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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GABLER, BAKER, BARRAR, BENNINGHOFF, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CUTLER, DENLINGER, DeWEESE, EVERETT, GEIST, GROVE, HARHART, HARRIS, HEFFLEY, HELM, HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK, MAJOR, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, PEIFER, PICKETT, PYLE, RAPP, READSHAW, ROAE, ROCK, STABACK, STEVENSON AND WHITE, FEBRUARY 17, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for duties of |
3 | Pennsylvania State Police. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6111.1(b)(2) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes is amended and the subsection |
8 | is amended by adding paragraphs to read: |
9 | § 6111.1. Pennsylvania State Police. |
10 | * * * |
11 | (b) Duty of Pennsylvania State Police.-- |
12 | * * * |
13 | (2) In the event of electronic failure, scheduled |
14 | computer downtime or similar event beyond the control of the |
15 | Pennsylvania State Police, the Pennsylvania State Police |
16 | shall immediately notify the requesting licensee of the |
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1 | reason for and estimated length of the delay. [If the failure |
2 | or event lasts for a period exceeding 48 hours, the dealer |
3 | shall not be subject to any penalty for completing a |
4 | transaction absent the completion of an instantaneous records |
5 | check for the remainder of the failure or similar event, but |
6 | the dealer shall obtain a completed application/record of |
7 | sale following the provisions of section 6111(b)(1) and (1.1) |
8 | (relating to sale or transfer of firearms) as if an |
9 | instantaneous records check has not been established for any |
10 | sale or transfer of a firearm for the purpose of a subsequent |
11 | background check.] The Pennsylvania State Police shall |
12 | immediately post on their Internet website the cause of the |
13 | failure or similar event and an approximate time frame for |
14 | restoration of the instantaneous records check system. |
15 | (2.1) A licensee may complete a transaction absent the |
16 | completion of an instantaneous records check if there is a |
17 | failure or similar event and either of the following applies: |
18 | (i) The purchaser presents a valid Pennsylvania |
19 | license to carry a firearm. |
20 | (ii) The failure or similar event lasts for a period |
21 | exceeding 48 hours. |
22 | (2.2) A licensee shall, for any transaction under |
23 | paragraph (2.1) during a failure or similar event, obtain a |
24 | completed application/record of sale following section |
25 | 6111(b)(1) and (1.1) (relating to sale or transfer of |
26 | firearms) as if an instantaneous records check has not been |
27 | established for any sale or transfer of a firearm for the |
28 | purpose of a subsequent background check. |
29 | * * * |
30 | Section 2. This act shall take effect in 60 days. |
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