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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD, BISHOP, CRUZ AND M. O'BRIEN, APRIL 5, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, providing for a safety performance |
3 | standard for the manufacture of handguns, for the forfeiture |
4 | of certain handguns and for enforcement relating to a safety |
5 | standard for handguns; imposing penalties; and conferring |
6 | powers and imposing duties on the Pennsylvania State Police. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Chapter 61 of Title 18 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding a subchapter to read: |
11 | SUBCHAPTER E |
12 | HANDGUN SAFETY STANDARDS |
13 | Sec. |
14 | 6191. Definitions. |
15 | 6192. Safety standard. |
16 | 6193. Enforcement. |
17 | 6194. Exemptions. |
18 | 6195. Penalties. |
19 | § 6191. Definitions. |
20 | The following words and phrases when used in this subchapter |
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1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Antique firearm." Either of the following: |
4 | (1) A firearm, including a firearm with a matchlock, |
5 | flintlock, percussion cap or similar type of ignition system, |
6 | manufactured in or before 1898. |
7 | (2) A replica of a firearm described in paragraph (1) if |
8 | the replica: |
9 | (i) is not designed or redesigned for using rimfire |
10 | or conventional center fire fixed ammunition; or |
11 | (ii) uses rimfire or conventional center fire fixed |
12 | ammunition which is no longer manufactured in the United |
13 | States and which is not readily available in the ordinary |
14 | channels of commercial trade. |
15 | "Authorized user." A person who owns a handgun or a person |
16 | to whom the owner has given consent to use the handgun. |
17 | "Handgun." A firearm which has a short stock and is designed |
18 | to be held and fired by the use of a single hand and any |
19 | combination of parts from which a firearm can be assembled. |
20 | "Handgun manufacturer." A person engaged in the business of |
21 | manufacturing handguns for the purpose of sale or distribution. |
22 | "Pawnbroker." A person whose business or occupation includes |
23 | the taking or receiving, by the way of pledge or pawn, any |
24 | firearm as security for the payment or repayment of money. |
25 | "Person." An individual, corporation, company, association, |
26 | firm, partnership, society or joint stock company. |
27 | "Safety standard." The handgun safety performance standard |
28 | described in section 6192 (relating to safety standard). |
29 | "Seller" or "dealer." A person: |
30 | (1) engaged in the business of selling firearms at |
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1 | wholesale or retail; |
2 | (2) engaged in the business of repairing firearms or of |
3 | making or fitting special barrels, stocks or trigger |
4 | mechanisms to firearms; or |
5 | (3) who is a pawnbroker. |
6 | § 6192. Safety standard. |
7 | (a) Scope.--This section applies to all handguns |
8 | manufactured, possessed, sold, offered for sale, traded, |
9 | transferred, shipped, leased, distributed or acquired within |
10 | this Commonwealth. |
11 | (b) Requirements.--The Pennsylvania State Police shall |
12 | promulgate regulations prescribing a handgun safety performance |
13 | standard. The safety standard shall include the following |
14 | requirements: |
15 | (1) A handgun shall be personalized so that it can only |
16 | be fired when operated by that handgun's authorized user or |
17 | users. |
18 | (2) The technology establishing personalized handguns |
19 | shall be incorporated into the design of a handgun and be |
20 | part of its original equipment and not an accessory. |
21 | (3) No personalized handgun may be manufactured to |
22 | permit the personalized characteristics to be readily |
23 | deactivated. |
24 | (c) Formulation of testing procedures.--The Pennsylvania |
25 | State Police shall formulate the necessary testing procedure to |
26 | determine if a handgun complies with the safety standard. |
27 | (d) Designation of testing laboratories.--The Commissioner |
28 | of the Pennsylvania State Police shall designate one or more |
29 | independent laboratories for determining whether handguns comply |
30 | with the safety standard. The laboratories shall use the test |
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1 | method formulated by the Pennsylvania State Police to determine |
2 | compliance. |
3 | (e) Handgun manufacturer's compliance.-- |
4 | (1) In accordance with subsection (b), handgun |
5 | manufacturers wishing to manufacture, sell, offer for sale or |
6 | transfer handguns in this Commonwealth shall submit a |
7 | prototype of the handgun model for testing, at the |
8 | manufacturer's cost, to one of the independent laboratories |
9 | designated by the Pennsylvania State Police. |
10 | (2) The laboratory shall issue a report directly to the |
11 | Pennsylvania State Police and a copy to the manufacturer |
12 | indicating whether the submitted handgun met or did not meet |
13 | the safety standard. If the submitted handgun did not meet |
14 | the safety standard, the report shall describe the reasons |
15 | therefor. |
16 | (3) If the handgun model fails to meet the safety |
17 | standard it shall be unlawful for it to be manufactured, |
18 | possessed, sold, offered for sale, traded, transferred, |
19 | shipped, leased, distributed or acquired by anyone in this |
20 | Commonwealth until: |
21 | (i) It has been modified to meet the safety |
22 | standard. |
23 | (ii) It has passed the independent laboratory test |
24 | on resubmission. |
25 | (4) If the handgun model meets the safety standard, the |
26 | Pennsylvania State Police shall issue a certificate stating |
27 | that the handgun model meets the safety standard; and the |
28 | words, "certified personalized handgun" or an equivalent |
29 | label, as established by the Pennsylvania State Police, shall |
30 | be imprinted on the approved handguns at the manufacturer's |
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1 | expense. |
2 | (5) If a handgun model is deemed to meet the safety |
3 | standard, the manufacturer, seller or possessor may not alter |
4 | the design of the handgun in any manner affecting the safety |
5 | of the handgun. |
6 | § 6193. Enforcement. |
7 | (a) Noncompliant handguns prohibited.--On or after four |
8 | years from the date of the adoption of the original safety |
9 | standard by the Pennsylvania State Police, no handgun that fails |
10 | to meet the standard may be manufactured, possessed, sold, |
11 | offered for sale, traded, transferred, shipped, leased, |
12 | distributed or acquired in this Commonwealth. |
13 | (b) Seizure.--If a police officer, during the course of |
14 | official duties and operating within existing constitutional |
15 | constraints on police searches and seizures, discovers a handgun |
16 | which under the provisions of this subchapter does not meet the |
17 | safety standard, the officer shall take possession of the |
18 | handgun. The handgun shall be forfeited to the Commonwealth and |
19 | shall be destroyed. |
20 | (c) Enjoining violators.--The Attorney General shall bring |
21 | an action on behalf of the Commonwealth against a seller, |
22 | manufacturer or possessor of handguns to enjoin further |
23 | violations of this subchapter and for such other relief as may |
24 | be appropriate. |
25 | § 6194. Exemptions. |
26 | The following handguns are exempt from this subchapter: |
27 | (1) Antique handguns legally purchased or acquired in |
28 | accordance with current laws. |
29 | (2) Handguns manufactured prior to four years from the |
30 | date of the adoption of the original safety standard. |
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1 | However, such handguns may not be sold, offered for sale, |
2 | traded, transferred, shipped, leased or distributed by |
3 | dealers after four years from the date of the adoption of the |
4 | original safety standard. |
5 | (3) Handguns purchased by police departments, sheriffs |
6 | and law enforcement officers and members of the armed forces |
7 | of the United States and all components of the armed forces, |
8 | including reserve and Pennsylvania National Guard forces. |
9 | (4) Handguns possessed by law enforcement officers on |
10 | official assignment in this Commonwealth from any state which |
11 | by agreement permits police officers from this Commonwealth |
12 | while on assignment in that state to carry firearms without |
13 | registration. |
14 | (5) Handguns that are a part of the official equipment |
15 | of any Federal agency. |
16 | § 6195. Penalties. |
17 | (a) Penalty for violation.--A person that violates this |
18 | subchapter by manufacturing, possessing, selling, offering for |
19 | sale, trading, transferring or acquiring a handgun which has not |
20 | been certified by an independent testing laboratory as meeting |
21 | the safety standard and is not subject to section 6194 (relating |
22 | to exemptions) commits a felony of the third degree. |
23 | (b) Penalty for altering personalized handguns.--A person |
24 | that violates this subchapter by altering the personalized |
25 | characteristics of a handgun manufactured, possessed, sold, |
26 | offered for sale, traded, transferred, shipped, leased, |
27 | distributed or acquired, after four years from the date of the |
28 | adoption of the original safety standard, commits a felony of |
29 | the third degree. |
30 | (c) Entities subject to penalty.--The penalties set forth in |
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1 | this section apply to all public and private manufacturers, |
2 | possessors, sales, offers for sale, trades, transfers, |
3 | shipments, leases, distributions or acquisitions of handguns. |
4 | Section 2. This act shall take effect in 60 days. |
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