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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATERS, YOUNGBLOOD, M. O'BRIEN AND DONATUCCI, MARCH 24, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for sentences |
3 | for carrying a firearm without a license. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 42 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 9712.2. Sentences for carrying firearm without a license. |
9 | (a) Mandatory sentence.-- |
10 | (1) Any person who is convicted of a violation of 18 |
11 | Pa.C.S. § 6106(a)(1) (relating to firearms not to be carried |
12 | without a license) shall be sentenced to a minimum sentence |
13 | of at least two years of total confinement. |
14 | (2) Any person who is convicted of a violation of 18 |
15 | Pa.C.S. § 6106(a)(2) shall be sentenced to a minimum sentence |
16 | of at least six months of total confinement. |
17 | (b) Authority of court in sentencing.--There shall be no |
18 | authority in any court to impose on an offender to which this |
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1 | section is applicable any lesser sentence than provided for |
2 | under subsection (a) or to place such offender on probation or |
3 | to suspend sentence. Nothing in this section shall prevent the |
4 | sentencing court from imposing a sentence greater than that |
5 | provided under this section. Sentencing guidelines promulgated |
6 | by the Pennsylvania Commission on Sentencing shall not supersede |
7 | the mandatory sentences provided under this section. |
8 | (c) Appeal by Commonwealth.--If a sentencing court refuses |
9 | to apply this section where applicable, the Commonwealth shall |
10 | have the right to appellate review of the action of the |
11 | sentencing court. The appellate court shall vacate the sentence |
12 | and remand the case to the sentencing court for imposition of a |
13 | sentence in accordance with this section if it finds that the |
14 | sentence was imposed in violation of this section. |
15 | Section 2. This act shall take effect in 60 days. |
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