An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, providing for sentences for persons not to possess, use, manufacture, control, sell or transfer firearms.

PRINTER'S NO. 1765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1508
Session of
2025
INTRODUCED BY TOMLINSON, MARCELL AND GUENST, MAY 28, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 29, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentences 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. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9720.9. Sentences for persons not to possess, use,
manufacture, control, sell or transfer firearms.
(a) Mandatory sentence.--
(1) A person convicted of 18 Pa.C.S. § 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) for violating an offense under 18 Pa.C.S.
§ 6105(b) shall be sentenced to a mandatory term of
imprisonment of at least 11 months.
(2) The mandatory term of imprisonment under paragraph
(1) does not apply if the felony conviction of 18 Pa.C.S. §
6105 was because the person was subject to 18 Pa.C.S. §
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6105(c)(3).
(3) Notwithstanding another provision of this title or
other statute, a person convicted of violating 18 Pa.C.S. §
6105 when the offense is graded as a felony shall be
sentenced to a minimum sentence of at least five years of
total confinement if during the commission of the current
offense the person had previously been convicted of 18
Pa.C.S. § 6105. Upon a second conviction for 18 Pa.C.S. §
6105, the court shall give the person oral and written notice
of the penalties under this section for a third conviction
for a crime of violence. F ailure to provide the notice does
not render the offender ineligible to be sentenced under
paragraph (4).
(4) During the commission of the current offense, if the
person had previously been convicted of two or more
violations of 18 Pa.C.S. § 6105 arising from separate
criminal actions, the person shall be sentenced to a minimum
sentence of at least 15 years of total confinement,
notwithstanding another provision of this title or other
statute. Proof the offender received notice of or otherwise
knew or should have known of the penalties under this
paragraph is not required.
(b) Mandatory maximum.--An offender sentenced to a mandatory
minimum sentence under this section shall be sentenced to a
maximum sentence equal to twice the mandatory minimum sentence,
notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
imprisonment for felony) or another provision of this title or
other statute.
(c) Eligibility for parole.--Parole under this section may
not be granted until the minimum term of imprisonment is served.
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(d) Application of mandatory minimum penalty.--
(1) For a provision of this section requiring imposition
of a mandatory minimum sentence based on a fact that is not
an element of the underlying offense or a prior conviction,
the enhancing element must be:
(i) proven beyond a reasonable doubt at trial on the
underlying offense; and
(ii) submitted to the fact-finder for deliberation
together with the underlying offense.
If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall decide whether an
enhancing element has been proven.
(2) For another provision of this section requiring
imposition of a mandatory minimum sentence:
(i) the enhancing element may not be an element of
the crime; and
(ii) notice of the crime to the defendant is not
required prior to conviction, however, reasonable notice
of the Commonwealth's intention to proceed under this
section shall be provided after conviction and before
sentencing.
(e) Procedure.--
(1) This section applies at sentencing.
(2) Prior to imposing sentence on an offender under this
section, the sentencing court shall have a complete record of
the previous convictions of the offender and copies of the
record shall be furnished to the offender.
(3) If the offender or Commonwealth contests the
accuracy of the record under paragraph (2), the court shall
schedule a hearing and direct the offender and Commonwealth
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to submit evidence regarding the previous convictions of the
offender.
(4) For a hearing under paragraph (3), the court shall
determine the previous convictions of the offender by a
preponderance of the evidence. If the court finds this
section is applicable, the court shall impose a sentence in
accordance with this section. If a previous conviction is
vacated and an acquittal or final discharge entered after
imposition of sentence under this section, the offender may
petition the sentencing court for reconsideration of the
sentence if this section would have been inapplicable except
for the vacated conviction.
(f) Appeal by Commonwealth.--If a sentencing court fails to
apply this section where applicable, including if the fact-
finder found an enhancing element and a sentencing court imposes
a sentence below the mandatory minimum sentence, the
Commonwealth shall have the right to appellate review of the
sentence. I f the appellate court finds the sentence imposed in
violation of this section, t he appellate court shall vacate the
sentence and remand the case to the sentencing court for
imposition of a sentence in accordance with this section.
Section 2. This act shall take effect in 60 days.
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