Bill Text: PA HB2656 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions; providing for personalized firearms; and prohibiting certain sales of firearms.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2012-10-01 - Referred to JUDICIARY [HB2656 Detail]

Download: Pennsylvania-2011-HB2656-Introduced.html

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PRINTER'S NO. 4128
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2656 Session of2012
INTRODUCED BY JAMES, V. BROWN, THOMAS, KIRKLAND, MYERS, SCHMOTZER, WATERS, WILLIAMS AND JOSEPHS, OCTOBER 1, 2012
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 2012
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
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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
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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.
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(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.
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