Bill Text: PA HB357 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for licensing of dealers.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2009-02-11 - Referred to JUDICIARY [HB357 Detail]

Download: Pennsylvania-2009-HB357-Introduced.html

  

 

    

PRINTER'S NO.  404

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

357

Session of

2009

  

  

INTRODUCED BY D. O'BRIEN, BRIGGS, CARROLL, COHEN, FRANKEL, HARHAI, HARPER, KIRKLAND, KORTZ, MILLER, MUNDY, MURT, SABATINA, SIPTROTH, K. SMITH, SWANGER AND WALKO, FEBRUARY 11, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, further providing for licensing of

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dealers.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 6113 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

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§ 6113.  Licensing of dealers.

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* * *

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(a.1)  Background checks required.--

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(1)  Prior to issuing a license pursuant to this section,

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the person authorized to issue a license to the applicant

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shall ensure:

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(i)  that the applicant undergoes an investigation

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conducted pursuant to section 6109 (relating to licenses)

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and that the applicant would not be prohibited from

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obtaining a license pursuant to that section; and

 


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(ii)  that the applicant possesses a valid Federal

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firearms license and is in compliance with all Federal

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and State laws and regulations relating thereto,

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including any firearm sale or transfer recordkeeping

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requirements.

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(2)  Notwithstanding any provision of law to the

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contrary, and except as provided in paragraph (3), no dealer

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shall permit any person to perform any act on his behalf

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which is required by any provision of this subchapter unless

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the dealer first conducts a criminal history, juvenile

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delinquency and mental health records background check on the

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person following the procedures set forth in section 6111

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(relating to sale or transfer of firearms), receives a unique

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approval number for that inquiry and maintains a record of

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the date and approval number to ensure the person is not

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subject to the prohibitions of section 6105 (relating to

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persons not to possess, use, manufacture, control, sell or

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transfer firearms). Background checks on such persons shall,

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at a minimum, be conducted every three years. The dealer

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shall maintain proof of compliance with this paragraph upon

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the premises designated in the license and, for each person

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acting on his behalf at a lawful gun show or meet, at the

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point of sale at the lawful gun show or meet.

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(3)  The background checks required by paragraph (2)

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shall not be required if the person performing acts on behalf

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of the dealer holds a valid license to carry a firearm issued

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pursuant to section 6109 or if the person is a State

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constable, sheriff, prison or jail warden, or the person's

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deputy, a policeman of this Commonwealth or its political

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subdivisions, or other law enforcement officer.

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* * *

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Section 2.  This act shall take effect in 60 days.

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