PRINTER'S NO. 2320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1852
Session of
2023
INTRODUCED BY RABB AND HOHENSTEIN, NOVEMBER 15, 2023
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 15, 2023
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,
for Pennsylvania State Police and for licensing of dealers
and providing for security cameras, for lost and stolen
firearm reporting requirements and for inspection of retail
firearm dealer licensees and grant program; establishing the
Retail Licensee Inspection Fund and the Firearm Dealer Safety
Grant Program; imposing penalties; and making an
appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs 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:
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* * *
(8) Conducted a background check, as required under this
section, when an individual is seeking to sell a firearm on
consignment.
(9) Taken a written and photographic record of the
buyer's vehicle license plate and driver's license or
identification card issued by Federal, State or local
government.
* * *
Section 2. Section 6111.1(b) of Title 18 is amended by
adding a paragraph and the section is amended by adding a
subsection to read:
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
* * *
(5) The Pennsylvania State Police shall have the right
to suspend the operations of a licensed firearms dealer
within this Commonwealth if the dealer fails to pass a
required firearms dealer inspection.
* * *
(e.1) Appeal to firearms dealer suspension.--A licensed
firearms dealer suspended due to a failed inspection may
challenge the accuracy of that inspection by appealing to the
Pennsylvania State Police within 30 days from the date of the
suspension. The following apply:
(1) The Pennsylvania State Police shall conduct a review
of the accuracy of the information forming the basis for the
inspection failure and shall have the burden of proving the
accuracy of the inspection. The individual appealing the
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suspension may not sell, distribute or provide a firearm or
firearm accessory to any individual during the review period.
(2) Within 20 days after receiving an appeal, the
Pennsylvania State Police shall notify the appellant of the
basis for the original denial, including the jurisdiction and
docket number of any relevant court decision, and shall
provide the appellant an opportunity to provide additional
information.
(3) The Pennsylvania State Police shall engage in an
investigation and make a determination and shall communicate
a final decision to the appellant within 60 days of the
receipt of the appeal.
(4) If the appeal is ruled invalid, the appellant shall
have the right to appeal the decision to the Attorney General
within 30 days of the decision. The following apply:
(i) The Attorney General shall conduct a hearing de
novo in accordance with 2 Pa.C.S (relating to
administrative law and procedure).
(ii) The burden of proof shall be upon the
Commonwealth.
(iii) The decision of the Attorney General may be
appealed to Commonwealth Court by an aggrieved party.
* * *
Section 3. Section 6113(a) introductory paragraph and (b) of
Title 18 are amended and the section is amended by adding
subsections to read:
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
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prescribed under subsection (b.1) by the Pennsylvania State
Police, effective for three years from date of issue, permitting
the licensee to sell firearms direct to the consumer, subject to
the following conditions in addition to those specified in
section 6111 (relating to sale or transfer of firearms), for
breach of any of which the license shall be forfeited and the
licensee subject to punishment as provided in this subchapter:
* * *
(a.1) Application.--The application under subsection (a)
shall be submitted online or via a paper form. An applicant
wishing to submit a paper form must do so at the headquarters of
the Pennsylvania State Police, which shall assess an
administrative fee for the submission of the paper form.
(b) [Fee.--The fee for issuing said license shall be $30,
which fee shall be paid into the county treasury.] (Reserved).
(b.1) Licensing form requirements.--An individual who wishes
to sell a firearm directly to a consumer must apply for a
license using the Pennsylvania Firearms Seller License form or
another form required under Federal or State law.
(b.2) Reporting.--Information collected during the licensing
process shall be provided to the Pennsylvania State Police,
which shall prepare and disseminate quarterly reports detailing
and evaluating the information provided under this section and
make recommendations for statutory and regulatory changes to
improve compliance by firearm sellers and reduce the prevalence
of illegally sold, purchased or possessed firearms in this
Commonwealth.
(b.3) Insurance requirements.--An individual applying or
approved to be a licensed firearm dealer must have or shall
purchase business or general liability insurance within six
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months of the approval of the application to be a licensed
firearm dealer.
* * *
Section 4. Title 18 is amended by adding sections to read:
§ 6129. Security cameras.
(a) Surveillance.--Commencing January 1, 2024, a licensee
shall ensure the business premises of the licensee are monitored
by a digital video surveillance system that meets all of the
following requirements:
(1) The system shall clearly record images and, for
systems located inside the premises, audio of the area under
surveillance.
(2) Each camera shall be permanently mounted in a fixed
location. Cameras shall be placed in locations that allow the
cameras to clearly record activity occurring in all areas
described in paragraph (3) and reasonably produce recordings
that allow for the clear identification of any person.
(3) The areas recorded shall include, without
limitation, the following:
(i) All interior views of all entries or exits to
the premises.
(ii) All areas where firearms are displayed.
(iii) All points of sale, sufficient to identify the
parties involved in the transaction.
(4) The system shall continuously record 24 hours per
day at a frame rate no less than 15 frames per second.
(5) The media or device on which records are stored
shall be secured in a manner to protect the recording from
tampering, unauthorized access or use or theft.
(6) Recordings shall be maintained for a minimum of one
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year.
(7) Recorded images shall clearly and accurately display
the date and time.
(8) The system shall be equipped with a failure
notification system that provides notification to the
licensee of any interruption or failure of the system or
storage device.
(b) Permissions.--A licensee shall not use, share, allow
access or otherwise release recordings to any person except as
follows:
(1) A licensee shall allow access to the system to an
agent of the Pennsylvania State Police or a licensing
authority conducting an inspection of the licensee's
premises, for the purpose of inspecting the system for
compliance with this section and only if a warrant or court
order would not generally be required for that access.
(2) A licensee shall allow access to the system or
release recordings to any person pursuant to a search warrant
or other court order.
(3) A licensee may allow access to the system or release
recordings to any person in response to an insurance claim or
as part of the civil discovery process, including, but not
limited to, in response to subpoenas, requests for production
or inspection or other court order.
(c) Signage.--The licensee shall post a sign in a
conspicuous place at each entrance that states in block letters
no less than one inch in height the following disclaimer:
"THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE.
YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED."
(d) Certification.--A licensee shall, on an annual basis,
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provide certification to the department, in a manner prescribed
by the Pennsylvania State Police, that its video surveillance
system is in proper working order.
(e) Conflict.--This section does not preclude any local
authority or local governing body from adopting or enforcing
local laws or policies regarding video surveillance that do not
contradict or conflict with the requirements of this section.
§ 6130. Lost and stolen firearm reporting requirements.
(a) Duty to report.--A licensed firearm seller, dealer,
importer or manufacturer who suffers a loss or theft of a
firearm must, within 24 hours of the discovery of the loss or
theft, report the loss or theft, including the facts and
circumstances to the municipal police of the jurisdiction in
which the loss or theft is believed to have occurred or to the
Pennsylvania State Police. The licensed firearm seller, dealer,
importer or manufacturer must then report the theft to the
centralized database with technical assistance provided under
section 6131(b) (relating to inspection of retail firearm dealer
licensees and grant program) .
(b) Penalty.--Notwithstanding any other provision of law, a
licensed firearm seller, dealer, importer or manufacturer who
fails to report the loss or theft of a firearm under subsection
(a) within 24 hours of discovery shall be liable for certain
restitution, as decided in a court of law, resulting from a
crime committed with that firearm. A retailer that fails to
report a lost or stolen firearm that is later recovered in the
commission of the crime by law enforcement shall be subject to a
fine of $500 for each day from the date the retailer acquired
the gun until the date of recovery. Fines shall be deposited
into the Retail Licensee Inspection Fund established under
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section 6131(g).
§ 6131. Inspection of retail firearm dealer licensees and grant
program.
(a) Inspection.--An inspection of each licensed retail
firearm dealer shall be conducted at least once annually by each
municipality, county or the Pennsylvania State Police. If a
retailer is found to be or is under suspicion of violating this
section based on data from the Attorney General's Crime Gun
Database, the Pennsylvania State Police shall inspect that
retailer at least three times per year for a period of no less
than two years. Retailers that do not record sales
electronically or install security cameras in their parking lots
to record license plate numbers shall be subject to additional
quarterly inspections and may utilize the technical assistance
provided under subsection (b) and funding under subsection (h)
to procure electronic platforms to document firearm sales and
security cameras to record license plates.
(b) Technical assistance.--The Pennsylvania State Police,
the Office of Inspector General, the Office of Auditor General,
the Pennsylvania Commission on Crime and Delinquency and the
Municipal Police Officers' Education and Training Commission
shall provide technical assistance as needed to firearm sellers
to increase the use of digital data collection systems and
entities funded through the Retail Licensee Inspection Fund and
the Firearm Dealer Safety Grant Program to conduct an inspection
under subsection (a) or train an employee to conduct an
inspection. The Pennsylvania State Police shall create a
database to track the number of guns and crime guns traced to
particular dealers, as well as to provide dealers with a letter
grade from F, being the most problematic, to A, being the least
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problematic. The database shall be regularly maintained by the
Pennsylvania State Police and additional analytical
infrastructure added to facilitate automated email alerts to
State and local law enforcement when a firearm seller is flagged
as having sold a disproportionate number of firearms recovered
by law enforcement. The database shall be made available to the
public and shall include and track the following information:
(1) Whether the gun is connected to a felony.
(2) Whether an arrest was made associated with the
recovery of the weapon.
(3) If an arrest was made under paragraph (2), the
reason for the arrest.
(4) The outcome of the associated court case.
(c) Ineligibility.--Any dealer inspected due to a crime gun
within two consecutive years and found not to be in violation of
section 6130 (relating to lost and stolen firearm reporting
requirements) shall be ineligible for a crime-gun-related
inspection for two years after the second inspection. The dealer
shall be subject to random inspection.
(d) Determination.--Once every calendar year, the
Pennsylvania State Police shall calculate the percentage of
crime guns recovered in the past two years sold by each firearm
seller and the ratio of crime guns to guns sold by each seller.
A firearm seller shall be determined to have sold a
disproportionate number of crime guns if that seller is in the
top 1% of sellers of crime guns recovered in the past two years
or if that seller, as a proportion of that seller's total gun
sales, has sold a disproportionate number of crime guns
recovered in the past two years. A seller in the top 1% shall be
subject to inspection.
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(e) Exemption.--A firearm seller who is found to have sold a
disproportionate number of crime guns for two consecutive years,
but was also found not to be in violation of section 6130, shall
not be subject to an inspection required under subsection (d).
(f) Fees.--A licensing fee shall be assessed to retail
firearm dealers to be deposited into the Retail Licensee
Inspection Fund established under subsection (g). A 1% firearm
sales tax shall be paid by the firearm seller for each firearm
sold and a 1% ammunition tax shall be paid by the seller for
each unit of ammunition sold. The 1% tax under this subsection
shall also be applied to firearms that were purchased online but
were temporarily in the possession of a licensed firearm dealer
before transfer to the purchaser. Funds from the tax shall be
deposited into the Retail Licensee Inspection Fund.
(g) Fund.--The Retail Licensee Inspection Fund is
established as a separate fund in the Victims Compensation Fund
for the purposes of administering this section, funding to
support conducting inspections, providing grants to firearm
sellers to improve information systems, providing grants to
service providers for victims of gun violence, funding for
maintenance of a database, developing an analytical and
reporting mechanism to leverage information in the database,
funding to support research on the impact of this section
beginning in year five, installing cameras and secure storage,
storing camera data and partially deferring medical expenses due
to gunshot injuries for children under 13 years of age and
offset of funeral expenses for victims of gun violence. Payment
from the fund under this section shall be assigned on a first-
come, first-served basis and shall be capped at $100,000 per
payment. The sum of $50,000,000 shall be appropriated to the
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fund for the purposes of this section.
(h) Grant program.--The Firearm Dealer Safety Grant Program
is established and shall be administered by the Pennsylvania
Commission on Crime and Delinquency. Grants under the program
shall be used by municipalities and counties seeking to hire and
train staff to conduct inspections under this section. Federally
licensed firearm sellers may apply for grants to help defray
costs of purchasing security cameras, installing digital case
management systems to facilitate recordkeeping and purchasing
secure physical storage for firearms. Only applicants who apply
online shall be eligible for grant money. The sum of $5,000,000
of the amount appropriated to the Retail Licensee Inspection
Fund under subsection (g) shall be expended to make grants under
this section. Grant approval shall be overseen by a board
composed of one individual or designee from each of the
following organizations:
(1) The Municipal Police Officers' Education and
Training Commission.
(2) The Pennsylvania Commission on Crime and
Delinquency.
(3) The Pennsylvania State Police.
(4) The Office of Inspector General.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Crime gun." A firearm recovered by law enforcement:
(1) If the possession of the firearm was the criminal
offense.
(2) After use in a criminal offense or suspected use in
a criminal offense.
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"Disproportionate number of crime guns." Both:
(1) the number of crime guns sold compared to the number
of all firearms sold within this Commonwealth; and
(2) the number of crime guns a firearm dealer has sold
compared to the total amount of firearms that a dealer has
sold.
Section 5. This act shall take effect in 180 days.
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