THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, JOSEPHS, M. O'BRIEN AND STURLA, MARCH 21, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for sentences

for carrying a firearm without a license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 9712.2.  Sentences for carrying firearm without a license.

(a)  Mandatory sentence.--

(1)  A person who is convicted of a violation of 18

Pa.C.S. § 6106(a)(1) (relating to firearms not to be carried

without a license) shall be sentenced to a minimum sentence

of at least two years of total confinement.

(2)  A person who is convicted of a violation of 18

Pa.C.S. § 6106(a)(2) shall be sentenced to a minimum sentence

of at least six months of total confinement.

(b)  Authority of court in sentencing.--There shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for

under subsection (a) or to place such offender on probation or

to suspend sentence. Nothing in this section may prevent the

sentencing court from imposing a sentence greater than that

provided under this section. Sentencing guidelines promulgated

by the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided under this section.

(c)  Appeal by Commonwealth.--If a sentencing court refuses

to apply this section where applicable, the Commonwealth shall

have the right to appellate review of the action of the

sentencing court. The appellate court shall vacate the sentence

and remand the case to the sentencing court for imposition of a

sentence in accordance with this section if it finds that the

sentence was imposed in violation of this section.

Section 2.  This act shall take effect in 60 days.