PRINTER'S NO. 1089
No. 954 Session of 2005
INTRODUCED BY WILLIAMS, BISHOP, BLACKWELL, CRUZ, CURRY,
D. EVANS, FRANKEL, JOSEPHS, W. KELLER, LEDERER, THOMAS AND
YOUNGBLOOD, MARCH 15, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for persons not to
3 possess, use, manufacture, control, sell or transfer firearms
4 and for carrying firearms on public streets or public
5 property in Philadelphia.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6105(b) and 6108 of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 6105. Persons not to possess, use, manufacture, control, sell
11 or transfer firearms.
12 * * *
13 (b) Enumerated offenses.--The following offenses shall apply
14 to subsection (a):
15 Section 908 (relating to prohibited offensive weapons).
16 Section 911 (relating to corrupt organizations).
17 Section 912 (relating to possession of weapon on school
18 property).
19 Section 2502 (relating to murder).
1 Section 2503 (relating to voluntary manslaughter).
2 Section 2504 (relating to involuntary manslaughter) if
3 the offense is based on the reckless use of a firearm.
4 Section 2702 (relating to aggravated assault).
5 Section 2703 (relating to assault by prisoner).
6 Section 2704 (relating to assault by life prisoner).
7 Section 2709.1 (relating to stalking).
8 Section 2716 (relating to weapons of mass destruction).
9 Section 2901 (relating to kidnapping).
10 Section 2902 (relating to unlawful restraint).
11 Section 2910 (relating to luring a child into a motor
12 vehicle).
13 Section 3121 (relating to rape).
14 Section 3123 (relating to involuntary deviate sexual
15 intercourse).
16 Section 3125 (relating to aggravated indecent assault).
17 Section 3301 (relating to arson and related offenses).
18 Section 3302 (relating to causing or risking
19 catastrophe).
20 Section 3502 (relating to burglary).
21 Section 3503 (relating to criminal trespass) if the
22 offense is graded a felony of the second degree or higher.
23 Section 3701 (relating to robbery).
24 Section 3702 (relating to robbery of motor vehicle).
25 Section 3921 (relating to theft by unlawful taking or
26 disposition) upon conviction of the second felony offense.
27 Section 3923 (relating to theft by extortion) when the
28 offense is accompanied by threats of violence.
29 Section 3925 (relating to receiving stolen property) upon
30 conviction of the second felony offense.
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1 Section 4912 (relating to impersonating a public servant)
2 if the person is impersonating a law enforcement officer.
3 Section 4952 (relating to intimidation of witnesses or
4 victims).
5 Section 4953 (relating to retaliation against witness [or
6 victim], victim or party).
7 Section 5121 (relating to escape).
8 Section 5122 (relating to weapons or implements for
9 escape).
10 Section 5501(3) (relating to riot).
11 Section 5515 (relating to prohibiting of paramilitary
12 training).
13 Section 5516 (relating to facsimile weapons of mass
14 destruction).
15 Section 6106(a)(1) (relating to firearms not to be
16 carried without a license).
17 Section 6108(a) (relating to carrying firearms on public
18 streets or public property in Philadelphia).
19 Section 6110.1 (relating to possession of firearm by
20 minor).
21 Section 6301 (relating to corruption of minors).
22 Section 6302 (relating to sale or lease of weapons and
23 explosives).
24 Any offense equivalent to any of the above-enumerated
25 offenses under the prior laws of this Commonwealth or any
26 offense equivalent to any of the above-enumerated offenses
27 under the statutes of any other state or of the United
28 States.
29 * * *
30 § 6108. Carrying firearms on public streets or public property
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1 in Philadelphia.
2 [No person shall] (a) General rule.--Except as provided in
3 subsection (b), it shall be a felony of the third degree to
4 carry a firearm, rifle or shotgun at any time upon the public
5 streets or upon any public property in a city of the first class
6 unless:
7 (1) such person is licensed to carry a firearm; or
8 (2) such person is exempt from licensing under section
9 6106(b) [of this title] (relating to firearms not to be
10 carried without a license).
11 (b) Exception.--A person who violates subsection (a) and is
12 otherwise eligible to possess a valid license under this chapter
13 commits a misdemeanor of the first degree.
14 Section 2. This act shall take effect in 60 days.
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