Bill Text: PA HB1293 | 2009-2010 | Regular Session | Introduced

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Bill Title: Relating to firearm registration; providing for duties of the Pennsylvania State Police; and imposing penalties.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-04-20 - Referred to JUDICIARY [HB1293 Detail]

Download: Pennsylvania-2009-HB1293-Introduced.html

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PRINTER'S NO. 1530
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1293 Session of2009
INTRODUCED BY CRUZ, YOUNGBLOOD, PAYTON AND M. O'BRIEN, APRIL 20, 2009
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 20, 2009
AN ACT
Relating to firearm registration; providing for duties of the
Pennsylvania State Police; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Firearm
Registration Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Antique firearm." Includes:
(1) Any firearm, including any firearm with a matchlock,
flintlock, percussion cap or similar type of ignition system,
manufactured in or before 1898.
(2) Any replica of any firearm described in paragraph
(1) if the replica:
(i) is not designed or redesigned for using rimfire
or conventional centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire
ammunition that is no longer manufactured in the United
States and that is not readily available in the ordinary
channels of commercial trade.
(3) Any firearm, other than a machine gun, which,
although designed as a weapon, the Pennsylvania State Police
finds by reason of the date of its manufacture, value, design
and other characteristics is primarily a collector's item and
is not likely to be used as a weapon.
"Firearm." A weapon which will or is designed or restored to
expel a projectile or projectiles by the action of any
explosive, the frame or receiver of any such device or any
firearm muffler or silencer. The term shall not include:
(1) Antique firearms.
(2) Any device used exclusively for line throwing,
signaling or safety and required or recommended by the United
States Coast Guard or Interstate Commerce Commission.
(3) Any device used exclusively for firing explosives,
rivets, stud cartridges or any similar industrial ammunition
incapable of use as a weapon.
Section 3. Registration.
(a) General rule.--All firearms in this Commonwealth shall
be registered in accordance with this section. It shall be the
duty of a person owning or possessing any firearm to cause the
firearm to be registered. No person within this Commonwealth may
possess, harbor, have under the person's control, transfer,
offer for sale, sell, give, deliver or accept any firearm unless
the person is the holder of a valid registration certificate for
the firearm. No person within this Commonwealth may possess,
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harbor, have under the person's control, transfer, offer for
sale, sell, deliver or accept any firearm which is
unregisterable under this act.
(b) Nonapplicability.--This section shall not apply to:
(1) Firearms owned or under the direct control or
custody of any Federal, State or local governmental authority
maintained in the course of its official duties.
(2) Duty-related firearms owned and possessed by law
enforcement officers who are not residents of this
Commonwealth.
(3) Duty-related firearms owned and possessed by
corrections officers who are not residents of this
Commonwealth.
(4) Firearms owned, manufactured or processed by
licensed manufacturers of firearms, bulk transporters or
licensed sellers of firearms at wholesale or retail, provided
that such persons have all licenses required by law.
(5) Any nonresident of this Commonwealth participating
in any lawful recreational firearm-related activity in this
Commonwealth, or on the way to or from the firearm-related
activity in another jurisdiction, provided that the
possession or control of the firearm is lawful in the
jurisdiction in which the individual resides and that the
weapon is either:
(i) Broken down in a nonfunctioning state.
(ii) Unloaded and enclosed in a case, firearm-
carrying box, shipping box or other container.
(6) Private security personnel who possess or control
any firearm or ammunition within this Commonwealth. Firearms
under this paragraph shall be owned and maintained by the
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security firm employing the security personnel and shall be
registered by the security firm in accordance with this
section.
Section 4. Insurance.
(a) General rule.--No registration certificate shall be
issued to any person unless the person:
(1) Has not been convicted of a crime of violence.
(2) Has not been convicted within the five years prior
to the application of any violation of any law relating to
the use, possession or sale of any narcotic or dangerous
drug.
(3) Is not otherwise ineligible to possess a firearm
under any Federal or State law.
(b) Application.--Every person who is required to register a
firearm under this act shall obtain an application for
registration of the firearm from the Pennsylvania State Police.
The application shall be in writing and sworn under oath and
shall require the following information:
(1) The name, home and business address, telephone
number, date of birth and Social Security number of the
applicant.
(2) The age, sex and citizenship of the applicant.
(3) The name of the manufacturer, the caliber or gauge,
the model, type and serial number of each firearm to be
registered.
(4) Two photographs taken within 30 days immediately
prior to the date of filing the application equivalent to
passport size showing the full face, head and shoulders of
the applicant in a clear and distinguishing manner.
(5) Additional information as the Pennsylvania State
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Police may deem necessary to process the application.
(c) Fingerprinting.--The applicant or registrant shall
submit to fingerprinting by the Pennsylvania State Police in
accordance with procedures and regulations prescribed by the
Pennsylvania State Police.
(d) Records.--The Pennsylvania State Police shall cause to
be kept an accurate record of each application received and
acted upon together with all other information and data
pertaining to the application on all applications for owner's
registration certificates issued or denied under this act.
Applications for owner's registration certificates shall be
numbered in consecutive numbers as filed, and each certificate
issued shall be identified with the duplicate number of the
application upon which it was issued and shall expire
automatically one year from the date of issuance.
(e) Background check.--The Pennsylvania State Police shall
conduct a criminal background check on the applicant to ensure
compliance with this section. No application may be approved
until and unless a criminal background check is completed.
(f) Procedure.--Within 30 days of receipt of an application,
the Pennsylvania State Police, after consideration of the
application for an owner's registration certificate and all
information obtained relative to the application, shall either
approve or deny the application and notify the applicant in
writing of the determination.
(g) Approval.--In the event the application is approved, the
Pennsylvania State Police shall issue to the applicant an
owner's registration certificate which shall contain the
applicant's name, residence, date of birth, photograph and other
personal information as may be required by the Pennsylvania
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State Police. The owner's registration certificate shall not be
transferable and shall be carried simultaneously with the
firearm and shall be exhibited to any police officer upon demand
for inspection. Registration shall not make lawful the carrying
or possessing of a firearm if prohibited by law.
(h) Denial.--In the event the application is denied, the
Pennsylvania State Police shall inform the applicant in writing
of the denial. Any applicant who believes that the applicant's
application is wrongfully denied may, within ten days after
receiving notice of the denial, file a written appeal of the
denial in accordance with 2 Pa.C.S. (relating to administrative
law and procedure). Within three days after notification of a
decision unfavorable to the applicant and all time for appeal
having expired, the applicant shall surrender to the
Pennsylvania State Police the firearm for which the applicant
was denied registration.
(i) Renewal.--Each registrant must renew registration
annually. Applications for renewal shall be made by a registrant
60 days prior to the expiration of the current registration
certificate.
Section 5. Additional duties of registrant.
Each person holding a registration certificate shall:
(1) Notify the Pennsylvania State Police of:
(i) The loss, theft or destruction of the
registration certificate or of a registered firearm
within 48 hours of the discovery of the loss, theft or
destruction.
(ii) A change in any of the information appearing on
the registration certificate within 48 hours.
(iii) The sale, transfer or other disposition of the
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firearm not less than 48 hours prior to delivery.
(2) Return to the Pennsylvania State Police the
registrant's copy of the registration certificate for any
firearm which is lost, stolen, destroyed or otherwise
disposed of within 48 hours.
(3) Keep any firearm in the registrant's possession
unloaded and disassembled or bound by a trigger lock, gun
safe or similar device unless the firearm is in the
registrant's immediate possession and control while at the
registrant's place of residence or business or while being
used for lawful recreational purposes within this
Commonwealth. This paragraph shall not apply to law
enforcement personnel or security personnel while in the
course of their employment.
Section 6. Penalty.
A person who violates this act commits a summary offense.
Section 7. Regulations.
The Pennsylvania State Police shall promulgate rules and
regulations for the implementation of this act.
Section 8. Acquisition or possession prohibited by law.
Nothing in this act shall make lawful the acquisition or
possession of firearms or firearm accessories which is otherwise
prohibited by law.
Section 9. Effective date.
This act shall take effect in 180 days.
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