PRINTER'S NO. 1493
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1098
Session of
2015
INTRODUCED BY FARNESE, HUGHES, COSTA, TARTAGLIONE, LEACH AND
WILLIAMS, JANUARY 13, 2016
REFERRED TO JUDICIARY, JANUARY 13, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for the offense of 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 are amended to read:
ยง 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.
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(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.
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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).
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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.
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