PRINTER'S NO. 214
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
328
Session of
2015
INTRODUCED BY FARNESE, HUGHES, COSTA, TARTAGLIONE, LEACH AND
WILLIAMS, JANUARY 23, 2015
REFERRED TO JUDICIARY, JANUARY 23, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in falsification and intimidation,
further providing for the offense of unsworn falsification to
authorities; and, in firearms and other dangerous articles,
further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms, for licenses
and for sale or transfer of firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4904(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4904. Unsworn falsification to authorities.
* * *
(b) Statements "under penalty".--[A]
(1) Except as provided in paragraph (2), a person
commits a misdemeanor of the third degree if he makes a
written false statement which he does not believe to be true,
on or pursuant to a form bearing notice, authorized by law,
to the effect that false statements made therein are
punishable.
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(2) A person commits a felony of the third degree if he
makes a written false statement which he does not believe to
be true on or pursuant to a form bearing notice, authorized
by law, relating to the purchase, delivery or transfer of a
firearm under section 6111 (relating to sale or transfer of
firearms) or relating to an application to carry a firearm
under section 6109 (relating to licenses). A second or
subsequent conviction for a violation of this paragraph shall
be a felony of the second degree punishable by a mandatory
minimum sentence of imprisonment of five years.
* * *
Section 2. Section 6105 heading of Title 18 is amended,
subsection (a) is amended by adding a paragraph and subsection
(a.1) is amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms; attempt.
(a) Offense defined.--
* * *
(1.1) A person who knows that he is prohibited from
possessing, using, controlling, selling, transferring or
manufacturing a firearm in this Commonwealth under paragraph
(1) shall not attempt to purchase a firearm or attempt to
obtain a license to carry a firearm in this Commonwealth.
* * *
(a.1) Penalty.--
(1) A person convicted of a felony enumerated under
subsection (b) or a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or any equivalent Federal statute or
equivalent statute of any other state, who violates
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subsection [(a)] (a)(1) commits a felony of the second
degree.
(1.1) A person who violates subsection (a)(1.1) commits
a felony of the third degree. A conviction for a second or
subsequent violation of subsection (a)(1.1) shall be a felony
of the second degree punishable by a mandatory minimum
sentence of imprisonment of five years. The penalty under
this paragraph shall be in addition to any penalties imposed
for a conviction under section 6111(g)(4) (relating to sale
or transfer of firearms).
(2) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the first degree if he intentionally or
knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, he provides an affidavit which lists
the firearms, other weapons or ammunition to the sheriff in
accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping).
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
a person he knows is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108,
which order provided for the relinquishment of the
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firearm, other weapon or ammunition during the period of
time the order is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that
he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
commits a misdemeanor of the first degree if he intentionally
or knowingly returns a firearm, other weapon or ammunition to
a defendant or intentionally or knowingly allows a defendant
to have access to the firearm, other weapon or ammunition
prior to either of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
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6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
* * *
Section 3. Section 6109 of Title 18 is amended by adding a
subsection to read:
§ 6109. Licenses.
* * *
(c.1) False information on application.--A person commits a
felony of the third degree if he makes a false statement on the
application for a license to carry a firearm under subsection
(c). A second or subsequent conviction for a violation of this
paragraph shall be a felony of the second degree punishable by a
mandatory minimum sentence of imprisonment of five years.
* * *
Section 4. Section 6111(g)(4) of Title 18 is amended to
read:
§ 6111. Sale or transfer of firearms.
* * *
(g) Penalties.--
* * *
(4) Any person, purchaser or transferee commits a felony
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of the third degree if, in connection with the purchase,
delivery or transfer of a firearm under this chapter, he
knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement,
including a statement on any form promulgated by Federal
or State agencies; or
(iii) willfully furnishes or exhibits any false
identification intended or likely to deceive the seller,
licensed dealer or licensed manufacturer.
A second or subsequent conviction for a violation of this
paragraph shall be a felony of the second degree punishable
by a mandatory minimum sentence of imprisonment of five
years.
* * *
Section 5. This act shall take effect in 60 days.
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