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Pennsylvania House of Representatives
04/19/2024 02:58 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20130&cosponId=11913
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House of Representatives
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: February 27, 2013 02:27 PM
From: Representative Todd Stephens
To: All House members
Subject: Criminals with Juvenile Adjudications Gun Legislation
 
In the near future I will be introducing legislation to address juvenile delinquents and firearms. I believe that those who are disqualified under the law to carry a firearm because of a prior criminal conviction or adjudication but choose to do so anyway ought to face serious punishment. In other words, we should fashion legislation that targets criminals. My legislation will do just that.

My bill will enhance penalties under section 6105 of the Firearms Act, which currently provides inadequate penalties against those people who have (a) major criminal adjudication(s) and choose to illegally carry a firearm. These individuals are up to no good and should go to prison, not merely get a slap on the wrist.

To achieve this goal, I will be introducing legislation that will do the following:
  • Close a loophole that makes it a mere misdemeanor for someone adjudicated of a disqualifying offense as a juvenile who subsequently carries an illegal firearm. These are serious offenses, and the penalty for this subsequent violation of the law should be graded as a felony of the third degree. Too often, throughout the Commonwealth, we have seen such individuals get away with probation because the penalty under current law is only a misdemeanor.

  • Provide that juveniles adjudicated of felony drug-dealing charges who subsequently possess an illegal firearm are prohibited from carrying a firearm for 15 years or until they reach the age of 30, whichever is earlier. Adults convicted of such a crime are prohibited from possessing firearms altogether. At the very least, a juvenile adjudicated of felony drug charges should be prohibited from possessing a gun for this reasonable period of time. Those who possess an illegal firearm under this section of my legislation would receive a felony conviction.

This legislation is supported by the Pennsylvania District Attorneys Association and others in the law enforcement community. I believe this is common-sense legislation to ensure the most violent dangerous criminals face appropriate and serious punishment.

Introduced as HB1001