Pennsylvania gun dealers would face inspections, recording rules, and taxes

Local authorities or Pennsylvania State Police would inspect retail gun dealers. State Police would maintain a public gun-tracing database with dealer grades from A to F. Retail dealers would face at least annual inspections, with exceptions for some crime-gun reviews. The database would track recovered guns, alert police, and include arrest and court outcomes. Crime guns include guns recovered after suspected criminal use. Suspected violations based on crime-gun data would trigger at least three inspections yearly for at least two years. Dealers without electronic sales records or parking-lot cameras that record plates would face additional quarterly inspections. Dealers inspected in connection with crime guns in two consecutive years and cleared of lost-or-stolen reporting violations would receive a two-year break from crime-gun-related inspections after the second inspection. Random inspections would still apply. Sellers flagged for disproportionate crime-gun sales in two consecutive years, but found not to violate reporting rules, would be exempt from ranking-based inspections. State Police could suspend dealers who fail inspections. During State Police appeal review, dealers could not sell, distribute, or provide guns or gun accessories. Further appeals could go to the Attorney General and Commonwealth Court. The act would take effect 180 days after enactment. Dealers would have 30 days to appeal suspension. State Police would give reasons within 20 days and decide within 60 days of receiving the appeal. A further appeal to the Attorney General would be due within 30 days of the decision.

Covered firearm businesses would record video around the clock, record indoor audio, and keep recordings for at least one year. The camera rule covers businesses operated by a “licensee,” using a definition from another firearm law. The exact covered group cannot be confirmed without that definition. Cameras would cover interior entrances and exits, gun displays, and sales areas. They would need to identify people clearly and record at least 15 frames per second. Businesses would protect recordings against tampering, unauthorized access, and theft. Systems would show dates and times and alert businesses when recording or storage fails. Access and sharing would be limited to allowed inspections, warrants or court orders, insurance claims, and evidence sharing in civil cases. Inspection access would be required only where a warrant or court order would not generally be needed. Businesses would post recording notices at every entrance and certify yearly that their systems work. Local governments could enforce compatible surveillance rules. The camera rule names January 1, 2027, as its start date. The act would take effect 180 days after enactment, so how those dates fit together is unclear.

Licensed firearm businesses would report lost or stolen guns to authorities within 24 hours of discovery and then report thefts to the central database. The reporting duty covers licensed firearm sellers, dealers, importers, and manufacturers. The daily fine applies to retailers. Reports would go to the appropriate authorities or Pennsylvania State Police and include the facts and circumstances. Businesses that miss the deadline would face court-decided payments for harm resulting from a crime committed with that gun. A retailer that fails to report a lost or stolen gun later recovered in a crime would face a $500 daily fine. The fine would run from when the retailer acquired the gun until recovery. The act would take effect 180 days after enactment. The reporting deadline would run from discovery of the loss or theft.

Licensed sellers would check people leaving guns for sale on consignment and keep written and photographic records of buyers’ vehicle plates and government identification. The sales duties cover licensed importers, manufacturers, and dealers. Consignment means leaving a gun with a business to sell for its owner. Dealer applicants would use the form required by federal or state law. The buyer-record duty would apply to sales or deliveries to people other than licensed importers, manufacturers, dealers, or collectors. Dealer applicants could apply online or submit paper forms at Pennsylvania State Police headquarters and pay an administrative fee. Approved dealers would need business or general liability insurance. Licensing information would go to Pennsylvania State Police for quarterly reports and recommendations. The act would take effect 180 days after enactment. Approved dealers would need insurance no later than six months after application approval.

Firearm sellers would pay 1% taxes on gun and ammunition sales. Pennsylvania would set aside $50 million from its General Fund for inspections, safety, and victim support. The Pennsylvania Commission on Crime and Delinquency would administer the grant program and receive continuing access to account money. A board representing four state agencies would oversee grant approval. Retail gun dealers would also pay a licensing fee whose amount is not stated. The gun tax would cover online purchases held temporarily by a licensed dealer before transfer to the buyer. The Retail Licensee Inspection Account would support inspections, dealer equipment, gun-tracing systems, and services for gun violence victims. Payments would be first-come, first-served and capped at $100,000 each. Victim support could help cover gunshot-related medical expenses for children under 13 and funeral expenses for gun violence victims. Of the $50 million, $5 million would support the Firearm Dealer Safety Grant Program. Local governments could use grants to hire and train inspectors. Federally licensed sellers could apply for cameras, recordkeeping systems, and secure gun storage. Only online applicants would qualify; awards would require approval. The act would take effect 180 days after enactment. Account money would remain available on a continuing basis. Funding for research on these rules would begin five years after that provision takes effect.