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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FARNESE, LEACH, WILLIAMS, TARTAGLIONE, WASHINGTON AND HUGHES, FEBRUARY 23, 2011 |
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| REFERRED TO JUDICIARY, FEBRUARY 23, 2011 |
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| AN ACT |
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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 |
4 | firearms. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6105(a.1)(1), (b) and (c)(2) of Title 18 |
8 | of the Pennsylvania Consolidated Statutes, amended October 17, |
9 | 2008 (P.L.1628, No.131), are amended to read: |
10 | § 6105. Persons not to possess, use, manufacture, control, sell |
11 | or transfer firearms. |
12 | * * * |
13 | (a.1) Penalty.-- |
14 | (1) A person convicted of a felony enumerated under |
15 | subsection (b) [or a felony under the act of April 14, 1972 |
16 | (P.L.233, No.64), known as The Controlled Substance, Drug, |
17 | Device and Cosmetic Act, or any equivalent Federal statute or |
18 | equivalent statute of any other state,] who violates |
19 | subsection (a) commits a felony of the second degree. |
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1 | * * * |
2 | (b) Enumerated offenses.--The following offenses shall apply |
3 | to subsection (a): |
4 | Section 908 (relating to prohibited offensive weapons). |
5 | Section 911 (relating to corrupt organizations). |
6 | Section 912 (relating to possession of weapon on school |
7 | property). |
8 | Section 2502 (relating to murder). |
9 | Section 2503 (relating to voluntary manslaughter). |
10 | Section 2504 (relating to involuntary manslaughter) if |
11 | the offense is based on the reckless use of a firearm. |
12 | Section 2702 (relating to aggravated assault). |
13 | Section 2703 (relating to assault by prisoner). |
14 | Section 2704 (relating to assault by life prisoner). |
15 | Section 2709.1 (relating to stalking). |
16 | Section 2716 (relating to weapons of mass destruction). |
17 | Section 2901 (relating to kidnapping). |
18 | Section 2902 (relating to unlawful restraint). |
19 | Section 2910 (relating to luring a child into a motor |
20 | vehicle or structure). |
21 | Section 3121 (relating to rape). |
22 | Section 3123 (relating to involuntary deviate sexual |
23 | intercourse). |
24 | Section 3125 (relating to aggravated indecent assault). |
25 | Section 3301 (relating to arson and related offenses). |
26 | Section 3302 (relating to causing or risking |
27 | catastrophe). |
28 | Section 3502 (relating to burglary). |
29 | Section 3503 (relating to criminal trespass) if the |
30 | offense is graded a felony of the second degree or higher. |
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1 | Section 3701 (relating to robbery). |
2 | Section 3702 (relating to robbery of motor vehicle). |
3 | Section 3921 (relating to theft by unlawful taking or |
4 | disposition) upon conviction of the second felony offense. |
5 | Section 3923 (relating to theft by extortion) when the |
6 | offense is accompanied by threats of violence. |
7 | Section 3925 (relating to receiving stolen property) upon |
8 | conviction of the second felony offense. |
9 | Section 4906 (relating to false reports to law |
10 | enforcement authorities) if the fictitious report involved |
11 | the theft of a firearm as provided in section 4906(c)(2). |
12 | Section 4912 (relating to impersonating a public servant) |
13 | if the person is impersonating a law enforcement officer. |
14 | Section 4952 (relating to intimidation of witnesses or |
15 | victims). |
16 | Section 4953 (relating to retaliation against witness, |
17 | victim or party). |
18 | Section 5121 (relating to escape). |
19 | Section 5122 (relating to weapons or implements for |
20 | escape). |
21 | Section 5501(3) (relating to riot). |
22 | Section 5515 (relating to prohibiting of paramilitary |
23 | training). |
24 | Section 5516 (relating to facsimile weapons of mass |
25 | destruction). |
26 | Section 6110.1 (relating to possession of firearm by |
27 | minor). |
28 | Section 6301 (relating to corruption of minors). |
29 | Section 6302 (relating to sale or lease of weapons and |
30 | explosives). |
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1 | Any offense equivalent to any of the above-enumerated |
2 | offenses under the prior laws of this Commonwealth or any |
3 | offense equivalent to any of the above-enumerated offenses under |
4 | the statutes of any other state or of the United States. |
5 | Any offense under the act of April 14, 1972 (P.L.233, No.64), |
6 | known as The Controlled Substance, Drug, Device and Cosmetic |
7 | Act, or any equivalent Federal statute or equivalent statute of |
8 | any other state, that may be punishable by a term of |
9 | imprisonment exceeding two years. |
10 | (c) Other persons.--In addition to any person who has been |
11 | convicted of any offense listed under subsection (b), the |
12 | following persons shall be subject to the prohibition of |
13 | subsection (a): |
14 | * * * |
15 | [(2) A person who has been convicted of an offense under |
16 | the act of April 14, 1972 (P.L.233, No.64), known as The |
17 | Controlled Substance, Drug, Device and Cosmetic Act, or any |
18 | equivalent Federal statute or equivalent statute of any other |
19 | state, that may be punishable by a term of imprisonment |
20 | exceeding two years.] |
21 | * * * |
22 | Section 2. This act shall take effect in 60 days. |
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