THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, FONTANA, HUGHES, WASHINGTON, KITCHEN AND LEACH, MAY 2, 2011

REFERRED TO JUDICIARY, MAY 2, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for sale or transfer

of firearms. 

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 mandatory minimum sentence]. A person who at

the time of sentencing has been convicted of another offense

under this section shall be sentenced to a mandatory minimum

term 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. For

purposes of this paragraph, 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 the

violation.

(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.

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