2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 61 - Firearms and Other Dangerous Articles
6111.1 - Pennsylvania State Police.

     § 6111.1.  Pennsylvania State Police.
        (a)  Administration.--The Pennsylvania State Police shall
     have the responsibility to administer the provisions of this
     chapter.
        (b)  Duty of Pennsylvania State Police.--
            (1)  Upon receipt of a request for a criminal history,
        juvenile delinquency history and mental health record check
        of the potential purchaser or transferee, the Pennsylvania
        State Police shall immediately during the licensee's call or
        by return call forthwith:
                (i)  review the Pennsylvania State Police criminal
            history and fingerprint records to determine if the
            potential purchaser or transferee is prohibited from
            receipt or possession of a firearm under Federal or State
            law;
                (ii)  review the juvenile delinquency and mental
            health records of the Pennsylvania State Police to
            determine whether the potential purchaser or transferee
            is prohibited from receipt or possession of a firearm
            under Federal or State law; and
                (iii)  inform the licensee making the inquiry either:
                    (A)  that the potential purchase or transfer is
                prohibited; or
                    (B)  provide the licensee with a unique approval
                number.
            (2)  In the event of electronic failure, scheduled
        computer downtime or similar event beyond the control of the
        Pennsylvania State Police, the Pennsylvania State Police
        shall immediately notify the requesting licensee of the
        reason for and estimated length of the delay. If the failure
        or event lasts for a period exceeding 48 hours, the dealer
        shall not be subject to any penalty for completing a
        transaction absent the completion of an instantaneous records
        check for the remainder of the failure or similar event, but
        the dealer shall obtain a completed application/record of
        sale following the provisions of section 6111(b)(1) and (1.1)
        (relating to sale or transfer of firearms) as if an
        instantaneous records check has not been established for any
        sale or transfer of a firearm for the purpose of a subsequent
        background check.
            (3)  The Pennsylvania State Police shall fully comply,
        execute and enforce the directives of this section as
        follows:
                (i)  The instantaneous background check for firearms
            as defined in section 6102 (relating to definitions)
            shall begin on July 1, 1998.
                (ii)  The instantaneous background check for firearms
            that exceed the barrel lengths set forth in section 6102
            shall begin on the later of:
                    (A)  the date of publication of the notice under
                section 6111(a)(2); or
                    (B)  December 31, 1998.
            (4)  The Pennsylvania State Police and any local law
        enforcement agency shall make all reasonable efforts to
        determine the lawful owner of any firearm confiscated or
        recovered by the Pennsylvania State Police or any local law
        enforcement agency and return said firearm to its lawful
        owner if the owner is not otherwise prohibited from
        possessing the firearm. When a court of law has determined
        that the Pennsylvania State Police or any local law
        enforcement agency have failed to exercise the duty under
        this subsection, reasonable attorney fees shall be awarded to
        any lawful owner of said firearm who has sought judicial
        enforcement of this subsection.
        (c)  Establish a telephone number.--The Pennsylvania State
     Police shall establish a telephone number which shall be
     operational seven days a week between the hours of 8 a.m. and 10
     p.m. local time for purposes of responding to inquiries as
     described in this section from licensed manufacturers, licensed
     importers and licensed dealers. The Pennsylvania State Police
     shall employ and train such personnel as are necessary to
     administer expeditiously the provisions of this section.
        (d)  Distribution.--The Pennsylvania State Police shall
     provide, without charge, summaries of uniform firearm laws and
     firearm safety brochures pursuant to section 6125 (relating to
     distribution of uniform firearm laws and firearm safety
     brochures).
        (e)  Challenge to records.--
            (1)  Any person who is denied the right to receive, sell,
        transfer, possess, carry, manufacture or purchase a firearm
        as a result of the procedures established by this section may
        challenge the accuracy of that person's criminal history,
        juvenile delinquency history or mental health record pursuant
        to a denial by the instantaneous records check by submitting
        a challenge to the Pennsylvania State Police within 30 days
        from the date of the denial.
            (2)  The Pennsylvania State Police shall conduct a review
        of the accuracy of the information forming the basis for the
        denial and shall have the burden of proving the accuracy of
        the record. Within 20 days after receiving a challenge, the
        Pennsylvania State Police shall notify the challenger of the
        basis for the denial, including, but not limited to, the
        jurisdiction and docket number of any relevant court decision
        and provide the challenger an opportunity to provide
        additional information for the purposes of the review. The
        Pennsylvania State Police shall communicate its final
        decision to the challenger within 60 days of the receipt of
        the challenge. The decision of the Pennsylvania State Police
        shall include all information which formed a basis for the
        decision.
            (3)  If the challenge is ruled invalid, the person shall
        have the right to appeal the decision to the Attorney General
        within 30 days of the decision. The Attorney General shall
        conduct a hearing de novo in accordance with the
        Administrative Agency Law. The burden of proof shall be upon
        the Commonwealth.
            (4)  The decision of the Attorney General may be appealed
        to the Commonwealth Court by an aggrieved party.
        (f)  Notification of mental health adjudication, treatment,
     commitment, drug use or addiction.--
            (1)  Notwithstanding any statute to the contrary, judges
        of the courts of common pleas shall notify the Pennsylvania
        State Police, on a form developed by the Pennsylvania State
        Police, of:
                (i)  the identity of any individual who has been
            adjudicated as an incompetent or as a mental defective or
            who has been involuntarily committed to a mental
            institution under the act of July 9, 1976 (P.L.817,
            No.143), known as the Mental Health Procedures Act, or
            who has been involuntarily treated as described in
            section 6105(c)(4) (relating to persons not to possess,
            use, manufacture, control, sell or transfer firearms) or
            as described in 18 U.S.C. § 922(g)(4) (relating to
            unlawful acts) and its implementing Federal regulations;
            and
                (ii)  any finding of fact or court order related to
            any person described in 18 U.S.C. § 922(g)(3).
            (2)  The notification shall be transmitted by the judge
        to the Pennsylvania State Police within seven days of the
        adjudication, commitment or treatment.
            (3)  Notwithstanding any law to the contrary, the
        Pennsylvania State Police may disclose, electronically or
        otherwise, to the United States Attorney General or a
        designee, any record relevant to a determination of whether a
        person is disqualified from possessing or receiving a firearm
        under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
        statute.
        (g)  Review by court.--
            (1)  Upon receipt of a copy of the order of a court of
        competent jurisdiction which vacates a final order or an
        involuntary certification issued by a mental health review
        officer, the Pennsylvania State Police shall expunge all
        records of the involuntary treatment received under
        subsection (f).
            (2)  A person who is involuntarily committed pursuant to
        section 302 of the Mental Health Procedures Act may petition
        the court to review the sufficiency of the evidence upon
        which the commitment was based. If the court determines that
        the evidence upon which the involuntary commitment was based
        was insufficient, the court shall order that the record of
        the commitment submitted to the Pennsylvania State Police be
        expunged. A petition filed under this subsection shall toll
        the 60-day period set forth under section 6105(a)(2).
            (3)  The Pennsylvania State Police shall expunge all
        records of an involuntary commitment of an individual who is
        discharged from a mental health facility based upon the
        initial review by the physician occurring within two hours of
        arrival under section 302(b) of the Mental Health Procedures
        Act and the physician's determination that no severe mental
        disability existed pursuant to section 302(b) of the Mental
        Health Procedures Act. The physician shall provide signed
        confirmation of the determination of the lack of severe
        mental disability following the initial examination under
        section 302(b) of the Mental Health Procedures Act to the
        Pennsylvania State Police.
        (h)  Juvenile registry.--
            (1)  The contents of law enforcement records and files
        compiled under 42 Pa.C.S. § 6308 (relating to law enforcement
        records) concerning a child shall not be disclosed to the
        public except if the child is 14 years of age or older at the
        time of the alleged conduct and if any of the following
        apply:
                (i)  The child has been adjudicated delinquent by a
            court as a result of an act or acts which constitute any
            offense enumerated in section 6105.
                (ii)  A petition alleging delinquency has been filed
            by a law enforcement agency alleging that the child has
            committed an act or acts which constitute an offense
            enumerated in section 6105 and the child previously has
            been adjudicated delinquent by a court as a result of an
            act or acts which included the elements of one of such
            crimes.
            (2)  Notwithstanding any provision of this subsection,
        the contents of law enforcement records and files concerning
        any child adjudicated delinquent for the commission of any
        criminal activity described in paragraph (1) shall be
        recorded in the registry of the Pennsylvania State Police for
        the limited purposes of this chapter.
        (i)  Reports.--The Pennsylvania State Police shall annually
     compile and report to the General Assembly, on or before
     December 31, the following information for the previous year:
            (1)  number of firearm sales, including the types of
        firearms;
            (2)  number of applications for sale of firearms denied,
        number of challenges of the denials and number of final
        reversals of initial denials;
            (3)  summary of the Pennsylvania State Police's
        activities, including the average time taken to complete a
        criminal history, juvenile delinquency history or mental
        health record check; and
            (4)  uniform crime reporting statistics compiled by the
        Pennsylvania State Police based on the National Incident-
        based Reporting System.
        (j)  Other criminal information.--The Pennsylvania State
     Police shall be authorized to obtain any crime statistics
     necessary for the purposes of this chapter from any local law
     enforcement agency.
        (j.1)  Delinquency and mental health records.--The provisions
     of this section which relate to juvenile delinquency and mental
     health records checks shall be applicable when the data has been
     made available to the Pennsylvania State Police but not later
     than October 11, 1999.
        (j.2)  Records check.--The provisions of this section which
     relate to the instantaneous records check conducted by telephone
     shall be applicable 30 days following notice by the Pennsylvania
     State Police pursuant to section 6111(a)(2).
        (j.3)  Immunity.--The Pennsylvania State Police and its
     employees shall be immune from actions for damages for the use
     of a firearm by a purchaser or for the unlawful transfer of a
     firearm by a dealer unless the act of the Pennsylvania State
     Police or its employees constitutes a crime, actual fraud,
     actual malice or willful misconduct.
        (k)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Firearm."  The term shall have the same meaning as in
     section 6111.2 (relating to firearm sales surcharge).
        "Physician."  Any licensed psychiatrist or clinical
     psychologist as defined in the act of July 9, 1976 (P.L.817,
     No.143), known as the Mental Health Procedures Act.
     (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
     Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73,
     No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.;
     Dec. 3, 1998, P.L.933, No.121, eff. imd.; Oct. 17, 2008,
     P.L.1628, No.131)

        2008 Amendment.  Act 131 amended subsecs. (b)(4), (e) and
     (f), effective immediately as to subsec. (e) and 60 days as to
     the remainder of the section.
        1998 Amendments.  Act 70 amended subsecs. (b)(3) and (e) and
     added subsec. (j.3) and Act 121 amended subsec. (b)(3). 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)(3).
        1997 Amendment.  Act 5 amended subsecs. (b)(2) and (k).
        1995 Amendments.  Act 17, 1st Sp.Sess., added section 6111.1
     and Act 66 amended subsecs. (b), (d), (e), (f), (g), (h) and (i)
     and added subsecs. (j.1) and (j.2).
        Cross References.  Section 6111.1 is referred to in sections
     6106, 6111 of this title.