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PRINTER'S NO. 2076
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1832
Session of
2021
INTRODUCED BY ISAACSON, SCHLOSSBERG, HOHENSTEIN AND SANCHEZ,
SEPTEMBER 2, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 2, 2021
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(b), (c) and (f)(1) and (2) of Title
18 of the Pennsylvania Consolidated Statutes 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) For purposes of a firearm [as defined in section
6102 (relating to definitions), obtained a completed
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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 the sale, one copy to be
retained by the licensed importer, licensed manufacturer or
licensed dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee.], obtained a
completed application/record of sale from the potential
purchaser or transferee. The potential purchaser or
transferee must deliver, in person, the original
application/record of sale to a Pennsylvania State Police
station or headquarters prior to purchase or transfer, unless
the purchaser or transferee has a documented illness or
disability that severely limits the purchaser's or
transferee's ability to travel, as determined by the
Pennsylvania State Police, in which case the original
application/record of sale must be transmitted in a manner
approved by the Pennsylvania State Police. After receipt of
the original application/record of sale, the Pennsylvania
State Police shall conduct a criminal history, juvenile
delinquency history and a mental health record check of the
purchaser or transferee and complete the application/record
of sale as necessary. The Pennsylvania State Police shall
produce three copies of the completed application/record of
sale, retain the original completed copy and provide two
copies to the purchaser or transferee. In order to complete
the purchase or transfer of the firearm, the purchaser or
transferee must deliver one of the two copies to the licensed
importer, licensed manufacturer or licensed dealer who shall
retain the copy for a period of 20 years. The purchaser or
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transferee shall retain the final copy for a period of 20
years. The form of this 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. The
application/record of sale shall include the name, address,
birthrate, gender, race, physical description and Social
Security number of the purchaser or transferee, the date of
the application and the caliber, length of barrel, make,
model and manufacturer's number of the firearm to be
purchased or transferred. The application/record of sale
shall also contain the following question:
Are you the actual buyer of the firearm(s)[, as defined
under 18 Pa.C.S. § 6102 (relating to definitions),]
listed on this application/record of sale? Warning: You
are not the actual buyer if you are acquiring the
firearm(s) on behalf of another person, unless you are
legitimately acquiring the firearm as a gift for any of
the following individuals who are legally eligible to own
a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.
(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
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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
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 and mental health records
background check which shall be completed within ten days
of receipt of the information from the [dealer] potential
purchaser or transferee, 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. If
any information contained within the application/record
of sale is determined to be inaccurate, or the
information provided is inadequate for the purpose of
identifying the purchaser or transferee for the
performance of a criminal history, juvenile delinquency
and mental health records background check, the purchaser
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or transferee may not purchase the firearm and the
purchaser or transferee may not attempt to purchase
another firearm until a period of at least 14 days has
elapsed.
[(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 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.
(1.2) Fees collected under paragraph (3) and section
6111.2 (relating to firearm sales surcharge) shall be
transmitted to the Pennsylvania State Police within 14 days
of collection.
(1.3) In addition to the criminal penalty under section
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6119 (relating to violation penalty), any person who
knowingly and intentionally maintains or fails to destroy any
information submitted to the Pennsylvania State Police for
purposes of a background check pursuant to [paragraphs (1.1)
and (1.4)] paragraph (1.1) or violates section 6111.4 shall
be subject to a civil penalty of $250 per violation, entry or
failure to destroy.
[(1.4) Following implementation of the instantaneous
records check by the Pennsylvania State Police on or before
December 1, 1998, no application/record of sale shall be
completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A
statement shall be submitted by the dealer to the
Pennsylvania State Police, postmarked via first class mail,
within 14 days of the sale, containing the number of firearms
sold which exceed the barrel and related lengths set forth in
section 6102, the amount of surcharge and other fees remitted
and a list of the unique approval numbers given pursuant to
paragraph (4), together with a statement that the background
checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania
State Police.]
(2) Inspected photoidentification of the potential
purchaser or transferee, including, but not limited to, a
driver's license, official Pennsylvania photoidentification
card or official government photoidentification card. In the
case of a potential buyer or transferee who is a member of a
recognized religious sect or community whose tenets forbid or
discourage the taking of photographs of members of that sect
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or community, a seller shall accept a valid-without-photo
driver's license or a combination of documents, as prescribed
by the Pennsylvania State Police, containing the applicant's
name, address, date of birth and the signature of the
applicant.
[(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history 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.]
(3.1) Required the purchaser or transferee to deliver
the application/record of sale to a Pennsylvania State Police
station or headquarters and request a criminal history,
juvenile delinquency history and a mental health record
check. The purchaser or transferee shall provide such
information as is necessary to accurately identify the
purchaser or transferee from the application/record of sale.
The purchaser or transferee must pay a fee equivalent to the
cost of providing the service, which fee may not exceed $2.
If any information contained in the application/record of
sale is determined to be inaccurate, or the information
provided is inadequate for the purpose of identifying the
purchaser or transferee for the performance of a criminal
history, juvenile delinquency and mental health records
background check, the purchaser or transferee shall be unable
to purchase the firearm(s) in question and the purchaser or
transferee shall not attempt to purchase another firearm
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until a period of at least 14 days has elapsed.
(4) Received a unique approval number [for that inquiry
from the Pennsylvania State Police and recorded the date and
the number on the application/record of sale form] and date
of approval as included on the completed application/record
of sale that the purchaser or transferee received from the
Pennsylvania State Police.
(5) Issued a receipt containing the information from
paragraph (4), including the unique approval number of the
purchaser. This receipt shall be prima facie evidence of the
purchaser's or transferee's compliance with the provisions of
this section.
(6) 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, 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.
(7) For purposes of the enforcement of 18 U.S.C. §
922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
the event the criminal history or juvenile delinquency
background check indicates a conviction for a misdemeanor
that the Pennsylvania State Police cannot determine is or is
not related to an act of domestic violence, the Pennsylvania
State Police shall issue a temporary delay of the approval of
the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or
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investigation of the conviction with courts, local police
departments, district attorneys and other law enforcement or
related institutions as necessary to determine whether or not
the misdemeanor conviction involved an act of domestic
violence. The Pennsylvania State Police shall conduct the
review or investigation as expeditiously as possible. No
firearm may be transferred by the dealer to the purchaser who
is the subject of the investigation during the temporary
delay. The Pennsylvania State Police shall notify the dealer
of the termination of the temporary delay and either deny the
sale or provide the unique approval number under paragraph
(4).
(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm to another unlicensed person shall do so only
upon the place of business of a licensed importer, manufacturer,
dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the
seller of the firearm. [The provisions of this section shall not
apply to transfers between spouses or to transfers between a
parent and child or to transfers between grandparent and
grandchild.]
* * *
(f) Application of section.--
(1) For the purposes of this section only, [except as
provided by paragraph (2),] "firearm" shall mean any weapon
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.
[(2) The provisions contained in subsections (a) and (c)
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shall only apply to pistols or revolvers with a barrel length
of less than 15 inches, any shotgun with a barrel length of
less than 18 inches, any rifle with a barrel length of less
than 16 inches or any firearm with an overall length of less
than 26 inches.]
* * *
Section 2. This act shall apply to transactions that occur
on or after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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