PRINTER'S NO. 313
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
338
Session of
2021
INTRODUCED BY HOHENSTEIN, JANUARY 29, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in falsification and intimidation,
further providing for the offense of unsworn falsification to
authorities; and, in firearms and other dangerous articles,
further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms, for licenses
and for sale or transfer of firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4904(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 4904. Unsworn falsification to authorities.
* * *
(b) Statements "under penalty".--[A]
(1) Except as provided in paragraph (2), a person
commits a misdemeanor of the third degree if he makes a
written false statement which he does not believe to be true,
on or pursuant to a form bearing notice, authorized by law,
to the effect that false statements made therein are
punishable.
(2) A person commits a felony of the third degree if he
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makes a written false statement that he does not believe to
be true on or pursuant to a form bearing notice, authorized
by law, relating to the purchase, delivery or transfer of a
firearm under section 6111 (relating to sale or transfer of
firearms) or relating to an application to carry a firearm
under section 6109 (relating to licenses). A second or
subsequent conviction for a violation of this paragraph shall
be a felony of the second degree punishable by a mandatory
minimum sentence of imprisonment of five years.
* * *
Section 2. Section 6105 heading and (a.1)(1) of Title 18 are
amended and subsections (a) and (a.1) are amended by adding
paragraphs to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms; attempt.
(a) Offense defined.--
* * *
(1.1) A person who knows that he is prohibited from
possessing, using, controlling, selling, transferring or
manufacturing a firearm in this Commonwealth under paragraph
(1) may not attempt to purchase a firearm or attempt to
obtain a license to carry a firearm in this Commonwealth.
* * *
(a.1) Penalty.--
(1) Except as provided under paragraph (1.1), 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)] (a)(1)
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commits a felony of the second degree.
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(1.2) A person who violates subsection (a)(1.1) commits
a felony of the third degree. A conviction for a second or
subsequent violation of subsection (a)(1.1) shall be a felony
of the second degree punishable by a mandatory minimum
sentence of imprisonment of five years. The penalty under
this paragraph shall be in addition to any penalties imposed
for a conviction under section 6111(g)(4) (relating to sale
or transfer of firearms).
* * *
Section 3. Section 6109 of Title 18 is amended by adding a
subsection to read:
§ 6109. Licenses.
* * *
(c.1) False information on application.--A person commits a
felony of the third degree if he makes a false statement on the
application for a license to carry a firearm under subsection
(c). A second or subsequent conviction for a violation of this
subsection shall be a felony of the second degree punishable by
a mandatory minimum sentence of imprisonment of five years.
* * *
Section 4. Section 6111(g)(4) of Title 18 is amended to
read:
§ 6111. Sale or transfer of firearms.
* * *
(g) Penalties.--
* * *
(4) Any person, purchaser or transferee commits a felony
of the third degree if, in connection with the purchase,
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delivery or transfer of a firearm under this chapter, he
knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement,
including a statement on any form promulgated by Federal
or State agencies; or
(iii) willfully furnishes or exhibits any false
identification intended or likely to deceive the seller,
licensed dealer or licensed manufacturer.
A second or subsequent conviction for a violation of this
paragraph shall be a felony of the second degree punishable
by a mandatory minimum sentence of imprisonment of five
years.
* * *
Section 5. This act shall take effect in 60 days.
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