PRINTER'S NO. 555
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
528
Session of
2017
INTRODUCED BY WARREN, DEAN, NEILSON, KINSEY, SCHLOSSBERG,
J. HARRIS, MILLARD, FRANKEL, BULLOCK, McNEILL, THOMAS AND
SOLOMON, FEBRUARY 17, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions, for persons not
to possess, use, manufacture, control, sell or transfer
firearms, for sale or transfer of firearms and for
Pennsylvania State Police.
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:
* * *
"Terrorist screening database." A list compiled by the
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Federal Bureau of Investigation and used by various agencies to
consolidate and screen information relating to individuals who
are known or suspected as being international terrorists and
domestic terrorists.
Section 2. Section 6105(c) of Title 18 is amended by adding
a paragraph to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(10) A person whose name is included on the terrorist
screening database.
* * *
Section 3. Sections 6111(b)(3) and (6) and (g)(3) and
6111.1(b)(1) 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:
* * *
(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
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juvenile delinquency history, terrorist screening database
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, terrorist screening database
and mental health records background check that the potential
purchaser or transferee is prohibited from possessing a
firearm pursuant to section 6105, no information received via
telephone 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.
* * *
(g) Penalties.--
* * *
(3) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally requests
a criminal history, juvenile delinquency, terrorist screening
database or mental health record check or other confidential
information from the Pennsylvania State Police under this
chapter for any purpose other than compliance with this
chapter or knowingly and intentionally disseminates any
criminal history, juvenile delinquency or mental health
record or other confidential information to any person other
than the subject of the information commits a felony of the
third degree.
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* * *
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history,
juvenile delinquency history, terrorist screening database
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[;] and determine whether the name of the potential
purchaser or transferee is included on the terrorist
screening database;
(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
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
prohibited; or
(B) provide the licensee with a unique approval
number.
* * *
Section 4. This act shall take effect in 60 days.
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