PRINTER'S NO. 503
No. 444 Session of 1991
INTRODUCED BY GODSHALL, DEMPSEY, GEIST, TRELLO, CLARK,
E. Z. TAYLOR, COY, STAIRS, PESCI, MAIALE, McNALLY, G. SNYDER,
HERMAN, MERRY, ALLEN, CORNELL, FARMER, SCRIMENTI, NOYE,
LESCOVITZ, BUNT, JAROLIN, COLAIZZO, McCALL, D. W. SNYDER,
CIVERA, KASUNIC, ULIANA, BILLOW, THOMAS, PHILLIPS, STEELMAN
AND SCHEETZ, MARCH 11, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 1991
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting certain classes of persons
3 from possessing a firearm, rifle or shotgun; and providing
4 for relief from disability.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6105 and 6123 of Title 18 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 6105. [Former convict not to own a firearm, etc.] Certain
10 persons not to possess firearms.
11 (a) Crimes of violence.--No person who has been convicted in
12 this Commonwealth or elsewhere of a crime of violence shall own
13 a firearm, or have one in his possession or under his control.
14 (b) Other persons.--Except as provided in subsection (c), it
15 shall be unlawful for any of the following persons to have a
16 firearm, rifle or shotgun in his possession or under his
17 control:
1 (1) A person who has been convicted in any court of a
2 crime punishable by imprisonment exceeding one year.
3 (2) A person who is a fugitive from justice.
4 (3) A person who is an unlawful user of or addicted to
5 any controlled substance, as defined in section 2 of the act
6 of April 14, 1972 (P.L.233, No.64), known as The Controlled
7 Substance, Drug, Device and Cosmetic Act.
8 (4) A person who has been adjudicated as an incompetent
9 or who has been involuntarily committed to a mental
10 institution under the provisions of the act of July 9, 1976
11 (P.L.817, No.143), known as the Mental Health Procedures Act,
12 for inpatient care and treatment.
13 (5) A person who, being an alien, is illegally or
14 unlawfully in the United States.
15 (6) A person who has been discharged from the armed
16 forces under dishonorable conditions.
17 (7) A person who, having been a citizen of the United
18 States, has renounced his citizenship.
19 (c) Exemption.--Any person specified in subsection (b) shall
20 be exempt from the disabilities imposed by that subsection if
21 any of the following apply:
22 (1) The conviction has been vacated or expunged under
23 circumstances where all appeals have been exhausted or where
24 the right to appeal has expired.
25 (2) The conviction has been the subject of a full pardon
26 by the Governor.
27 (3) The Secretary of the Treasury of the United States
28 has relieved the person of an applicable disability imposed
29 by Federal law upon the possession of a firearm, rifle or
30 shotgun as a result of the person's prior conviction or
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1 commitment to a mental institution.
2 (d) Other restrictions.--Nothing in this section shall
3 exempt a person from a disability in relation to the ownership,
4 possession or control of a firearm, rifle or shotgun which is
5 imposed as a condition of probation or parole or which is
6 imposed pursuant to the provision of any law other than this
7 section.
8 § 6123. [Waiver of] Relief from disability or pardons.
9 A [waiver of] relief from disability from Federal authorities
10 as provided for in 18 U.S.C. § 925 (relating to exceptions;
11 relief from disabilities), a full pardon from the Governor or
12 [an overturning] a reversal of a conviction shall remove any
13 corresponding disability under this subchapter except the
14 disability under section [6105 (relating to former convict not
15 to own a firearm, etc.)] 6105(a) (relating to certain persons
16 not to possess firearms).
17 Section 2. This act shall take effect in 180 days.
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