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                                                        PRINTER'S NO. 53

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 28 Session of 2007


        INTRODUCED BY WILLIAMS, D. EVANS, W. KELLER, MYERS, STURLA,
           BISHOP, COHEN, CRUZ, CURRY, FRANKEL, GALLOWAY, JOSEPHS,
           KIRKLAND, LEACH, M. O'BRIEN, PASHINSKI AND ROEBUCK,
           JANUARY 30, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for persons not to
     3     possess, use, manufacture, control, sell or transfer firearms
     4     and for carrying firearms on public streets or public
     5     property in Philadelphia.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 6105(b) and 6108 of Title 18 of the
     9  Pennsylvania Consolidated Statutes are amended to read:
    10  § 6105.  Persons not to possess, use, manufacture, control, sell
    11             or transfer firearms.
    12     * * *
    13     (b)  Enumerated offenses.--The following offenses shall apply
    14  to subsection (a):
    15         Section 908 (relating to prohibited offensive weapons).
    16         Section 911 (relating to corrupt organizations).
    17         Section 912 (relating to possession of weapon on school
    18     property).


     1         Section 2502 (relating to murder).
     2         Section 2503 (relating to voluntary manslaughter).
     3         Section 2504 (relating to involuntary manslaughter) if
     4     the offense is based on the reckless use of a firearm.
     5         Section 2702 (relating to aggravated assault).
     6         Section 2703 (relating to assault by prisoner).
     7         Section 2704 (relating to assault by life prisoner).
     8         Section 2709.1 (relating to stalking).
     9         Section 2716 (relating to weapons of mass destruction).
    10         Section 2901 (relating to kidnapping).
    11         Section 2902 (relating to unlawful restraint).
    12         Section 2910 (relating to luring a child into a motor
    13     vehicle or structure).
    14         Section 3121 (relating to rape).
    15         Section 3123 (relating to involuntary deviate sexual
    16     intercourse).
    17         Section 3125 (relating to aggravated indecent assault).
    18         Section 3301 (relating to arson and related offenses).
    19         Section 3302 (relating to causing or risking
    20     catastrophe).
    21         Section 3502 (relating to burglary).
    22         Section 3503 (relating to criminal trespass) if the
    23     offense is graded a felony of the second degree or higher.
    24         Section 3701 (relating to robbery).
    25         Section 3702 (relating to robbery of motor vehicle).
    26         Section 3921 (relating to theft by unlawful taking or
    27     disposition) upon conviction of the second felony offense.
    28         Section 3923 (relating to theft by extortion) when the
    29     offense is accompanied by threats of violence.
    30         Section 3925 (relating to receiving stolen property) upon
    20070H0028B0053                  - 2 -     

     1     conviction of the second felony offense.
     2         Section 4912 (relating to impersonating a public servant)
     3     if the person is impersonating a law enforcement officer.
     4         Section 4952 (relating to intimidation of witnesses or
     5     victims).
     6         Section 4953 (relating to retaliation against witness [or
     7     victim], victim or party).
     8         Section 5121 (relating to escape).
     9         Section 5122 (relating to weapons or implements for
    10     escape).
    11         Section 5501(3) (relating to riot).
    12         Section 5515 (relating to prohibiting of paramilitary
    13     training).
    14         Section 5516 (relating to facsimile weapons of mass
    15     destruction).
    16         Section 6106(a)(1) (relating to firearms not to be
    17     carried without a license).
    18         Section 6108(a) (relating to carrying firearms on public
    19     streets or public property in Philadelphia).
    20         Section 6110.1 (relating to possession of firearm by
    21     minor).
    22         Section 6301 (relating to corruption of minors).
    23         Section 6302 (relating to sale or lease of weapons and
    24     explosives).
    25         Any offense equivalent to any of the above-enumerated
    26     offenses under the prior laws of this Commonwealth or any
    27     offense equivalent to any of the above-enumerated offenses
    28     under the statutes of any other state or of the United
    29     States.
    30     * * *
    20070H0028B0053                  - 3 -     

     1  § 6108.  Carrying firearms on public streets or public property
     2             in Philadelphia.
     3     [No person shall] (a)  General rule.--Except as provided in
     4  subsection (b), it shall be a felony of the third degree to
     5  carry a firearm, rifle or shotgun at any time upon the public
     6  streets or upon any public property in a city of the first class
     7  unless:
     8         (1)  such person is licensed to carry a firearm; or
     9         (2)  such person is exempt from licensing under section
    10     6106(b) [of this title] (relating to firearms not to be
    11     carried without a license).
    12     (b)  Exception.--A person who violates subsection (a) and is
    13  otherwise eligible to possess a valid license under this chapter
    14  commits a misdemeanor of the first degree.
    15     Section 2.  This act shall take effect in 60 days.










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