THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TOEPEL, STEPHENS, V. BROWN, DAVIDSON, QUIGLEY, READSHAW, ROSS, VULAKOVICH AND WATSON, MARCH 2, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2011
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for sale or transfer
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(h) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6111. Sale or transfer of firearms.
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(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section
shall be a felony of the second degree [and shall be
punishable by]. A person who at the time of sentencing has
been convicted of another offense under this section shall be
sentenced to a mandatory minimum sentence of imprisonment of
five years. A second or subsequent offense shall also result
in permanent revocation of any license to sell, import or
manufacture a firearm.
(2) Notice of the applicability of this subsection to
the defendant and reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
prior to trial. The applicability of this section shall be
determined at sentencing. The court shall consider evidence
presented at trial, shall afford the Commonwealth and the
defendant an opportunity to present necessary additional
evidence and shall determine by a preponderance of the
evidence if this section is applicable.
(3) There shall be no authority for a court to impose on
a defendant to which this subsection is applicable a lesser
sentence than provided for in paragraph (1), to place the
defendant on probation or to suspend sentence. Nothing in
this section shall prevent the sentencing court from imposing
a sentence greater than that provided in this section.
Sentencing guidelines promulgated by the Pennsylvania
Commission on Sentencing shall not supersede the mandatory
sentences provided in this section.
(4) If a sentencing court refuses to apply this
subsection where applicable, the Commonwealth shall have the
right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this subsection.
(5) For the purposes of this subsection, a person shall
be deemed to have been convicted of another offense under
this section whether or not judgment of sentence has been
imposed for that violation.
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Section 2. This act shall take effect in 60 days.