PRINTER'S NO. 252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CRUZ, K. BOYLE, O'BRIEN, BROWNLEE, KINSEY, COHEN AND YOUNGBLOOD, JANUARY 23, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 23, 2013
5Section 1. Short title.
8Section 2. Definitions.
12"Antique firearm." Includes:
18(i) is not designed or redesigned for using rimfire
1or conventional centerfire fixed ammunition; or
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.
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,
4(b) Nonapplicability.--This section shall not apply to:
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.
4Section 4. Insurance.
7(1) Has not been convicted of a crime of violence.
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:
22(2) The age, sex and citizenship of the applicant.
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.
21Section 5. Additional duties of registrant.
22Each person holding a registration certificate shall:
23(1) Notify the Pennsylvania State Police of:
30(iii) The sale, transfer or other disposition of the
1firearm not less than 48 hours prior to delivery.
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.
19Section 7. Penalty.
20A person who violates this act commits a summary offense.
21Section 8. Regulations.
24Section 9. Acquisition or possession prohibited by law.
28Section 10. Effective date.
29This act shall take effect in 180 days.