PRINTER'S NO. 363

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

SENATE BILL

No.

433

Session of

2013

 

 

 

INTRODUCED BY FARNESE, STACK, WASHINGTON, HUGHES, TARTAGLIONE AND LEACH, FEBRUARY 5, 2013

 

 

REFERRED TO JUDICIARY, FEBRUARY 5, 2013

 

 

 

AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for the offense of persons not to
4possess, use, manufacture, control, sell or transfer
5firearms.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 6105(a.1)(1), (b) and (c)(2) of Title 18
9of the Pennsylvania Consolidated Statutes are amended to read:

10§ 6105. Persons not to possess, use, manufacture, control, sell
11or transfer firearms.

12* * *

13(a.1) Penalty.--

14(1) A person convicted of a felony enumerated under
15subsection (b) [or a felony under the act of April 14, 1972
16(P.L.233, No.64), known as The Controlled Substance, Drug,
17Device and Cosmetic Act, or any equivalent Federal statute or
18equivalent statute of any other state,] who violates
19subsection (a) commits a felony of the second degree.

1* * *

2(b) Enumerated offenses.--The following offenses shall apply
3to subsection (a):

4Section 908 (relating to prohibited offensive weapons).

5Section 911 (relating to corrupt organizations).

6Section 912 (relating to possession of weapon on school
7property).

8Section 2502 (relating to murder).

9Section 2503 (relating to voluntary manslaughter).

10Section 2504 (relating to involuntary manslaughter) if
11the offense is based on the reckless use of a firearm.

12Section 2702 (relating to aggravated assault).

13Section 2703 (relating to assault by prisoner).

14Section 2704 (relating to assault by life prisoner).

15Section 2709.1 (relating to stalking).

16Section 2716 (relating to weapons of mass destruction).

17Section 2901 (relating to kidnapping).

18Section 2902 (relating to unlawful restraint).

19Section 2910 (relating to luring a child into a motor
20vehicle or structure).

21Section 3121 (relating to rape).

22Section 3123 (relating to involuntary deviate sexual
23intercourse).

24Section 3125 (relating to aggravated indecent assault).

25Section 3301 (relating to arson and related offenses).

26Section 3302 (relating to causing or risking
27catastrophe).

28Section 3502 (relating to burglary).

29Section 3503 (relating to criminal trespass) if the
30offense is graded a felony of the second degree or higher.

1Section 3701 (relating to robbery).

2Section 3702 (relating to robbery of motor vehicle).

3Section 3921 (relating to theft by unlawful taking or
4disposition) upon conviction of the second felony offense.

5Section 3923 (relating to theft by extortion) when the
6offense is accompanied by threats of violence.

7Section 3925 (relating to receiving stolen property) upon
8conviction of the second felony offense.

9Section 4906 (relating to false reports to law
10enforcement authorities) if the fictitious report involved
11the theft of a firearm as provided in section 4906(c)(2).

12Section 4912 (relating to impersonating a public servant)
13if the person is impersonating a law enforcement officer.

14Section 4952 (relating to intimidation of witnesses or
15victims).

16Section 4953 (relating to retaliation against witness,
17victim or party).

18Section 5121 (relating to escape).

19Section 5122 (relating to weapons or implements for
20escape).

21Section 5501(3) (relating to riot).

22Section 5515 (relating to prohibiting of paramilitary
23training).

24Section 5516 (relating to facsimile weapons of mass
25destruction).

26Section 6110.1 (relating to possession of firearm by
27minor).

28Section 6301 (relating to corruption of minors).

29Section 6302 (relating to sale or lease of weapons and
30explosives).

1Any offense equivalent to any of the above-enumerated
2offenses under the prior laws of this Commonwealth or any
3offense equivalent to any of the above-enumerated offenses under
4the statutes of any other state or of the United States.

5Any offense under the act of April 14, 1972 (P.L.233, No.64),
6known as The Controlled Substance, Drug, Device and Cosmetic
7Act, or any equivalent Federal statute or equivalent statute of
8any other state, that may be punishable by a term of
9imprisonment exceeding two years.

10(c) Other persons.--In addition to any person who has been
11convicted of any offense listed under subsection (b), the
12following persons shall be subject to the prohibition of
13subsection (a):

14* * *

15[(2) A person who has been convicted of an offense under
16the act of April 14, 1972 (P.L.233, No.64), known as The
17Controlled Substance, Drug, Device and Cosmetic Act, or any
18equivalent Federal statute or equivalent statute of any other
19state, that may be punishable by a term of imprisonment
20exceeding two years.]

21* * *

22Section 2. This act shall take effect in 60 days.