.

19(v) Unless it has been discovered pursuant to a
20criminal history, juvenile delinquency and mental health
21records background check that the potential purchaser or
22transferee is prohibited from possessing a firearm
23pursuant to section 6105 (relating to persons not to
24possess, use, manufacture, control, sell or transfer
25firearms), no information on the application/record of
26sale provided pursuant to this subsection shall be
27retained as precluded by section 6111.4 (relating to
28registration of firearms) by the Pennsylvania State
29Police either through retention of the application/record
30of sale or by entering the information onto a computer,

1and, further, an application/record of sale received by
2the Pennsylvania State Police pursuant to this subsection
3shall be destroyed within 72 hours of the completion of
4the criminal history, juvenile delinquency and mental
5health records background check.

6(1.2) Fees collected under paragraph (3) and section
76111.2 (relating to firearm sales surcharge) shall be
8transmitted to the Pennsylvania State Police within 14 days
9of collection.]

10(1) (Reserved).

11(1.1) (Reserved).

12(1.2) (Reserved).

13(1.3) In addition to the criminal penalty under section
146119 (relating to violation penalty), any person who
15knowingly and intentionally [maintains or fails to destroy
16any information submitted to the Pennsylvania State Police
17for purposes of a background check pursuant to paragraphs
18(1.1) and (1.4) or] violates section 6111.4 shall be subject
19to a civil penalty of $250 per violation. [, entry or failure
20to destroy.

21(1.4) Following implementation of the instantaneous
22records check by the Pennsylvania State Police on or before
23December 1, 1998, no application/record of sale shall be
24completed for the purchase or transfer of a firearm which
25exceeds the barrel lengths set forth in section 6102. A
26statement shall be submitted by the dealer to the
27Pennsylvania State Police, postmarked via first class mail,
28within 14 days of the sale, containing the number of firearms
29sold which exceed the barrel and related lengths set forth in
30section 6102, the amount of surcharge and other fees remitted

1and a list of the unique approval numbers given pursuant to
2paragraph (4), together with a statement that the background
3checks have been performed on the firearms contained in the
4statement. The form of the statement relating to performance
5of background checks shall be promulgated by the Pennsylvania
6State Police.]

7(1.5) Contacted the NICS and complied with the
8requirements of 18 U.S.C. § 922(t) (relating to unlawful
9acts).

10(2) Inspected photoidentification of the potential
11purchaser or transferee, including, but not limited to, a
12driver's license, official Pennsylvania photoidentification
13card or official government photoidentification card. In the
14case of a potential buyer or transferee who is a member of a
15recognized religious sect or community whose tenets forbid or
16discourage the taking of photographs of members of that sect
17or community, a seller shall accept a valid-without-photo
18driver's license or a combination of documents, as prescribed
19by the Pennsylvania State Police, containing the applicant's
20name, address, date of birth and the signature of the
21applicant.

22[(3) Requested by means of a telephone call that the
23Pennsylvania State Police conduct a criminal history,
24juvenile delinquency history and a mental health record
25check. The purchaser and the licensed dealer shall provide
26such information as is necessary to accurately identify the
27purchaser. The requester shall be charged a fee equivalent to
28the cost of providing the service but not to exceed $2 per
29buyer or transferee.

30(4) Received a unique approval number for that inquiry

1from the Pennsylvania State Police and recorded the date and
2the number on the application/record of sale form.

3(5) Issued a receipt containing the information from
4paragraph (4), including the unique approval number of the
5purchaser. This receipt shall be prima facie evidence of the
6purchaser's or transferee's compliance with the provisions of
7this section.

8(6) Unless it has been discovered pursuant to a criminal
9history, juvenile delinquency and mental health records
10background check that the potential purchaser or transferee
11is prohibited from possessing a firearm pursuant to section
126105, no information received via telephone following the
13implementation of the instantaneous background check system
14from a purchaser or transferee who has received a unique
15approval number shall be retained by the Pennsylvania State
16Police.

17(7) For purposes of the enforcement of 18 U.S.C. § 
18922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in 
19the event the criminal history or juvenile delinquency 
20background check indicates a conviction for a misdemeanor 
21that the Pennsylvania State Police cannot determine is or is 
22not related to an act of domestic violence, the Pennsylvania 
23State Police shall issue a temporary delay of the approval of 
24the purchase or transfer. During the temporary delay, the 
25Pennsylvania State Police shall conduct a review or 
26investigation of the conviction with courts, local police 
27departments, district attorneys and other law enforcement or 
28related institutions as necessary to determine whether or not 
29the misdemeanor conviction involved an act of domestic 
30violence. The Pennsylvania State Police shall conduct the 

1review or investigation as expeditiously as possible. No 
2firearm may be transferred by the dealer to the purchaser who 
3is the subject of the investigation during the temporary 
4delay. The Pennsylvania State Police shall notify the dealer 
5of the termination of the temporary delay and either deny the 
6sale or provide the unique approval number under paragraph 
7(4).]

8 * * *

9(f) Application of section.--

10(1) For the purposes of this section only, except as 
11provided by paragraph (2), "firearm" shall mean any weapon 
12which is designed to or may readily be converted to expel any 
13projectile by the action of an explosive or the frame or 
14receiver of any such weapon.

15(2) The provisions contained in [subsections (a) and]
16subsection (c) shall only apply to pistols or revolvers with
17a barrel length of less than 15 inches, any shotgun with a
18barrel length of less than 18 inches, any rifle with a barrel
19length of less than 16 inches or any firearm with an overall
20length of less than 26 inches.

21(3) The provisions contained in subsection [(a)] (b)
22(1.5) shall not apply to any law enforcement officer whose
23current identification as a law enforcement officer shall be
24construed as a valid license to carry a firearm or any person
25who possesses a valid license to carry a firearm under
26section 6109 (relating to licenses).

27[(4) (i) The provisions of subsection (a) shall not
28apply to any person who presents to the seller or
29transferor a written statement issued by the official
30described in subparagraph (iii) during the ten-day period

1ending on the date of the most recent proposal of such
2transfer or sale by the transferee or purchaser stating
3that the transferee or purchaser requires access to a
4firearm because of a threat to the life of the transferee
5or purchaser or any member of the household of that
6transferee or purchaser.

7(ii) The issuing official shall notify the
8applicant's local police authority that such a statement
9has been issued. In counties of the first class the chief
10of police shall notify the police station or substation
11closest to the applicant's residence.

12(iii) The statement issued under subparagraph (ii)
13shall be issued by the district attorney, or his
14designee, of the county of residence if the transferee or
15purchaser resides in a municipality where there is no
16chief of police. Otherwise, the statement shall be issued
17by the chief of police in the municipality in which the
18purchaser or transferee resides.]

19(g) Penalties.--

20* * *

21(3) Any person, licensed dealer, licensed manufacturer
22or licensed importer who knowingly and intentionally requests
23a [criminal history, juvenile delinquency or mental health
24record check or other confidential information from the
25Pennsylvania State Police under this chapter] NICS check for
26any purpose other than compliance with this chapter or
27knowingly and intentionally disseminates any [criminal
28history, juvenile delinquency or mental health record]
29information obtained from a NICS check or other confidential
30information to any person other than the subject of the

1information commits a felony of the third degree.

2* * *

3(j) Exemption.--

4(1) The provisions of [subsections (a) and] subsection 
5(b) shall not apply to:

6(i) sales between Federal firearms licensees; or

7(ii) the purchase of firearms by a chief law
8enforcement officer or his designee, for the official use
9of law enforcement officers.

10(2) For the purposes of this subsection, the term "chief 
11law enforcement officer" shall include the Commissioner of 
12the Pennsylvania State Police, the chief or head of a police 
13department, a county sheriff or any equivalent law 
14enforcement official.

15Section 3. Section 6111.1(b)(1), (2) and (3), (c), (e), (i),
16(j.1), (j.2) and (j.3) of Title 18 are amended and the section
17is amended by adding a subsection to read:

18§ 6111.1. Pennsylvania State Police.

19* * *

20(b) Duty of Pennsylvania State Police.--

21[(1) Upon receipt of a request for a criminal history,
22juvenile delinquency history and mental health record check
23of the potential purchaser or transferee, the Pennsylvania
24State Police shall immediately during the licensee's call or
25by return call forthwith:

26(i) review the Pennsylvania State Police criminal
27history and fingerprint records to determine if the
28potential purchaser or transferee is prohibited from
29receipt or possession of a firearm under Federal or State
30law;

1(ii) review the juvenile delinquency and mental
2health records of the Pennsylvania State Police to
3determine whether the potential purchaser or transferee
4is prohibited from receipt or possession of a firearm
5under Federal or State law; and

6(iii) inform the licensee making the inquiry either:

7(A) that the potential purchase or transfer is
8prohibited; or

9(B) provide the licensee with a unique approval
10number.

11(2) In the event of electronic failure, scheduled
12computer downtime or similar event beyond the control of the
13Pennsylvania State Police, the Pennsylvania State Police
14shall immediately notify the requesting licensee of the
15reason for and estimated length of the delay. If the failure
16or event lasts for a period exceeding 48 hours, the dealer
17shall not be subject to any penalty for completing a
18transaction absent the completion of an instantaneous records
19check for the remainder of the failure or similar event, but
20the dealer shall obtain a completed application/record of
21sale following the provisions of section 6111(b)(1) and (1.1)
22(relating to sale or transfer of firearms) as if an
23instantaneous records check has not been established for any
24sale or transfer of a firearm for the purpose of a subsequent
25background check.

26(3) The Pennsylvania State Police shall fully comply,
27execute and enforce the directives of this section as
28follows:

29(i) The instantaneous background check for firearms
30as defined in section 6102 (relating to definitions)

1shall begin on July 1, 1998.

2(ii) The instantaneous background check for firearms
3that exceed the barrel lengths set forth in section 6102
4shall begin on the later of:

5(A) the date of publication of the notice under
6section 6111(a)(2); or

7(B) December 31, 1998.]

8 * * *

9[(c) Establish a telephone number.--The Pennsylvania State
10Police shall establish a telephone number which shall be
11operational seven days a week between the hours of 8 a.m. and 10
12p.m. local time for purposes of responding to inquiries as
13described in this section from licensed manufacturers, licensed
14importers and licensed dealers. The Pennsylvania State Police
15shall employ and train such personnel as are necessary to
16administer expeditiously the provisions of this section.]

17* * *

18(e) Challenge to records.--

19(1) Any person who is denied the right to receive, sell,
20transfer, possess, carry, manufacture or purchase a firearm
21as a result of the [procedures established by this section]
22information recorded in a registry of the Pennsylvania State 
23Police may challenge the accuracy of that person's criminal
24history, juvenile delinquency history or mental health record
25[pursuant to a denial by the instantaneous records check] by
26submitting a challenge to the Pennsylvania State Police
27within 30 days from the date of the denial.

28(2) The Pennsylvania State Police shall conduct a review
29of the accuracy of the information forming the basis for the
30denial and shall have the burden of proving the accuracy of

1the record. Within 20 days after receiving a challenge, the
2Pennsylvania State Police shall notify the challenger of the
3basis for the denial, including, but not limited to, the
4jurisdiction and docket number of any relevant court decision
5and provide the challenger an opportunity to provide
6additional information for the purposes of the review. The
7Pennsylvania State Police shall communicate its final
8decision to the challenger within 60 days of the receipt of
9the challenge. The decision of the Pennsylvania State Police
10shall include all information which formed a basis for the
11decision.

12(3) If the challenge is ruled invalid, the person shall
13have the right to appeal the decision to the Attorney General
14within 30 days of the decision. The Attorney General shall
15conduct a hearing de novo in accordance with the
16Administrative Agency Law. The burden of proof shall be upon
17the Commonwealth.

18(4) The decision of the Attorney General may be appealed
19to the Commonwealth Court by an aggrieved party.

20(5) Pursuant to the memorandum of understanding under 
21subsection (j.4), the Pennsylvania State Police shall report 
22to the National Instant Criminal Background Check System 
23Index, Denied Persons Files, the name, date of birth and 
24physical description of any person who successfully 
25challenges the accuracy of that person's criminal history, 
26juvenile delinquency history or mental health record under 
27this subsection.

28* * *

29[(i) Reports.--The Pennsylvania State Police shall annually
30compile and report to the General Assembly, on or before

1December 31, the following information for the previous year:

2(1) number of firearm sales, including the types of
3firearms;

4(2) number of applications for sale of firearms denied,
5number of challenges of the denials and number of final
6reversals of initial denials;

7(3) summary of the Pennsylvania State Police's
8activities, including the average time taken to complete a
9criminal history, juvenile delinquency history or mental
10health record check; and

11(4) uniform crime reporting statistics compiled by the
12Pennsylvania State Police based on the National Incident-
13based Reporting System.]

14* * *

15[(j.1) Delinquency and mental health records.--The
16provisions of this section which relate to juvenile delinquency
17and mental health records checks shall be applicable when the
18data has been made available to the Pennsylvania State Police
19but not later than October 11, 1999.

20(j.2) Records check.--The provisions of this section which
21relate to the instantaneous records check conducted by telephone
22shall be applicable 30 days following notice by the Pennsylvania
23State Police pursuant to section 6111(a)(2).]

24(j.3) Immunity.--[The Pennsylvania State Police and its
25employees shall be immune from actions for damages for the use
26of a firearm by a purchaser or for the unlawful transfer of a
27firearm by a dealer unless the act of the Pennsylvania State
28Police or its employees constitutes a crime, actual fraud,
29actual malice or willful misconduct.] Unless the act of the 
30Pennsylvania State Police or its employees constitutes a crime, 

1actual fraud, actual malice or willful misconduct, the 
2Pennsylvania State Police and its employees shall be immune from 
3actions for damages for:

4(1) the use of a firearm by a purchaser or lawful owner;
5or

6(2) the unlawful transfer of a firearm by a dealer.

7(j.4) Report to NICS.--The Pennsylvania State Police shall,
8in accordance with Federal and State law regarding
9confidentiality, enter into a memorandum of understanding with
10the Federal Bureau of Investigation for the purpose of
11implementing the NICS in this Commonwealth. The Pennsylvania
12State Police shall report to the National Instant Criminal
13Background Check System Index, Denied Persons Files, the name,
14date of birth and physical description of any person who:

15(1) under section 6105, may not possess, use, control,
16sell, transfer or manufacture a firearm in this Commonwealth;
17or

18(2) was previously reported under paragraph (1) or any
19predecessor statute or agreement and may currently possess,
20use, control, sell, transfer or manufacture a firearm in this
21Commonwealth.

22* * *

23Section 4. Sections 6111.2 and 6111.3 of Title 18 are
24repealed:

25[§ 6111.2. Firearm sales surcharge.

26(a) Surcharge imposed.--There is hereby imposed on each sale 
27of a firearm subject to tax under Article II of the act of March 
284, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an 
29additional surcharge of $3. This shall be referred to as the 
30Firearm Sale Surcharge. All moneys received from this surcharge 

1shall be deposited in the Firearm Instant Records Check Fund.

2(b) Increases or decreases.--Five years from the effective
3date of this subsection, and every five years thereafter, the
4Pennsylvania State Police shall provide such information as
5necessary to the Legislative Budget and Finance Committee for
6the purpose of reviewing the need to increase or decrease the
7instant check fee. The committee shall issue a report of its
8findings and recommendations to the General Assembly for a
9statutory change in the fee.

10(c) Revenue sources.--Funds received under the provisions of
11this section and section 6111(b)(3) (relating to sale or
12transfer of firearms), as estimated and certified by the
13Secretary of Revenue, shall be deposited within five days of the
14end of each quarter into the fund.

15(d) Definition.--As used in this section only, the term 
16"firearm" shall mean any weapon which is designed to or may 
17readily be converted to expel any projectile by the action of an 
18explosion or the frame or receiver of any such weapon.

19§ 6111.3. Firearm Records Check Fund.

20(a) Establishment.--The Firearm Records Check Fund is hereby
21established as a restricted account in the State Treasury,
22separate and apart from all other public money or funds of the
23Commonwealth, to be appropriated annually by the General
24Assembly, for use in carrying out the provisions of section 6111
25(relating to firearm ownership). The moneys in the fund on June
261, 1998, are hereby appropriated to the Pennsylvania State
27Police.

28(b) Source.--The source of the fund shall be moneys
29collected and transferred under section 6111.2 (relating to
30firearm sales surcharge) and moneys collected and transferred

1under section 6111(b)(3).]

2Section 4.1. Sections 6113(a) and 6124 of Title 18 are
3amended to read:

4§ 6113. Licensing of dealers.

5(a) General rule.--The chief or head of any police force or
6police department of a city, and, elsewhere, the sheriff of the
7county, shall grant to reputable applicants licenses, in form
8prescribed by the Pennsylvania State Police, effective for three
9years from date of issue, permitting the licensee to sell
10firearms direct to the consumer, subject to the following
11conditions in addition to those specified in section 6111
12(relating to sale or transfer of firearms), for breach of any of
13which the license shall be forfeited and the licensee subject to
14punishment as provided in this subchapter:

15(1) The business shall be carried on only upon the
16premises designated in the license or at a lawful gun show or
17meet.

18(2) The license, or a copy thereof, certified by the
19issuing authority, shall be displayed on the premises where
20it can easily be read.

21(3) No firearm shall be sold in violation of any
22provision of this subchapter.

23(4) No firearm shall be sold under any circumstances
24unless the purchaser is personally known to the seller or
25shall present clear evidence of the purchaser's identity.

26(5) [A true record in triplicate shall be made of every
27firearm sold, in a book kept for the purpose, the form of
28which may be prescribed by the Pennsylvania State Police, and
29shall be personally signed by the purchaser and by the person
30effecting the sale, each in the presence of the other, and

1shall contain the information required by section 6111. The
2record shall be maintained by the licensee for a period of 20
3years.] (Reserved).

4(6) No firearm as defined in section 6102 (relating to
5definitions) shall be displayed in any part of any premises
6where it can readily be seen from the outside. In the event
7that the Commissioner of the Pennsylvania State Police shall
8find a clear and present danger to public safety within this
9Commonwealth or any area thereof, firearms shall be stored
10and safeguarded pursuant to regulations to be established by
11the Pennsylvania State Police by the licensee during the
12hours when the licensee is closed for business.

13(7) The dealer shall possess all applicable current
14revenue licenses.

15* * *

16§ 6124. Administrative regulations.

17The commissioner may establish form specifications and
18regulations, consistent with section 6109(c) (relating to
19licenses), with respect to uniform forms control, including the
20following:

21(1) License to carry firearms.

22(2) Firearm registration.

23(3) Dealer's license.

24[(4) Application for purchase of a firearm.

25(5) Record of sale of firearms.]

26Section 4.2. Section 6126 of Title 18 is repealed:

27[§ 6126. Firearms Background Check Advisory Committee.

28(a) Establishment.--There is hereby established the Firearms
29Background Check Advisory Committee which shall consist of six
30members as follows:

1(1) The Governor or a designee.

2(2) The Attorney General or a designee.

3(3) The Majority Leader of the Senate or a designee.

4(4) The Minority Leader of the Senate or a designee.

5(5) The Majority Leader of the House of Representatives
6or a designee.

7(6) The Minority Leader of the House of Representatives
8or a designee.

9(b) Duties.--To facilitate compliance with this chapter and
10the intent thereof, the Firearms Background Check Advisory
11Committee shall, as follows:

12(1) Review the operations and procedures of the
13Pennsylvania State Police relating to the implementation and
14administration of the criminal history, juvenile delinquency
15and mental health records background checks.

16(2) Advise the Pennsylvania State Police relating to the
17development and maintenance of the instantaneous records
18check system.

19(3) Provide annual reports to the Governor and the 
20General Assembly on the advisory committee's findings and 
21recommendations, including discussions concerning conformance 
22with the preamble of the act of June 13, 1995 (1st Sp.Sess., 
23P.L.1024, No.17), entitled, "An act amending Titles 18 
24(Crimes and Offenses) and 42 (Judiciary and Judicial 
25Procedure) of the Pennsylvania Consolidated Statutes, further 
26providing for the possession of firearms; establishing a 
27selected Statewide juvenile offender registry; and making an 
28appropriation."

29(c) Terms.--Members or their designees shall serve a term of
30office concurrent with the term of office for which the member

1was elected. Any vacancy shall be filled by the appointing
2authority.

3(d) Chairperson.--The Governor shall appoint the chairperson
4of the advisory committee.

5(e) Expiration.--This section shall expire November 30,
62002.]

7Section 5. This act shall take effect June 1, 2013, or
8immediately, whichever is later.