PRINTER'S NO. 2561
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1858
Session of
2019
INTRODUCED BY SHUSTERMAN, SAPPEY, SCHLOSSBERG, BRIGGS, KINSEY,
CALTAGIRONE, WILLIAMS, SIMS, SANCHEZ, WARREN, ISAACSON,
OTTEN, FRANKEL, CIRESI, McCLINTON, DALEY, KIM, MADDEN,
FITZGERALD, JOHNSON-HARRELL, STURLA, COMITTA AND ULLMAN,
SEPTEMBER 23, 2019
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 23, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions and for sale or
transfer of firearms; and providing for semi-automatic
assault rifle safety certificate; and establishing the Semi-
Automatic Assault Rifle Safety and Enforcement Fund.
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 definitions 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:
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"Rifle." A weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of an explosive
to fire only a single projectile through a rifled bore for each
single pull of the trigger.
* * *
"Semi-automatic assault rifle." A semi-automatic rifle
capable of holding more than five rounds of ammunition in a
fixed or detachable magazine.
"Semi-automatic rifle." Any repeating rifle that utilizes a
portion of the energy of a firing cartridge to extract the fired
cartridge case and chamber the next round and requires a
separate pull of the trigger to fire each cartridge.
* * *
Section 2. Section 6111 of Title 18 is amended by adding a
subsection to read:
§ 6111. Sale or transfer of firearms.
* * *
(c.1) Semi-automatic assault rifles.--No person shall sell
or transfer a semi-automatic assault rifle unless the recipient
of the semi-automatic assault rifle holds a semi-automatic
assault rifle safety certificate issued by the Pennsylvania
State Police in accordance with subchapter E (relating to semi-
automatic assault rifle safety certificate). The certificate
shall be presented at the time of sale or transfer.
* * *
Section 3. Chapter 61 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER E
SEMI-AUTOMATIC ASSAULT RIFLE SAFETY CERTIFICATE
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Sec.
6191. Definitions.
6192. Semi-automatic assault rifle safety certificate.
6193. Pennsylvania State Police.
6194. Issuance of semi-automatic assault rifle safety
certificate and objective test, renewal, fees and
expiration.
6195. Violations and penalties.
6196. Immunity from liability.
§ 6191. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who applies for a semi-automatic
assault rifle safety certificate.
"Certificate" or "semi-automatic assault rifle safety
certificate." A certificate issued by the Pennsylvania State
Police in accordance with this subchapter indicating that the
holder has successfully completed semi-automatic assault rifle
safety training.
"Certified instructors" or "instructor." A person certified
as a semi-automatic assault rifle safety instructor under this
subchapter.
"Fund." The Semi-Automatic Assault Rifle Safety and
Enforcement Fund established under section 6194 (relating to
issuance of semi-automatic assault rifle safety certificate and
objective test, renewal, fees and expiration).
"Law enforcement agency." The term includes:
(1) The Pennsylvania State Police.
(2) A municipal police department.
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(3) The Office of Attorney General.
(4) The Federal Bureau of Investigation or other Federal
law enforcement agency.
(5) A police department of another state or
jurisdiction.
"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to
definitions).
"Semi-automatic assault rifle." As defined in section 6102
(relating to definitions).
"Written authorization." A verifiable written certification
from the head of a law enforcement agency that identifies the
purchaser or transferee of a semi-automatic assault rifle
transaction as an employee of the law enforcement agency,
identifies the employee as an individual authorized to conduct
the transaction and authorizes the transaction for the exclusive
use of the law enforcement agency by which the person is
employed.
§ 6192. Semi-automatic assault rifle safety certificate.
(a) Certificate required.--Notwithstanding any provision of
this chapter or any other law or regulation to the contrary, no
person may:
(1) purchase or receive a semi-automatic assault rifle,
except an antique semi-automatic assault rifle that has been
modified to render it permanently inoperable, without a valid
semi-automatic assault rifle safety certificate; or
(2) sell, deliver, loan or transfer a semi-automatic
assault rifle, except an antique semi-automatic assault rifle
that has been modified to render it permanently inoperable,
to person who does not have a valid semi-automatic assault
rifle safety certificate.
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(b) Exception for peace officers.--A peace officer shall be
exempt from the certificate requirement under subsection (a).
(c) Other exemptions by operation of law.--The following
persons who take title to or possession of a semi-automatic
assault rifle by operation of law in a representative capacity,
until or unless they transfer title ownership of the semi-
automatic assault rifle to themselves in a personal capacity,
shall be exempt from the certificate requirement of subsection
(a):
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee of a
secured creditor when a semi-automatic assault rifle is
possessed as collateral for, or as a result of, a default
under a security agreement under 13 Pa.C.S. (relating to
commercial code).
(3) A writ server who is directed to execute a writ or
serve other court documents under 42 Pa.C.S. (relating to
judiciary and judicial procedure).
(4) A receiver performing the functions of a receiver
under the laws of this Commonwealth.
(5) A trustee in bankruptcy performing the duties of a
trustee.
(6) An assignee for the benefit of creditors performing
the functions of an assignee.
§ 6193. Pennsylvania State Police.
(a) Administration and enforcement.--The Pennsylvania State
Police shall administer and enforce the provisions of this
subchapter.
(b) Duties of Pennsylvania State Police.--To carry out the
provisions of this subchapter, the Pennsylvania State Police
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shall:
(1) Develop a program for the certification of persons
to provide semi-automatic assault rifle safety instruction to
individuals seeking semi-automatic assault rifle safety
certification in accordance with the provisions of this
subchapter.
(2) Develop a semi-automatic assault rifle safety manual
and make the manual available to firearm dealers licensed
under sections 6112 (relating to retail dealer required to be
licensed) and 6113 (relating to licensing of dealers). Each
firearm dealer shall make the manual available to the general
public. A firearm dealer may make the manual available to the
public by including the manual or essential portions of the
manual in a pamphlet developed by the dealer that summarizes
the Commonwealth's firearms law by posting the instructions
manual or essential portions of the manual on the dealer's
publicly accessible Internet website or by providing a link
to the Pennsylvania State Police's publicly accessible
Internet website on the dealer's publicly accessible Internet
website.
(3) Establish a link on the Pennsylvania State Police's
publicly accessible Internet website for dealers and other
persons to download the semi-automatic assault rifle safety
manual.
(4) Develop audiovisual materials for use by certified
instructors to conduct semi-automatic assault rifle safety
training.
(5) Solicit input from a reputable association or
organization, including a law enforcement association that
has as one of its objectives the promotion of semi-automatic
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assault rifle safety, in the development of audiovisual
materials and other instructional materials.
(6) Prescribe a minimum level of skill, knowledge and
competency to be required of semi-automatic assault rifle
safety instructors.
(7) Develop guidelines to govern the certification of
persons as semi-automatic assault rifle safety training
instructors.
(8) Develop guidelines to govern the issuance and
renewal of semi-automatic assault rifle safety certificates.
The guidelines may, at the discretion of the Pennsylvania
State Police, require the holder of the expiring or expired
certificate to pass an objective test.
(9) Develop a written objective test, prescribe the
objective test's content and the form and manner in which the
objective test may be administered by certified instructors
and make the objective test available to certified
instructors. The Pennsylvania State Police may establish a
secure link on the Pennsylvania State Police's publicly
accessible Internet website for certified instructors or
other authorized persons to download the objective tests.
(10) Develop procedures for the oral administration of
the objective test to persons with disabilities or language
barriers.
(11) Update objective test materials for semi-automatic
assault rifle safety training when determined appropriate,
but not less than once every five years.
(12) Require licensed dealers or employees of licensed
dealers who are also certified as semi-automatic assault
rifle safety instructors under this subchapter to designate a
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separate room or partitioned area for a person to take the
objective test and maintain adequate supervision to ensure
that no acts of collusion occur while the objective test is
being administered.
(c) Certification of instructors.--
(1) The Pennsylvania State Police shall certify persons
as semi-automatic assault rifle safety training instructors
in this Commonwealth.
(2) The Pennsylvania State Police may require applicants
for certification as semi-automatic assault rifle safety
training instructors in this Commonwealth to have prior
certification or firearm training from one of the following
agencies or organizations:
(i) The Federal Law Enforcement Training Center of
the United States Department of Homeland Security,
Firearm Instructor Training Program, range master
training or other Federal weapons training program as
determined by the Pennsylvania State Police.
(ii) The Pennsylvania State Police or a municipal
police department of this Commonwealth or of another
state, as approved by the Pennsylvania State Police.
(iii) A United States Armed Forces marksmanship or
weapons training instructor program, provided, however,
that a person's assignment as a range officer or safety
officer shall not be deemed sufficient for training
purposes.
(iv) The National Rifle Association or a sportsmen
or gun club.
(v) The Municipal Police Officers' Education and
Training Commission established under 53 Pa.C.S. Ch. 21
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Subch. D (relating to municipal police education and
training).
(vi) An accredited institution of higher education
in this Commonwealth that offers a class or course of
study in firearm training or safety.
(3) Nothing in this subsection shall be construed to
preclude the Pennsylvania State Police from certifying a
person as a certified instructor, provided that the person
applying for the certification holds a valid firearm safety
certificate or firearms or weapons instructor certification
from an agency or organization under paragraph (2).
(d) Content of objective test.--The objective test developed
by the Pennsylvania State Police for semi-automatic assault
rifle safety certification shall include the following:
(1) The laws applicable to carrying and handling semi-
automatic assault rifles in this Commonwealth.
(2) The safe handling of a semi-automatic assault rifle.
(3) Provisions of Federal and State law that relate to
the private sale and transfer of firearms and semi-automatic
assault rifles.
(4) Provisions of law that relate to the permissible use
of lethal force.
(5) Activity that constitutes safe storage of semi-
automatic assault rifles.
(6) Issues associated with bringing semi-automatic
assault rifles into a home with children.
(7) Harm prevention strategies to address issues
associated with bringing semi-automatic assault rifles into a
home.
(e) Semi-automatic assault rifle safety certificate.--The
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Pennsylvania State Police shall develop a semi-automatic assault
rifle safety certificate to be issued by certified instructors
to applicants who successfully passed a semi-automatic assault
rifle safety objective test in accordance with the requirements
of this subchapter. A semi-automatic assault rifle safety
certificate shall include the following:
(1) A unique semi-automatic assault rifle safety
certificate identification number.
(2) The holder's full name and date of birth.
(3) The holder's driver's license number or State
identification card number.
(4) The holder's signature.
(5) The signature of the issuing semi-automatic assault
rifle safety instructor.
(6) The date of issuance and expiration.
§ 6194. Issuance of semi-automatic assault rifle safety
certificate and objective test, renewal, fees and
expiration.
(a) Compliance required for issuance.--No certified
instructor may issue a semi-automatic assault rifle safety
certificate to a person who has not complied with this
subchapter. A certified instructor shall forward proof of
compliance to the Pennsylvania State Police in the form and
manner and at the times as prescribed by the Pennsylvania State
Police.
(b) Objective test required.--
(1) An applicant for a semi-automatic assault rifle
safety certificate must successfully pass the objective test
developed by the Pennsylvania State Police in accordance with
section 6193(d) (relating to Pennsylvania State Police) with
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a passing grade of at least 75%.
(2) (i) An applicant who fails to pass the objective
test upon the first attempt shall be offered additional
instructional materials by the instructor, such as the
semi-automatic assault rifle safety manual, a videotape
or instructional materials as may be approved by the
Pennsylvania State Police.
(ii) The applicant may not retake the objective test
under any circumstances until 15 days have elapsed after
the failure to pass the objective test upon the first
attempt.
(iii) If the applicant fails the objective test on
the first attempt, the applicant may take another version
of the objective test upon the second attempt.
(iv) If the applicant fails the objective test on a
second attempt, the applicant may not retake the
objective test until 30 days have elapsed after failure
to pass the objective test on the second and each
subsequent attempt.
(v) When feasible, all objective tests shall be
retaken from the same instructor except upon permission
by the Pennsylvania State Police, which permission shall
be granted only for good cause shown.
(vi) The instructor shall be available to the
applicant during regular business hours in order for the
applicant to retake the objective test.
(c) Issuance of certificate.--
(1) A person receiving a passing grade on the objective
test in accordance with subsection (b)(1) shall immediately
be issued a semi-automatic assault rifle safety certificate
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by the certified instructor.
(2) No certified instructor may issue a semi-automatic
assault rifle safety certificate to a person who is less than
18 years of age.
(d) Expiration and renewal of certificate.--
(1) A semi-automatic assault rifle safety certificate
issued by a certified instructor under subsection (b)(1)
shall expire five years from the date of issuance.
(2) In the case of the loss or destruction of a semi-
automatic assault rifle safety certificate, the issuing
instructor or the Pennsylvania State Police shall issue a
duplicate certificate upon request and proof of
identification to the certificate holder. A duplicate semi-
automatic assault rifle safety certificate shall be valid for
the balance of the unexpired term of the original
certificate.
(e) Fees.--
(1) In addition to a fee or charge that may be imposed
by a certified instructor for semi-automatic assault rifle
training, the certified instructor shall charge a fee of $30
for the issuance of a semi-automatic assault rifle safety
certificate. Twenty dollars of the fee shall be deposited in
the fund in accordance with subsection (f).
(2) A person seeking to renew an expiring or expired
semi-automatic assault rifle safety certificate may be
required to pass the objective test, as determined by the
Pennsylvania State Police. For the renewal of an expiring or
expired certificate, a certified instructor shall charge a
fee of $25, $15 of which shall be deposited in the fund in
accordance with subsection (f).
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(3) In the case of the loss or destruction of a semi-
automatic assault rifle safety certificate, the Pennsylvania
State Police may authorize the issuing instructor to charge a
fee of $15 for a duplicate certificate, $10 of which shall be
deposited in the fund in accordance with subsection (f).
(f) Semi-Automatic Assault Rifle Safety and Enforcement
Fund.--
(1) The Semi-Automatic Assault Rifle Safety and
Enforcement Fund is established as a restricted account in
the State Treasury. Money in the fund shall be expended by
the Pennsylvania State Police for the sole and exclusive
purpose of administering and enforcing this subchapter.
(2) The fund shall consist of all money received and
deposited into the fund by the Pennsylvania State Police in
accordance with subsection (e) and any interest thereon,
money which may be transferred by act of the General Assembly
and any other contributions, payments or deposits that are
made available to the fund.
§ 6195. Violations and penalties.
(a) Revocation of instructor certificate.--A violation of
this subchapter by a certified instructor shall be grounds for
the Pennsylvania State Police to revoke the instructor's
authority to provide semi-automatic assault rifle safety
training to persons applying for semi-automatic assault rifle
safety certification and to issue semi-automatic assault rifle
safety certificates to those persons.
(b) Acts of collusion.--It shall be unlawful for a person
to:
(1) Answer questions for an applicant taking the
objective test for semi-automatic assault rifle safety
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certification while the objective test is being administered.
(2) Knowingly grade an objective test for a semi-
automatic assault rifle safety certificate falsely.
(3) Provide an advance copy of the objective test to an
applicant seeking semi-automatic assault rifle safety
certification.
(4) Take or allow another person to take semi-automatic
assault rifle safety training for the applicant seeking a
semi-automatic assault rifle safety certificate.
(5) Take or allow another person to take the objective
test for the applicant seeking semi-automatic assault rifle
safety certification.
(6) Use or allow another to use an applicant's
identification for the purpose of obtaining a semi-automatic
assault rifle safety certificate.
(7) Allow a person to give an applicant for a semi-
automatic assault rifle safety certificate unauthorized
assistance during administration of the objective test.
(8) Use unauthorized materials while taking the
objective test and cheating by the applicant.
(c) Additional violations.--It shall be unlawful for a
person to:
(1) alter, counterfeit or falsify a semi-automatic
assault rifle safety certificate; or
(2) use or attempt to use any altered, counterfeited or
falsified semi-automatic assault rifle safety certificate to
purchase a semi-automatic assault rifle.
(d) Penalty.--A person who violates subsection (b) or (c)
commits a misdemeanor of the third degree.
§ 6196. Immunity from liability.
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The Pennsylvania State Police shall be immune from liability
which may arise from administering, implementing or enforcing
any provisions of this subchapter.
Section 4. This act shall take effect in 60 days.
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