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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 3, 2012 11:34 AM
From: Senator Lawrence M. Farnese, Jr.
To: All Senate members
Subject: Title 18 - Firearms-related Amendments
 
In the near future, I will be in reintroducing Senate Bills 619- 622 from the 2011-2012 Legislative Session. These four pieces of legislation would amend Title 18 and help keep firearms out of the hands of criminals and ensure Pennsylvania maintains control over the license to carry process for its citizens.


Document #1

Introduced as SB431

Description: Formerly Senate Bill 619, the first bill would require an individual to serve a mandatory minimum one-year sentence for unlawfully carrying firearms without a license on their person or in a vehicle.  The amendment would not affect those citizens who maintain firearms in their home or place of business.  Co-sponsors last session: Senators Hughes, Tartaglione and Washington.
 

Document #2

Introduced as SB432

Description: The second piece (former SB 620) would temporarily bar those charged with violent felonies from purchasing or possessing firearms. Presently, 18 Pa.C.S. §6105 requires that a person be “convicted” of a disabling offense before they can be prevented from buying or having a gun.  Witness intimidation and retaliation is a growing problem, and many victims of violent crime are already reluctant to come to court.  This measure would temporarily bar those awaiting trial for serious violent offenses from purchasing or possessing firearms during the pendency of the proceedings.  If they are acquitted, the bar would automatically be lifted.  Co-sponsors last session: Senators Hughes, Leach, Tartaglione, Washington and Williams.
 

Document #3

Introduced as SB433

Description: The third bill (Senate Bill 621) would correct disparate treatment of juvenile adjudications. Currently, Title 18 (18 Pa.C.S. §6105) prohibits adults convicted of serious offenses listed in subsection (b) or for a drug felony from possessing or purchasing firearms. Adults with juvenile adjudications for the same offenses are treated much differently.  Unfortunately, many adults commit such offenses before the age of 18 and are arrested and adjudicated for doing so.  Adults with juvenile adjudications for drug offenses, no matter the amount of such offenses, are not prohibited by section 6105 from purchasing or possessing firearms.  Adjudicated drug dealing juveniles who turn 21 thus become prime recruits to straw purchase and supply drug organizations with firearms.  This proposal would correct the disparate treatment in 6105 of adult convictions and juvenile adjudications for the same offenses, while maintaining the lapsing provision for less serious offenses.  Co-sponsors last session: Senators Hughes, Leach, Tartaglione, Washington and Williams.
 

Document #4

Introduced as SB434

Description: The final bill in the package, formerly Senate Bill 622, would require Pennsylvania residents obtain a Pennsylvania license to carry in order to lawfully carry in the Commonwealth.  This legislation would close what is commonly known as “the Florida Loophole.”  Co-sponsors last session: Senators Leach, Costa, Fontana, Hughes, Stack, Tartaglione, Washington and Williams.
 
If you would like to co-sponsor any of these legislative initiatives, please contact Brandie Pifer at bpifer@pasenate.com or 717-787-5663.