PRINTER'S NO. 1226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
865
Session of
2019
INTRODUCED BY MENSCH AND HUGHES, SEPTEMBER 30, 2019
REFERRED TO JUDICIARY, SEPTEMBER 30, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for persons not to possess, use,
manufacture, control, sell or transfer firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(a)(1), (a.1)(1) and (1.1), (b) and
(c)(2) and (7) of Title 18 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b) or an attempt, conspiracy or
solicitation to commit an offense enumerated in subsection
(b), within or without this Commonwealth, regardless of the
length of sentence or whose conduct meets the criteria in
subsection (c) shall not possess, use, control, sell,
transfer or manufacture or obtain a license to possess, use,
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control, sell, transfer or manufacture a firearm in this
Commonwealth.
* * *
(a.1) Penalty.--
(1) Except as provided under paragraph (1.1), a person
convicted of a felony enumerated under subsection (b) or a
felony under [the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug Device and Cosmetic
Act,] subsection (c)(2) 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] subsection (c)
(2), 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
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this paragraph.
* * *
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
(1) Any of the following:
(i) Section 908 (relating to prohibited offensive
weapons).
(ii) Section 911 (relating to corrupt
organizations).
(iii) Section 912 (relating to possession of weapon
on school property).
(iv) Section 2502 (relating to murder).
(v) Section 2503 (relating to voluntary
manslaughter).
(vi) Section 2504 (relating to involuntary
manslaughter) if the offense is based on the reckless use
of a firearm.
(vii) Section 2702 (relating to aggravated assault).
(viii) Section 2703 (relating to assault by
prisoner).
(ix) Section 2704 (relating to assault by life
prisoner).
(x) Section 2709.1 (relating to stalking).
(xi) Section 2716 (relating to weapons of mass
destruction).
(xii) Section 2901 (relating to kidnapping).
(xiii) Section 2902 (relating to unlawful
restraint).
(xiv) Section 2910 (relating to luring a child into
a motor vehicle or structure).
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(xv) Section 3121 (relating to rape).
(xvi) Section 3123 (relating to involuntary deviate
sexual intercourse).
(xvii) Section 3125 (relating to aggravated indecent
assault).
(xviii) Section 3301 (relating to arson and related
offenses).
(xix) Section 3302 (relating to causing or risking
catastrophe).
(xx) Section 3502 (relating to burglary).
(xxi) Section 3503 (relating to criminal trespass)
if the offense is graded a felony of the second degree or
higher.
(xxii) Section 3701 (relating to robbery).
(xxiii) Section 3702 (relating to robbery of motor
vehicle).
(xxiv) Section 3921 (relating to theft by unlawful
taking or disposition) upon conviction of the second
felony offense.
(xxv) Section 3923 (relating to theft by extortion)
when the offense is accompanied by threats of violence.
(xxvi) Section 3925 (relating to receiving stolen
property) upon conviction of the second felony offense.
(xxvii) Section 4906 (relating to false reports to
law enforcement authorities) if the fictitious report
involved the theft of a firearm as provided in section
4906(c)(2).
(xxviii) Section 4912 (relating to impersonating a
public servant) if the person is impersonating a law
enforcement officer.
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(xxix) Section 4952 (relating to intimidation of
witnesses or victims).
(xxx) Section 4953 (relating to retaliation against
witness, victim or party).
(xxxi) Section 5121 (relating to escape).
(xxxii) Section 5122 (relating to weapons or
implements for escape).
(xxxiii) Section 5501(3) (relating to riot).
(xxxiv) Section 5515 (relating to prohibiting of
paramilitary training).
(xxxv) Section 5516 (relating to facsimile weapons
of mass destruction).
(xxxvi) Section 6110.1 (relating to possession of
firearm by minor).
(xxxvii) Section 6301 (relating to corruption of
minors).
(xxxviii) Section 6302 (relating to sale or lease of
weapons and explosives).
(2) Any of the following relating to an offense
enumerated under paragraph (1):
(i) Section 901 (relating to criminal attempt).
(ii) Section 902 (relating to criminal
solicitation).
(iii) Section 903 (relating to criminal conspiracy).
(3) Any offense equivalent to any of the [above-
enumerated] offenses enumerated under paragraph (1) or (2)
under the prior laws of this Commonwealth or any offense
equivalent to any of the [above-enumerated] offenses
enumerated under paragraph (1) or (2) under the statutes of
any other state or of the United States.
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(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(2) A person who has been convicted of an offense [under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.] that may be punishable by a term of
imprisonment exceeding two years:
(i) under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device
and Cosmetic Act;
(ii) for any attempt, solicitation or conspiracy to
commit an offense under subparagraph (i); or
(iii) for any equivalent Federal statute or
equivalent statute of another state.
* * *
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute [an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.]:
(i) an offense under sections 2502, 2503, 2702,
2703, 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923;
or
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(ii) an attempt, solicitation or conspiracy to
commit an offense under subparagraph (i).
* * *
Section 2. This act shall take effect in 60 days.
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