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PRINTER'S NO. 252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
290
Session of
2019
INTRODUCED BY A. WILLIAMS, COSTA, COLLETT AND HAYWOOD,
FEBRUARY 14, 2019
REFERRED TO JUDICIARY, FEBRUARY 14, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for sale or transfer of firearms
and for registration of firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6111(b)(1.1)(v) and 6111.4 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
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the instantaneous records check has been implemented, all of
the following shall apply:
* * *
(v) [Unless it has been discovered pursuant to a
criminal history, juvenile delinquency 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), no information on the application/record of
sale 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.] The Pennsylvania State
Police shall retain information received from the
application/record of sale provided under this subsection
through retention of the application/record of sale or
through entering the information contained in the
application/record of sale onto a computer.
* * *
§ 6111.4. Registration of firearms.
[Notwithstanding any section of this chapter to the contrary,
nothing in this chapter shall be construed to allow any
government or law enforcement agency or any agent thereof to
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create, maintain or operate any registry of firearm ownership
within this Commonwealth. For the purposes of this section only,
the term "firearm" shall include any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any such
weapon.] (a) General rule.--Every person who owns, possesses,
purchases or otherwise receives ownership of a firearm under
section 6111 (relating to sale or transfer of firearms), or who
brings or causes to be brought into this Commonwealth a firearm,
shall register the firearm with the Pennsylvania State Police
within seven days of acquisition of the firearm or within seven
days after the firearm is brought into this Commonwealth.
(b) Registration form.--
(1) Every person required to register a firearm under
this section shall submit registration on a form prescribed
by the Pennsylvania State Police. The registration form shall
be uniform throughout this Commonwealth and include the
following:
(i) The name, address, birth date, gender, race,
physical description and Social Security number of the
registrant.
(ii) The date of registration.
(iii) The caliber, length of barrel, make, model and
manufacturer's number of the firearm to be registered.
(2) Every licensed importer, licensed manufacturer or
licensed dealer who sells or otherwise transfers ownership or
possession of a firearm to a person shall provide the
registration form to the person receiving ownership or
possession of the firearm.
(3) The Pennsylvania State Police may retain information
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received from the registration form through retention of the
registration form or through entering the information on the
registration form onto a computer.
(c) Confidentiality.--All information provided by a
registrant under this section, including the name or identity of
the potential purchaser, transferee or registrant, shall be
confidential and not subject to public disclosure, except as may
be required:
(1) for processing the registration;
(2) by a law enforcement agency for the lawful
performance of its duties; or
(3) by order of a court.
(d) Renewal.--Every person required to register a firearm
under this section shall renew the registration annually.
(e) Notification of changes.--The registrant shall notify
the Pennsylvania State Police of any changes to the information
provided on the registration within seven days of the change of
information.
(f) Registration fee.--The Pennsylvania State Police may
establish a fee by regulation to cover the reasonable and
necessary costs to develop and furnish the application and to
store the registration information required by this section.
(g) Penalty.--Any person who violates this section commits a
summary offense.
(h) Rules and regulations.--The Pennsylvania State Police
shall promulgate rules and regulations necessary to implement
this section, including regulations to ensure the
confidentiality and security of all records and data provided
under this section.
(i) Nonapplicability.--
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(1) This section shall not apply to any of the
following:
(i) Firearms owned or possessed by a law enforcement
officer maintained or used in the course of the officer's
official duties.
(ii) Firearms lawfully owned, possessed or in the
custody of any Federal, State or local law enforcement
agency.
(iii) Firearms sold or transferred between Federal
firearms licensees.
(iv) Firearms purchased or acquired by a chief law
enforcement officer or the officer's designee for the
official use of law enforcement officers.
(v) Firearms owned or possessed by a corrections
officer in the course of the officer's official duties.
(vi) Firearms in the lawful possession of a private
security officer in the course of the officer's official
duties for a private security company. The firearm must
be registered by the private security company.
(vii) Firearms owned or possessed by licensed
manufacturers or licensed dealers, bulk transporters or
licensed sellers at wholesale or retail, provided that
such persons have obtained all licenses as required by
Federal, State and local laws.
(viii) Firearms owned or possessed by any
nonresident of this Commonwealth participating in any
lawful recreational firearm-related activity in this
Commonwealth or in any other jurisdiction, provided that
the firearm shall be disassembled in a nonfunctioning
state and unloaded.
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(2) As used in this subsection, the term "chief law
enforcement officer" means the Commissioner of Pennsylvania
State Police, the chief or head of a police department, a
county sheriff, the chief of police for a city of the first
class or any equivalent law enforcement official.
(j) Construction.--Nothing contained in this section shall
be construed to make unlawful any act of a law enforcement
officer which is performed in the lawful performance of the law
enforcement officer's official duties.
(k) Definition.--As used in this section, the term "firearm"
shall mean any weapon that is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of such weapon. The term does not
include antique firearms as defined in section 6118 (relating to
antique firearms).
Section 2. This act shall take effect in 180 days.
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