H0080B4248A10461 DMS:NLH 10/15/14 #90 A10461

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 80

Sponsor: SENATOR FARNESE

Printer's No. 4248

 

1Amend Bill, page 1, line 4, by inserting after "metal;"

2 further providing for the offense of carrying firearms on
3public streets or public property in Philadelphia

4Amend Bill, page 4, by inserting between lines 2 and 3

5Section 3. Section 6108 of Title 18 is amended to read:

6§ 6108. Carrying firearms on public streets or public property
7in Philadelphia.

8(a) General rule.--No person shall carry a firearm[, rifle
9or shotgun] at any time upon the public streets or upon any
10public property in a city of the first class unless:

11(1) [such] the person is licensed to carry a firearm; or

12(2) [such] the person is exempt from licensing under
13section 6106(b) of this title (relating to firearms not to be
14carried without a license).

15(b) Mandatory sentence.--

16(1) Notwithstanding any other provision of law, if the
17person in possession of a firearm at the time of arrest for a
18violation of this section is not the lawful owner of the
19firearm, then the offense shall be graded as a felony of the
20third degree and, upon conviction, the person shall be
21sentenced to a minimum sentence of at least two years of
22total confinement.

23(2) A person sentenced under this subsection shall not
24be eligible for parole, probation, work release or furlough.

25(3) This subsection shall not apply to any person who is
26otherwise eligible to possess a firearm under this chapter
27and who is operating a motor vehicle which is registered in
28the person's name or the name of a spouse or parent and which
29contains a firearm for which a valid license has been issued
30pursuant to section 6109 (relating to licenses) to the spouse
31or parent owning the firearm.

32(c) Definition.--For the purposes of this section, the term 
33"firearm" shall include any weapon which is designed to or may 
34readily be converted to expel any projectile by the action of an 
35explosive or the frame or receiver of the weapon.

36Amend Bill, page 4, line 3, by striking out "3" and inserting

1 4

 

See A10461 in
the context
of HB0080