Pennsylvania SB 40: An Act providing for individuals to voluntarily register for the Pennsylvania Do-Not-Sell List maintained by the Pennsylvania State Police, for firearms not to be in the possession of a registrant and for advertising by the Department of Health; and imposing penalties.

Bill Text

PRINTER'S NO. 791
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 40
Session of
2025
INTRODUCED BY KANE, SANTARSIERO, KEARNEY, HAYWOOD, COMITTA,
TARTAGLIONE, COSTA AND L. WILLIAMS, MAY 12, 2025
REFERRED TO JUDICIARY, MAY 12, 2025
AN ACT
Providing for individuals to voluntarily register for the
Pennsylvania Do-Not-Sell List maintained by the Pennsylvania
State Police, for firearms not to be in the possession of a
registrant and for advertising by the Department of Health;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Do-Not-Sell
Firearm Registry Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Firearm." As defined in 18 Pa.C.S. § 6102 (relating to
definitions).
"List." The Pennsylvania Do-Not-Sell List established under
this act.
"Personal information." The following:
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(1) Full name.
(2) Date of birth.
(3) Address.
(4) Telephone number.
"Registrant." An individual who voluntarily registers for
the list either through an Internet website or hard copy form.
"Registry." The Do-Not-Sell Firearm Registry authorized
under this act.
Section 3. Do-Not-Sell Firearm Registry.
(a) Establishment.--Within one year of the effective date of
this section, the Pennsylvania State Police shall develop and
launch a secure Internet-based registry, to be known as the Do-
Not-Sell Firearm Registry, to allow an individual residing in
this Commonwealth to voluntarily register the individual's
personal information on a list to be established and known as
the Pennsylvania Do-Not-Sell List.
(b) Protections.--The Pennsylvania State Police shall ensure
that the list credibly:
(1) Verifies the identity of a registrant.
(2) Prevents unauthorized disclosures of registrants.
(3) Informs the registrant of the legal effects of
registration.
(c) Forms.--Within six months of the effective date of this
section, the Pennsylvania State Police shall develop and widely
distribute a hard copy form to allow an individual to register
the individual's personal information on the registry and a form
for an individual to request removal of personal information
from the registry. The forms may be:
(1) uploaded to an Internet-based platform with a
photocopy of a government-issued photo identification;
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(2) submitted in person at a county clerk's office with
a government-issued photo identification;
(3) mailed to the Pennsylvania State Police with a
photocopy of a government-issued photo identification; or
(4) transmitted by text message to the Pennsylvania
State Police with a picture of a government-issued photo
identification.
(d) Email notification option.--
(1) The registry and registration form shall provide the
option of entering up to five email addresses for email
notifications.
(2) The registrant may provide email addresses at the
time of registration or any time after registration.
(3) The Pennsylvania State Police shall transmit a
notice to the email address or email addresses as provided if
the registrant subsequently seeks to remove the registrant's
name from the registry.
(e) Record of personal information in databases.--After a
registrant provides personal information and is placed on the
registry, the Pennsylvania State Police shall record that
information in the Pennsylvania Instant Check System and the
NICS Index Denied Persons File.
Section 4. Unlawful sale or delivery of firearms to registrant.
(a) Unlawful activity.--A firearm importer, firearm
manufacturer or firearm dealer licensed under the laws of this
Commonwealth, or an entity or individual dealing in firearms
required to perform a background check, may not sell or deliver
a firearm to a registrant.
(b) Penalty.--Violation of subsection (a) shall be
punishable by a fine up to $10,000 and imprisonment for no more
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than one year.
Section 5. Removal from registry.
(a) Removal by request.--A registrant may request that the
registrant's personal information be removed from the registry
by one of the methods listed under section 3 for registration.
Twenty-one days after the request for removal is received, the
Pennsylvania State Police shall remove the requesting registrant
from the Pennsylvania Instant Check System and notify the FBI to
remove the requesting registrant from the NICS Index Denied
Persons File. The Pennsylvania State Police shall purge all
records of the registration and removal of the registrant's
personal information from the registry.
(b) Removal by court.--The personal information of a
registrant may be immediately removed from the registry by
ap