PRINTER'S NO. 2337
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1859
Session of
2023
INTRODUCED BY BRIGGS, SCHLOSSBERG, MADDEN, VENKAT, BENHAM,
HANBIDGE, SANCHEZ, GUENST, CIRESI, HOHENSTEIN, CERRATO,
HOWARD, NEILSON AND FRANKEL, NOVEMBER 30, 2023
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 30, 2023
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(a)(1), (a.1)(1) and (1.1), (b) and
(c)(2), (3) and (7) of Title 18 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b), or an attempt, solicitation or
conspiracy to commit an offense enumerated in subsection (b),
within or without this Commonwealth, regardless of the length
of sentence or whose conduct meets the criteria in subsection
(c) shall not possess, use, control, sell, transfer or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
manufacture or obtain a license to possess, use, control,
sell, transfer or manufacture 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,] (c)(2) or any equivalent Federal statute or equivalent
statute of any other state, who violates subsection (a)
commits a felony of the second degree.
(1.1) The following shall apply:
(i) A person convicted of a felony enumerated under
subsection (b) or [a felony under The Controlled
Substance, Drug, Device and Cosmetic Act,] (c)(2) or any
equivalent Federal statute or equivalent statute of any
other state, who violates subsection (a) commits a felony
of the first degree if:
(A) at the time of the commission of a violation
of subsection (a), the person has previously been
convicted of an offense under subsection (a); or
(B) at the time of the commission of a violation
of subsection (a), the person was in physical
possession or control of a firearm, whether visible,
concealed about the person or within the person's
reach.
(ii) The Pennsylvania Commission on Sentencing,
under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a
sentencing enhancement for a sentence imposed pursuant to
20230HB1859PN2337 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this paragraph.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
(1) Any of the following:
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 2701 (relating to simple assault) if the
offense is graded as a misdemeanor of the second degree
or higher.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2706 (relating to terroristic threats).
Section 2709.1 (relating to stalking).
Section 2710 (relating to ethnic intimidation).
Section 2712 (relating to assault on sports
official).
Section 2713.1 (relating to abuse of care-dependent
person).
Section 2716 (relating to weapons of mass
destruction).
Section 2717 (relating to terrorism).
20230HB1859PN2337 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2718 (relating to strangulation).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2903 (relating to false imprisonment).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3011 (relating to trafficking in
individuals).
Section 3012 (relating to involuntary servitude).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent
assault).
Section 3126 (relating to 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.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Any section under Chapter 39 (relating to theft and
related offenses) upon conviction of the second felony
offense.
Section 3921 (relating to theft by unlawful taking or
20230HB1859PN2337 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
Any section under Chapter 41 (relating to forgery and
fraudulent practices) upon conviction of the second
felony offense.
Section 4701 (relating to bribery in official and
political matters).
Section 4702 (relating to threats and other improper
influence in official and political matters) if the
offense is graded as a felony.
Any section under Chapter 49 (relating to
falsification and intimidation) if the offense is graded
as a felony.
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 5102 (relating to obstructing or impeding the
administration of justice by picketing, etc.).
20230HB1859PN2337 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 5104.1 (relating to disarming law enforcement
officer).
Section 5105 (relating to hindering apprehension or
prosecution) if the offense is graded as a felony.
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 5543 (relating to animal fighting).
Section 6106 (relating to firearms not to be carried
without a license).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6110.2 (relating to possession of firearm
with altered manufacturer's number).
Section 6111(c) (relating to sale or transfer of
firearms).
Section 6301 (relating to corruption of minors) if
the offense is graded as a felony or misdemeanor.
Section 6302 (relating to sale or lease of weapons
and explosives).
Section 6312 (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with
minor) if the offense is graded as a felony.
Section 6319 (relating to solicitation of minors to
traffic drugs).
20230HB1859PN2337 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 7611 (relating to unlawful use of computer
and other computer crimes).
(2) Any of the following relating to an offense
enumerated under paragraph (1):
Section 901 (relating to criminal attempt).
Section 902 (relating to criminal solicitation).
Section 903 (relating to criminal conspiracy).
(3) Any offense equivalent to any of the [above-
enumerated] offenses enumerated in paragraph (1) or (2) under
the prior laws of this Commonwealth or any offense equivalent
to any of the [above-enumerated] offenses enumerated in
paragraph (1) or (2) under the statutes of any other state or
of the United States.
(4) An offense under 75 Pa.C.S. § 3802 (relating to
driving under influence of alcohol or controlled substance)
upon conviction of a third or subsequent offense. For
purposes of this paragraph, completion of an Accelerated
Rehabilitative Disposition program or other diversionary
program shall be considered a conviction.
(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.] that may be punishable by a term of
20230HB1859PN2337 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
imprisonment exceeding two years:
(i) under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device
and Cosmetic Act;
(ii) for any attempt, solicitation or conspiracy to
commit an offense under subparagraph (i); or
(iii) for any equivalent Federal statute or
equivalent statute of any other state.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 [(relating to driving under influence of
alcohol or controlled substance)] or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
* * *
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) 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:
(i) an offense under sections 2502, 2503, 2702, 2703
(relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923[.]; or
(ii) an attempt, solicitation or conspiracy to
commit an offense under subparagraph (i).
* * *
Section 2. This act shall take effect in 60 days.
20230HB1859PN2337 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29