THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, KITCHEN, WASHINGTON, TARTAGLIONE, HUGHES AND FARNESE, JANUARY 29, 2009

REFERRED TO JUDICIARY, JANUARY 29, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for purchase of handguns.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6105.2.  Purchase of handguns.

(a)  Handgun purchaser permit.--No person shall sell, give,

transfer, assign or otherwise dispose of, nor receive, purchase

or otherwise acquire a handgun unless the purchaser, assignee,

donee, receiver or holder is licensed as a dealer under this

chapter or has first secured a permit to purchase a handgun as

provided under this section.

(b)  Eligibility.--No person of good character and good

repute in the community in which he lives, and who is not

subject to any of the disabilities set forth under this section

or other sections of this chapter, shall be denied a handgun

purchaser permit, except as set forth under this subsection. No

handgun purchaser permit shall be issued to any of the following

persons:

(1)  A person who has been convicted of a crime.

(2)  A drug-dependent person, a person who is confined

for a mental disorder to a hospital, mental institution or

sanitarium, or to any person who is presently a habitual

drunkard.

(3)  A person who suffers from a physical defect or

disease which would make it unsafe for him to handle

handguns.

(4)  A person who has ever been confined for a mental

disorder or to an alcoholic, unless any of the foregoing

persons produces a certificate of a medical doctor or

psychiatrist licensed by the Commonwealth, or other

satisfactory proof, that he is no longer suffering from that

particular disability in a manner that would interfere with

or handicap him in the handling of handguns.

(5)  A person under 21 years of age.

(6)  A person where the issuance would not be in the

interest of the public health, safety or welfare.

(7)  A person who is the subject of an active protection

from abuse order issued pursuant to 23 Pa.C.S. § 6108 

(relating to relief), which order provided for the

relinquishment of firearms while the order is in effect.

(8)  A person who as a juvenile was adjudicated

delinquent for an offense which, if committed by an adult,

would constitute a crime, and the offense involved the

unlawful use or possession of a weapon, explosive or

destructive device.

(9)  A person whose firearm is seized pursuant to 23

Pa.C.S. § 6108 and whose firearm has not been returned.

(10)  A person who knowingly falsifies any information on

the application form for a handgun purchaser permit.

(c)  Issuance.--The chief of police of a full-time police

department of the municipality where the applicant resides or

the commissioner, in all other cases, shall, upon application,

issue to any person eligible under subsection (b) a handgun

purchaser permit.

(d)  Denials.--Any person aggrieved by the denial of a

handgun purchaser permit may request a hearing in the court of

common pleas of the county in which the applicant resides, if he

is a resident of this Commonwealth or in the court of common

pleas of the county in which the application was filed for a

nonresident. The request for a hearing shall be made in writing

within 30 days of the denial of the application. The applicant

shall serve a copy of the request for a hearing upon the chief

of police of the municipality in which the applicant resides, if

he is a resident of this Commonwealth, and upon the commissioner

in all cases. The hearing shall be held and a record made within

30 days of the receipt of the application for the hearing by the

judge of the court of common pleas. No formal pleading and no

filing fee shall be required as a preliminary to the hearing.

Appeals from the results of the hearing shall be in accordance

with the law.

(e)  Applications.--Applications for handgun purchaser

permits shall be in the form prescribed by the commissioner and

shall state the applicant's:

(1)  Name.

(2)  Residence.

(3)  Place of business.

(4)  Age.

(5)  Date of birth.

(6)  Occupation.

(7)  Sex.

(8)  Physical description, including distinguishing

physical characteristics, if any.

(9)  Whether the applicant is a citizen.

(10)  Whether the applicant is an alcoholic, habitual

drunkard or drug-dependent person.

(11)  Whether the applicant has ever been confined or

committed to a mental institution or hospital for treatment

or observation of a mental or psychiatric condition on a

temporary, interim or permanent basis, giving the name and

location of the institution or hospital and the dates of such

confinement or commitment.

(12)  Whether the applicant has been attended, treated or

observed by any doctor or psychiatrist or at any hospital or

mental institution on an inpatient or outpatient basis for

any mental or psychiatric condition, giving the name and

location of the doctor, psychiatrist, hospital or institution

and the dates of such occurrence.

(13)  Whether the applicant presently or ever has been a

member of any organization which advocates or approves the

commission of acts of force and violence to overthrow the

Government of the United States or of this Commonwealth, or

which seeks to deny others their rights under the

Constitution of the United States or the Constitution of

Pennsylvania.

(14)  Whether the applicant has ever been convicted of a

crime, or is subject to a protection from abuse order issued

pursuant to 23 Pa.C.S. § 6108, prohibiting the person from

possessing any firearm, and such other information as the

superintendent shall deem necessary for the proper

enforcement of this chapter.

For the purpose of complying with this subsection, the applicant

shall waive any statutory or other right of confidentiality

relating to institutional confinement. The application shall be

signed by the applicant and shall contain as references the

names and addresses of two reputable citizens personally

acquainted with him.

(f)  Application blanks.--Application blanks shall be

obtainable from the superintendent, from any other officer

authorized to grant a handgun purchaser permit and from licensed

retail dealers.

(g)  Fingerprints.--The chief police officer of the

municipality in which the applicant applies, or the

commissioner, shall obtain the fingerprints of the applicant and

shall have them compared with all records of fingerprints in the

municipality and county in which the applicant resides and also

the records of the Pennsylvania State Police and the Federal

Bureau of Investigation, provided that an applicant for a

handgun purchaser permit who possesses a valid and lawfully

issued license under this chapter, or who has previously

obtained a handgun purchaser permit from the same licensing

authority for which he was previously fingerprinted and who

provides other reasonably satisfactory proof of his identity,

need not be fingerprinted again; however, the chief police

officer or the commissioner shall proceed to investigate the

applicant to determine whether or not the applicant has become

subject to any of the disabilities set forth under this chapter.

(h)  Granting of permit; fee; term; renewal; revocation.--The

application for the handgun purchaser permit together with a fee

of $5 shall be delivered or forwarded to the licensing authority

which shall investigate the same and, unless good cause for

denying the application appears, shall grant the permit, if

application has been made, within 30 days from the date of

receipt of the application for residents of this Commonwealth

and within 45 days for nonresident applicants. A handgun

purchaser permit shall be valid for a period of 90 days from the

date of issuance and may be renewed by the issuing authority for

good cause for an additional 90 days. A handgun purchaser permit

shall not be valid if the holder becomes subject to any of the

disabilities set forth under subsection (b). In this case, the

permit shall be void and shall be returned within five days by

the holder to the commissioner, who shall then advise the

issuing authority. Failure of the holder to return the handgun

purchaser permit to the commissioner within five days shall be a

misdemeanor of the first degree. Any handgun purchaser permit

may be revoked by the court of common pleas of the county where

it was issued, after hearing upon notice, upon a finding that

the holder no longer qualifies for the issuance of a permit. The

county prosecutor of any county, the chief police officer of any

municipality or any citizen may apply to the court of common

pleas at any time for revocation of the permit.

(i)  Additional conditions or requirements.--There shall be

no conditions or requirements added to the form or content of

the application, or required by the licensing authority for the

issuance of a permit, other than those that are specifically set

forth under this section.

(j)  Disposition of fees.--All fees for permits shall be paid

to the State Treasury if the permit is issued by the

commissioner, to the municipality if issued by the chief of

police and to the county treasurer if issued by the judge of the

court of common pleas.

(k)  Form of permit; quadruplicate; disposition of copies.--

The permit shall be in the form prescribed by the commissioner

and shall be issued to the applicant in quadruplicate. Prior to

the time he receives the handgun from the seller, the applicant

shall deliver to the seller the permit in quadruplicate and the

seller shall complete all of the information required on the

form. Within five days of the sale, the seller shall forward the

original copy to the commissioner and the second copy to the

chief of police of the municipality in which the purchaser

resides, except that in a municipality having no chief of

police, such copy shall be forwarded to the commissioner. The

third copy shall be returned to the purchaser with the pistol or

revolver and the fourth copy shall be kept by the seller as a

permanent record.

(l)  Restriction on number of handguns a person may

purchase.--Only one handgun shall be purchased or delivered on

each permit.

(m)  Firearms passing to heirs or legatees.--Notwithstanding

any other provision of this section concerning the transfer,

receipt or acquisition of a firearm, a permit to purchase shall

not be required for the passing of a firearm upon the death of

an owner to his heir or legatee, whether the same be by

testamentary bequest or by the laws of intestacy. The person who

shall receive or acquire the firearm shall, however, be subject

to all other provisions of this chapter. If the heir or legatee

of the firearm does not qualify to possess or carry it, he may

retain ownership of it for the purpose of sale for a period not

exceeding 180 days or for a further limited period as may be

approved by the chief law enforcement officer of the

municipality in which the heir or legatee resides or the

commissioner, provided that the firearm is in the custody of the

chief law enforcement officer of the municipality or the

superintendent during the period.

(n)  Sawed-off shotguns.--Nothing in this section shall be

construed to authorize the purchase or possession of any sawed-

off shotgun.

(o)  Applicability.--Nothing in this section shall apply to

the sale or purchase of a visual distress signaling device

approved by the United States Coast Guard, solely for possession

on a private or commercial aircraft or any boat; provided,

however, that no person under 18 years of age shall purchase nor

shall any person sell to a person under 18 years of age such a

visual distress signaling device.

(p)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Commissioner."  The Commissioner of the Pennsylvania State

Police.

"Handgun."  Any pistol, revolver or other firearm originally

designed or manufactured to be fired by the use of a single

hand.

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