PRIOR PRINTER'S NO. 660
PRINTER'S NO. 1150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
714
Session of
2023
INTRODUCED BY WARREN, VITALI, ZABEL, FRANKEL, CIRESI, BENHAM,
SCHLOSSBERG, SAPPEY, GUENST, DELLOSO, SAMUELSON, SANCHEZ,
MADDEN, VENKAT, PASHINSKI, GALLOWAY, FIEDLER, KRAJEWSKI,
STURLA, FREEMAN, KINKEAD, KINSEY, O'MARA, MALAGARI,
D. WILLIAMS, RABB, SALISBURY, SHUSTERMAN, MADSEN, HOWARD,
BOROWSKI, KHAN, ISAACSON, FRIEL, PIELLI, WAXMAN, BOYLE,
OTTEN, HANBIDGE, KRUEGER, CEPEDA-FREYTIZ, CURRY, WEBSTER AND
TAKAC, MARCH 27, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 3, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, repealing provisions relating to sale or transfer
of firearms, FURTHER PROVIDING FOR PENNSYLVANIA STATE POLICE
AND PROVIDING FOR DUTY TO REPORT TO UNITED STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(f)(2) of Title 18 of the
Pennsylvania Consolidated Statutes is repealed:
§ 6111. Sale or transfer of firearms.
* * *
(f) Application of section.--
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[(2) The provisions contained in subsections (a) and (c)
shall only apply to pistols or revolvers with a barrel length
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of less than 15 inches, any shotgun with a barrel length of
less than 18 inches, any rifle with a barrel length of less
than 16 inches or any firearm with an overall length of less
than 26 inches.]
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Section 2 3. This act shall take effect in 60 days.
SECTION 2. SECTION 6111.1(F)(1)(I) OF TITLE 18 IS AMENDED
AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 6111.1. PENNSYLVANIA STATE POLICE.
* * *
( B.1) NOTICE TO ATTORNEY GENERAL AND ICE.--IF AN
INSTANTANEOUS RECORDS CHECK PERFORMED UNDER THIS SECTION
INDICATES THAT A POTENTIAL PURCHASER OR TRANSFEREE OF A FIREARM
IS ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES, THE
PENNSYLVANIA STATE POLICE SHALL TRANSMIT TO THE ATTORNEY GENERAL
AND THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT A
NOTICE THAT THE POTENTIAL PURCHASER OR TRANSFEREE MAY HAVE
ATTEMPTED TO RECEIVE A FIREARM IN VIOLATION OF SECTION 6105(C)
(5) (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE,
CONTROL, SELL OR TRANSFER FIREARMS) AND 18 U.S.C. § 922(G)(5)
(RELATING TO UNLAWFUL ACTS). THE PENNSYLVANIA STATE POLICE SHALL
INCLUDE WITH THE NOTICE ALL RELEVANT INFORMATION POSSESSED BY
THE PENNSYLVANIA STATE POLICE.
* * *
(F) NOTIFICATION OF MENTAL HEALTH ADJUDICATION, TREATMENT,
COMMITMENT, DRUG USE OR ADDICTION.--
(1) NOTWITHSTANDING ANY STATUTE TO THE CONTRARY, JUDGES
OF THE COURTS OF COMMON PLEAS SHALL NOTIFY THE PENNSYLVANIA
STATE POLICE, ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE
POLICE, OF:
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(I) THE IDENTITY OF ANY INDIVIDUAL WHO HAS BEEN
ADJUDICATED AS AN INCOMPETENT OR AS A MENTAL DEFECTIVE OR
WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL
INSTITUTION UNDER THE ACT OF JULY 9, 1976 (P.L.817,
NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES ACT, OR
WHO HAS BEEN INVOLUNTARILY TREATED AS DESCRIBED IN
SECTION 6105(C)(4) [(RELATING TO PERSONS NOT TO POSSESS,
USE, MANUFACTURE, CONTROL, SELL OR TRANSFER FIREARMS)] OR
AS DESCRIBED IN 18 U.S.C. § 922(G)(4) [(RELATING TO
UNLAWFUL ACTS)] AND ITS IMPLEMENTING FEDERAL REGULATIONS;
AND
* * *
SECTION 3. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
§ 6129. DUTY TO REPORT TO UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT.
IF IT IS DISCOVERED AFTER A BACKGROUND CHECK THAT THE
POTENTIAL PURCHASER OR TRANSFEREE IS PROHIBITED FROM POSSESSING
A FIREARM IN ACCORDANCE WITH SECTION 6105(C)(5) (RELATING TO
PERSONS NOT TO POSSESS, USE, MANUFACTURE, CONTROL, SELL OR
TRANSFER FIREARMS), THAT INFORMATION SHALL BE REPORTED TO THE
UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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