Regular Session 2023-2024 House Bill 0777 P.N. 2578

PRIOR PRINTER'S NO. 726

PRINTER'S NO. 2578

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

777

Session of

2023

INTRODUCED BY CEPHAS, KENYATTA, MADDEN, ISAACSON, KINSEY,

PIELLI, GIRAL, KINKEAD, RABB, D. WILLIAMS, HOHENSTEIN,

BULLOCK, KHAN, FIEDLER, SCHLOSSBERG, STEELE, CIRESI, WAXMAN,

BOROWSKI, KRAJEWSKI, McNEILL, SHUSTERMAN, SANCHEZ, WARREN,

DELLOSO, PARKER, STURLA, GALLOWAY, GALLAGHER, SCHWEYER,

GREEN, BOYD, FRANKEL, VITALI, HOWARD, OTTEN, SAPPEY, O'MARA,

DALEY, A. BROWN AND ABNEY, MARCH 30, 2023

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2024

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for definitions and providing for

the offense of sale of firearm or firearm parts without

serial numbers and for privately made firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6102 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding definitions 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:

* * *

"Destroyed firearm frame or receiver." A frame or receiver

that has been permanently altered not to provide housing or a

structure that may hold or integrate any fire control or

essential internal component, is not readily convertible and may

not readily be assembled, completed or restored to a functional

state. Acceptable methods of destruction include completely

melting, crushing or shredding the frame or receiver or

completely severing at least three critical areas of the frame

or receiver using a cutting torch having a tip of sufficient

size to displace at least 1/4 inch of material at each location.

"Federal firearms licensee." A dealer, manufacturer or

importer who is licensed by the United States Bureau of Alcohol,

Tobacco, Firearms and Explosives to engage in the business of

manufacturing, importing or dealing in firearms.

* * *

"Fire control or essential internal component." A component

necessary for the firearm to initiate, complete or continue the

firing sequence, including a hammer, bolt, bolt carrier,

breechblock, cylinder, trigger mechanism, firing pin, striker or

slide rails.

"Firearm frame or receiver." A part of a firearm that, when

assembled, is visible from the exterior and provides housing or

a structure designed to hold or integrate one or more fire

control components, including pins, a hammer, bolts, a bolt

carrier, breechblock, cylinder, trigger mechanism, firing pin,

striker, slide rail or other attachments that are required to

connect components to the housing or structure necessary for the

firearm to initiate, complete or continue a firing sequence.

"Firearm kit." A collection of most or all of the

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components, finished or unfinished, necessary to complete a

functional firearm within a short period of time. The term

includes jigs, templates, instructions, drill bits and tools

that allow the purchaser to complete the weapon to a functional

state with minimal effort, expertise or equipment.

"Firearm muffler or silencer frame or receiver." A part of

the firearm that, when the complete device is assembled, is

visible from the exterior and provides housing or a structure,

including an outer tube or modular piece designed to hold or

integrate one or more essential internal components of the

device, including a baffle, baffling material or expansion

chamber.

* * *

"Partially complete, disassembled or inoperable firearm frame

or receiver." A frame or receiver that has reached a stage in

manufacture where it may readily be completed, assembled or

restored to a functional state or is readily convertible to a

functional state. The term includes a forging, casting,

printing, extrusion, machined body or similar article that has

reached a stage in manufacture where it is clearly identifiable

as an unfinished component part of a weapon.

* * *

"Privately made firearm." A firearm or firearm frame or

receiver, assembled or otherwise produced by a person other than

a Federal firearms licensee that does not contain a serial

number or other identifying markings placed by a Federal

firearms licensee at the time the firearm was produced.

"Readily convertible." An object that can be so converted

without any special skill on the part of the person converting

it and the work involved in converting it does not require

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equipment or tools other than such as are in common use by a

person carrying out works of construction and maintenance in the

person's home.

"Split or modular firearm frame or receiver." A firearm with

more than one part that provides housing or a structure designed

to hold or integrate one or more fire control or essential

internal components. The term includes frames or receivers of

different weapons that are combined to create a similar weapon

with each retaining respective classifications as frames or

receivers provided the original design and configuration of the

frames or receivers remains unaltered.

* * *

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

§ 6110.3. Sale of firearm or firearm parts without serial

numbers.

(a) Offense defined.--

(1) A person who sells OR OTHERWISE TRANSFERS any of the

following, separately or as part of a firearm kit, not

imprinted with a serial number registered with a Federal

firearms licensee, commits a felony of the second THIRD

degree:

(i) a firearm frame or receiver;

(ii) a firearm muffler or silencer frame or

receiver;

(iii) a split or modular firearm frame or receiver;

(iv) a partially complete, disassembled or

inoperable firearm frame or receiver.

(2) A person who, with the purpose to manufacture or

otherwise assemble a firearm and without being registered or

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licensed to do so under 18 U.S.C. § 923(a) (relating to

licensing), purchases or otherwise obtains separately or as

part of a firearm kit any of the following that is not

imprinted with a serial number registered with a Federal

firearms licensee, commits a felony of the second degree:

(i) a firearm frame or receiver;

(ii) a firearm muffler or silencer frame or

receiver;

(iii) a split or modular firearm frame or receiver;

(iv) a partially complete, disassembled or

inoperable firearm frame or receiver.

(b) Exception.--The sale, purchase or acquisition of a

destroyed firearm frame or receiver shall not constitute an

offense under this section.

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

subsection unless the context clearly indicates otherwise:

"Firearm." A weapon that is designed to or is readily

convertible to expel any projectile by the action of an

explosive or the frame or receiver of any weapon.

§ 6110.4. Privately made firearms.

(a) Licensee requirements.--A Federal firearms licensee

shall:

(1) Regarding a privately made firearm that was acquired

prior to the effective date of this paragraph and that is

still in the possession of the licensee, conduct one of the

following within 60 days of the effective date of this

paragraph or prior to the date of disposition, whichever is

sooner:

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(i) properly mark the firearm, unless already marked

by another licensee;

(ii) arrange to have another licensee properly mark

the firearm on their behalf; or

(iii) destroy or surrender the firearm to law

enforcement.

(2) Regarding a privately made firearm that is acquired

by a licensee after the effective date of this paragraph,

conduct one of the following within seven days following the

date of receipt or other acquisition of the firearm,

including from a personal collection or before the date of

disposition, whichever is sooner:

(i) properly mark the firearm, unless already marked

by another licensee;

(ii) arrange for another Federal firearms licensee

to properly mark the firearm; or

(iii) destroy or surrender the firearm to law

enforcement.

(3) Record privately made firearms in the Federal

firearms licensee's acquisition and disposition records,

whether or not kept overnight and update acquisition entries

with information marked on privately made firearms.

(b) Prohibition.--Federal firearms licensees who are dealers

or gunsmiths may not perform repairs, modify, embellish,

refurbish or install parts in or on firearms, firearm frames or

receivers or other firearm parts for or on behalf of a licensed

importer or licensed manufacturer.

the right to refuse to accept, purchase, properly mark, perform

repairs, modify, embellish, refurbish or install parts in or on

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any privately made firearms.

(d) Applicability.--Subsection (a) shall not apply to a

Federal firearms licensee who:

(1) Purchases or otherwise obtains a firearm frame or

firearm receiver, uses the firearm frame or receiver in the

assembly of a firearm and places a serial number on the

completed firearm as required under subsection (a).

(2) Obtains a privately made firearm for the purpose of

properly marking the firearm as required under subsection

(a).

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

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

subsection unless the context clearly indicates otherwise:

"Conspicuous." Identification markings that are capable of

being easily seen with normal handling of the firearm and

unobstructed by other markings when the complete firearm is

assembled.

"Firearm." A weapon that is designed to or is readily

convertible to expel any projectile by the action of an

explosive or the frame or receiver of any weapon.

"Legible." Identification markings that use exclusively

Roman letters and Arabic numerals, or solely Arabic numerals,

and may include a hyphen.

"Properly mark." The legible and conspicuous identification

of each frame or receiver of a firearm subject to the

identification procedures in 27 CFR 478.92 (relating to

identification of firearms and armor piercing ammunition by

licensed manufacturers and licensed importers).

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

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