| PRINTER'S NO. 342 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 335 | Session of 2013 |
INTRODUCED BY THOMAS, SCHLOSSBERG, CLAY, HAGGERTY, O'BRIEN, V. BROWN, BROWNLEE, FRANKEL, YOUNGBLOOD, NEILSON, KINSEY, MURT AND COHEN, JANUARY 24, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 24, 2013
AN ACT
1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for licenses and for sale or
4transfer of firearms.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Sections 6109(c) and 6111(b)(1) of Title 18 of
8the Pennsylvania Consolidated Statutes are amended to read:
9§ 6109. Licenses.
10* * *
11(c) Form of application and content.--The application for a
12license to carry a firearm shall be uniform throughout this
13Commonwealth and shall be on a form prescribed by the
14Pennsylvania State Police. The form may contain provisions, not
15exceeding one page, to assure compliance with this section.
16Issuing authorities shall use only the application form
17prescribed by the Pennsylvania State Police. One of the
18following reasons for obtaining a firearm license shall be set
1forth in the application: self-defense, employment, hunting and
2fishing, target shooting, gun collecting or another proper
3reason. The application form shall be dated and signed by the
4applicant and shall contain the following statement:
5I have never been convicted of a crime that prohibits me
6from possessing or acquiring a firearm under Federal or
7State law. I am of sound mind and have never been
8committed to a mental institution and have never received
9mental health treatment on an inpatient or outpatient
10basis. I hereby certify that the statements contained
11herein are true and correct to the best of my knowledge
12and belief. I understand that, if I knowingly make any
13false statements herein, I am subject to penalties
14prescribed by law. I authorize the sheriff, or his
15designee, or, in the case of first class cities, the
16chief or head of the police department, or his designee,
17to inspect only those records or documents relevant to
18information required for this application. If I am issued
19a license and knowingly become ineligible to legally
20possess or acquire firearms, I will promptly notify the
21sheriff of the county in which I reside or, if I reside
22in a city of the first class, the chief of police of that
23city.
24* * *
25§ 6111. Sale or transfer of firearms.
26* * *
27(b) Duty of seller.--No licensed importer, licensed
28manufacturer or licensed dealer shall sell or deliver any
29firearm to another person, other than a licensed importer,
30licensed manufacturer, licensed dealer or licensed collector,
1until the conditions of subsection (a) have been satisfied and
2until he has:
3(1) For purposes of a firearm as defined in section 6102
4(relating to definitions), obtained a completed
5application/record of sale from the potential buyer or
6transferee to be filled out in triplicate, the original copy
7to be sent to the Pennsylvania State Police, postmarked via
8first class mail, within 14 days of the sale, one copy to be
9retained by the licensed importer, licensed manufacturer or
10licensed dealer for a period of 20 years and one copy to be
11provided to the purchaser or transferee. The form of this
12application/record of sale shall be no more than one page in
13length and shall be promulgated by the Pennsylvania State
14Police and provided by the licensed importer, licensed
15manufacturer or licensed dealer. The application/record of
16sale shall include the name, address, birthdate, gender,
17race, physical description and Social Security number of the
18purchaser or transferee, the date of the application and the
19caliber, length of barrel, make, model and manufacturer's
20number of the firearm to be purchased or transferred. The
21application/record of sale shall also contain the following
22[question] questions:
23Are you the actual buyer of the firearm(s), as defined
24under 18 Pa.C.S. § 6102 (relating to definitions), listed
25on this application/record of sale? Warning: You are not
26the actual buyer if you are acquiring the firearm(s) on
27behalf of another person, unless you are legitimately
28acquiring the firearm as a gift for any of the following
29individuals who are legally eligible to own a firearm:
30(1) spouse;
1(2) parent;
2(3) child;
3(4) grandparent; or
4(5) grandchild.
5Have you ever received mental health treatment on an
6inpatient or outpatient basis?
7* * *
8Section 2. This act shall take effect in 60 days.