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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, BAKER, BOYD, CALTAGIRONE, D. COSTA, CUTLER, DeWEESE, EVERETT, FLECK, GINGRICH, HARRIS, HESS, KAUFFMAN, M.K. KELLER, KORTZ, STEVENSON, TALLMAN, VULAKOVICH AND WHITE, JANUARY 26, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for sale or transfer |
3 | of firearms; and providing for completion of forms. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6111(b)(1) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes is amended to read: |
8 | § 6111. Sale or transfer of firearms. |
9 | * * * |
10 | (b) Duty of seller.--No licensed importer, licensed |
11 | manufacturer or licensed dealer shall sell or deliver any |
12 | firearm to another person, other than a licensed importer, |
13 | licensed manufacturer, licensed dealer or licensed collector, |
14 | until the conditions of subsection (a) have been satisfied and |
15 | until he has: |
16 | (1) For purposes of a firearm as defined in section 6102 |
17 | (relating to definitions), obtained a completed |
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1 | application/record of sale from the potential buyer or |
2 | transferee to be filled out in triplicate, the original copy |
3 | to be sent to the Pennsylvania State Police, postmarked via |
4 | first class mail, within 14 days of the sale, one copy to be |
5 | retained by the licensed importer, licensed manufacturer or |
6 | licensed dealer for a period of 20 years and one copy to be |
7 | provided to the purchaser or transferee. The form of this |
8 | application/record of sale shall be no more than one page in |
9 | length and shall be promulgated by the Pennsylvania State |
10 | Police and provided by the licensed importer, licensed |
11 | manufacturer or licensed dealer. The application/record of |
12 | sale shall include the name, address, birthdate, gender, |
13 | race, physical description and Social Security number of the |
14 | purchaser or transferee, the date of the application and the |
15 | caliber, length of barrel, make, model and manufacturer's |
16 | number of the firearm to be purchased or transferred. The |
17 | application/record of sale may contain multiple firearms to |
18 | be purchased or transferred. The application/record of sale |
19 | shall also contain the following question: |
20 | Are you the actual buyer of the firearm(s), as defined |
21 | under 18 Pa.C.S. § 6102 (relating to definitions), listed |
22 | on this application/record of sale? Warning: You are not |
23 | the actual buyer if you are acquiring the firearm(s) on |
24 | behalf of another person, unless you are legitimately |
25 | acquiring the firearm as a gift for any of the following |
26 | individuals who are legally eligible to own a firearm: |
27 | (1) spouse; |
28 | (2) parent; |
29 | (3) child; |
30 | (4) grandparent; or |
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1 | (5) grandchild. |
2 | * * * |
3 | Section 2. Title 18 is amended by adding a section to read: |
4 | § 6128. Completion of forms. |
5 | (a) Generally.--Except as provided under subsection (b), an |
6 | applicant must personally complete the form for a license to |
7 | carry a concealed firearm under section 6109 (relating to |
8 | licenses) or the form for the purchase of a firearm under |
9 | section 6111 (relating to sale or transfer of firearms) and |
10 | certify that the answers are true, correct and complete by |
11 | signing or making his or her mark on the form. |
12 | (b) Exception.--If an applicant is unable to read or write, |
13 | the forms described under subsection (a) may be completed as |
14 | follows: |
15 | (1) Answers to any questions on forms may be completed |
16 | by another person. |
17 | (2) The applicant must certify that the answers given |
18 | are true, correct and complete by signing or making his or |
19 | her mark on the form. |
20 | (3) Two persons must sign as witnesses to the |
21 | applicant's answers and signature. |
22 | (c) Definitions.--The following words and phrases when used |
23 | in this section shall have the meanings given to them in this |
24 | subsection unless the context clearly indicates otherwise: |
25 | "Answers to any questions on forms." The term shall include |
26 | the applicant's name, address, personal identifying information |
27 | and responses to questions that require an affirmative or |
28 | negative response. |
29 | "Another person." The term shall not include the seller of |
30 | the firearm or the sheriff or his representative. |
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1 | "Two persons." The term shall not include the seller of the |
2 | firearm or the sheriff or his representative. |
3 | Section 3. This act shall take effect immediately. |
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