THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY HUGHES, TARTAGLIONE AND LEACH, APRIL 6, 2011

REFERRED TO JUDICIARY, APRIL 6, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for definitions;

providing for personalized firearms; and prohibiting certain

sales of firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "firearm" in section 6102 of

Title 18 of the Pennsylvania Consolidated Statutes is amended

and the section is amended by adding a definition to read:

§ 6102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this subchapter which are applicable to specific

provisions of this subchapter, the following words and phrases,

when used in this subchapter shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

* * *

"Firearm."  Any pistol or revolver with a barrel length less

than 15 inches, any shotgun with a barrel length less than 18

inches or any rifle with a barrel length less than 16 inches, or

any pistol, revolver, rifle or shotgun with an overall length of

less than 26 inches. The barrel length of a firearm shall be

determined by measuring from the muzzle of the barrel to the

face of the closed action, bolt or cylinder, whichever is

applicable. The term includes a personalized firearm.

* * *

"Personalized firearm."  A firearm that incorporates within

its design, and as part of its original manufacture, technology

that automatically limits its operational use and which cannot

be readily deactivated, so that it may only be fired by an

authorized user. The technology limiting the firearm's

operational use may include radio frequency tagging, touch

memory, remote control, fingerprint, magnetic encoding and other

automatic user identification systems utilizing biometric,

mechanical or electronic systems. No make or model of a firearm

shall be deemed to be a "personalized firearm" unless the

Commissioner of Pennsylvania State Police has determined,

through testing or other reasonable means, that the firearm

meets any reliability standards that the manufacturer may

require for its commercially available firearms that are not

personalized or, if the manufacturer has no such reliability

standards, the firearm meets the reliability standards generally

used in the industry for commercially available firearms.

* * *

Section 2.  Title 18 is amended by adding sections to read:

§ 6128.  Personalized firearms.

(a)  Report.--No later than six months after the effective

date of this section, the commissioner shall report to the

Governor and the General Assembly as to the availability of

personalized firearms for retail sale purposes. If the

commissioner determines that personalized firearms are not

available for retail sale purposes, the Attorney General, every

six months thereafter, shall report to the Governor and the

General Assembly as to the availability of personalized firearms

for retail sale purposes until such time as the commissioner

shall deem that personalized firearms are available for retail

sale purposes and so report to the Governor and the General

Assembly. In making this determination, the commissioner may

consult with any other neutral and detached public or private

entity that may have useful information and expertise to assist

in determining whether, through performance and other relevant

indicators, a firearm meets the definition of a "personalized

firearm" as defined under section 6102 (relating to

definitions). For purposes of this subsection, personalized

firearms shall be deemed available for retail sale purposes if

at least one manufacturer has delivered at least one production

model of a personalized firearm to a licensed importer or

licensed dealer in this Commonwealth or any other state. The

term "production model" means a firearm which is the product of

a regular manufacturing process that produces multiple copies of

the same firearm model and shall not include a prototype or

other unique specimen that is offered for sale.

(b)  Duty of commissioner.--No later than one year from the

date the commissioner reports to the Governor and the General

Assembly that personalized firearms are available for retail

sale purposes under subsection (a), the commissioner shall

promulgate a list of personalized firearms that may be sold

within this Commonwealth. The list shall identify those

personalized firearms by manufacturer, model and caliber and

shall be made available to all licensed importers and licensed

dealers within this Commonwealth.

(c)  Update.--Whenever a firearm is determined to be a

personalized firearm, the commissioner shall report the

determination in writing to the Governor and the General

Assembly within 60 days. The commissioner shall promptly amend

and supplement the list created under subsection (b) to include

firearms which meet the definition of personalized firearm or to

remove previously approved firearms, if appropriate. Licensed

importers and licensed dealers in this Commonwealth shall be

immediately notified of any changes to the list. The

commissioner shall promulgate guidelines governing the manner in

which notice shall be provided.

(d)  Guidelines.--The commissioner shall promulgate

guidelines establishing the process through which firearm

manufacturers may demonstrate that their firearms meet the

definition of personalized firearm and request that their

firearm be added to the list. The guidelines may require that

the firearm manufacturer:

(1)  deliver one or more firearms to the commissioner or

designee for testing;

(2)  pay a reasonable application fee; and

(3)  pay any reasonable costs incurred in, or associated

with, the testing and independent scientific analysis of the

firearm, including any analysis of the technology the

manufacturer has incorporated within the firearm's design to

limit its operational use, that is conducted to determine

whether the firearm meets the definition of personalized

firearm.

§ 6129.  Prohibition on sales.

(a)  General rule.--Notwithstanding any other provision of

law to the contrary, beginning on the first day of the sixth

month following the preparation and delivery of the list of

personalized firearms that may be sold in this Commonwealth

under section 6128 (relating to personalized firearms), no

licensed importer, licensed manufacturer or licensed dealer may

transport into this Commonwealth, sell, expose for sale, possess

with the intent of selling, assign or otherwise transfer any

firearm unless it is a personalized firearm.

(b)  Exception.--The provisions of this section shall not

apply to the sale of antique firearms or to firearms to be sold,

transferred, assigned and delivered for official use to any of

the following:

(1)  law enforcement officers;

(2)  Federal law enforcement officers and any other

Federal officers and employees required to carry firearms in

the performance of their official duties; and

(3)  members of the armed forces of the United States or

the Pennsylvania National Guard.

Section 3.  This act shall take effect in 60 days.