37 Pa. Code Chapter 31. Standards For Licensed Retail Dealers Under The Uniform Firearms Act

Pennsylvania Code

CHAPTER 31. STANDARDS FOR LICENSED RETAIL DEALERS UNDER THE UNIFORM FIREARMS ACT

GENERAL PROVISIONS

Sec.

31.1—31.6      [Reserved].
31.11.    [Reserved].
31.21.    [Reserved].
31.101.    Scope.
31.102.    Definitions.
LICENSED RETAIL DEALERS

31.103.    Responsibilities of licensed retail dealers and designated employees.
31.104.    Storage requirements.
31.105.    Commissioner’s notification.
31.106.    Fines and other penalties.
Authority

   The provisions of this Chapter 31 amended under the Pennsylvania Uniform Firearms Act of 1995, 18 Pa.C.S. § §  6101—6126, unless otherwise noted.
GENERAL PROVISIONS

§ § 31.1—31.6. [Reserved].

Source

   The provisions of these § §  31.1—31.6 adopted December 16, 1977, effective December 17, 1977, 7 Pa.B. 3784; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial pages (237921) to (237924).
§ 31.11. [Reserved].

Source

   The provisions of this §  31.11 adopted December 16, 1977, effective December 17, 1977, 7 Pa.B. 3784; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial page (237924).
§ 31.21. [Reserved].

Source

   The provisions of this §  31.21 adopted December 16, 1977, effective December 17, 1977, 7 Pa.B. 3784; reserved February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145. Immediately preceding text appears at serial pages (237924) to (237926).
§ 31.101. Scope.

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.

Source

   The provisions of this §  31.101 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.
§ 31.102. Definitions.

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.

Source

   The provisions of this §  31.102 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

LICENSED RETAIL DEALERS

§ 31.103. Responsibilities of licensed retail dealers and designated employees.

(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.
(c)  Designated employee instructions.
   (1)  In the absence of the licensed retail dealer, the designated employee is responsible for the securing of firearms according to subsection (b).
   (2)  Licensed retail dealers shall instruct their designated employees of the storage requirements of firearms, if the Commissioner finds a time of clear and present danger to public safety.

Source

   The provisions of this §  31.103 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.
§ 31.104. Storage requirements.

(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.

Source

   The provisions of this §  31.104 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.
§ 31.105. Commissioner’s notification.

(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.

Source

   The provisions of this §  31.105 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.
§ 31.106. Fines and other penalties.

Failure of any licensed retail dealer or a designated employee to abide by this chapter may result in prosecution under the act.

Source

   The provisions of this §  31.106 adopted February 23, 2001, effective February 24, 2001, 31 Pa.B. 1145.

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