1Relating to firearm registration; providing for duties of the
2Pennsylvania State Police; and imposing penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Short title.

6This act shall be known and may be cited as the Firearm
7Registration Act.

8Section 2.  Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Antique firearm."  Includes:

13(1)  Any firearm, including any firearm with a matchlock,
14flintlock, percussion cap or similar type of ignition system,
15manufactured in or before 1898.

16(2)  Any replica of any firearm described in paragraph
17(1) if the replica:

18(i)  is not designed or redesigned for using rimfire

1or conventional centerfire fixed ammunition; or

2(ii)  uses rimfire or conventional centerfire
3ammunition that is no longer manufactured in the United
4States and that is not readily available in the ordinary
5channels of commercial trade.

6(3)  Any firearm, other than a machine gun, which,
7although designed as a weapon, the Pennsylvania State Police
8finds by reason of the date of its manufacture, value, design
9and other characteristics is primarily a collector's item and
10is not likely to be used as a weapon.

11"Firearm."  A weapon which will or is designed or restored to
12expel a projectile or projectiles by the action of any
13explosive, the frame or receiver of any such device or any
14firearm muffler or silencer. The term shall not include:

15(1)  Antique firearms.

16(2)  Any device used exclusively for line-throwing,
17signaling or safety and required or recommended by the United
18States Coast Guard or Interstate Commerce Commission.

19(3)  Any device used exclusively for firing explosives,
20rivets, stud cartridges or any similar industrial ammunition
21incapable of use as a weapon.

22Section 3.  Registration.

23(a)  General rule.--All firearms in this Commonwealth shall
24be registered in accordance with this section. It shall be the
25duty of a person owning or possessing any firearm to cause the
26firearm to be registered. No person within this Commonwealth may
27possess, harbor, have under the person's control, transfer,
28offer for sale, sell, give, deliver or accept any firearm unless
29the person is the holder of a valid registration certificate for
30the firearm. No person within this Commonwealth may possess,

1harbor, have under the person's control, transfer, offer for
2sale, sell, deliver or accept any firearm which is
3unregisterable under this act.

4(b)  Nonapplicability.--This section shall not apply to:

5(1)  Firearms owned or under the direct control or
6custody of any Federal, State or local governmental authority
7maintained in the course of its official duties.

8(2)  Duty-related firearms owned and possessed by law
9enforcement officers who are not residents of this
10Commonwealth.

11(3)  Duty-related firearms owned and possessed by
12corrections officers who are not residents of this
13Commonwealth.

14(4)  Firearms owned, manufactured or processed by
15licensed manufacturers of firearms, bulk transporters or
16licensed sellers of firearms at wholesale or retail, provided
17that such persons have all licenses required by law.

18(5)  Any nonresident of this Commonwealth participating
19in any lawful recreational firearm-related activity in this
20Commonwealth, or on the way to or from the firearm-related
21activity in another jurisdiction, provided that the
22possession or control of the firearm is lawful in the
23jurisdiction in which the individual resides and that the
24weapon is either:

25(i)  Broken down in a nonfunctioning state.

26(ii)  Unloaded and enclosed in a case, firearm-
27carrying box, shipping box or other container.

28(6)  Private security personnel who possess or control
29any firearm or ammunition within this Commonwealth. Firearms
30under this paragraph shall be owned and maintained by the

1security firm employing the security personnel and shall be
2registered by the security firm in accordance with this
3section.

4Section 4.  Insurance.

5(a)  General rule.--No registration certificate shall be
6issued to any person unless the person:

7(1)  Has not been convicted of a crime of violence.

8(2)  Has not been convicted within the five years prior
9to the application of any violation of any law relating to
10the use, possession or sale of any narcotic or dangerous
11drug.

12(3)  Is not otherwise ineligible to possess a firearm
13under any Federal or State law.

14(b)  Application.--Every person who is required to register a
15firearm under this act shall obtain an application for
16registration of the firearm from the Pennsylvania State Police.
17The application shall be in writing and sworn under oath and
18shall require the following information:

19(1)  The name, home and business address, telephone
20number, date of birth and Social Security number of the
21applicant.

22(2)  The age, sex and citizenship of the applicant.

23(3)  The name of the manufacturer, the caliber or gauge,
24the model, type and serial number of each firearm to be
25registered.

26(4)  Two photographs taken within 30 days immediately
27prior to the date of filing the application equivalent to
28passport size showing the full face, head and shoulders of
29the applicant in a clear and distinguishing manner.

30(5)  Additional information as the Pennsylvania State

1Police may deem necessary to process the application.

2(c)  Fingerprinting.--The applicant or registrant shall
3submit to fingerprinting by the Pennsylvania State Police in
4accordance with procedures and regulations prescribed by the
5Pennsylvania State Police.

6(d)  Records.--The Pennsylvania State Police shall cause to
7be kept an accurate record of each application received and
8acted upon together with all other information and data
9pertaining to the application on all applications for owner's
10registration certificates issued or denied under this act.
11Applications for owner's registration certificates shall be
12numbered in consecutive numbers as filed, and each certificate
13issued shall be identified with the duplicate number of the
14application upon which it was issued and shall expire
15automatically one year from the date of issuance.

16(e)  Background check.--The Pennsylvania State Police shall
17conduct a criminal background check on the applicant to ensure
18compliance with this section. No application may be approved
19until and unless a criminal background check is completed.

20(f)  Procedure.--Within 30 days of receipt of an application,
21the Pennsylvania State Police, after consideration of the
22application for an owner's registration certificate and all
23information obtained relative to the application, shall either
24approve or deny the application and notify the applicant in
25writing of the determination.

26(g)  Approval.--In the event the application is approved, the
27Pennsylvania State Police shall issue to the applicant an
28owner's registration certificate which shall contain the
29applicant's name, residence, date of birth, photograph and other
30personal information as may be required by the Pennsylvania

1State Police. The owner's registration certificate shall not be
2transferable and shall be carried simultaneously with the
3firearm and shall be exhibited to any police officer upon demand
4for inspection. Registration shall not make lawful the carrying
5or possessing of a firearm if prohibited by law.

6(h)  Denial.--In the event the application is denied, the
7Pennsylvania State Police shall inform the applicant in writing
8of the denial. Any applicant who believes that the applicant's
9application is wrongfully denied may, within ten days after
10receiving notice of the denial, file a written appeal of the
11denial in accordance with 2 Pa.C.S. (relating to administrative
12law and procedure). Within three days after notification of a
13decision unfavorable to the applicant and all time for appeal
14having expired, the applicant shall surrender to the
15Pennsylvania State Police the firearm for which the applicant
16was denied registration.

17(i)  Renewal.--Each registrant must renew registration
18annually. Applications for renewal shall be made by a registrant
1960 days prior to the expiration of the current registration
20certificate.

21Section 5.  Additional duties of registrant.

22Each person holding a registration certificate shall:

23(1)  Notify the Pennsylvania State Police of:

24(i)  The loss, theft or destruction of the
25registration certificate or of a registered firearm
26within 48 hours of the discovery of the loss, theft or
27destruction.

28(ii)  A change in any of the information appearing on
29the registration certificate within 48 hours.

30(iii)  The sale, transfer or other disposition of the

1firearm not less than 48 hours prior to delivery.

2(2)  Return to the Pennsylvania State Police the
3registrant's copy of the registration certificate for any
4firearm which is lost, stolen, destroyed or otherwise
5disposed of within 48 hours.

6(3)  Keep any firearm in the registrant's possession
7unloaded and disassembled or bound by a trigger lock, gun
8safe or similar device unless the firearm is in the
9registrant's immediate possession and control while at the
10registrant's place of residence or business or while being
11used for lawful recreational purposes within this
12Commonwealth. This paragraph shall not apply to law
13enforcement personnel or security personnel while in the
14course of their employment.

15Section 6.  Application fee.

16A nonrefundable fee of $10 per firearm shall accompany each
17application for registration of a firearm and renewal of
18registration of a firearm.

19Section 7.  Penalty.

20A person who violates this act commits a summary offense.

21Section 8.  Regulations.

22The Pennsylvania State Police shall promulgate rules and
23regulations for the implementation of this act.

24Section 9.  Acquisition or possession prohibited by law.

25Nothing in this act shall make lawful the acquisition or
26possession of firearms or firearm accessories which is otherwise
27prohibited by law.

28Section 10.  Effective date.

29This act shall take effect in 180 days.