AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for application denial.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 18 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 6128. Application denial.

8(a) Transmission of data.--The Pennsylvania State Police
9shall transmit data relating to the denial of an application for
10the purchase or transfer of a firearm to the Attorney General
11when the following conditions apply:

12(1) the denial of the application is based on a
13conviction for a felony offense which would prohibit an
14individual from possession of a firearm under Federal or
15State law; and

16(2) the time period for challenging the denial under
17section 6111.1(e) (relating to Pennsylvania State Police) has

1expired or the challenge to the denial has been ruled
2invalid.

3(b) Content of transmission.--When the Pennsylvania State
4Police are required to transmit data under subsection (a), the
5content of the transmission shall include all of the following:

6(1) Date of the application.

7(2) Name and address of the applicant.

8(3) Name and address of the licensed firearm dealer.

9(4) Offense, grade of the offense, offense tracking
10number and date of the offense.

11(c) Duty of Attorney General.--Upon receipt of data under
12subsection (a), the Attorney General shall do all of the
13following:

14(1) Review the denial of application data forwarded from
15the Pennsylvania State Police.

16(2) Investigate the incident.

17(3) Determine whether there is sufficient evidence to
18prosecute the individual for a violation of section
196111(g)(4) (relating to sale or transfer of firearms).

20(4) Prosecute the individual for violating section
216111(g)(4) if there is sufficient evidence under paragraph
22(3).

23(d) Confidentiality.--The Attorney General may use the
24information provided by the Pennsylvania State Police and any
25information obtained pursuant to its investigation, for official
26purposes only. Notwithstanding any other law, the information
27shall not be subject to public disclosure.

28(e) Report to General Assembly.--The Attorney General shall,
29on an annual basis, submit a report to the Judiciary Committee
30of the Senate and the Judiciary Committee of the House of

1Representatives on the Attorney General's efforts related to
2this section. The report shall include the following
3information, broken down by county:

4(1) The number of denials transmitted to the Attorney
5General by the Pennsylvania State Police.

6(2) The number of prosecutions for violations of section
76111(g)(4).

8(3) The number of convictions for violations of section
96111(g)(4).

10(4) The average sentence for an individual convicted for
11a violation of section 6111(g)(4).

12Section 2. This act shall take effect in 90 days.