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10/27/2020 03:17 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20190&cosponId=27814
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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: January 17, 2019 11:12 AM
From: Senator Vincent J. Hughes
To: All Senate members
Subject: Adding Additional Disqualifying Criminal Convictions to the Uniform Firearms Act
 
In the near future, I will be reintroducing Senate Bill 117 of the 2017-18 session. This legislation amends the Uniform Firearms Act to expand the list of criminal convictions that disqualify a person from possessing, using, manufacturing, controlling, selling or transferring a firearm. A review of current law reveals that convictions for a number of serious crimes, including crimes of violence, sex crimes, and crimes against children, do not disqualify a person from possessing a firearm.

My legislation would expand the list of crimes to which disqualification attaches to include the following:
  • Section 913(a)(2)(relating to possession of firearm or other dangerous weapon in court facility).
  • Section 2604 (relating to murder of unborn child).
  • Section 2605 (relating to voluntary manslaughter of unborn child).
  • Section 2602 (relating to aggravated assault of unborn child).
  • Section 2705 (relating to recklessly endangering another person), if the reckless conduct engaged in involved a firearm.
  • Section 2706 (relating to terroristic threats), if the threat communicated referenced the use of a firearm.
  • Section 2712 (relating to assault on a sports official), if the assault involved the use of a firearm.
  • Section 2715 (relating to threat to use weapons of mass destruction).
  • Section 2717 (relating to terrorism).
  • Section 2903 (relating to false imprisonment), if a firearm is used in the commission of the offense.
  • Section 3002 (relating to trafficking of persons).
  • Section 3122.1 (relating to statutory sexual assault).
  • Section 3124.1 (relating to sexual assault).
  • Section 3124.2 (relating to institutional sexual assault).
  • Section 3126 (relating to indecent assault).
  • Section 4702 (relating to threats and other improper influence in official and political matters), if the threat involved the use of a firearm.
  • Section 4703 (relating to retaliation for past action), if the crime involved the use of a firearm.
  • Section 4915 (relating to failure to comply with registration of sexual offender requirements).
  • Section 4953.1 (relating to retaliation against prosecutor or judicial official).
  • Section 5104.1 (relating to disarming law enforcement officer).
  • Section 6110.2 (relating to possession of firearm with altered manufacturer’s number).
  • Section 6117 (relating to altering or obliterating marks of identification).
  • Section 6121 (relating to certain bullets prohibited).
  • Section 6318 (relating to unlawful contact with minor).
  • Section 6319 (relating to solicitation of minors to traffic drugs).
  • Section 6320 (relating to sexual exploitation of children).
Adding the above convictions to the law would both strengthen the Act and ensure that it is consistent regarding the types of convictions that result in disqualification. I believe this legislation is a common-sense approach to strengthening the Uniform Firearms Act. The crimes I propose to add to the list of disqualifying offenses are serious offenses against persons and society. Adding these crimes to the list will allow us to continue to protect our residents from gun crime without infringing on the rights of law-abiding gun owners.

If you have any questions, please contact my Chief Counsel, Michael Deery, at 717-787-7112 or Michael.Deery@pasenate.com.



Introduced as SB198