AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for definitions, for sale or
4transfer of firearms and for registration of firearms.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6102 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended by adding a definition to read:

9§ 6102. Definitions.

10Subject to additional definitions contained in subsequent
11provisions of this subchapter which are applicable to specific
12provisions of this subchapter, the following words and phrases,
13when used in this subchapter shall have, unless the context
14clearly indicates otherwise, the meanings given to them in this
15section:

16* * *

17"Registry of firearm ownership." Any list, database, record

1or registry of privately owned firearms or any list, database,
2record or registry reflecting the sale, transfer or ownership of
3those firearms. The term includes, but is not limited to, any
4list, database, record or registry reflecting an application or
5other record reflecting the sale or transfer of a firearm. For
6the purposes of this definition only, the term "firearm" shall
7include any weapon that is designed or may readily be converted
8to expel any projectile by the action of an explosive or the
9frame or receiver of any such weapon.

10* * *

11Section 2. Sections 6111(b)(1.1)(v) and 6111.4 of Title 18
12are amended to read:

13§ 6111. Sale or transfer of firearms.

14* * *

15(b) Duty of seller.--No licensed importer, licensed
16manufacturer or licensed dealer shall sell or deliver any
17firearm to another person, other than a licensed importer,
18licensed manufacturer, licensed dealer or licensed collector,
19until the conditions of subsection (a) have been satisfied and
20until he has:

21* * *

22(1.1) On the date of publication in the Pennsylvania
23Bulletin of a notice by the Pennsylvania State Police that
24the instantaneous records check has been implemented, all of
25the following shall apply:

26* * *

27(v) Unless it has been discovered pursuant to a
28criminal history, juvenile delinquency and mental health
29records background check that the potential purchaser or
30transferee is prohibited from possessing a firearm

1pursuant to section 6105 (relating to persons not to
2possess, use, manufacture, control, sell or transfer
3firearms), no information on the application/record of
4sale provided [pursuant to this subsection] for any 
5firearm, as defined in subsection (f)(1), shall be
6retained as precluded by section 6111.4 (relating to
7registration of firearms) by the Pennsylvania State
8Police either through retention of the application/record
9of sale or by entering the information onto a computer,
10and, further, an application/record of sale received by
11the Pennsylvania State Police pursuant to this subsection
12shall be destroyed within 72 hours of the completion of
13the criminal history, juvenile delinquency and mental
14health records background check.

15* * *

16§ 6111.4. Registration of firearms.

17(a) General rule.--Notwithstanding any section of this
18chapter to the contrary, nothing in this chapter shall be
19construed to allow any government or law enforcement agency or
20any agent thereof to create, maintain or operate any registry of
21firearm ownership within this Commonwealth[.] or to consolidate 
22or centralize any records of the:

23(1) acquisition, transfer or disposition of firearms, or
24any portion thereof, maintained by any person; or

25(2) possession or ownership of a firearm maintained by
26any medical or health insurance entity.

27(b) Penalty.--Any government or law enforcement official who
28knowingly violates section 6111(b)(1.1)(v) (relating to sale or
29transfer of firearms) shall be subject to a fine of not more
30than $10,000, imprisoned for not more than 15 years or both.

1(c) Definition.--For the purposes of this section only, the
2term "firearm" shall include any weapon that is designed to or
3may readily be converted to expel any projectile by the action
4of an explosive or the frame or receiver of any such weapon.

5Section 3. Any government or law enforcement agency or any
6agent thereof that currently possesses, controls, maintains or
7operates a registry of firearm ownership created or compiled
8using information on an application/record of sale provided
9pursuant to 18 Pa.C.S. § 6111 shall destroy the registry of
10firearm ownership.

11Section 4. This act shall take effect in 90 days.