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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, BOBACK, CALTAGIRONE, CUTLER, EVERETT, GROVE, HICKERNELL, HUTCHINSON, KILLION, MURT, RAPP, READSHAW, SCAVELLO, VULAKOVICH AND WATSON, FEBRUARY 8, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | sale or transfer of firearms and for loans on or lending or |
4 | giving firearms prohibited. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6111(g)(2) and (h) heading and (1) of |
8 | Title 18 of the Pennsylvania Consolidated Statutes are amended |
9 | and subsection (h) is amended by adding a paragraph to read: |
10 | § 6111. Sale or transfer of firearms. |
11 | * * * |
12 | (g) Penalties.-- |
13 | * * * |
14 | (2) Any person, licensed dealer, licensed manufacturer |
15 | or licensed importer who knowingly or intentionally sells, |
16 | delivers or transfers a firearm under circumstances intended |
17 | to provide a firearm to any person, purchaser or transferee |
18 | who is [unqualified or ineligible to control, possess or use |
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1 | a firearm under this chapter] prohibited from possessing, |
2 | using, controlling, selling or manufacturing a firearm under |
3 | section 6105 commits a felony of the third degree and shall, |
4 | in addition, be subject to revocation of the license to sell |
5 | firearms for a period of three years. |
6 | * * * |
7 | (h) [Subsequent violation penalty] Mandatory minimum |
8 | sentence.-- |
9 | (1) [A second or subsequent violation of this section |
10 | shall be a felony of the second degree and shall be |
11 | punishable by a mandatory minimum sentence of imprisonment of |
12 | five years. A second or subsequent offense shall also result |
13 | in permanent revocation of any license to sell, import or |
14 | manufacture a firearm.] The following violations shall be a |
15 | felony of the second degree and shall be punishable by a |
16 | mandatory minimum sentence of imprisonment of five years: |
17 | (i) a second or subsequent violation of this |
18 | section, regardless of whether a firearm was involved; or |
19 | (ii) a violation of subsection (g)(2) if the seller |
20 | or transferer knows that the purchaser, transferee or the |
21 | final intended recipient has been convicted of a crime of |
22 | violence as defined in 42 Pa.C.S. § 9714(g) (relating to |
23 | sentences for second and subsequent offenses). |
24 | (1.1) A violation under paragraph (1)(i) or (ii) shall |
25 | also result in the permanent revocation of any license to |
26 | sell, import or manufacture a firearm. |
27 | * * * |
28 | Section 2. Section 6115(b)(3) of Title 18 is amended to |
29 | read: |
30 | § 6115. Loans on, or lending or giving firearms prohibited. |
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1 | * * * |
2 | (b) Exception.-- |
3 | * * * |
4 | (3) Nothing in this section shall be construed to |
5 | prohibit the loaning or giving of a firearm to another: |
6 | (i) in one's dwelling or place of business if the |
7 | firearm is retained within the dwelling or place of |
8 | business[.]; or |
9 | (ii) at any place of instruction intended to teach |
10 | the safe handling, use or maintenance of firearms so long |
11 | as the person who receives the firearm does not leave the |
12 | place of instruction with the firearm. |
13 | * * * |
14 | Section 3. The Pennsylvania Commission on Crime and |
15 | Delinquency shall establish a public information campaign aimed |
16 | at areas of high rates of violent crime informing the public of |
17 | the five-year mandatory sentence established by 18 Pa.C.S. § |
18 | 6111(h). The commission shall seek all available funding, |
19 | including Federal funding or funding available from nonprofit |
20 | corporations, and shall seek to engage pro bono services from |
21 | public relations and advertising firms and other entities. |
22 | Section 4. This act shall take effect in 60 days. |
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