CHAPTER 33. PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT

GENERAL

Sec.


33.1.    [Reserved].
133.11—33.15      [Reserved].
33.16.    [Reserved].
33.17.    [Reserved].
33.21.    [Reserved].
33.101.    Authority.
33.102.    Definitions.
33.103.    Confidentiality.

FORM REQUIREMENTS


33.111.    Application/record of sale.
33.112.    Surcharge remittance form.
33.113.    Surcharge remittance continuation form.
33.114.    Application for a Pennsylvania license to carry firearms.
33.115.    Pennsylvania license to carry firearms.
33.116.    Application for a Pennsylvania license to sell firearms.
33.117.    Pennsylvania license to sell firearms.
33.118.    Pennsylvania sportsman’s firearm permit.
33.119.    Revocations.
33.120.    Notification of mental health commitment.
33.121.    PICS firearm acquisition/license to carry/denial challenge.

FINES AND PENALTIES


33.122.    Fines and other penalties.

FORMS


33.131.    Forms.

Authority

   The provisions of this Chapter 33 amended under the Pennsylvania Uniform Firearms Act of 1995, 18 Pa.C.S. § §  6101—6126, unless otherwise noted.

Source

   The provisions of this Chapter 33 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3195, unless otherwise noted.

GENERAL


§ 33.1. [Reserved].


Source

   The provisions of this §  33.1 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3195; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial page (265071).

§ § 33.11—33.15. [Reserved].


Source

   The provisions of these § §  33.11—33.15 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3195; amended March 3, 1989, effective March 4, 1989, 19 Pa.B. 868; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial pages (265071) to (265075).

§ 33.16. [Reserved].


Source

   The provisions of this §  33.16 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 868; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial page (265075).

§ 33.17. [Reserved].


Source

   The provisions of this §  33.17 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 868; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial page (265075).

§ 33.21. [Reserved].


Source

   The provisions of this §  33.21 adopted September 14, 1979, effective September 15, 1979, 9 Pa.B. 3195; amended March 3, 1989, effective March 4, 1989, 19 Pa.B. 868; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial pages (265075) to (265078).

§ 33.101. Authority.

 (a)  The General Assembly has declared its intention to provide support to law enforcement in the area of crime prevention and control, and that it is not the policy of the Commonwealth to place undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, transfer, transportation or use of firearms, rifles or shotguns for personal protection, hunting, target shooting, employment or other lawful activity.

 (b)  The General Assembly further declared that this policy is not intended to discourage or restrict the private ownership and use of firearms by law-abiding citizens for lawful purposes or to provide for the imposition by rules or regulations of any procedures or requirements other than those necessary to implement and effectuate the act.

Source

   The provisions of this §  33.101 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.102. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Firearm as defined in section 6102 of the act—A pistol or revolver with a barrel length less than 15 inches, a shotgun with a barrel length less than 18 inches or a rifle with a barrel length less than 16 inches, or a pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

   Firearm as defined in section 6111.2 of the act—A weapon which is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of the weapon.

   Gun show/meet—A function sponsored by a National, state or local organization, devoted to the collection, competitive use or other sporting use of firearms, as defined in section 6111.2 of the act (relating to firearm sales surcharge), or an organization or association that sponsors functions devoted to the collection, competitive use or other sporting use of firearms, as defined in section 6111.2 of the act, in the community.

   Handgun—A pistol or revolver with a barrel length less than 15 inches, a shotgun with a barrel length less than 18 inches or a rifle with a barrel length less than 16 inches, or a pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm is determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable as defined in section 6102 of the act.

   Identification

     (i)   Includes the following documents, which shall be accepted by dealers:

       (A)   A valid photo driver’s license.

       (B)   A valid government-issued photo identification card.

     (ii)   To be acceptable, a government-issued photo identification card shall contain the holder’s name, date of birth and signature. If it does not contain the holder’s current address, another document containing that address such as a current utility bill, residential lease agreement, mortgage, and the like, shall be presented.

     (iii)   If the applicant is a member of a religious sect or community whose tenets forbid or discourage the taking of photographs, dealers shall accept a valid without-photo driver’s license, or a combination of three of the following types of identification. If none of those three contain the applicant’s current address, the applicant shall have another document containing the name and current address such as a current utility bill, residential lease agreement, mortgage, and the like.

       (A)   A valid government-issued identification card.

       (B)   A birth certificate.

       (C)   A Social Security card.

       (D)   A valid Pennsylvania license to carry firearms issued under section 6109 of the act (relating to licenses). To be accepted as a valid Pennsylvania license to carry firearms, a license issued after July 1, 1998, shall be on a form identical to the one prescribed by the State Police.

   Licensee—A person, partnership, association or corporation issued a license by the Commonwealth, or a political subdivision thereof, to sell or transfer a firearm.

   Long-gun—The term includes any weapon, that is not a handgun, designed to or may readily be converted to expel a projectile by the action of an explosion, or the frame or receiver of the weapon.

   PICS—Pennsylvania Instant Check System—The Pennsylvania instantaneous records check system established under the act and in accordance with the Brady Handgun Violence Prevention Act, 18 U.S.C.A. § §  921—925A.

   Private sale—A sale or transfer between two non-licensed persons as referred to in section 6111 of the act (relating to sale or transfer of firearms).

   Responsible person—In addition to a sole proprietor, a responsible person is:

     (i)   In the case of a corporation, partnership or association, an individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies and practices of the corporation, partnership or association, insofar as they pertain to firearms, as defined in section 6111.2 of the act.

     (ii)   In the case of a corporation, association or similar organization, a person owning 10% or more of the outstanding shares of stock issued by the applicant, and the officers and directors thereof.

   Sheriff—The sheriff of the county, or the chief or head of the police department in a city of the first class.

Source

   The provisions of this §  33.102 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

Cross References

   This section cited in 37 Pa. Code §  33.111 (relating to application/record of sale).

§ 33.103. Confidentiality.

 (a)  Information furnished under this chapter by an applicant, purchaser, transferee or licensee, or collected by the designated issuing authority under this chapter, is confidential and not subject to public disclosure.

 (b)  Information collected or maintained under this chapter by the State Police is confidential and not subject to public disclosure.

 (c)  Nonpublic disclosure by the State Police of information collected, furnished or maintained under this chapter is restricted to:

   (1)  Disclosure upon request of the applicant, licensee, purchaser or transferee, as described in sections 6109 and 6111 of the act (relating to licenses; and sale or transfer of firearms), upon documentary certification that the requestor is in fact the applicant, licensee, purchaser or transferee.

   (2)  Disclosure upon request of a county sheriff or a criminal justice agency, defined as any court, including the minor judiciary, with criminal jurisdiction or any other governmental agency, or subunit thereof, created by statute or by the State or Federal constitutions, specifically authorized to perform as its principal function the administration of criminal justice, and which allocates a substantial portion of its annual budget to this function. Criminal justice agencies include: organized State and municipal police departments, local detention facilities, county, regional and State correctional facilities, probation agencies, district or prosecuting attorneys, parole boards, pardon boards and agencies or subunits thereof, as are declared by the Attorney General to be criminal justice agencies as determined by a review of applicable statutes and the State and Federal Constitutions, or both.

 (d)  No disclosure of information forwarded, collected or maintained under this chapter will be made to requests of noncriminal justice agencies, or individuals other than the applicant, licensee, purchaser or transferee as described in sections 6109 and 6111 of the act.

 (e)  Mental health records information received or maintained by the State Police under section 6111.1(b) and (f) of the act (relating to Pennsylvania State Police) shall be confidential and not subject to public disclosure. The information shall be available only to the State Police for the purposes of determining, under sections 6109(d) and 6111.1(b) of the act, if the potential applicant is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm, or obtaining a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth, as defined under Federal or State law, and for the purpose of informing the licensee/sheriff making inquiry under sections 6109(d) and 6111.1(b)(iii) of the act.

Source

   The provisions of this §  33.103 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

FORM REQUIREMENTS


§ 33.111. Application/record of sale.

 (a)  Description. The application/record of sale, Form SP 4-113, is a prenumbered three-part form furnished through the State Police under section 6111 of the act (relating to sale or transfer of firearms) and is used to record firearm transactions. A written request for these forms may be directed to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. Telephone requests will not be honored. Forms will be furnished to the licensee/sheriff and shall be requested at least 3 weeks prior to the time of actual need.

 (b)  Requirements.

   (1)  The application/record of sale shall be either typewritten or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. It is the responsibility of the licensee/sheriff, and the transferee/purchaser, to ensure the form is accurately completed as indicated in the block instructions (relating to fines and other penalties). The original shall be transmitted by the licensee/sheriff within 14 days of the sale/transfer by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The first copy shall be retained by the licensee/sheriff for 20 years and filed in a book form in chronological order, with the latest date to the front. The second copy shall be provided to the transferee/purchaser.

   (2)  If a licensed business is discontinued and succeeded by a new licensee, the records prescribed by this section including both completed and blank application/record of sale forms, shall be delivered to the successor. When discontinuance of the business is absolute, the records shall be delivered within 30 days following the business discontinuance to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

 (c)  Retail sale/transfer of a handgun or long gun prior to the implementation of the instantaneous background check. The following are steps for completing the application/record of sale for a retail sale/transfer of a handgun or, a long gun as required in section 6111(b)(1.1)(i) of the act, prior to the implementation of the instantaneous background check.

   (1)  The applicant is provided an application/record of sale form and the applicant shall complete the applicable blocks as indicated on the form. If the applicant does not complete all of the required information or checks ’’yes’’ to any of the questions under transferee’s/purchaser’s information on the form, the sale/transfer may not take place.

   (2)  The licensee/sheriff shall check the applicant’s identification and ensure it meets the requirements under §  33.102 (relating to definitions).

   (3)  The licensee/sheriff shall ensure the form has been accurately completed.

   (4)  The licensee/sheriff shall comply with any applicable waiting period (Federal or State).

   (5)  If the sale/transfer is not denied, the transaction may be completed and the licensee/sheriff shall complete the applicable sections on the form as per block instructions, and provide the transferee/purchaser a summary of the uniform firearm laws which includes a safety brochure. The transferee/purchaser shall then sign the designated block on the form.

 (d)  Retail sale/transfer of a handgun or long gun after the implementation of the instantaneous background check. The following are steps for completing the application/record of sale for a retail sale/transfer of a handgun or long gun as required in section 6111(b)(1.1)(i) of the act, upon the implementation of the instantaneous background check. If the system becomes inoperable for a period exceeding 48 hours as indicated by the State Police at the time an instant background check is requested, the licensee/sheriff shall follow the procedures outlined in subsection (c) for any firearm. This procedure shall stay in effect during the time indicated by State Police at the time of the check. However licensees are still required to comply with the Federal requirements of 18 U.S.C.A. §  922(T) (relating to the National Instant Criminal Background Check System).

   (1)  The applicant is provided an application/record of sale form and shall complete the applicable blocks as indicated on the form. If the applicant does not complete all of the required information or checks ‘‘yes’’ to any of the questions under transferee’s/purchaser’s information on the form, the sale/transfer may not take place.

   (2)  The licensee/sheriff shall check the applicant’s identification and ensure it meets the requirements under §  33.102.

   (3)  The licensee/sheriff shall ensure the form has been accurately completed.

   (4)  The licensee/sheriff shall request an instantaneous background check be conducted on the applicant.

   (5)  If the applicant’s instantaneous background check is approved, the transaction may be completed and the licensee/sheriff shall complete the applicable sections on the form as per block instructions, and provide the transferee/purchaser a summary of the uniform firearm laws which includes a safety brochure. The transferee/purchaser shall then sign the designated block on the form.

 (e)  Private sale/transfer of handgun. The following are the steps for completing the application/record of sale for a private sale/transfer involving a handgun:

   (1)  The licensee/sheriff shall follow the same procedures as outlined in either subsection (c) or (d), except that the transferor’s/seller’s information shall also be included in Section F on the form before the private sale/transfer can be completed. If the transfer is by intestate succession or by bequest, the executor or administrator shall act in the capacity of the transferor/seller. Private sales shall occur only at the place of business of the licensee, or sheriff’s office. The licensee/sheriff shall follow the procedures as if he was the seller.

   (2)  The licensee/sheriff shall retain the application/record of sale as though he were the seller.

 (f)  Approval number. An approval number shall be issued through the instant background check system for use by the licensee/sheriff for approval of an applicant to complete a firearm, as defined in section 6111.2 of the act (relating to firearm sales surcharge), transaction. If the applicant chooses to complete other firearm transactions on the same day with the same licensee/sheriff, the approval number shall be valid for use on the subsequent application/record of sale forms. If the applicant chooses to complete a firearm transaction with a different licensee/sheriff, a new approval number shall be obtained from the State Police by that licensee/sheriff and it shall be valid for all firearm transactions made with the licensee/sheriff for that date, and so on. The applicant shall be issued a receipt from the licensee/sheriff for each firearm transaction made. It shall contain the approval number for the firearm transaction, and date it was given. The application/record of sale may serve as the receipt.

 (g)  Preapproval. At an auction or gun show/meet, an approval number may be obtained by a potential transferee/purchaser for use during a later firearm transaction, as defined in section 6111.2 of the act. The potential transferee/purchaser shall be required to present the required identification to the licensee/sheriff, complete Section B on the application/record of sale and pay the required fee. The licensee/sheriff shall then request that an instantaneous background check be conducted on the potential transferee/purchaser. If approved, the licensee/sheriff shall place the approval number and date on the application, and retain it pending any transactions made by the potential transferee/purchaser on that date.

   (1)  If the potential transferee/purchaser conducts a transaction that requires a completed application/record of sale, the form shall be completed and the transferee/purchaser shall be given a copy to serve as the receipt.

   (2)  If the transferee/purchaser conducts a transaction that does not require a completed application/record of sale, the transferee/purchaser shall be given a copy of the partially completed form to serve as the receipt. The State Police copy shall be voided and forwarded to the State Police. The licensee’s/sheriff’s copy shall be retained as required. The licensee/sheriff shall ensure the fee is included with the surcharge remittance form.

   (3)  If no transaction is made on that date, the licensee/sheriff shall void the form. The State Police copy shall be voided and forwarded to the State Police. The licensee’s/sheriff’s copy shall be retained as required. The licensee/sheriff shall ensure the fee is included with the surcharge remittance form.

 (h)  Fees.

   (1)  Firearm sales surcharge. It is the responsibility of the licensee/sheriff to collect the firearm sales surcharge from the purchaser at the time of the transaction of the firearm, as defined in section 6111.2 of the act.

   (2)  Instantaneous records check. When the instantaneous records check is operational, a fee shall be collected by the licensee/sheriff from the requestor at the time a check is requested, under section 6111(b)(3) of the act.

   (3)  Transmittal of fees. The fees as described in paragraphs (1) and (2), shall be transmitted by the licensee/sheriff within 14 days of collection by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

 (i)  Transmission of fees/surcharges. The licensee/sheriff shall utilize the surcharge remittance form, and if necessary, the surcharge remittance continuation form, when transmitting the fees/surcharges referenced in this subsection. Refer to §  33.112 (relating to surcharge remittance form).

Source

   The provisions of this §  33.111 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

Cross References

   This section cited in 37 Pa. Code §  33.113 (relating to surcharge remittance continuation form).

§ 33.112. Surcharge remittance form.

 (a)  The surcharge remittance form shall be used by the licensee/sheriff to supply the State Police a record of the number of private sales processed, long-guns and handguns sold, telephone instantaneous records checks approved/denied, verification that a background check has been completed for each purchase/transfer as required by the act, and as a means to calculate the amount of fees/surcharges owed by the licensee/sheriff. The surcharge remittance form shall be uniform throughout this Commonwealth and shall be on a form prescribed by the State Police. The form shall be 8 1/2 inches by 11 inches in dimension, on plain white paper.

 (b)  It is the responsibility of the licensee/sheriff to ensure the form is accurately completed as indicated in the block instructions. The form may be typewritten, computer generated or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. The original shall be transmitted by the licensee/sheriff along with a check payable to ‘‘Pennsylvania State Police FSSF’’ covering the total amount of surcharge/fee owed within 14 days of a sale, transfer or instantaneous records check by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

Source

   The provisions of this §  33.112 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

Cross References

   This section cited in 37 Pa. Code §  33.111 (relating to application/record of sale).

§ 33.113. Surcharge remittance continuation form.

 (a)  The surcharge remittance continuation form shall be uniform throughout this Commonwealth and shall be on a form prescribed by the State Police. The form shall be 8 1/2 inches by 11 inches in dimension, on plain white paper. The form shall be used by the licensee/sheriff when additional space is needed to record approval numbers/dates approved as required in §  33.111 (relating to application/record of sale).

 (b)  It is the responsibility of the licensee/sheriff to ensure the form is accurately completed as indicated in the block instructions. The form may be typewritten, computer generated or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. The original shall be transmitted by the licensee/sheriff along with the corresponding surcharge remittance form within 14 days of a sale, transfer or instantaneous records check by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

Source

   The provisions of this §  33.113 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.114. Application for a Pennsylvania license to carry firearms.

 (a)  The application for a Pennsylvania license to carry firearms (as defined in section 6102 of the act (relating to definitions)) form, is used to apply for an original/renewal of a Pennsylvania license to carry firearms and shall be uniform throughout this Commonwealth. It shall be on a form prescribed by the State Police. The form shall be 8 1/2 inches by 11 inches in dimension, on plain white paper. The form shall be used by the issuing authority, that is, county sheriff or a chief of police for a city of the first class, to conduct an investigation within 45 days relative to whether the applicant would be precluded from receiving a license under the conditions in the act.

 (b)  The application for a Pennsylvania license to carry firearms (as defined in section 6102 of the act) shall be typewritten, computer generated or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. It is the responsibility of the issuing authority to utilize the form as prescribed by the State Police, and ensure it is accurately completed in accordance with the block instructions contained therein. The form shall be retained by the issuing authority for 6 years.

 (c)  At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for a renewal of license. Failure to receive a renewal application does not relieve a licensee from the responsibility to renew the license.

Source

   The provisions of this §  33.114 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.115. Pennsylvania license to carry firearms.

 (a)  The Pennsylvania license to carry firearms (as defined in section 6102 of the act (relating to definitions)) form, shall be constructed as a three-part form, 3 inches by 5 3/8 inches in dimension, on white paper. The issuing authorities, that is, county sheriff or a chief of police for a city of the first class, shall utilize the form as prescribed by the State Police.

 (b)  The Pennsylvania license to carry firearms (as defined in section 6102 of the act) shall be typewritten, computer generated or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. A photograph of the applicant may be placed on the license if required by the issuing authority.

 (c)  The form is designed to be folded in half and may be laminated. At the option of the entity furnishing the form, the paper weight of each part may be a minimum of 14 pounds up to a maximum of 28 pounds, and impressions may be produced by utilizing either carbon inserts or no carbon required (NCR) paper. Forms shall be numbered in numerical sequence and the size of the license numbers shall be at least 3/16 of an inch. The first two numbers shall be the county location code followed by the license number—for example, if the license was issued by Dauphin County, the license number would be 22-0000001, and so on.

 (d)  Under section 6109 of the act (relating to licenses), the original shall be issued to the licensee and be valid for 5 years from date of issue, unless revoked sooner. The first copy shall be transmitted by the issuing authority within 7 business days by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The second copy shall be retained by the issuing authority for 6 years.

Source

   The provisions of this §  33.115 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.116. Application for a Pennsylvania license to sell firearms.

 (a)  The application for a Pennsylvania license to sell firearms form is used to apply for an original/renewal of a Pennsylvania license to sell firearms and shall be uniform throughout this Commonwealth. It shall be on a form prescribed by the State Police. The form shall be 8 1/2 inches by 11 inches in dimension, on plain white paper. The form shall be used by the issuing authority, that is, the chief or head of any police department of a city, and elsewhere, the sheriff of the county, to conduct an investigation relative to whether the applicant would be precluded from receiving a license under the conditions in the act.

 (b)  The application for a Pennsylvania license to sell firearms shall be either typewritten, computer generated or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. It is the responsibility of the issuing authority to utilize the form and to ensure it is accurately completed as indicated in the block instructions. The original shall be transmitted by the issuing authority within 7 business days by first class mail to the Pennsylvania State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The issuing authority shall retain a duplicate copy for 6 years.

 (c)  By signing the application, the applicant is acknowledging that if a license be granted, the applicant gives permission to the Pennsylvania State Police, or their designee, and the issuing authority to come to the licensee’s business location and inspect the premises, records, and documents without a warrant, to ensure compliance with this chapter, and the act.

Source

   The provisions of this §  33.116 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.117. Pennsylvania license to sell firearms.

 (a)  The Pennsylvania license to sell firearms form shall be uniform throughout this Commonwealth and shall be on a form prescribed by the State Police. The license shall be 8 1/2 inches by 11 inches in dimension, on plain white paper. The license shall be granted to reputable applicants by the issuing authority. The Pennsylvania license to sell firearms is required for any person engaged in the business of selling or transferring firearms as defined in section 6113(d) of the act (relating to licensing of dealers).

 (b)  The Pennsylvania license to sell firearms shall be either typewritten, computer generated or printed in blue or black ink with a ballpoint pen in three counterparts. Copies shall contain legible impressions. It is the responsibility of the issuing authority to ensure the form is accurately completed as indicated in the block instructions, and that the State Police Firearm Unit is contacted, at (717) 783-5495, to obtain a specific license number for the form. The issuing authority shall use only the license prescribed by the State Police.

 (c)  The original shall be delivered to the licensee to be displayed as prescribed by the act and is valid for 3 years from date of issue. The first copy shall be transmitted by the issuing authority within 7 business days by first class mail to the Pennsylvania State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The issuing authority shall retain the second copy for 6 years.

Source

   The provisions of this §  33.117 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.118. Pennsylvania sportsman’s firearm permit.

 (a)  The Pennsylvania sportsman’s firearm permit form is a prenumbered three-part form furnished by the State Police under section 6106(c) of the act (relating to firearms not to be carried without a license). This permit, granting exemption to section 6106(a) of the act, is issued in conjunction with a hunting, furtaking or fishing license, or permit relating to hunting dogs, under section 6106(b)(9) and (10) and (c) of the act. A written request for these forms may be directed to the Pennsylvania State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. Telephone requests will not be honored. The State Police shall furnish official permit forms to the county treasurer upon request. Requests shall be made 3 weeks prior to the time of actual need. Upon receipt, the county treasurer shall remit to the State Police the sum of $1 for each official permit form furnished in accordance with section 6106 (c) of the act.

 (b)  The Pennsylvania sportsman’s firearm permit shall be completed as indicated in the block instructions. It can either be typewritten or printed in blue or black ink with a ballpoint pen. Copies shall contain legible impressions. The original shall be issued to the licensee and is valid for 5 years from date of issue. The first copy shall be transmitted by the issuing authority within 7 business days by first class mail to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. The issuing authority shall retain the second copy for 2 years after the expiration date.

Source

   The provisions of this §  33.118 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.119. Revocations.

 (a)  A Pennsylvania license to carry firearms, Pennsylvania license to sell firearms or a Pennsylvania sportsman’s firearm permit may be revoked by the issuing authority for good cause.

 (b)  Notice of revocation shall be in writing upon the official letterhead stationery of the issuing authority and shall state the reason for revocation, the full name and date of birth of the licensee as it appears on the license/permit, the number of the license/permit and the date of revocation.

 (c)  The notice shall be sent by certified mail, and, at that time, a copy shall be forwarded to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

 (d)  An individual whose license/permit is revoked shall surrender the license/permit to the issuing authority within 5 days of the receipt of notice.

Source

   The provisions of this §  33.119 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.120. Notification of mental health commitment.

 (a)  The notification of mental health commitment and adjudication of incompetence shall be consistent in form and format throughout this Commonwealth. The notification form and format shall be prescribed by the State Police and used by the judges of the courts of common pleas, mental health review officers and county mental health and mental retardation administrators for notifying the State Police of individuals who have been adjudicated as an incompetent or who have been involuntarily committed to a mental institution for impatient care and treatment under section 302, 303 or 304 of the Mental Health Procedures Act (50 P. S. § §  7102, 7103 and 7104). Following a notification submitted to the State Police that inpatient care was necessary for a person or that a person was commitable, if an examining physician subsequently determines that no severe mental disability existed pursuant to section 302(b) of the Mental Health Care Procedures Act, that examining physician shall utilize the form and format to provide notice to the State Police to expunge the previously submitted notification in accordance with section 6111.1(g)(3) of the act (relating to Pennsylvania State Police).

 (b)  It is the responsibility of the judges of the courts of common pleas, mental health review officers and county mental health and mental retardation administrators to ensure the notification provides complete and accurate information. The notification shall include: The full name of the individual who was involuntarily committed or adjudicated incompetent, at least one numeric identifier (date of birth or Social Security number, or both), and physical description; notification of the type of commitment and date of the commitment or adjudication of incompetence; the county submitting the information, and name, address and telephone number of the notifying official; examining physician’s certification on 302 commitments; facility where the commitment occurred; court case number and date of court order, where applicable. The notification shall be made to the State Police by the judges of the courts of common pleas, mental health review officers and mental health and mental retardation administrators within 7 days of the adjudication, commitment or treatment, or determination by an examining physician of the lack of severe mental disability following the initial commitment as set forth in subsection (a), by the form and format prescribed by the State Police. Notification made by mail, shall be directed to the Pennsylvania State Police, Attention: Firearm Division, PICS Operations, 1800 Elmerton Avenue, Harrisburg, PA 17110. The envelope shall be marked ‘‘Confidential.’’

Source

   The provisions of this §  33.120 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

§ 33.121. PICS firearm acquisition/license to carry/denial challenge.

 (a)  The PICS firearm acquisition/license to carry/denial challenge form, shall be furnished to licensed firearms dealers and county sheriffs in this Commonwealth, to be provided to individuals upon request, who are denied the ability to purchase or acquire a firearm, as defined in section 6111.2 of the act (relating to firearms sales surcharge) or a license to carry a firearm, based upon a PICS firearms background check determination. A written request for these forms may be directed to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110. Forms shall be furnished to the firearms dealer/sheriff and shall be requested at least 3 weeks prior to the time of actual need.

 (b)  The PICS firearm acquisition/license to carry/denial challenge form shall be either typewritten or printed in blue or black ink pen. The form shall be completed containing legible impressions. It shall be the responsibility of the individual submitting the denial challenge to ensure the form is accurately completed. The form shall be submitted within 30 days of the PICS denial determination by the requesting individual, by first class mail, to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

Source

   The provisions of this §  33.121 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

FINES AND PENALTIES


§ 33.122. Fines and other penalties.

 This chapter is promulgated under the authority contained in the act, and will be prosecuted as a violation of the act.

Source

   The provisions of this §  33.122 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

FORMS


§ 33.131. Forms.

 (a)  The following forms have been promulgated by the State Police under authority of the act and this subpart.

   (1)  Application/Record of Sale.

   (2)  Surcharge Remittance Form.

   (3)  Surcharge Remittance Continuation Form.

   (4)  Application for a Pennsylvania License to Carry Firearms.

   (5)  Pennsylvania License to Carry Firearms.

   (6)  Application for a Pennsylvania License to Sell Firearms.

   (7)  Pennsylvania License to Sell Firearms.

   (8)  Pennsylvania Sportsman’s Firearm Permit.

   (9)  Notification of Mental Health Commitment.

   (10)  PICS Firearm Acquisition/ License to Carry/Denial Challenge.

 (b)  The forms are available from the State Police by contacting: Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17110.

Source

   The provisions of this §  33.131 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.