reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.32 - Applicant qualification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person or entity desiring certification to operate a
					 lethal weapons training school shall satisfy the following requirements:
(1)
Geographic location.
Schools must be located within this Commonwealth. No school may conduct
				  training at a location other than that specified on the application for school
				  certification submitted to the Department.
(2)
Administrative structure
				  standard.
An individual, partnership, corporation,
				  vocational/technical school, private trade school, college, university, or
				  similar entity may apply for certification to operate a lethal weapons training
				  school. An individual, partnership, corporation, or similar entity must comply
				  with the requirements of the Fictitious Names Act, 54 Pa.C. S. §§
				  301-332, if the school is to be operated under an assumed or fictitious name.
				  Each school applicant must furnish the Department with a copy of the Fictitious
				  Name Certificate or Articles of Incorporation or both, as the case may be, by
				  attaching same to the application for school certification.
(3)
School director
				  standard.
Each school applicant must designate a person as school
				  director. A school director is the individual who bears primary responsibility
				  and authority to administer and operate a certified school. No certified school
				  may continue to operate without an approved school director. A designated
				  school director shall comply with the following criteria to be approved by the
				  Commissioner:
(i) Not have been convicted of a
				  disqualifying criminal offense.
(ii) Complete the school director portion of
				  the application for school certification or an application for approval of
				  school director, as the case may be.
(iii) Undergo fingerprinting by the receiving
				  State Police Officer upon presentation of a satisfactorily completed
				  application for school certification or application for approval of school
				  director at a State Police station, except a Turnpike or Interstate
				  station.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.33 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  applying school must complete an application for school certification, which is
				  available from the Director, Bureau of Training and Education, State Police,
				  Post Office Box AA, Hershey, Pennsylvania 17033.
(b) An applying school must submit the
				  following documents, where applicable, with the completed application:
(1) A copy of the approval document for the
				  range facility, issued by the National Rifle Association.
(2) A copy of the lease or other appropriate
				  document which was executed between the school applicant and the owner/operator
				  of the range facility, if applicable.
(3) A copy of the applying school's Articles
				  of Incorporation, if applicable, or a copy of the applying school's Certificate
				  of Fictitious Name registration or both.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.34 - Approval for school and course certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Commissioner determines that the
				  application for certification meets the requirements of the act and this
				  chapter, he will issue his written approval. If the Commissioner determines
				  that the applicant does not meet the requirements of the act and this chapter,
				  he will issue his written adverse determination.
(b) The approval will be valid unless
				  suspended, revoked or withdrawn.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.35 - School inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Annual inspections.
Each certified school must be completely
				  inspected by a Department representative at least once during each calendar
				  year. The school director shall be responsible for providing the Department
				  inspector with the following:
(1)
				  Comprehensive rules and regulations for student trainees.
(2) Complete student application
				  procedures.
(3) Schedules of
				  training courses.
(4) Complete
				  schedules of tuition charges, and other training related charges.
(5) Complete current rosters of certified
				  instructors, including designation of authorized instructional areas.
(6) Copies of lesson plans for the entire
				  established course.
(7) Testing and
				  grading systems, including copies of final examinations.
(8) Course materials, including books,
				  handouts, and training aids.
(9)
				  Records of class rosters, attendance lists, grades, firearms scores, and the
				  like.
(10) Access to physical
				  facilities used for training purposes.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.36 - Operating provisions

Current through Register Vol. 54, No. 28, July 13, 2024
Each certified school must adhere to the following
					 operating provisions:
(1)
Testing and grading.
Each certified school must ensure that
				  the integrity of the testing and grading of student performance, under the
				  course requirements established by the Commissioner, is constantly maintained
				  as follows:
(i) Each student shall be
				  administered a final examination for the basic academic module. The examination
				  must consist of 50 multiple choice questions, with not less than two nor more
				  than four valid distractors per question. Each question must count as two
				  points.
(ii) Each certified school
				  must develop not less than three complete final examinations for the academic
				  module. No final examination shall be administered to a student class on a
				  consecutive basis. The final basic examination must be of a 2 hour
				  duration.
(iii) A student must
				  attain a minimum score of 70% in the academic module and, if applicable, 75% in
				  the firearms module to be eligible for certification.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED SCHOOLS › Section 21.37 - School prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Testing.
No school director, instructor, or other person
				  associated with a certified school shall aid or counsel an applicant or other
				  person in regard to the required final examination, physical examination and
				  psychological examination.
(b)
Violation/penalty.
A violation of subsection (a) may result in
				  a suspension/revocation of school certification.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED INSTRUCTOR › Section 21.41 - Applicant qualification requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who desires to be certified by the Commissioner to
					 instruct a portion of a lethal weapons training course, must satisfy the
					 following requirements:
(1)
Age.
The applicant must be at least 18 years of age.
(2)
Documents and fees.
The
				  applicant must not have been convicted of a disqualifying criminal
				  offense.
(3)
Education and
				  experience.
The applicant must meet the minimum education and
				  experience standards.
(i)
Academic
				  instructor rating.
An instructor receiving this certification shall be
				  authorized to teach one or more of the following course elements: Legal
				  Authority, Constitutional Restrictions, Principles of Justification,
				  Pennsylvania Crimes Code, Limited Authority, Incident Investigation and
				  Reporting, Testifying in Court. An applicant for the Academic Instructor Rating
				  must have, in addition to a course of study in
				  18 Pa.C.S. §§
												101-9183 (relating to the Crimes Code) and
				  234 Pa. Code (relating to Rules of Criminal Procedure), at least one of the
				  following:
(A) An Associate Degree from a
				  college or university located within this Commonwealth in which the course
				  major was Police Science, Police Administration, Law, Criminology, or a similar
				  Criminal Justice/Law Enforcement curriculum.
(B) An Associate Degree from a college or
				  university located outside of this Commonwealth in which the course major was
				  Police Science, Police Administration, Law, Criminology, or a similar Criminal
				  Justice/Law Enforcement curriculum.
(C) A combination of education, which in the
				  opinion of the Commissioner is equivalent to the educational standards in
				  clause (A) or (B), and a minimum of 2 years experience as an instructor in a
				  police or security academy teaching similar course material.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED INSTRUCTOR › Section 21.42 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  applying instructor must complete an application for instructor certification,
				  which is available from the Director, Bureau of Training and Education,
				  Pennsylvania State Police, Post Office Box AA, Hershey, Pennsylvania
				  17033.
(b) An applying instructor
				  must submit the following items, where applicable, with the completed
				  application:
(1) A certified copy of the
				  college/university transcript which evidences compliance with the education
				  standard.
(2) Documentary evidence
				  of employment experience.
(3)
				  Documentary evidence of instructor experience.
(4) A copy of the firearms instructor
				  certification issued by a recognized organization.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › CERTIFIED INSTRUCTOR › Section 21.43 - Approval of instructor certification

Current through Register Vol. 54, No. 28, July 13, 2024
If the Commissioner determines that the applicant meets the
					 requirements of the act and this chapter, he will issue his written approval.
					 If the Commissioner determines that the applicant does not meet the
					 requirements of the act and this chapter, he will issue his written adverse
					 determination.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.51 - Adverse determination

Current through Register Vol. 54, No. 28, July 13, 2024
When it is determined that a person or entity who has
					 applied for certification/approval/exemption under the act is unqualified for
					 the certification/approval/exemption, a written notice of adverse determination
					 which must contain specific information regarding the applicant's right to a
					 hearing will be issued.
This section cited in 37 Pa. Code §
												21.18 (relating to denial of
						application).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.52 - Suspension/revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proposed suspension/revocation.
A notice of proposed
				  suspension/revocation to a certified/approved person or entity may be issued.
				  The notice will contain an explanation of the basis for his proposed
				  suspension/revocation, with specific information regarding the individual's or
				  entity's right to a hearing. If the notified party timely requests a hearing,
				  the request shall serve to stay the proposed suspension/revocation pending the
				  outcome of the hearing and the Commissioner's final determination. The notice
				  may be issued whenever:
(1) False fraudulent
				  or misstated information is found to appear on any application or other
				  document associated with the person or entity.
(2) A change of circumstances occurs that
				  would render the person or entity ineligible, unqualified or otherwise unfit
				  for certification/approval.
(3) A
				  substantial violation of the act or this chapter is committed by the
				  certified/approved person or entity.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.53 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
If a hearing is requested as a result of an adverse
					 determination, proposed suspension/revocation or summary suspension/revocation,
					 an administrative hearing will be scheduled and a notice of hearing will be
					 sent to all parties to the proceedings. Hearings will be held at a location as
					 determined by the Commissioner.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.54 - Hearing examiner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  hearing examiner will be appointed by the Commissioner to conduct requested
				  hearings.
(b) Subsection (a)
				  supplements 1 Pa. Code §
										35.185 (relating to designation of
				  presiding officers).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.55 - Evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties have
				  the right of presentation of evidence, cross-examination, objection, motion,
				  and argument. The hearing examiner will not be bound by technical rules of
				  evidence, but all relevant and material evidence of reasonable probative value
				  shall be admissible. The hearing examiner may limit the number of witnesses
				  upon an issue and may require a party to present additional evidence on an
				  issue. Witnesses shall be sworn or shall affirm.
(b) Applications, certifications, orders, and
				  formal notices relating to the proceedings may be considered by the hearing
				  examiner in deciding the case even though they have not been made a part of the
				  record or referred to therein. The hearing examiner may also take official
				  notice of an official or public document not relating to the proceeding and of
				  a matter subject to judicial notice.
(c) Subsections (a) and (b) supplement 1 Pa.
				  Code §§
										35.161-35.169 and
				  35.173 (relating to evidence and
				  official notice).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.56 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parties
				  may, and upon request shall, submit briefs within such time as the hearing
				  examiner will prescribe and will serve a copy of the brief on the other
				  parties.
(b) Subsection (a)
				  supersedes 1 Pa. Code §
										35.191 (relating to proceedings in
				  which briefs are to be filed).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.57 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hearings must
				  be stenographically reported and a transcript of the report must be a part of
				  the record.
(b) Parties desiring
				  copies of the transcript may obtain copies from the official reporter. Parties
				  will also have the opportunity to review a copy of the transcript on file with
				  the Department.
(c) Subsections (a)
				  and (b) supplement 1 Pa. Code §§
										35.131-35.133 (relating to
				  transcript).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.58 - Witness fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Witnesses
				  subpoenaed by the State Police shall be paid the same fees and mileage as are
				  paid for like services in the Courts of Common Pleas.
(b) Subsection (a) supersedes 1 Pa. Code
				  §
										35.139 (relating to fees of
				  witnesses).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.59 - Continuances

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings will only be continued for compelling reasons.
					 Requests for continuances shall be submitted to the hearing examiner, in
					 writing, with a copy served upon other parties to the
					 proceedings.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.60 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon request of
				  a principal to the Director, Bureau of Training and Education, State Police,
				  Post Office Box AA, Hershey, Pennsylvania 17033, the hearing examiner will for
				  cause, issue subpoenas under the signature of the Commissioner and Seal of the
				  Department. The subpoenas must be for the attendance of witnesses or production
				  of documentary evidence, and shall be served in person or by certified mail,
				  return receipt.
(b) Compliance with
				  a subpoena may be excused by the Hearing Examiner when he determines that the
				  testimony or documents are not relevant or material to the issues in hearing,
				  or for other just causes.
(c)
				  Subsections (a) and (b) supersede 1 Pa. Code §
										35.142 (relating to
				  subpoenas).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 21 - ADMINISTRATION OF THE LETHAL WEAPONS TRAINING PROGRAM › ADMINISTRATIVE ADJUDICATIONS › Section 21.61 - Hearing examiner's recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the conclusion of the proceedings, the
				  hearing examiner will submit a written report to the Commissioner. His report
				  will contain findings of fact, conclusions of law and
				  recommendations.
(b) The
				  recommendations will be reviewed and considered by the Commissioner in his
				  disposition of the matter.
(c) The
				  Commissioner will serve a copy of his decision on the principals to the
				  proceedings or their representatives.
(d) Subsections (a)-(c) supersede 1 Pa. Code
				  §§
										35.201-35.207 (relating to proposed
				  reports generally).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 23 - ADMINISTRATION OF THE BUREAU OF LIQUOR CONTROL ENFORCEMENT AGE COMPLIANCE CHECK PROGRAM › GENERAL PROVISIONS › Section 23.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates otherwise:
Age compliance check
-An undercover
					 investigation of a licensed premises during which an underage buyer purchases
					 or attempts to purchase liquor or malt or brewed beverages under the
					 supervision of a Bureau officer.
Board-approved manager
-A person appointed
					 or designated by the licensee and approved by the Liquor Control Board under 40
					 Pa. Code §
										5.16, §
										5.17 or §
										5.23 (relating to appointment of
					 managers, distributor or importing distributor licensees: appointment of
					 manager; and appointment of managers).
Bureau officer
-A State Police officer or
					 liquor enforcement officer who is assigned to an age compliance check.
Compliance
-Refusing sale or service of
					 liquor or malt or brewed beverages to the underage buyer as required by section
					 493(1) of the Liquor Code (47 P. S. §
											4-493(1)).
Enforcement Bureau
or
Bureau
-The Bureau of Liquor Control Enforcement of the State
					 Police.
Licensed premises
-A business licensed by
					 the Liquor Control Board to sell liquor or malt or brewed beverages in this
					 Commonwealth.
Liquor
-Includes any alcoholic,
					 spirituous, vinous, fermented or other alcoholic beverage, or combination of
					 liquors and mixed liquor a part of which is spirituous, vinous, fermented or
					 otherwise alcoholic, including all drinks and drinkable liquids, preparations
					 or mixtures, and reused, recovered or redistilled denatured alcohol usable or
					 taxable for beverage purposes which contain more than .5% of alcohol by volume,
					 except pure ethyl alcohol and malt or brewed beverages.
Malt or brewed beverages
-Any beer, lager
					 beer, ale, porter or similar fermented malt beverage containing .5% or more of
					 alcohol by volume, by whatever name the beverage may be called.
Purchase
-Obtaining food, nonalcoholic
					 beverages, liquor, alcohol or malt or brewed beverages for consideration.
Sale or sell
-The transfer of liquor,
					 alcohol or malt or brewed beverages for consideration.
Underage buyer
-An individual between 18
					 and 20 years of age who is an officer, employee or intern of the Enforcement
					 Bureau and participates in an age compliance check.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 23 - ADMINISTRATION OF THE BUREAU OF LIQUOR CONTROL ENFORCEMENT AGE COMPLIANCE CHECK PROGRAM › COMPLIANCE CHECKS › Section 23.21 - Required training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Bureau officers
. Before participating in an age compliance
				  check, Bureau officers shall complete training approved by the Enforcement
				  Bureau.
(b)
Underage
				  buyers
. Before participating in an age compliance check, an underage
				  buyer shall:
(1) Complete a training course
				  prescribed by the Enforcement Bureau, which includes instruction in at least
				  the following areas of study:
(i) Sections
				  493(1) and 493(14) of the Liquor Code (47 P. S. §§
													4-493(1) and
				  4-493(14)) and
				  18 Pa.C.S. §§
													6307-6310.3.
(ii) Safety protocols.
(iii) Undercover investigations.
(iv) Testifying in court.
(v) Alcohol abuse.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 23 - ADMINISTRATION OF THE BUREAU OF LIQUOR CONTROL ENFORCEMENT AGE COMPLIANCE CHECK PROGRAM › COMPLIANCE CHECKS › Section 23.22 - Age compliance checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  age compliance check shall be conducted with at least one Bureau officer for
				  each underage buyer.
(b) A Bureau
				  officer shall be in charge of the age compliance check.
(c) A Bureau officer shall enter and remain
				  inside the licensed premises during the age compliance check.
(d) The age compliance check shall be
				  conducted at the licensed premises during regular business hours.
(e) The Bureau officer shall observe the
				  activity inside the licensed premises and determine if it is safe and
				  appropriate to conduct the age compliance check.
(f) Underage buyers may purchase or attempt
				  to purchase liquor or malt or brewed beverages only during an age compliance
				  check and only while under the direct supervision of a Bureau
				  officer.
(g) Underage buyers may
				  not consume liquor or malt or brewed beverages.
(h) If an underage buyer removes the liquor
				  or malt or brewed beverages from the licensed premises, the underage buyer
				  shall deliver the liquor or malt or brewed beverages to the Bureau officer as
				  soon as possible, consistent with safety protocols.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 23 - ADMINISTRATION OF THE BUREAU OF LIQUOR CONTROL ENFORCEMENT AGE COMPLIANCE CHECK PROGRAM › COMPLIANCE CHECKS › Section 23.23 - Notification of results of age compliance check

Current through Register Vol. 54, No. 28, July 13, 2024
A Bureau officer will be responsible for insuring
					 notification is made of the results of the age compliance check to the
					 Board-approved manager or person in charge of the licensed premises.
(1) If the licensed premises is not in
				  compliance, immediate verbal notification will be provided followed by written
				  notification within 10 working days.
(2) If the licensed premises is found to be
				  in compliance, written notification of compliance will be provided within 10
				  working days.
(3) Verbal and
				  written notification will include the date and time of the compliance check as
				  well as the name of the server if known.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › GENERAL PROVISIONS › Section 31.101 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth regulations for the storage of
					 firearms by licensed retail dealers if a clear and present danger to public
					 safety is found by the Commissioner to exist within this Commonwealth during
					 the hours when the licensed retail dealer is closed for business. This chapter
					 applies to all licensed retail dealers and their designated
					 employees.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › GENERAL PROVISIONS › Section 31.102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this subpart,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-The Pennsylvania Uniform Firearms Act
					 of 1995, 18 Pa.C.S. Chapter 61, Subchapter A.
Commissioner
-The Commissioner of the State
					 Police.
Designated employee
-An employee of the
					 licensed retail dealer who is designated by the licensed retail dealer to have
					 direction or control in the sale of firearms to the consumer-for example,
					 sporting goods department manager, firearms department manager.
Firearm
-Unless otherwise defined a weapon
					 which is designed to or may readily be converted to expel a projectile by the
					 action of an explosive or the frame or receiver of the weapon.
Licensed retail dealer
-A person,
					 partnership, association or corporation licensed to sell or transfer firearms
					 to the consumer.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › LICENSED RETAIL DEALERS › Section 31.103 - Responsibilities of licensed retail dealers and designated employees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. If a clear and present danger to public safety is
				  found by the Commissioner to exist in this Commonwealth, licensed retail
				  dealers located in the affected area, upon public announcement by the
				  Commissioner as referred to in section 6113 of the act (relating to licensing
				  of dealers), shall securely store all firearms which are on the business
				  premises during the hours when the licensed retail dealer is closed for
				  business.
(b)
Storage
. Licensed retail dealers located in the affected area,
				  upon public announcement by the Commissioner, are required to comply with one
				  of the following:
(1) All firearms shall be
				  removed from public display. This includes firearms in display cases, racks and
				  shelves within the premises. These firearms shall be placed in a suitable safe,
				  vault or storeroom until the Commissioner has declared the danger to have
				  ceased.
(2) Those licensed retail
				  dealers who do not have a suitable safe, vault or storeroom shall remove all
				  firearms from public view. A bolt, cylinder or any other essential part the
				  absence of which would make the firearm inoperable shall be removed from each
				  firearm and stored at a location other than the licensed retail dealer's place
				  of business until the Commissioner has declared the danger to have ceased. The
				  location shall be at a place geographically removed from the emergency and
				  shall restrict unauthorized access.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › LICENSED RETAIL DEALERS › Section 31.104 - Storage requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  suitable storeroom for the storage of firearms shall consist of a separate room
				  or closet located inside the premises. There may not be any windows or outside
				  exits to this room. The entrance door of the storeroom shall be of solid wood
				  or metal with the hinges to be designed and located so the pins cannot be
				  pulled from outside the room. Door locks shall be the cylinder type, in good
				  working order, firmly set in place, and with locking bolts or bars so designed
				  that they cannot be pushed back with a thin instrument such as a knife blade or
				  plastic card. The ceiling, floor and walls shall be constructed of wood, metal
				  or wallboard to prevent entrance from an adjoining building or room.
(b) Vaults or safes employed to store the
				  firearms shall be constructed of metal, steel or similar materials to prevent
				  unauthorized entry.
(c) The
				  premises or storeroom of a licensed retail dealer may be equipped with other
				  security devices which the retail dealer deems necessary in addition to the
				  requirements in this chapter.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › LICENSED RETAIL DEALERS › Section 31.105 - Commissioner's notification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  the Commissioner determines that a clear and present danger to public safety in
				  this Commonwealth exists, the Commissioner will notify all licensed retail
				  dealers through public announcements through the news media.
(b) If the Commissioner determines that the
				  clear and present danger to public safety in this Commonwealth has ceased, the
				  Commissioner will notify all licensed retail dealers through public
				  announcements through the news media.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 31 - STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT › LICENSED RETAIL DEALERS › Section 31.106 - Fines and other penalties

Current through Register Vol. 54, No. 28, July 13, 2024
Failure of any licensed retail dealer or a designated
					 employee to abide by this chapter may result in prosecution under the
					 act.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › GENERAL › Section 33.101 - Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › GENERAL › Section 33.102 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › GENERAL › Section 33.103 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
(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 constitution,
				  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 or Federal
				  Constitution, or both.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.111 - Application/record of sale

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.112 - Surcharge remittance form

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
This section cited in 37 Pa. Code §
												33.111 (relating to
						application/record of sale).
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.113 - Surcharge remittance continuation form

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.114 - Application for a Pennsylvania license to carry firearms

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.115 - Pennsylvania license to carry firearms

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 37 - LAW › Part I - State Police › Chapter 33 - PROCEDURES AND SPECIFICATIONS FOR FIREARM RECORD FORMS UNDER THE UNIFORM FIREARMS ACT › FORM REQUIREMENTS › Section 33.116 - Application for a Pennsylvania license to sell firearms

Current through Register Vol. 54, No. 28, July 13, 2024
(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.