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Sale or transfer of firearms - 18 Pa. Cons. Stat. § 6111

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     § 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 6111.1(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 the 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 onto 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 (1.1)
        and (1.4) or violates section 6111.4 shall be subject to a
        civil penalty of $250 per violation, entry or failure to
        destroy.
            (1.4)  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 sect
        or 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(d)(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; or
                (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 length 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 the 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 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.--
            (1)  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 sentencing 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.
     (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
     Nov. 22, 1995, P.L.621, No.66; Apr. 22, 1997, P.L.73, No.5; June
     18, 1998, P.L.503, No.70, eff. imd.; Dec. 3, 1998, P.L.933,
     No.121, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days;
     Dec. 20, 2000, P.L.728, No.101, eff. 60 days)

        2000 Amendment.  Act 101 amended subsec. (j).
        1998 Amendments.  Act 70 amended subsecs. (b)(1.1) intro.
     par. and (i), (1.4) and (3) and (g)(3) and added subsecs. (b)(7)
     and (g)(3.1) and Act 121 amended subsec. (b)(1.4). Act 121
     overlooked the amendment by Act 70, but the amendments do not
     conflict in substance (except for the date, as to which Act 121
     has been given effect) and have both been given effect in
     setting forth the text of subsec. (b)(1.4).
        1997 Amendment.  Act 5 amended the entire section, effective
     immediately as to subsec. (b)(1.1) and 60 days as to the
     remainder of the section.
        Cross References.  Section 6111 is referred to in sections
     6109, 6111.1, 6111.2, 6111.3, 6113 of this title; section 6108.3
     of Title 23 (Domestic Relations).
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Last modified: November 27, 2007