PRINTER'S NO. 4056

        INTRODUCED BY FRANKEL, L. I. COHEN, M. COHEN, CORRIGAN, COSTA,
           CURRY, EVANS, JOSEPHS, MELIO, MICHLOVIC, PRESTON, RAMOS,
           ROEBUCK, ROONEY, STETLER, THOMAS, WASHINGTON AND WILLIAMS,
           OCTOBER 5, 2000

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 5, 2000

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the sale or
     3     transfer of firearms.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6111(b)(1) and (1.1)(v) of Title 18 of
     7  the Pennsylvania Consolidated Statutes are 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

     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. Nothing
    17     in this chapter shall preclude the Pennsylvania State Police
    18     from retaining, as provided for in this paragraph, copies of
    19     the applications/records of sale for the purpose of
    20     maintaining a data base.
    21         (1.1)  On the date of publication in the Pennsylvania
    22     Bulletin of a notice by the Pennsylvania State Police that
    23     the instantaneous records check has been implemented, all of
    24     the following shall apply:
    25             * * *
    26             (v)  Unless it has been discovered pursuant to a
    27         criminal history, juvenile delinquency and mental health
    28         records background check that the potential purchaser or
    29         transferee is prohibited from possessing a firearm
    30         pursuant to section 6105 (relating to persons not to
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     1         possess, use, manufacture, control, sell or transfer
     2         firearms), no information on the application/record of
     3         sale provided pursuant to this [subsection] paragraph
     4         shall be retained as precluded by section 6111.4
     5         (relating to registration of firearms) by the
     6         Pennsylvania State Police either through retention of the
     7         application/record of sale or by entering the information
     8         onto a computer, and, further, an application/record of
     9         sale received by the Pennsylvania State Police pursuant
    10         to this subsection shall be destroyed within 72 hours of
    11         the completion of the criminal history, juvenile
    12         delinquency and mental health records background check.
    13         * * *
    14     Section 2.  This act shall take effect in 60 days.











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