Posted: | March 7, 2013 11:59 AM |
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From: | Senator John T. Yudichak |
To: | All Senate members |
Subject: | Legislation to increase penalties against those carrying illegal firearms |
I am planning on introducing legislation to amend the Crimes Code (Title 18) to increase penalties against those carrying illegal firearms. These ideas have been recommended to us by members of law enforcement. Section 6105 of the Crimes Code provides that individuals adjudicated of certain offenses as juveniles are prohibited from the possession, use, manufacture, control, sale or transfer of firearms. Unfortunately, anyone who violates this provision is only subject to a misdemeanor. This legislation will correct this loophole by making the illegal possession, use, manufacture, control, sale or transfer based on a juvenile adjudication a felony of the second degree, and in so doing will make it consistent with convictions for other offenses under this section. The legislation adds a prohibition on the possession, use, manufacture, control, sale or transfer of a firearm if the individual was adjudicated delinquent for an offense under the Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state and that offense was graded as a felony offense. This provision closes a loophole that permits juveniles adjudicated delinquent for these offenses to carry firearms even though adults convicted of the same felony are not. |