Bill Text: PA HB762 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for the offense of sale or transfer of firearms and for loans on or lending or giving firearms prohibited.

Spectrum: Slight Partisan Bill (Republican 14-7)

Status: (Introduced - Dead) 2009-03-06 - Referred to JUDICIARY [HB762 Detail]

Download: Pennsylvania-2009-HB762-Introduced.html

---

PRINTER'S NO. 852
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 762 Session of2009
INTRODUCED BY PETRI, BOYD, BROWN, CIVERA, CUTLER, EVERETT, FAIRCHILD, FRANKEL, FREEMAN, GEIST, GOODMAN, HICKERNELL, KILLION, MELIO, O'NEILL, SIPTROTH, VULAKOVICH AND YOUNGBLOOD, MARCH 6, 2009
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
sale or transfer of firearms and for loans on or lending or
giving firearms prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6111(g)(2) and (h) heading and (1) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
and subsection (h) is amended by adding a paragraph to read:
§ 6111. Sale or transfer of firearms.
* * *
(g) Penalties.--
* * *
(2) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm under circumstances intended
to provide a firearm to any person, purchaser or transferee
who is [unqualified or ineligible to control, possess or use
a firearm under this chapter] prohibited from possessing,
using, controlling, selling or manufacturing a firearm under
section 6105 commits a felony of the third degree and shall,
in addition, be subject to revocation of the license to sell
firearms for a period of three years.
* * *
(h) [Subsequent violation penalty] Mandatory minimum
sentence.--
(1) [A second or subsequent violation of this section
shall be a felony of the second degree and shall be
punishable by a mandatory minimum sentence of imprisonment of
five years. A second or subsequent offense shall also result
in permanent revocation of any license to sell, import or
manufacture a firearm.] The following violations shall be a
felony of the second degree and shall be punishable by a
mandatory minimum sentence of imprisonment of five years:
(i) a second or subsequent violation of this
section, regardless of whether a firearm was involved; or
(ii) a violation of subsection (g)(2) if the seller
or transferer knows that the purchaser, transferee or the
final intended recipient has been convicted of a crime of
violence as defined in 42 Pa.C.S. § 9714(g) (relating to
sentences for second and subsequent offenses).
(1.1) A violation under paragraph (1)(i) or (ii)
shall also result in the permanent revocation of any
license to sell, import or manufacture a firearm.
* * *
Section 2. Section 6115(b)(3) of Title 18 is amended to
read:
§ 6115. Loans on, or lending or giving firearms prohibited.
20090HB0762PN0852 - 2 -
* * *
(b) Exception.--
* * *
(3) Nothing in this section shall be construed to
prohibit the loaning or giving of a firearm to another:
(i) in one's dwelling or place of business if the
firearm is retained within the dwelling or place of
business[.]; or
(ii) at any place of instruction intended to teach
the safe handling, use or maintenance of firearms so long
as the person who receives the firearm does not leave the
place of instruction with the firearm.
* * *
Section 3. The Pennsylvania Commission on Crime and
Delinquency shall establish a public information campaign aimed
at areas of high rates of violent crime informing the public of
the five-year mandatory sentence established by 18 Pa.C.S. §
6111(h). The commission shall seek all available funding,
including Federal funding or funding available from nonprofit
corporations, and shall seek to engage pro bono services from
public relations and advertising firms and other entities.
Section 4. This act shall take effect in 60 days.
20090HB0762PN0852 - 3 -