PRIOR PRINTER'S NO. 2109
PRINTER'S NO. 3460
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1497
Session of
2015
INTRODUCED BY STEPHENS, BARRAR, REGAN, HEFFLEY, HARHART,
MARSICO, TAYLOR, MURT, DeLUCA, D. COSTA, MOUL, WATSON AND
MILNE, AUGUST 13, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 7, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, 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(c)(8) of Title 18 of the
Pennsylvania Consolidated Statutes is amended and subsection
(a.1) is amended by adding paragraphs to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(a.1) Penalty.--
* * *
(6) A person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a firearm
under subsection (c)(7) and who violates subsection (a)
commits a felony of the second degree.
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(7) A person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a firearm
under subsection (c)(8) and who violates subsection (a)
commits a felony of the second degree.
* * *
(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):
* * *
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier[.] 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.
[(8) A PERSON WHO WAS ADJUDICATED DELINQUENT BY A COURT
PURSUANT TO 42 PA.C.S. § 6341 OR UNDER ANY EQUIVALENT FEDERAL
STATUTE OR STATUTE OF ANY OTHER STATE AS A RESULT OF CONDUCT
WHICH IF COMMITTED BY AN ADULT WOULD CONSTITUTE AN OFFENSE
ENUMERATED IN SUBSECTION (B) WITH THE EXCEPTION OF THOSE
CRIMES SET FORTH IN PARAGRAPH (7). THIS PROHIBITION SHALL
TERMINATE 15 YEARS AFTER THE LAST APPLICABLE DELINQUENT
ADJUDICATION OR UPON THE PERSON REACHING THE AGE OF 30,
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WHICHEVER IS EARLIER.]
(8) (I) A PERSON WHO WAS ADJUDICATED DELINQUENT BY A
COURT UNDER 42 PA.C.S. § 6341 AS A RESULT OF CONDUCT
WHICH IF COMMITTED BY AN ADULT WOULD CONSTITUTE:
(A) AN OFFENSE ENUMERATED UNDER SUBSECTION (B)
EXCEPT FOR CRIMES UNDER PARAGRAPH (7);
(B) A FELONY UNDER THE CONTROLLED SUBSTANCE,
DRUG, DEVICE AND COSMETIC ACT; OR
(C) AN OFFENSE UNDER ANY EQUIVALENT FEDERAL
STATUTE OR STATUTE OF ANY OTHER STATE.
(II) THIS PROHIBITION SHALL TERMINATE 15 YEARS AFTER
THE LAST APPLICABLE DELINQUENT ADJUDICATION OR UPON THE
PERSON REACHING 30 YEARS OF AGE, WHICHEVER IS EARLIER.
* * *
Section 2. This act shall take effect in 60 days.
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