1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for carrying
3firearms on public streets or public property in
4Philadelphia.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6108 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 6108. Carrying firearms on public streets or public property
10in Philadelphia.

11(a) General rule.--No person shall carry a firearm[, rifle
12or shotgun] at any time upon the public streets or upon any
13public property in a city of the first class unless:

14(1) such person is licensed to carry a firearm; or

15(2) such person is exempt from licensing under section
166106(b) of this title (relating to firearms not to be carried
17without a license).

18(b) Mandatory sentence.--

19(1) Notwithstanding any other provision of this title or

1other statute to the contrary, if the person in possession,
2at the time he is arrested for a violation of this section,
3is not the lawful owner of the firearm, then the offense
4shall be graded as a third degree felony, and the person in
5possession shall be sentenced to a minimum sentence of at
6least two years of total confinement.

7(2) Such person shall not be eligible for parole,
8probation, work release or furlough.

9(3) This subsection shall not apply to any person who is
10otherwise eligible to possess a firearm under this chapter
11and who is operating a motor vehicle which is registered in
12the person's name or the name of a spouse or parent and which
13contains a firearm for which a valid license has been issued
14pursuant to section 6109 (relating to licenses) to the spouse
15or parent owning the firearm.

16(c) Proof at sentencing.--Provisions of this section shall
17not be an element of the crime and notice thereof to the
18defendant shall not be required prior to conviction, but
19reasonable notice of the Commonwealth's intention to proceed
20under this section shall be provided after conviction and before
21sentencing. The applicability of this section shall be
22determined at sentencing. The court shall consider any evidence
23presented at trial and shall afford the Commonwealth and the
24defendant an opportunity to present any necessary evidence and
25shall determine, by a preponderance of the evidence, if this
26section is applicable. A record of sale, as maintained by the
27Pennsylvania State Police under 42 Pa.C.S. § 6111(b) (relating
28to handwriting) in another person's name may be evidence of
29unlawful ownership.

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

1authority in any court to impose on an offender to which this
2section is applicable any lesser sentence than provided for in
3subsection (b) or to place such offender on probation or to
4suspend sentence. Nothing in this section shall prevent the
5sentencing court from imposing a sentence greater than that
6provided in this section. Sentencing guidelines promulgated by
7the Pennsylvania Commission on Sentencing shall not supersede
8the mandatory sentences provided in this section.

9(e) Appeal by Commonwealth.--If a sentencing court refuses
10to apply this section where applicable, the Commonwealth shall
11have the right to appellate review of the action of the
12sentencing court. The appellate court shall vacate the sentence
13and remand the case to the sentencing court for imposition of a
14sentence in accordance with this section if it finds that the
15sentence was imposed in violation of this section.

16(f) Definition.--For the purposes of this section, the term
17"firearm" shall include any weapon which is designed to or may
18readily be converted to expel any projectile by the action of an
19explosive or the frame or receiver of the weapon.

20Section 2. This act shall take effect in 60 days.