PRINTER'S NO.  138

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

SENATE BILL

No.

191

Session of

2013

 

 

 

INTRODUCED BY WASHINGTON, FARNESE, FONTANA, WILLIAMS AND TARTAGLIONE, JANUARY 17, 2013

 

 

REFERRED TO JUDICIARY, JANUARY 17, 2013

 

 

 

AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for a limit on handgun
3purchases and sales; and establishing the Violence Prevention
4Fund.

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

7Section 1.  Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 6111.6.  Limit on handgun purchases.

10(a)  Purchase of handgun.--No person may purchase more than
11one handgun in this Commonwealth within any 30-day period.

12(b)  Sale of handgun.--No person may sell or cause to be sold
13to a person in this Commonwealth more than one handgun within
14any 30-day period.

15(c)  Exceptions.--This section shall not apply to the
16following:

17(1)  A licensed firearm dealer.

18(2)  A licensed firearm collector.

19(3)  A law enforcement agency or an agency authorized to

1perform law enforcement duties.

2(4)  State and local correctional facilities.

3(5)  A private security company licensed to do business
4within this Commonwealth.

5(6)  The purchase or sale of antique firearms.

6(7)  A person whose handgun is stolen or irretrievably
7lost if:

8(i)  the person provides the seller with an official
9copy of the police report of the lost or stolen handgun,
10or a summary of the report on a form provided by the
11Pennsylvania State Police;

12(ii)  the police report or summary contains the name
13and address of the handgun owner, the description of the
14handgun, the location of the loss or theft, the date of
15the loss or theft and the date the loss or theft was
16reported to the law enforcement agency;

17(iii)  the date of the loss or theft as reflected on
18the police report or summary occurred within 30 days of
19the person's attempt to replace the handgun; and

20(iv)  the seller attaches an official copy of the
21police report or summary of the report to the original
22sales receipt or other document evidencing the original
23sale and retains it for the period prescribed by
24regulation of the Pennsylvania State Police.

25(d)  Grading.--

26(1)  Except as set forth in paragraph (2), a person that
27is convicted of violating subsection (a) or (b) commits a
28misdemeanor of the third degree.

29(2)  A person that, after being sentenced under paragraph
30(1), is convicted of violating subsection (a) or (b) commits

1a felony of the third degree.

2(e)  Disposition of fines collected.--The court imposing and
3collecting a fine under subsection (d) shall transfer the fines
4thus collected to the State Treasurer for deposit in the
5Violence Prevention Fund under subsection (f).

6(f)  Violence Prevention Fund.--There is established in the
7General Fund a nonlapsing, restricted receipt account to be
8known as the Violence Prevention Fund. Money in the fund is
9appropriated to the Pennsylvania Commission on Crime and
10Delinquency solely for purposes of violence prevention and youth
11violence prevention, including youth education and activities
12designed to prevent violence and grants to law enforcement
13agencies for equipment and training designed to prevent gun-
14related injuries.

15(g)  Notice.--A seller shall notify each prospective
16purchaser that the purchase of more than one handgun in a 30-day
17period is prohibited under this section and of the applicable
18penalties.

19(h)  Handgun purchase history check.--In addition to any
20other duty prescribed by this section, a seller of a handgun
21shall request the Pennsylvania State Police to conduct a handgun
22purchase history check to investigate whether the prospective
23handgun purchaser is in compliance with this section. A handgun
24purchase history check shall be conducted in accordance with the
25procedures governing other background checks under this
26subchapter. A handgun purchase history shall be conducted at the
27same time any criminal history, juvenile delinquency or mental
28health records check is required for a firearm purchase under
29this subchapter. Information related to a handgun purchase
30provided to the Pennsylvania State Police by a seller may be

1retained by the Pennsylvania State Police as necessary to
2monitor compliance with this section.

3(i)  Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection unless the content clearly indicates otherwise:

6"Handgun."  Either of the following:

7(1)  A firearm which has a short stock and is designed to
8be held and fired by the use of a single hand.

9(2)  Any combination of parts from which a firearm
10described under paragraph (1) can be assembled.

11"Licensed firearm collector."  A person who collects firearms 
12and is licensed as a collector under 18 U.S.C. § 923 (relating 
13to licensing).

14"Licensed firearm dealer."  A person who is licensed as a 
15firearm dealer under 18 U.S.C. § 923 (relating to licensing).

16"Purchase."  Does not include the exchange or replacement of 
17a handgun by a seller for a handgun purchased from the seller by 
18the same person seeking the exchange or replacement within the 
1930-day period immediately preceding the date of exchange or 
20replacement.

21Section 2.  This act shall take effect in 60 days.