HB 1051 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for sale or transfer of firearms, for Pennsylvania State Police and for firearm sales surcharge.

PRINTER'S NO.   1140

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1051
                                                 Session of
                                                   2025

     INTRODUCED BY PARKER, KHAN, HILL-EVANS, BURGOS, MADDEN, SANCHEZ,
        MAYES, MALAGARI, D. WILLIAMS, BELLMON, CERRATO, RIVERA AND
        SCHLOSSBERG, MARCH 25, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2025


                                      AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in firearms and other dangerous
 3      articles, further providing for sale or transfer of firearms,
 4      for Pennsylvania State Police and for firearm sales
 5      surcharge.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.      Sections 6111(b)(1.1) and (3), 6111.1(b)(2) and
 9   6111.2(a) of Title 18 of the Pennsylvania Consolidated Statutes
10   are amended to read:
11   § 6111.    Sale or transfer of firearms.
12      * * *
13      (b)    Duty of seller.--No licensed importer, licensed
14   manufacturer or licensed dealer shall sell or deliver any
15   firearm to another person, other than a licensed importer,
16   licensed manufacturer, licensed dealer or licensed collector,
17   until the conditions of subsection (a) have been satisfied and
18   until he has:
19             * * *
 1        [(1.1)     On the date of publication in the Pennsylvania
 2    Bulletin of a notice by the Pennsylvania State Police that
 3    the instantaneous records check has been implemented, all of
 4    the following shall apply:
 5             (i)    In the event of an electronic failure under
 6        section 6111.1(b)(2) (relating to Pennsylvania State
 7        Police) for purposes of a firearm which exceeds the
 8        barrel and related lengths set forth in section 6102,
 9        obtained a completed application/record of sale from the
10        potential buyer or transferee to be filled out in
11        triplicate, the original copy to be sent to the
12        Pennsylvania State Police, postmarked via first class
13        mail, within 14 days of sale, one copy to be retained by
14        the licensed importer, licensed manufacturer or licensed
15        dealer for a period of 20 years and one copy to be
16        provided to the purchaser or transferee.
17             (ii)    The form of the application/record of sale
18        shall be no more than one page in length and shall be
19        promulgated by the Pennsylvania State Police and provided
20        by the licensed importer, licensed manufacturer or
21        licensed dealer.
22             (iii)    For purposes of conducting the criminal
23        history, juvenile delinquency and mental health records
24        background check which shall be completed within ten days
25        of receipt of the information from the dealer, the
26        application/record of sale shall include the name,
27        address, birthdate, gender, race, physical description
28        and Social Security number of the purchaser or transferee
29        and the date of application.
30             (iv)    No information regarding the type of firearm

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 1        need be included other than an indication that the
 2        firearm exceeds the barrel lengths set forth in section
 3        6102.
 4              (v)   Unless it has been discovered pursuant to a
 5        criminal history, juvenile delinquency and mental health
 6        records background check that the potential purchaser or
 7        transferee is prohibited from possessing a firearm
 8        pursuant to section 6105 (relating to persons not to
 9        possess, use, manufacture, control, sell or transfer
10        firearms), no information on the application/record of
11        sale provided pursuant to this subsection shall be
12        retained as precluded by section 6111.4 (relating to
13        registration of firearms) by the Pennsylvania State
14        Police either through retention of the application/record
15        of sale or by entering the information onto a computer,
16        and, further, an application/record of sale received by
17        the Pennsylvania State Police pursuant to this subsection
18        shall be destroyed within 72 hours of the completion of
19        the criminal history, juvenile delinquency and mental
20        health records background check.]
21        * * *
22        (3)   Requested by means of a telephone call that the
23    Pennsylvania State Police conduct a criminal history,
24    juvenile delinquency history and a mental health record
25    check. The purchaser and the licensed dealer shall provide
26    such information as is necessary to accurately identify the
27    purchaser. The requester shall be charged a fee equivalent to
28    the cost of providing the service but not to exceed [$2] $6
29    per buyer or transferee.
30        * * *

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 1   § 6111.1.      Pennsylvania State Police.
 2      * * *
 3      (b)   Duty of Pennsylvania State Police.--
 4            * * *
 5            (2)    In the event of electronic failure, scheduled
 6      computer downtime or similar event beyond the control of the
 7      Pennsylvania State Police, the Pennsylvania State Police
 8      shall immediately notify the requesting licensee of the
 9      reason for and estimated length of the delay. [If the failure
10      or event lasts for a period exceeding 48 hours, the dealer
11      shall not be subject to any penalty for completing a
12      transaction absent the completion of an instantaneous records
13      check for the remainder of the failure or similar event, but
14      the dealer shall obtain a completed application/record of
15      sale following the provisions of section 6111(b)(1) and (1.1)
16      (relating to sale or transfer of firearms) as if an
17      instantaneous records check has not been established for any
18      sale or transfer of a firearm for the purpose of a subsequent
19      background check.]
20            * * *
21   § 6111.2.      Firearm sales surcharge.
22      (a)   Surcharge imposed.--There is hereby imposed on each sale
23   of a firearm subject to tax under Article II of the act of March
24   4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
25   additional surcharge of [$3] $10. This shall be referred to as
26   the Firearm Sale Surcharge. All moneys received from this
27   surcharge shall be deposited in the Firearm Instant Records
28   Check Fund.
29      * * *
30      Section 2.      This act shall take effect in 60 days.

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