AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, providing for a limit on handgun purchases and
4sales; and establishing the Violence Prevention Account
5within the General Fund.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 18 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10§ 6111.6. Limit on handgun purchases.

11(a) Purchase of handgun.--No person may purchase more than
12one handgun in this Commonwealth within any 30-day period.

13(b) Sale of handgun.--No person may sell or cause to be sold
14to a person in this Commonwealth more than one handgun within
15any 30-day period.

16(c) Exceptions.--This section shall not apply to the
17following:

18(1) A licensed firearm dealer.

19(2) A licensed firearm collector.

1(3) A law enforcement agency or an agency authorized to
2perform law enforcement duties.

3(4) State and local correctional facilities.

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

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

7(7) A person whose handgun is stolen or irretrievably
8lost if:

9(i) the person provides the seller with an official
10copy of the police report of the lost or stolen handgun,
11or a summary of the report on a form provided by the
12Pennsylvania State Police;

13(ii) the police report or summary contains the name
14and address of the handgun owner, the description of the
15handgun, the location of the loss or theft, the date of
16the loss or theft and the date the loss or theft was
17reported to the law enforcement agency;

18(iii) the date of the loss or theft as reflected on
19the police report or summary occurred within 30 days of
20the person's attempt to replace the handgun; and

21(iv) the seller attaches an official copy of the
22police report or summary of the report to the original
23sales receipt or other document evidencing the original
24sale and retains it for the period prescribed by
25regulation of the Pennsylvania State Police.

26(d) Grading.--

27(1) Except as set forth in paragraph (2), a person that
28is convicted of violating subsection (a) or (b) commits a
29misdemeanor of the third degree.

30(2) A person that, after being sentenced under paragraph

1(1), is convicted of violating subsection (a) or (b) commits
2a felony of the third degree.

3(e) Disposition of fines collected.--The court imposing and
4collecting a fine under subsection (d) shall transfer the fines
5thus collected to the State Treasurer for deposit in the
6account.

7(f) Violence Prevention Account.--The Violence Prevention
8Account is established within the General Fund as a nonlapsing,
9restricted receipt account. Money in the account is hereby
10appropriated on a continuing basis to the Pennsylvania
11Commission on Crime and Delinquency exclusively for purposes of
12violence prevention and youth violence prevention, including
13youth education and activities designed to prevent violence and
14grants to law enforcement agencies for equipment and training
15designed to prevent gun-related injuries.

16(g) Notice.--A seller shall notify each prospective
17purchaser that the purchase of more than one handgun in a 30-day
18period is prohibited under this section and of the applicable
19penalties.

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

1provided to the Pennsylvania State Police by a seller may be
2retained by the Pennsylvania State Police as necessary to
3monitor compliance with this section.

4(i) Definitions.--As used in this section, the following
5words and phrases shall have the meanings given to them in this
6subsection unless the content clearly indicates otherwise:

7"Account." The Violence Prevention Account established by
8this section.

9"Handgun." Either of the following:

10(1) A firearm which has a short stock and is designed to
11be held and fired by the use of a single hand.

12(2) Any combination of parts from which a firearm
13described under paragraph (1) can be assembled.

14"Licensed firearm collector." A person who collects firearms 
15and is licensed as a collector under 18 U.S.C. § 923 (relating 
16to licensing).

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

19"Purchase." Does not include the exchange or replacement of 
20a handgun by a seller for a handgun purchased from the seller by 
21the same person seeking the exchange or replacement within the 
2230-day period immediately preceding the date of exchange or 
23replacement.

24Section 2. This act shall take effect in 60 days.