| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY TOEPEL, STEPHENS, V. BROWN, DAVIDSON, QUIGLEY, READSHAW, ROSS, VULAKOVICH AND WATSON, MARCH 2, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for sale or transfer |
3 | of firearms. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6111(h) of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 6111. Sale or transfer of firearms. |
9 | * * * |
10 | (h) Subsequent violation penalty.-- |
11 | (1) A second or subsequent violation of this section |
12 | shall be a felony of the second degree [and shall be |
13 | punishable by]. A person who at the time of sentencing has |
14 | been convicted of another offense under this section shall be |
15 | sentenced to a mandatory minimum sentence of imprisonment of |
16 | five years. A second or subsequent offense shall also result |
17 | in permanent revocation of any license to sell, import or |
18 | manufacture a firearm. |
|
1 | (2) Notice of the applicability of this subsection to |
2 | the defendant and reasonable notice of the Commonwealth's |
3 | intention to proceed under this section shall be provided |
4 | prior to trial. The applicability of this section shall be |
5 | determined at sentencing. The court shall consider evidence |
6 | presented at trial, shall afford the Commonwealth and the |
7 | defendant an opportunity to present necessary additional |
8 | evidence and shall determine by a preponderance of the |
9 | evidence if this section is applicable. |
10 | (3) There shall be no authority for a court to impose on |
11 | a defendant to which this subsection is applicable a lesser |
12 | sentence than provided for in paragraph (1), to place the |
13 | defendant on probation or to suspend sentence. Nothing in |
14 | this section shall prevent the sentencing court from imposing |
15 | a sentence greater than that provided in this section. |
16 | Sentencing guidelines promulgated by the Pennsylvania |
17 | Commission on Sentencing shall not supersede the mandatory |
18 | sentences provided in this section. |
19 | (4) If a sentencing court refuses to apply this |
20 | subsection where applicable, the Commonwealth shall have the |
21 | right to appellate review of the action of the sentencing |
22 | court. The appellate court shall vacate the sentence and |
23 | remand the case to the sentencing court for imposition of a |
24 | sentence in accordance with this section if it finds that the |
25 | sentence was imposed in violation of this subsection. |
26 | (5) For the purposes of this subsection, a person shall |
27 | be deemed to have been convicted of another offense under |
28 | this section whether or not judgment of sentence has been |
29 | imposed for that violation. |
30 | * * * |
|
1 | Section 2. This act shall take effect in 60 days. |
|