PRINTER'S NO. 172
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
202
Session of
2019
INTRODUCED BY CRUZ, BURGOS, ISAACSON, SCHLOSSBERG, McCLINTON,
MURT, SCHWEYER, HILL-EVANS AND CIRESI, JANUARY 28, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019
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
and establishing the Pennsylvania Gun Buyback Program and the
Pennsylvania Gun Buyback Program Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(j)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6111. Sale or transfer of firearms.
* * *
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not
apply to:
(i) sales between Federal firearms licensees; [or]
(ii) the purchase of firearms by a chief law
enforcement officer or his designee, for the official use
of law enforcement officers[.]; or
(iii) the purchase of firearms by a chief law
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enforcement officer or a designee as part of the
Pennsylvania Gun Buyback Program.
* * *
Section 2. Chapter 61 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER E
PENNSYLVANIA GUN BUYBACK PROGRAM
Sec.
6191. Definitions.
6192. Pennsylvania Gun Buyback Program.
6193. Powers and duties of Attorney General.
6194. Pennsylvania Gun Buyback Program Fund.
§ 6191. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commissioner." As defined in section 6102 (relating to
definitions).
"Firearm." As defined in section 6102.
"Law enforcement officer." As defined in section 6102.
"Program." The Pennsylvania Gun Buyback Program established
under section 6192 (relating to Pennsylvania Gun Buyback
Program).
"Program fund." The Pennsylvania Gun Buyback Program Fund
established under section 6194 (relating to Pennsylvania Gun
Buyback Program Fund).
"Sheriff." As defined in section 6102.
§ 6192. Pennsylvania Gun Buyback Program.
(a) Establishment.--The Pennsylvania Gun Buyback Program is
established within the Office of Attorney General.
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(b) Purpose.--The purpose of the program is to reduce
violence and crime in the community by offering an incentive for
the surrender of a firearm to a participating law enforcement
officer or sheriff.
(c) Participation.--Participation in the program by a law
enforcement officer or sheriff shall be voluntary.
(d) Surrender of firearm.--The following shall apply:
(1) An individual may surrender a firearm to a
participating law enforcement officer or sheriff within this
Commonwealth.
(2) An individual who surrenders a firearm under this
section shall remain anonymous and shall not be subject to
prosecution for the possession of the firearm.
§ 6193. Powers and duties of Attorney General.
(a) Administration.--The Attorney General shall administer
the program in conjunction with the commissioner, a law
enforcement officer or a sheriff.
(b) Rules and regulations.--The Attorney General shall
promulgate rules and regulations necessary to effectuate the
implementation of the program. Rules and regulations promulgated
under this subsection may include guidelines:
(1) For a law enforcement officer or sheriff
participating in the program to:
(i) Designate when and where a firearm may be
surrendered by an individual.
(ii) Coordinate with community groups within its
jurisdiction.
(iii) Handle the surrender of firearms, including:
(A) safe storage and disposal of surrendered
firearms;
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(B) return of recovered stolen firearms through
the program to the rightful owner as appropriate; and
(C) retention for evidence of firearms
determined to have been used in a crime.
(iv) Develop and implement an independent gun
buyback program, provided the program meets the
requirements of this subchapter and is otherwise
permitted by law.
(2) For monetary or other incentives for surrendered
firearms.
§ 6194. Pennsylvania Gun Buyback Program Fund.
(a) Establishment.--The Pennsylvania Gun Buyback Program
Fund is established in the State Treasury as a restricted
account.
(b) Funding.--Funding for the program fund may be provided
as follows:
(1) By an appropriation by the General Assembly from the
General Fund.
(2) From donations from private businesses, charities
and individuals.
(3) From other money, including assets, seizures and
forfeitures collected by law enforcement officers or
sheriffs.
(c) Continuing appropriation.--All money in the program fund
and the interest accruing thereon are hereby appropriated to the
Office of Attorney General on a continuing basis to carry out
the provisions of this subchapter.
Section 3. This act shall take effect in 120 days.
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