Regular Session 2017-2018 House Bill 0273 P.N. 3753

PRIOR PRINTER'S NO. 231

PRINTER'S NO. 3753

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

273

Session of

2017

INTRODUCED BY DONATUCCI, DEAN, KINSEY, DRISCOLL, SCHLOSSBERG,

O'BRIEN, FRANKEL, McCLINTON, SCHWEYER, DALEY, VAZQUEZ,

PASHINSKI, WARREN, MADDEN, COMITTA, HILL-EVANS, KIRKLAND AND

DAVIS, JANUARY 31, 2017

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 19, 2018

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for definitions, for sale or

transfer of firearms and for Pennsylvania State Police and

providing for self-exclusion from purchasing a firearm.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6102 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 6102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this subchapter which are applicable to specific

provisions of this subchapter, the following words and phrases,

when used in this subchapter shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

* * *

"Voluntary self-exclusion list." The list established under

section 6128 (relating to self-exclusion from purchasing a

firearm) and maintained by the Pennsylvania State Police of

names and identifying information of persons who have

voluntarily agreed to be prohibited from purchasing a firearm or

receiving a firearm by transfer.

Section 2. Sections 6111(b)(1.1), (3) and (6) and 6111.1(b)

(1) and (3) of Title 18 are amended to read:

§ 6111. Sale or transfer of firearms.

* * *

(b) Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

licensed manufacturer, licensed dealer or licensed collector,

until the conditions of subsection (a) have been satisfied and

until he has:

* * *

(1.1) On the date of publication in the Pennsylvania

Bulletin of a notice by the Pennsylvania State Police that

the instantaneous records check has been implemented, all of

the following shall apply:

(i) In the event of an electronic failure under

section 6111.1(b)(2) (relating to Pennsylvania State

Police) for purposes of a firearm which exceeds the

barrel and related lengths set forth in section 6102,

obtained a completed application/record of sale from the

potential buyer or transferee to be filled out in

triplicate, the original copy to be sent to the

Pennsylvania State Police, postmarked via first class

mail, within 14 days of sale, one copy to be retained by

the licensed importer, licensed manufacturer or licensed

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dealer for a period of 20 years and one copy to be

provided to the purchaser or transferee.

(ii) The form of the application/record of sale

shall be no more than one page in length and shall be

promulgated by the Pennsylvania State Police and provided

by the licensed importer, licensed manufacturer or

licensed dealer.

(iii) For purposes of conducting the criminal

history, juvenile delinquency, voluntary self-exclusion

list and mental health records background check which

shall be completed within ten days of receipt of the

information from the dealer, the application/record of

sale shall include the name, address, birthdate, gender,

race, physical description and Social Security number of

the purchaser or transferee and the date of application.

(iv) No information regarding the type of firearm

need be included other than an indication that the

firearm exceeds the barrel lengths set forth in section

6102.

(v) Unless it has been discovered pursuant to a

criminal history, juvenile delinquency, voluntary self-

exclusion list and mental health records background check

that the potential purchaser or transferee is prohibited

from possessing a firearm pursuant to section 6105

(relating to persons not to possess, use, manufacture,

control, sell or transfer firearms) or that the potential

purchaser or transferee is prohibited from purchasing or

receiving a firearm because the potential purchaser or

transferee's name appears on the voluntary self-exclusion

list, no information on the application/record of sale

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provided pursuant to this subsection shall be retained as

precluded by section 6111.4 (relating to registration of

firearms) by the Pennsylvania State Police either through

retention of the application/record of sale or by

entering the information onto a computer, and, further,

an application/record of sale received by the

Pennsylvania State Police pursuant to this subsection

shall be destroyed within 72 hours of the completion of

the criminal history, juvenile delinquency and mental

health records background check.

* * *

(3) Requested by means of a telephone call that the

Pennsylvania State Police conduct a criminal history,

juvenile delinquency history, check of the voluntary self-

exclusion list and a mental health record check. The

purchaser and the licensed dealer shall provide such

information as is necessary to accurately identify the

purchaser. The requester shall be charged a fee equivalent to

the cost of providing the service but not to exceed $2 per

buyer or transferee.

* * *

(6) Unless it has been discovered pursuant to a criminal

history, juvenile delinquency [and], mental health records

background check and check of the voluntary self-exclusion

list that the potential purchaser or transferee is prohibited

from possessing a firearm pursuant to section 6105 or that

the potential purchaser or transferee is prohibited from

purchasing or receiving a firearm because the potential

purchaser or transferee's name appears on the voluntary self-

exclusion list, no information received via telephone

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following the implementation of the instantaneous background

check system from a purchaser or transferee who has received

a unique approval number shall be retained by the

Pennsylvania State Police.

* * *

§ 6111.1. Pennsylvania State Police.

* * *

(b) Duty of Pennsylvania State Police.--

(1) Upon receipt of a request for a criminal history,

juvenile delinquency history, voluntary self-exclusion list

and mental health record check of the potential purchaser or

transferee, the Pennsylvania State Police shall immediately

during the licensee's call or by return call forthwith:

(i) review the Pennsylvania State Police criminal

history and fingerprint records to determine if the

potential purchaser or transferee is prohibited from

receipt or possession of a firearm under Federal or State

law;

(ii) review the juvenile delinquency and mental

health records of the Pennsylvania State Police to

determine whether the potential purchaser or transferee

is prohibited from receipt or possession of a firearm

under Federal or State law; [and]

(ii.1) review the voluntary self-exclusion list to

determine whether the potential purchaser or transferee's

name appears on the voluntary self-exclusion list and

makes the person ineligible to purchase a firearm or

receive a firearm by transfer; and

(iii) inform the licensee making the inquiry either:

(A) that the potential purchase or transfer is

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prohibited; or

(B) provide the licensee with a unique approval

number.

* * *

(3) The Pennsylvania State Police shall fully comply,

execute and enforce the directives of this section as

follows:

(i) The instantaneous background check for firearms

as defined in section 6102 (relating to definitions)

shall begin on July 1, 1998.

(ii) The instantaneous background check for firearms

that exceed the barrel lengths set forth in section 6102

shall begin on the later of:

(A) the date of publication of the notice under

section 6111(a)(2); or

(B) December 31, 1998.

(iii) The Pennsylvania State Police shall begin

reviewing the voluntary self-exclusion list once the

Pennsylvania State Police has promulgated regulations and

established a standardized form by which a person may

request placement on the voluntary self-exclusion list.

If an inquiry by a licensee reveals that a potential

purchaser or transferee's name appears on the voluntary

self-exclusion list, the Pennsylvania State Police shall

inform the licensee making the inquiry that the potential

purchase or transfer is prohibited on that basis .

* * *

Section 3. Title 18 is amended by adding a section to read:

§ 6128. Self-exclusion from purchasing a firearm.

(a) General rule.--The Pennsylvania State Police shall

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establish and maintain a list of persons self-excluded from

purchasing a firearm or receiving a firearm by transfer. A

person may, in a form and manner to be established by the

Pennsylvania State Police, request placement on the voluntary

self-exclusion list. The form shall require the person to agree

that, during any period of placement on the voluntary self-

exclusion list, the person will not be permitted to purchase a

firearm or receive a firearm by transfer.

(b) Period of exclusion.--The length of placement of the

voluntary self-exclusion list requested by a person must be one

of the following:

(1) One year.

(2) Five THREE years.

(3) Lifetime FIVE YEARS .

appears on the voluntary self-exclusion list may voluntarily

surrender to the Pennsylvania State Police any firearm owned or

possessed by the person. The Pennsylvania State Police shall:

(1) Hold the firearm in safekeeping until the person's

name is no longer placed on the voluntary self-exclusion

list, at which time the Pennsylvania State Police shall

return the firearm to the person.

(2) Retain the firearm if the person's name appears on a

voluntary self-exclusion list for lifetime placement.

(d) (C) Removal from voluntary self-exclusion list.--

(1) A person whose name is placed on the voluntary self-

exclusion list for one year or five years may, upon the

conclusion of the time period, request removal from the

voluntary self-exclusion list in a form and manner

established by the Pennsylvania State Police. The

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Pennsylvania State Police shall remove the name of the person

from the voluntary self-exclusion list no later than 15

business days following receipt of the request.

(2) A person who has requested lifetime placement on the

voluntary self-exclusion list will be prohibited from

requesting removal from the voluntary self-exclusion list,

and the Pennsylvania State Police may not approve a request

for removal by the person.

(1) NO LESS THAN 20 BUSINESS DAYS BEFORE THE CONCLUSION

OF THE SELF-EXCLUSION TIME PERIOD, THE PENNSYLVANIA STATE

POLICE SHALL NOTIFY THE PERSON WHOSE NAME IS PLACED ON THE

VOLUNTARY SELF-EXCLUSION LIST THAT THE PERIOD OF SELF-

EXCLUSION IS ABOUT TO CONCLUDE. THE NOTICE SHALL PROVIDE THE

PROCEDURE FOR REQUESTING RENEWAL OF THE VOLUNTARY SELF-

EXCLUSION LIST IN A FORM AND MANNER TO BE ESTABLISHED BY THE

PENNSYLVANIA STATE POLICE.

(2) (RESERVED).

(e) (D) Disclosure.--Notwithstanding any other law to the

contrary, the Pennsylvania State Police's voluntary self-

exclusion list shall not be open to public inspection.

(f) (E) Promulgation of regulations.--The Pennsylvania State

Police shall promulgate regulations establishing procedures as

needed to implement the provisions of this section.

Section 4. This act shall take effect in 60 days.

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