PRINTER'S NO. 887

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

775

Session of

2013

 

 

 

INTRODUCED BY GROVE, M. K. KELLER, KAUFFMAN, TALLMAN, MULLERY, METCALFE, C. HARRIS, D. COSTA, FLECK, MILLER, GINGRICH, AUMENT, CUTLER, PICKETT, EVERETT, HESS, KORTZ, GABLER, READSHAW, GILLEN, STEVENSON, MOUL AND GIBBONS, FEBRUARY 25, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 25, 2013

 

 

 

AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for sale or transfer of firearms;
4and providing for completion of forms.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6111(b)(1) of Title 18 of the
8Pennsylvania Consolidated Statutes is amended to read:

9§ 6111. Sale or transfer of firearms.

10* * *

11(b) Duty of seller.--No licensed importer, licensed
12manufacturer or licensed dealer shall sell or deliver any
13firearm to another person, other than a licensed importer,
14licensed manufacturer, licensed dealer or licensed collector,
15until the conditions of subsection (a) have been satisfied and
16until he has:

17(1) For purposes of a firearm as defined in section 6102

1(relating to definitions), obtained a completed
2application/record of sale from the potential buyer or
3transferee to be filled out in triplicate, the original copy
4to be sent to the Pennsylvania State Police, postmarked via
5first class mail, within 14 days of the sale, one copy to be
6retained by the licensed importer, licensed manufacturer or
7licensed dealer for a period of 20 years and one copy to be
8provided to the purchaser or transferee. The form of this
9application/record of sale shall be no more than one page in
10length and shall be promulgated by the Pennsylvania State
11Police and provided by the licensed importer, licensed
12manufacturer or licensed dealer. The application/record of
13sale shall include the name, address, birthdate, gender,
14race, physical description and Social Security number of the
15purchaser or transferee, the date of the application and the
16caliber, length of barrel, make, model and manufacturer's
17number of the firearm to be purchased or transferred. The 
18application/record of sale may contain multiple firearms to 
19be purchased or transferred. The application/record of sale
20shall also contain the following question:

21Are you the actual buyer of the firearm(s), as defined
22under 18 Pa.C.S. § 6102 (relating to definitions), listed
23on this application/record of sale? Warning: You are not
24the actual buyer if you are acquiring the firearm(s) on
25behalf of another person, unless you are legitimately
26acquiring the firearm as a gift for any of the following
27individuals who are legally eligible to own a firearm:

28(1) spouse;

29(2) parent;

30(3) child;

1(4) grandparent; or

2(5) grandchild.

3* * *

4Section 2. Title 18 is amended by adding a section to read:

5§ 6128. Completion of forms.

6(a) Generally.--Except as provided under subsection (b), an
7applicant must personally complete the form for a license to
8carry a concealed firearm under section 6109 (relating to
9licenses) or the form for the purchase of a firearm under
10section 6111 (relating to sale or transfer of firearms) and
11certify that the answers are true, correct and complete by
12signing or making his or her mark on the form.

13(b) Exception.--If an applicant is unable to read or write,
14the forms described under subsection (a) may be completed as
15follows:

16(1) Answers to any questions on forms may be completed
17by another person.

18(2) The applicant must certify that the answers given
19are true, correct and complete by signing or making his or
20her mark on the form.

21(3) Two persons must sign as witnesses to the
22applicant's answers and signature.

23(c) Definitions.--The following words and phrases when used
24in this section shall have the meanings given to them in this
25subsection unless the context clearly indicates otherwise:

26"Answers to any questions on forms." The term shall include
27the applicant's name, address, personal identifying information
28and responses to questions that require an affirmative or
29negative response.

30"Another person." The term shall not include the seller of

1the firearm or the sheriff or his representative.

2"Two persons." The term shall not include the seller of the
3firearm or the sheriff or his representative.

4Section 3. This act shall take effect immediately.