PRINTER'S NO. 139
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY WASHINGTON, FARNESE, STACK, WILLIAMS AND TARTAGLIONE, JANUARY 17, 2013
REFERRED TO JUDICIARY, JANUARY 17, 2013
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
20(c) Exceptions.--This section shall not apply to the
4(2) A licensed firearm collector.
7(4) State and local correctional facilities.
10(6) The purchase or sale of antique firearms.
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;
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.
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-
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.
12"Handgun." Either of the following:
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.
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* * *
17(i) The provisions of section 6111.6.
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:
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
15* * *
16Section 4. This act shall take effect in 60 days.