THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, LEACH, WILLIAMS, TARTAGLIONE, WASHINGTON AND HUGHES, FEBRUARY 23, 2011

REFERRED TO JUDICIARY, FEBRUARY 23, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for persons not to

possess, use, manufacture, control, sell or transfer

firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6105(a.1)(1), (b) and (c)(2) of Title 18

of the Pennsylvania Consolidated Statutes, amended October 17,

2008 (P.L.1628, No.131), are amended to read:

§ 6105.  Persons not to possess, use, manufacture, control, sell

or transfer firearms.

* * *

(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

subsection (a) commits a felony of the second degree.

* * *

(b)  Enumerated offenses.--The following offenses shall apply

to subsection (a):

Section 908 (relating to prohibited offensive weapons).

Section 911 (relating to corrupt organizations).

Section 912 (relating to possession of weapon on school

property).

Section 2502 (relating to murder).

Section 2503 (relating to voluntary manslaughter).

Section 2504 (relating to involuntary manslaughter) if

the offense is based on the reckless use of a firearm.

Section 2702 (relating to aggravated assault).

Section 2703 (relating to assault by prisoner).

Section 2704 (relating to assault by life prisoner).

Section 2709.1 (relating to stalking).

Section 2716 (relating to weapons of mass destruction).

Section 2901 (relating to kidnapping).

Section 2902 (relating to unlawful restraint).

Section 2910 (relating to luring a child into a motor

vehicle or structure).

Section 3121 (relating to rape).

Section 3123 (relating to involuntary deviate sexual

intercourse).

Section 3125 (relating to aggravated indecent assault).

Section 3301 (relating to arson and related offenses).

Section 3302 (relating to causing or risking

catastrophe).

Section 3502 (relating to burglary).

Section 3503 (relating to criminal trespass) if the

offense is graded a felony of the second degree or higher.

Section 3701 (relating to robbery).

Section 3702 (relating to robbery of motor vehicle).

Section 3921 (relating to theft by unlawful taking or

disposition) upon conviction of the second felony offense.

Section 3923 (relating to theft by extortion) when the

offense is accompanied by threats of violence.

Section 3925 (relating to receiving stolen property) upon

conviction of the second felony offense.

Section 4906 (relating to false reports to law

enforcement authorities) if the fictitious report involved

the theft of a firearm as provided in section 4906(c)(2).

Section 4912 (relating to impersonating a public servant)

if the person is impersonating a law enforcement officer.

Section 4952 (relating to intimidation of witnesses or

victims).

Section 4953 (relating to retaliation against witness,

victim or party).

Section 5121 (relating to escape).

Section 5122 (relating to weapons or implements for

escape).

Section 5501(3) (relating to riot).

Section 5515 (relating to prohibiting of paramilitary

training).

Section 5516 (relating to facsimile weapons of mass

destruction).

Section 6110.1 (relating to possession of firearm by

minor).

Section 6301 (relating to corruption of minors).

Section 6302 (relating to sale or lease of weapons and

explosives).

Any offense equivalent to any of the above-enumerated

offenses under the prior laws of this Commonwealth   or any

offense equivalent to any of the above-enumerated offenses under

the statutes of any other state or of the   United States.

Any offense 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, that may be punishable by a term of

imprisonment exceeding two years.

(c)  Other persons.--In addition to any person who has been

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

subsection (a):

* * *

[(2)  A person who has been convicted of an offense 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, that may be punishable by a term of imprisonment

exceeding two years.]

* * *

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