PA CRIMES
CODES
§6111.
Sale or transfer of firearms.
(a) Time and manner of delivery.
(1)
Except as provided in paragraph (2), no seller shall deliver a firearm to the
purchaser or transferee thereof until 48 hours shall have elapsed from the time
of the application for the purchase thereof, and, when delivered, the firearm
shall be securely wrapped and shall be unloaded.
(2)
Thirty days after publication in the Pennsylvania Bulletin that the
Instantaneous Criminal History Records Check System has been established in
accordance with the Brady Handgun Violence Prevention Act (Public Law 103-159,
18 U.S.C. §921 et seq.), no seller shall deliver a firearm to the purchaser
thereof until the provisions of this section have been satisfied, and, when delivered,
the firearm shall be securely wrapped and shall be unloaded.
(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.
(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 611 l.l(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 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 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.
(ii) The form of 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.
(iii) For purposes of conducting the criminal
history, juvenile delinquency and mental health records background check which
shall be completed within ten days of receipt of the information from the
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 and the date of application.
(iv) No information regarding the type of firearm
need be included other than an indication that the firearm exceeds the barrel
lengths set forth in section 6102.
(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency and mental health records background
check that the potential purchaser or transferee is prohibited from possessing
a firearm pursuant to section 6105 (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms), no information on the
application/record of sale provided pursuant to this subsection shall be
retained as precluded by section 6111.4 (relating to registration of firearms)
by the Pennsylvania State Police either through retention of the
application/record of sale or by entering the information on a computer, and,
further, an application /record of sale received by the Pennsylvania State
Police pursuant to this subsection shall be destroyed within 72 hours of the
completion of the criminal history, juvenile delinquency and mental health
records background check.
(1.2)
Fees collected under paragraph (3) and section 6111.2 (relating to firearm
sales surcharge) shall be transmitted to the Pennsylvania State Police within
14 days of collection.
(1.3)
In addition to the criminal penalty under section 6119 (relating to violation
penalty), any person who knowingly and intentionally maintains or fails to
destroy any information submitted to the Pennsylvania State Police for purposes
of a background check pursuant to paragraphs (1. l) and (1.4) or violates
section 6111.4 (relating to registration of firearms) shall be subject to a
civilpenaltyof$250per violation, entry or failure to destroy.
(1.4)
(As
amended by L.1998, Art 70(4), eff. 6118198. See other par. (1.4) below.) Following implementation of the instantaneous
records check by the Pennsylvania State Police on or before December 31, 1999,
no application/record of sale shall be completed for the purchase or transfer
of a firearm which exceeds the barrel lengths set forth in section 6102. A
statement shall be submitted by the dealer to the Pennsylvania State Police,
postmarked via first class mail, within 14 days of the sale, containing the
number of firearms sold which exceed the barrel and related lengths set forth
in section 6102, the amount of surcharge and other fees remitted and a list of
the unique approval numbers given pursuant to paragraph (4), together with a
statement that the background checks have been performed on the firearms
contained in the statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania State Police.
(1.4) (As amended by L.1998, Act 121(4), eff1213198. See
other par. (1.4) above ) Following
implementation of the instantaneous records check by the Pennsylvania State
Police on or before December 1, 1998, no application/record of sale shall be
completed for the purchase or transfer of a firearm which exceeds the barrel
lengths set forth in section 6102. A statement shall be submitted by the dealer
to the Pennsylvania State Police, postmarked via first class mail, within 14
days of the sale, containing the number of firearms sold which exceed the
barrel and related lengths set forth in section 6102, the amount of surcharge
and other fees remitted and a list of the unique approval numbers given
pursuant to paragraph (4), together with a statement that the background checks
have been performed on the firearms contained in the statement. The form of the
statement relating to performance of background checks shall be promulgated by
the Pennsylvania State Police.
(2)
Inspected photoidentification of the potential purchaser or transferee,
including but not limited to, a driver's license, official Pennsylvania
photoidentification card or official government photoidentification card. In
the case of a potential buyer or transferee who is a member of a recognized
religious sect or community whose tenets forbid or discourage the taking of photographs
of members of that sector community, a seller shall accept a valid-without-photo
driver's license or a combination of documents, as prescribed by the
Pennsylvania State Police, containing the applicant's name, address, date of
birth and the signature of the applicant.
(3)
Requested by means of a telephone call that the Pennsylvania State Police
conduct a criminal history, juvenile delinquency history and a mental health
record check. The purchaser and the licensed dealer shall provide such information
as is necessary to accurately identify the purchaser. The requester shall be
charged a fee equivalent to the cost of providing the service but not to exceed
$2 per buyer or transferee.
(4)
Received a unique approval number for that inquiry from the Pennsylvania State
Police and recorded the date and the number on the application/record of sale
form.
(5)
Issued a receipt containing the information from paragraph (4), including the
unique approval number of the purchaser. This receipt shall be prima facie
evidence of the purchaser's or transferee's compliance with the provisions of
this section.
(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 is prohibited from possessing a firearm pursuant to
section 6105, no information received via telephone following the
implementation of 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.
(7)
For purposes of the enforcement of 18 U.S.C. §922(4)(9), (g)(1) and (s)(1)
(relating to unlawful acts), in the event the criminal history or juvenile
delinquency background check indicates a conviction for a misdemeanor that the
Pennsylvania State Police cannot determine is or is not related to an act of
domestic violence, the Pennsylvania State Police shall issue a temporary delay
of the approval of the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or investigation of the
conviction with courts, local police departments, district attorneys and other
law enforcement or related institutions as necessary to determine whether or
not the misdemeanor conviction involved an act of domestic violence. The
Pennsylvania State Police shall conduct the review or investigation as
expeditiously as possible. No firearm may be transferred by the dealer to the
purchaser who is the subject of the investigation during the temporary delay.
The Pennsylvania State Police shall notify the dealer of the termination of the
temporary delay and either deny the sale or provide the unique approval number
under paragraph (4).
(c)
Duty of other persons.-Any person who is not a licensed importer, manufacturer
or dealer and who desires to sell or transfer a firearm to another unlicensed
person shall do so only upon the place of business of a licensed importer,
manufacturer, dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the seller of the
firearm. The provisions of this section shall not apply to transfers between
spouses or to transfers between a parent and child or to transfers between
grandparent and grandchild.
(d)
Defense.-Compliance with the provisions of this section shall be a defense to
any criminal complaint under the laws of this Commonwealth or other claim or
cause of action under this chapter arising from the sale or transfer of any
firearm.
(e)
Nonapplicability of section.-This section shall not apply to the following:
(1)
Any firearm manufactured on or before 1898.
(2)
Any firearm with a matchlock, flintlock or percussion cap type of ignition
system. (3) Any replica of any firearm described in paragraph (1) if the
replica:
(i)
is not designed or redesigned to use rimfire or conventional center fire fixed
ammunition;
(ii)
uses rimfire or conventional center fire fixed ammunition which is no longer
manufactured in the United States and which is not readily available in the
ordinary channels of commercial trade.
(f)
Application of section.
(1)
For the purposes of this section only, except as provided by paragraph (2),
"firearm" shall mean any weapon which is designed to or may readily
be converted to expel any projectile by the action of an explosive or the
frame or receiver of any such weapon.
(2)
The provisions contained in subsections (a) and (c) shall only apply to pistols
or revolvers with a barrel length of less than 15 inches, any shotgun with a
barrel length of less than 18 inches, any rifle with a barrel of less than 16
inches or any firearm with an overall length of less than 26 inches.
(3)
The provisions contained in subsection (a) shall not apply to any law
enforcement officer whose current identification as a law enforcement officer
shall be construed as a valid license to carry a firearm or any person who
possesses a valid license to carry a firearm under section 6109 (relating to
licenses).
(4)(i)
The provisions of subsection (a) shall not apply to any person who presents to
the seller or transferor a written statement issued by the official described
in subparagraph (iii) during the ten-day period ending on the date of the most
recent proposal of such transfer or sale by the transferee or purchaser stating
that the transferee or purchaser requires access to a firearm because of a
threat to the life of the transferee or purchaser or any member of the
household of that transferee or purchaser.
(ii)
The issuing official shall notify the applicant's local police authority that
such a statement has been issued. In counties of the first class the chief of
police shall notify the police station or substation closest to the applicant's
residence.
(iii)
The statement issued under subparagraph (ii) shall be issued by district
attorney, or his designee, of the county of residence if the transferee or
purchaser resides in a municipality where there is no chief of police.
Otherwise, the statement shall be issued by the chief of police in the
municipality in which the purchaser or transferee resides.
(g)
Penalties.
(1)
Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly or intentionally sells, delivers or transfers a firearm in violation
of this section commits a misdemeanor of the second degree.
(2)
Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly or intentionally sells, delivers or transfers a firearm under
circumstances intended to provide a firearm to any person, purchaser or
transferee who is unqualified or ineligible to control, possess or use a
firearm under this chapter commits a felony of the third degree and shall in
addition be subject to revocation of the license to sell firearms for a period
of three years.
(3)
Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly and intentionally requests a criminal history, juvenile delinquency
or mental health record check or other confidential information from the
Pennsylvania State Police under this chapter for any purpose other than
compliance with this chapter or knowingly and intentionally disseminates any
criminal history, juvenile delinquency or mental health record or other
or confidential
information to any person other than the subject of the information commits a
felony of the third degree.
(3.1)
Any person, licensed dealer, licensed manufacturer or licensed importer who
knowingly and intentionally obtains or furnishes information collected or
maintained pursuant to section 6109 for any purpose other than compliance with
this chapter or who knowingly or intentionally disseminates, publishes or
otherwise makes available such information to any person other than the subject
of the information commits a felony of the third degree.
(4)
Any person, purchaser or transferee who in connection with the purchase,
delivery or transfer of a firearm under this chapter knowingly and
intentionally makes any materially false oral or written statement or willfully
furnishes or exhibits any false identification intended or likely to deceive
the seller, licensed dealer or licensed manufacturer commits a felony of the
third degree.
(5)
Notwithstanding section 306 (relating to liability for conduct of another;
complicity) or any other statute to the contrary, any person, licensed
importer, licensed dealer or licensed manufacturer who knowingly and
intentionally sells, delivers or transfers a firearm in violation of this
chapter who has reason to believe that the firearm is intended to be used in
the commission of a crime or attempt to commit a crime shall be criminally
liable for such crime or attempted crime.
(6)
Notwithstanding any act or statute to the contrary, any person, licensed
importer, licensed manufacturer or licensed dealer who knowingly and
intentionally sells or delivers a firearm in violation of this chapter who has
reason to believe that the firearm is intended to be used in the commission of
a crime or attempt to commit a crime shall be liable in the amount of the civil
judgment for injuries suffered by any person so injured by such crime or
attempted crime.
(h)
Subsequent violation penalty.
(l)
A second or subsequent violation of this section shall be a felony of the
second degree and shall be punishable by a mandatory minimum sentence of
imprisonment of five years. A second or subsequent offense shall also result in
permanent revocation of any license to sell, import or manufacture a firearm.
(2)
Notice of the applicability of this subsection to the defendant and reasonable
notice of the Commonwealth's intention to proceed under this section shall be
provided prior to trial. The applicability of this section shall be determined
at sentencing. The court shall consider evidence presented at trial, shall
afford the Commonwealth and the defendant an opportunity to present necessary
additional evidence and shall determine by a preponderance of the evidence if
this section is applicable.
(3)
There shall be no authority for a court to impose on a defendant to which this
subsection is applicable a lesser sentence than provided for in paragraph (1),
to place the defendant on probation or to suspend sentence. Nothing in this
section shall prevent the sentencing court from imposing a sentence greater
than that provided in this section. Sentencing guidelines promulgated by the
Pennsylvania Commission on Sentencing shall not supersede the mandatory
sentences provided in this section
(4)
If a sentencing court refuses to apply this subsection where applicable, the
Commonwealth shall have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence and remand the
case to the sentencin g court for imposition of a sentence in accordance with
this section if it finds that the sentence was imposed in violation of this
subsection.
(i)
Confidentiality.-All information provided by the potential purchaser,
transferee or applicant, including, but not limited to, the potential
purchaser, transferee or applicant's name or identity, furnished by a potential
purchaser or transferee under this section or any applicant for a license to
carry a firearm as provided by section 6109 shall be confidential and not
subject to public disclosure. In addition to any other sanction or penalty
imposed by this chapter, any person, licensed dealer, State or local
governmental agency or department that violates this subsection shall be
liable in civil damages in the amount of $1,000 per occurrence or three times
the actual damages incurred as a result of the violation, whichever is greater,
as well as reasonable attorney fees.
(j)
Exemption.-The provisions of subsections (a) and (b) shall not apply to sales
between federal firearms licensees.
(Chgd by L.1997, Act 5(I); L.1998, Act 70(4); L 1998, Act 121(4); L.1999, Act 59(6); L.2000, Act 101(4), eff 2/18/2001.)