Regular Session 2021-2022 House Bill 0271 P.N. 0243

PRINTER'S NO. 243

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

271

Session of

2021

INTRODUCED BY SHUSTERMAN, STURLA, SANCHEZ, HANBIDGE, ZABEL,

DALEY, HOWARD, FREEMAN, CIRESI, N. NELSON, DEASY, HOHENSTEIN,

DRISCOLL, ISAACSON, WEBSTER, SCHWEYER, McCLINTON, WARREN,

FRANKEL, McNEILL AND BRIGGS, JANUARY 26, 2021

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2021

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for definitions; in inchoate crimes, further

providing for prohibited offensive weapons; in assault,

further providing for discharge of a firearm into an occupied

structure; in theft and related offenses, further providing

for definitions; in riot, disorderly conduct and related

offenses, further providing for prohibiting of paramilitary

training; in firearms and other dangerous articles, further

providing for definitions, for persons not to possess, use,

manufacture, control, sell or transfer firearms, for firearms

not to be carried without a license, for prohibited conduct

during emergency, providing for 3-D printed firearms and

further providing for sale or transfer of firearms, for

firearm sales surcharge, for registration of firearms and for

licensing of dealers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 103 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 103. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this part, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"3-D printed firearm." Any computer or other electronic file

distributed for any firearm or part of a firearm that is

intended or capable of being manufactured or printed by a 3-D

printer.

"3-D printer." A computer-driven or otherwise electronic

machine capable of producing a three-dimensional object from a

digital model.

* * *

Section 2. The definition of "firearm" in section 908(c) of

Title 18 is amended to read:

§ 908. Prohibited offensive weapons.

* * *

words and phrases shall have the meanings given to them in this

subsection:

"Firearm." Any weapon, including a 3-D printed firearm,

which 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.

* * *

Section 3. The definition of "firearm" in section 2707.1(d)

of Title 18 is amended to read:

§ 2707.1. Discharge of a firearm into an occupied structure.

* * *

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Firearm." Any weapon, including a 3-D printed firearm,

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which is designed to or may readily be converted to expel any

projectile by the action of an explosion or the frame or

receiver of any such weapon.

* * *

Section 4. The definition of "firearm" in section 3901 of

Title 18 is amended to read:

§ 3901. Definitions.

Subject to additional definitions contained in subsequent

provisions of this chapter which are applicable to specific

provisions of this chapter, the following words and phrases when

used in this chapter shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Firearm." Any weapon, including a 3-D printed firearm, 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.

* * *

Section 5. The definition of "firearm" in section 5515(a) of

Title 18 is amended to read:

§ 5515. Prohibiting of paramilitary training.

(a) Definitions.--As used in this section the following

words and phrases shall have the meanings given to them in this

subsection:

* * *

"Firearm." Any weapon, including a 3-D printed firearm,

which 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.

* * *

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Section 6. The definition of "firearm" in section 6102 of

Title 18 is amended 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:

* * *

"Firearm." Any pistol or revolver with a barrel length less

than 15 inches, any shotgun with a barrel length less than 18

inches or any rifle with a barrel length less than 16 inches, or

any pistol, revolver, rifle or shotgun with an overall length of

less than 26 inches. The barrel length of a firearm shall be

determined by measuring from the muzzle of the barrel to the

face of the closed action, bolt or cylinder, whichever is

applicable. The term shall include a 3-D printed firearm.

* * *

Section 7. Sections 6105(i) and 6106(e)(1) of Title 18 are

amended to read:

§ 6105. Persons not to possess, use, manufacture, control, sell

or transfer firearms.

* * *

(i) Firearm.--As used in this section only, the term

"firearm" shall include any weapons, including 3-D printed

firearms, which are 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.

* * *

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§ 6106. Firearms not to be carried without a license.

* * *

(e) Definitions.--

(1) For purposes of subsection (b)(3), (4), (5), (7) and

(8), the term "firearm" shall include any weapon, including a

3-D printed firearm, which is designed to or may readily be

converted to expel any projectile by the action of an

explosive or the frame or receiver of the weapon.

* * *

Section 8. The definition of "firearm" in section 6107(c) of

Title 18 is amended to read:

§ 6107. Prohibited conduct during emergency.

* * *

words and phrases shall have the meanings given to them in this

subsection:

* * *

"Firearm." The term includes any weapon, including a 3-D

printed firearm, 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 weapon.

Section 9. Title 18 is amended by adding a section to read:

§ 6110.3. 3-D printed firearms.

(a) General rule.--No person may use a 3-D printer to create

a firearm or any piece or part of a firearm unless the person

possesses a license to manufacture firearms under 18 U.S.C. §

923(a) (relating to licensing).

(b) Serial number.--No person who possesses a license to

manufacture firearms under 18 U.S.C. § 923(a) and uses a 3-D

printer to create a firearm or any piece or part of a firearm

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may create a firearm or any piece or part of a firearm without

including a manufacturer's number.

(1) A person who violates subsection (a) shall be guilty

of a felony of the third degree.

(2) A person who violates subsection (b) shall be guilty

of a felony of the second degree.

(d) Definition.--As used in this section, the term "firearm"

shall have the same meaning as in section 6105(i) (relating to

persons not to possess, use, manufacture, control, sell or

transfer firearms).

Section 10. Sections 6111(f)(1), 6111.2(d), 6111.4 and

6113(d) of Title 18 are amended to read:

§ 6111. Sale or transfer of firearms.

* * *

(f) Application of section.--

(1) For the purposes of this section only, except as

provided by paragraph (2), "firearm" shall mean any weapon,

including a 3-D printed firearm, which 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.

* * *

§ 6111.2. Firearm sales surcharge.

* * *

(d) Definition.--As used in this section only, the term

"firearm" shall mean any weapon, including a 3-D printed

firearm, which is designed to or may readily be converted to

expel any projectile by the action of an explosion or the frame

or receiver of any such weapon.

§ 6111.4. Registration of firearms.

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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

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, including a 3-D

printed firearm, 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.

§ 6113. Licensing of dealers.

* * *

(d) Definitions.--For the purposes of this section and

section 6112 (relating to retail dealer required to be licensed)

only unless otherwise specifically provided, the term "firearm"

shall include any weapon, including a 3-D printed firearm, 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.

Section 11. This act shall take effect in 60 days.

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