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www.legis.state.pa.us/WU01/LI/BI/BT/2003/0/HB1791P2321.HTM----------------------------------------
PRINTER'S NO. 2321
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THE GENERAL ASSEMBLY OF PENNSYLVANIA
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HOUSE BILL
No. 1791 Session of 2003
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INTRODUCED BY ROONEY, WASHINGTON, THOMAS, JOSEPHS, CURRY,
WATERS, BEBKO-JONES, JAMES, KIRKLAND, FRANKEL, CORRIGAN,
MELIO AND WEBER, JULY 1, 2003
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REFERRED TO COMMITTEE ON JUDICIARY, JULY 1, 2003
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AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, establishing the State Handgun
3 Standard Commission; providing a safety performance standard
4 for the manufacture of handguns, for the forfeiture of
5 certain handguns and for enforcement relating to a safety
6 standard for handguns.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Chapter 61 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a subchapter to read:
11 SUBCHAPTER D
12 HANDGUN SAFETY STANDARDS
13 Sec.
14 6181. Legislative findings.
15 6182. Definitions.
16 6183. State Handgun Standard Commission.
17 6184. Safety standard.
18 6185. Enforcement.
19 6186. Exemptions.
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1 6187. Penalties.
2 6188. Liability.
3 § 6181. Legislative findings.
4 The General Assembly finds and declares as follows:
5 (1) The legislature finds that there are no current laws
6 or regulations creating a safety standard for personalized
7 guns.
8 (2) In 1994 there were approximately 38,500 gun deaths
9 nationwide, 49% of all gun deaths were suicides and 46% were
10 homicides.
11 (3) In 1994 in the United States, 88% of all firearm
12 homicides in which the type of gun was known were caused by
13 handguns.
14 (4) A homicide of a household member is almost three
15 times more likely to occur in homes with guns than in homes
16 without guns, and the risk of suicide is increased by nearly
17 five times in homes with guns. The risk is higher for
18 adolescents and young adults.
19 (5) In 1994 there were about 1,300 unintentional firearm
20 deaths nationwide.
21 (6) The General Assembly believes many firearm deaths
22 and injuries are needless and can be prevented by a safety
23 performance standard for handguns.
24 (7) The General Assembly further finds that existing
25 technology makes possible personalized guns which can only be
26 fired by the authorized user.
27 (8) The General Assembly believes that a handgun safety
28 performance standard is necessary to protect the public
29 health, safety and welfare.
30 § 6182. Definitions.
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1 The following words and phrases when used in this subchapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Antique firearm." Either of the following:
5 (1) A firearm, including a firearm with a matchlock,
6 flintlock, percussion cap or similar type of ignition system,
7 manufactured in or before 1898.
8 (2) A replica of a firearm described in paragraph (1) if
9 the replica:
10 (i) is not designed or redesigned for using rimfire
11 or conventional center fire fixed ammunition; or
12 (ii) uses rimfire or conventional center fire fixed
13 ammunition which is no longer manufactured in the United
14 States and which is not readily available in the ordinary
15 channels of commercial trade.
16 "Authorized user." A person who owns a handgun or a person
17 to whom the owner has given consent to use the handgun.
18 "Commission." The State Handgun Standard Commission
19 established in section 6183 (relating to State Handgun Standard
20 Commission).
21 "Handgun." A firearm which has a short stock and is designed
22 to be held and fired by the use of a single hand and any
23 combination of parts from which a firearm can be assembled.
24 "Handgun manufacturer." A person engaged in the business of
25 manufacturing handguns for the purpose of sale or distribution.
26 "Pawnbroker." A person whose business or occupation includes
27 the taking or receiving, by the way of pledge or pawn, any
28 firearm as security for the payment or repayment of money.
29 "Person." An individual, corporation, company, association,
30 firm, partnership, society or joint stock company.
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1 "Safety standard." The Handgun Safety Performance Standard
2 described in section 6184 (relating to safety standard).
3 "Seller" or "dealer." A person:
4 (1) engaged in the business of selling firearms at
5 wholesale or retail;
6 (2) engaged in the business of repairing firearms or of
7 making or fitting special barrels, stocks or trigger
8 mechanisms to firearms; or
9 (3) who is a pawnbroker.
10 § 6183. State Handgun Standard Commission.
11 (a) Establishment.--The State Handgun Standard Commission
12 shall be established within six months following the effective
13 date of this subchapter and shall promulgate the safety standard
14 in accordance with section 6184 (relating to safety standard).
15 safety of handguns.
16 (b) Members.--The commission, where possible, shall be
17 composed of seven members: the Attorney General or the Attorney
18 General's designee, the Pennsylvania State Police Commissioner
19 or the commissioner's designee, the Secretary of Health or the
20 secretary's designee, an injury prevention specialist, a handgun
21 industry representative, an engineer and a citizen at large. The
22 members shall be appointed by the Governor. The Governor shall
23 select a chairperson from among the members of the commission.
24 (c) Expenses and compensation.--Commission members shall be
25 reimbursed for reasonable and necessary expenses, including, but
26 not limited to, travel, but shall not otherwise be compensated.
27 (d) Staff services for the commission.--Staff services for
28 the commission shall be provided by the Office of Attorney
29 General.
30 (e) Length of existence.--The commission shall exist for the
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