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.
(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, 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
this paragraph.
(2) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the [first] second degree if he intentionally
or knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, he provides an affidavit which lists
the firearms, other weapons or ammunition to the sheriff in
accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping).
(2.1) A person who is the subject of an extreme risk
protection order issued pursuant to 42 Pa.C.S. Ch. 64A
(relating to extreme risk protection orders) commits a
misdemeanor of the second degree if he intentionally or
knowingly fails to relinquish a firearm or firearms license
as required by the order.
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
a person he knows is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108,
which order provided for the relinquishment of the
firearm, other weapon or ammunition during the period of
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