Regular Session 2023-2024 House Bill 2206 P.N. 2923

PRINTER'S NO. 2923

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2206

Session of

2024

INTRODUCED BY BELLMON, RIGBY, VENKAT, HILL-EVANS, PIELLI, GIRAL,

DELLOSO, KINSEY, BRIGGS, SCHLOSSBERG, HOHENSTEIN, CURRY,

GUENST, KINKEAD, DONAHUE, SANCHEZ, SHUSTERMAN, BOROWSKI,

KENYATTA, BURGOS, BULLOCK, SAPPEY, WAXMAN, WEBSTER, McANDREW,

CERRATO, DALEY, PROBST, KHAN, CEPEDA-FREYTIZ, KIM AND STURLA,

APRIL 11, 2024

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 2024

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for sale or transfer of firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6111(b)(1), (1.1)(i) and (6) and (f)(2)

of Title 18 of the Pennsylvania Consolidated Statutes are

amended and the section is amended by adding a subsection to

read:

§ 6111. Sale or transfer of firearms.

* * *

(b) Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

licensed manufacturer, licensed dealer or licensed collector,

until the conditions of subsection (a) have been satisfied and

until he has:

(1) [For purposes of a firearm as defined in section

6102 (relating to definitions), obtained a completed

application/record of sale from the potential buyer or

transferee to be filled out in triplicate, the original copy

to be sent to the Pennsylvania State Police, postmarked via

first class mail, within 14 days of the sale, one copy to be

retained by the licensed importer, licensed manufacturer or

licensed dealer for a period of 20 years and one copy to be

provided to the purchaser or transferee. The form of this

application/record of sale shall be no more than one page in

length and shall be promulgated by the Pennsylvania State

Police and provided by the licensed importer, licensed

manufacturer or licensed dealer. The application/record of

sale shall include the name, address, birthdate, gender,

race, physical description and Social Security number of the

purchaser or transferee, the date of the application and the

caliber, length of barrel, make, model and manufacturer's

number of the firearm to be purchased or transferred. The

application/record of sale shall also contain the following

question:

Are you the actual buyer of the firearm(s), as defined

under 18 Pa.C.S. § 6102 (relating to definitions), listed

on this application/record of sale? Warning: You are not

the actual buyer if you are acquiring the firearm(s) on

behalf of another person, unless you are legitimately

acquiring the firearm as a gift for any of the following

individuals who are legally eligible to own a firearm:

(1) spouse;

(2) parent;

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(3) child;

(4) grandparent; or

(5) grandchild.] For purposes of a firearm as

defined in section 6102 (relating to definitions),

obtained a completed application/record of sale from the

potential buyer or transferee:

(i) A licensed importer, licensed manufacturer or

licensed dealer exempted under subsection (k) may

complete an application/record of sale in paper format

which shall be filled out in triplicate, with the

original copy to be sent to the Pennsylvania State

Police, postmarked via first class mail, within 14 days

of the sale.

(ii) A licensed importer, licensed manufacturer or

licensed dealer not exempted under subsection (k) shall

complete an electronic application/record of sale at the

time of transfer. A licensed importer, licensed

manufacturer or licensed dealer exempted under subsection

(k) who chooses not to complete an application/record of

sale in paper format shall complete an electronic

application/record of sale at the time of transfer. A

completed electronic application/record of sale shall be

transmitted to the Pennsylvania State Police.

(iii) A copy of the application/record of sale shall

be retained either in electronic or paper format by the

licensed importer, licensed manufacturer or licensed

dealer for a period of 20 years and a copy shall be

provided to the purchaser or transferee in electronic or

paper format.

(iv) The application/record of sale shall be no more

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than one page in length and shall be promulgated by the

Pennsylvania State Police and provided by the licensed

importer, licensed manufacturer or licensed dealer. The

application/record of sale shall include the name,

address, birth date, gender, race, physical description

and Social Security number of the purchaser or

transferee, the date of the application and the caliber,

length of barrel, make, model and manufacturer's number

of the firearm to be purchased or transferred. The

application/record of sale shall also contain the

following question:

Are you the actual buyer of the firearm(s), as

defined under 18 Pa.C.S. § 6102 (relating to

definitions), listed on this application/record

of sale? Warning: You are not the actual buyer if

you are acquiring the firearm(s) on behalf of

another person, unless you are legitimately

acquiring the firearm as a gift for any of the

following individuals who are legally eligible to

own a firearm:

(1) spouse;

(2) parent;

(3) child;

(4) grandparent; or

(5) grandchild.

(v) In the event of an electronic failure under

section 6111.1(b)(2) (relating to Pennsylvania State

Police) that affects the electronic application/record of

sale and upon notice from the Pennsylvania State Police,

a licensed importer, licensed manufacturer or licensed

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dealer shall proceed as if exempted under subsection (k)

and shall obtain a completed application/record of sale,

in paper format, from the potential buyer or transferee.

A licensed importer, licensed manufacturer or licensed

dealer shall proceed with the application/record of sale

as prescribed in subparagraphs (i) and (iii) until

notified by the Pennsylvania State Police that the

electronic failure no longer remains.

(1.1) On the date of publication in the Pennsylvania

Bulletin of a notice by the Pennsylvania State Police that

the instantaneous records check has been implemented, all of

the following shall apply:

(i) In the event of an electronic failure under

section 6111.1(b)(2) [(relating to Pennsylvania State

Police)] for purposes of a firearm which exceeds the

barrel and related lengths set forth in section 6102,

[obtained] a licensed importer, licensed manufacturer or

licensed dealer shall obtain a completed

application/record of sale in paper form from the

potential buyer or transferee to be filled out in

triplicate, the original copy to be sent to the

Pennsylvania State Police, postmarked via first class

mail, within 14 days of sale, one copy to be retained by

the licensed importer, licensed manufacturer or licensed

dealer for a period of 20 years and one copy to be

provided to the purchaser or transferee.

* * *

(6) Unless it has been discovered pursuant to a criminal

history, juvenile delinquency and mental health records

background check that the potential purchaser or transferee

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is prohibited from possessing a firearm pursuant to section

6105, no information received [via telephone following the

implementation of] by the instantaneous background check

system from a purchaser or transferee who has received a

unique approval number shall be retained by the Pennsylvania

State Police.

* * *

(f) Application of section.--

* * *

(2) The provisions contained in subsections (a) [and],

barrel length 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.

* * *

(k) Electronic reporting exemption.--A licensed importer,

licensed manufacturer or licensed dealer who conducts 20 or

fewer firearm sales and transfers per year shall not be required

to use an electronic application/record of sale. The following

shall apply:

(1) The Pennsylvania State Police shall conduct an

annual review of the transactions of each licensed importer,

licensed manufacturer and licensed dealer over the past

calendar year to determine whether the licensed importer,

licensed manufacturer or licensed dealer is exempted from the

use of an electronic application/record of sale. The

Pennsylvania State Police shall notify each licensed

importer, licensed manufacturer and licensed dealer of an

exemption to the use of an electronic application/record of

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sale no later than April 1 of each year.

(2) Nothing in this section shall be construed to

prohibit a licensed importer, licensed manufacturer or

licensed dealer from choosing to use an electronic

application/record of sale.

Section 2. This act shall take effect April 1, 2025.

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