1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the offense of
3carrying firearms on public streets or public property in

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6108 of Title 18 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 6108. Carrying firearms on public streets or public property
10in Philadelphia.

11(a) General rule.--No person shall carry a firearm[, rifle
12or shotgun] at any time upon the public streets or upon any
13public property in a city of the first class unless:

14(1) [such] the person is licensed to carry a firearm; or

15(2) [such] the person is exempt from licensing under
16section 6106(b) of this title (relating to firearms not to be
17carried without a license).

18(b) Mandatory sentence.--

1(1) Notwithstanding any other provision of law, if the
2person in possession of a firearm at the time of arrest for a
3violation of this section is not the lawful owner of the
4firearm, then the offense shall be graded as a felony of the
5third degree and, upon conviction, the person shall be
6sentenced to a minimum sentence of at least two years of
7total confinement.

8(2) A person sentenced under this subsection shall not
9be eligible for parole, probation, work release or furlough.

10(3) This subsection shall not apply to any person who is
11otherwise eligible to possess a firearm under this chapter
12and who is operating a motor vehicle which is registered in
13the person's name or the name of a spouse or parent and which
14contains a firearm for which a valid license has been issued
15pursuant to section 6109 (relating to licenses) to the spouse
16or parent owning the firearm.

17(c) Proof at sentencing.--Provisions of subsection (b) shall
18not be an element of the crime and notice thereof to the
19defendant shall not be required prior to conviction, but
20reasonable notice of the Commonwealth's intention to proceed
21under subsection (b) shall be provided after conviction and
22before sentencing. The applicability of subsection (b) shall be
23determined at sentencing. The court shall consider any evidence
24presented at trial and shall afford the Commonwealth and the
25defendant an opportunity to present any necessary additional
26evidence and shall determine, by a preponderance of the
27evidence, if subsection (b) is applicable.

28(d) Authority of court in sentencing.--There shall be no
29authority in any court to impose on an offender to which
30subsection (b) is applicable any lesser sentence than provided

1for in subsection (b) or to place the offender on probation or
2to suspend sentence. Nothing in this section shall prevent the
3sentencing court from imposing a sentence greater than that
4provided in subsection (b). Sentencing guidelines promulgated by
5the Pennsylvania Commission on Sentencing shall not supersede
6the mandatory sentence provided in subsection (b).

7(e) Appeal by Commonwealth.--If a sentencing court refuses
8to apply subsection (b) where applicable, the Commonwealth shall
9have the right to appellate review of the action of the
10sentencing court. The appellate court shall vacate the sentence
11and remand the case to the sentencing court for imposition of a
12sentence in accordance with subsection (b) if it finds that the
13sentence was imposed in violation of this section.

14(f) Definition.--For the purposes of this section, the term
15"firearm" shall include any weapon which is designed to or may
16readily be converted to expel any projectile by the action of an
17explosive or the frame or receiver of the weapon.

18Section 2. This act shall take effect in 60 days.