H0040B1038A00916     JKL:DM  03/08/11     #90        A00916

  

  

  

  

AMENDMENTS TO HOUSE BILL NO. 40

Printer's No. 1038

  

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Amend Bill, page 1, line 6, by inserting after "offenses"

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, for firearms not to be carried without a license

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Amend Bill, page 1, line 7, by striking out "and "

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Amend Bill, page 1, line 8, by inserting after "force"

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; and further providing for sentences for offenses

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committed with firearms

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Amend Bill, page 12, line 14, by striking out "Section" where

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it occurs the second time and inserting

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 Sections 6106(b)(15) and 

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Amend Bill, page 12, line 14, by striking out "is" and

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inserting

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 are

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Amend Bill, page 12, by inserting between lines 14 and 15

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§ 6106.  Firearms not to be carried without a license.

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(b)  Exceptions.--The provisions of subsection (a) shall not

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apply to:

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(15)  Any person, except a resident of this Commonwealth

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who has been denied a Pennsylvania license to carry firearms

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or has had his Pennsylvania license to carry firearms revoked

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or is ineligible under section 6105 (relating to persons not

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to possess, use, manufacture, control, sell or transfer

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firearms) to receive a Pennsylvania license to carry

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firearms, who possesses a valid and lawfully issued license

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or permit to carry a firearm which has been issued under the

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laws of another state, regardless of whether a reciprocity

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agreement exists between the Commonwealth and the state under

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section 6109(k), provided:

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(i)  The state provides a reciprocal privilege for

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individuals licensed to carry firearms under section

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6109.

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(ii)  The Attorney General has determined that the

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firearm laws of the state are similar to the firearm laws

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of this Commonwealth.

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Amend Bill, page 13, by inserting between lines 28 and 29

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Section 7.1.  Section 9712(a) of Title 42 is amended to read:

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§ 9712.  Sentences for offenses committed with firearms.

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(a)  Mandatory sentence.--Except as provided under section

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9716 (relating to two or more mandatory minimum sentences

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applicable), any person who is convicted in any court of this

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Commonwealth of a crime of violence as defined in section

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9714(g) (relating to sentences for second and subsequent

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offenses), shall, if the person visibly possessed a firearm or a

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replica of a firearm, whether or not the firearm or replica was

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loaded or functional, that placed the victim in reasonable fear

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of death or serious bodily injury, during the commission of the

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offense, be sentenced to a minimum sentence of at least five

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years of total confinement notwithstanding any other provision

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of this title or other statute to the contrary. Such persons

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shall not be eligible for parole, probation, work release [or], 

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furlough or prerelease.

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