1Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities
2Generally) of the Pennsylvania Consolidated Statutes,
3providing for a limit on handgun purchases and sales in
4cities of the first class; establishing the Violence
5Prevention Fund; and further providing for limitation on the
6regulation of firearms and ammunition and for limitation on
7municipal powers.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1.  Title 18 of the Pennsylvania Consolidated
11Statutes is amended by adding a section to read:

12§ 6111.6.  Limit on handgun purchases and sales in cities of the
13first class.

14(a)  Purchase of handgun.--No person may purchase more than
15one handgun in a city of the first class within any 30-day
16period.

17(b)  Sale of handgun.--No person may sell or cause to be sold
18to a person in a city of the first class more than one handgun
19within any 30-day period.

20(c)  Exceptions.--This section shall not apply to the

1following:

2(1)  A licensed firearm dealer who is purchasing the
3handguns in the ordinary course of business.

4(2)  A licensed firearm collector.

5(3)  A law enforcement agency or an agency authorized to
6perform law enforcement duties.

7(4)  State and local correctional facilities.

8(5)  A private security company licensed to do business
9within this Commonwealth.

10(6)  The purchase or sale of antique firearms.

11(7)  A person whose handgun is stolen or irretrievably
12lost if:

13(i)  the person provides the seller with an official
14copy of the police report of the lost or stolen handgun
15or a summary of the report on a form provided by the
16Pennsylvania State Police;

17(ii)  the police report or summary contains the name
18and address of the handgun owner, the description of the
19handgun, the location of the loss or theft, the date of
20the loss or theft and the date the loss or theft was
21reported to the law enforcement agency;

22(iii)  the date of the loss or theft as reflected on
23the police report or summary occurred within 30 days of
24the person's attempt to replace the handgun; and

25(iv)  the seller attaches an official copy of the
26police report or summary of the report to the original
27sales receipt or other document evidencing the original
28sale and retains it for a period prescribed by regulation
29of the Pennsylvania State Police.

30(d)  Grading.--

1(1)  Except as set forth in paragraph (2), a person who
2is convicted of violating subsection (a) or (b) commits a
3misdemeanor of the third degree.

4(2)  A second or subsequent offense under subsection (a)
5or (b) shall constitute a felony of the third degree.

6(e)  Disposition of fines collected.--The court imposing and
7collecting a fine under subsection (d) shall transfer the fines
8collected to the State Treasurer for deposit in the Violence
9Prevention Fund under subsection (f).

10(f)  Violence Prevention Fund.--There is established in the
11General Fund a nonlapsing, restricted receipt account to be
12known as the Violence Prevention Fund. Money in the fund is
13hereby appropriated to the Pennsylvania Commission on Crime and
14Delinquency solely for purposes of violence prevention and youth
15violence prevention, including youth education and activities
16designed to prevent violence and grants to law enforcement
17agencies for equipment and training designed to prevent gun-
18related injuries.

19(g)  Notice.--A seller shall notify each prospective
20purchaser that the purchase of more than one handgun in a 30-day
21period is prohibited under this section and of the applicable
22penalties.

23(h)  Handgun purchase history check.--In addition to any
24other duty prescribed by this section, a seller of a handgun
25shall request the Pennsylvania State Police to conduct a handgun
26purchase history check to investigate whether the prospective
27handgun purchaser is in compliance with this section. A handgun
28purchase history check shall be conducted in accordance with the
29procedures governing other background checks under this
30subchapter. A handgun purchase history check shall be conducted

1at the same time any criminal history, juvenile delinquency or
2mental health records check is required for a firearm purchase
3under this subchapter. Information related to a handgun purchase
4provided to the Pennsylvania State Police by a seller may be
5retained by the Pennsylvania State Police as necessary to
6monitor compliance with this section.

7(i)  Expiration.--This section shall expire seven years after
8it takes effect unless extended by statute.

9(j)  Definitions.--As used in this section, the following
10words and phrases shall have the meanings given to them in this
11subsection unless the context clearly indicates otherwise:

12"Handgun."  Either of the following:

13(1)  A firearm which has a short stock and is designed to
14be held and fired by the use of a single hand.

15(2)  Any combination of parts from which a firearm
16described under paragraph (1) can be assembled.

17"Licensed firearm collector."  A person who collects firearms
18and is licensed as a collector under 18 U.S.C. § 923 (relating
19to licensing).

20"Licensed firearm dealer."  A person who is licensed as a
21firearm dealer under 18 U.S.C. § 923 (relating to licensing).

22"Purchase."  The term does not include the exchange or
23replacement of a handgun by a seller or a handgun purchased from
24the seller by the same person seeking the exchange or
25replacement within the 30-day period immediately preceding the
26date of exchange or replacement.

27Section 2.  Section 6120(a) of Title 18 is amended and the
28section is amended by adding a subsection to read:

29§ 6120.  Limitation on the regulation of firearms and
30ammunition.

1(a)  General rule.--[No] Except as set forth in subsection 
2(a.2) and notwithstanding 53 Pa.C.S. § 2962(g) (relating to 
3limitation on municipal powers), no county, municipality or
4township may in any manner regulate the lawful ownership,
5possession, transfer or transportation of firearms, ammunition
6or ammunition components when carried or transported for
7purposes not prohibited by the laws of this Commonwealth.

8* * *

9(a.2)  Exception.--

10(1)  The governing body of a municipality may enact an
11ordinance that adopts the provisions of section 6111.6
12(relating to limit on handgun purchases and sales in cities
13of the first class).

14(2)  Prior to adopting the ordinance, the governing body
15shall adopt a proposed ordinance which shall include all of
16the following information:

17(i)  The provisions of section 6111.6.

18(ii)  The content of the ordinance that will be
19enacted, including the effective date.

20(iii)  A statement that the proposed ordinance is
21being adopted pursuant to and subject to the requirements
22of this section.

23(3)  The governing body must give public notice of its
24intent to adopt the proposed ordinance and hold at least one
25public hearing on the proposed ordinance prior to adoption.
26Publication of the notice shall be made by the advertisement
27once a week for three weeks in a newspaper of general
28circulation within the municipality if there is such a
29newspaper and, if there is not, then the publication shall be
30made in a newspaper of general circulation within the county

1in which the advertising municipality is located:

2(4)  For purposes of this section, the term
3"municipality" shall mean a city, borough or township. The
4term shall not include a city of the first class.

5* * *

6Section 3.  Section 2962(g) of Title 53 is amended to read:

7§ 2962.  Limitation on municipal powers.

8* * *

9(g)  Regulation of firearms.--[A] Except as set forth in 18 
10Pa.C.S. § 6120(a.2) (relating to limitation on the regulation of 
11firearms and ammunition), a municipality shall not enact any
12ordinance or take any other action dealing with the regulation
13of the transfer, ownership, transportation or possession of
14firearms.

15* * *

16Section 4.  This act shall take effect in 60 days.