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. 1094
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 918
Session of
2025
INTRODUCED BY FARRY, PENNYCUICK, PICOZZI, FONTANA, STEFANO,
VOGEL, ROBINSON AND ARGALL, JULY 31, 2025
REFERRED TO JUDICIARY, JULY 31, 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 minimum sentence.--
(1) A person convicted under 18 Pa.C.S. § 6105(a)
(relating to persons not to possess, use, manufacture,
control, sell or transfer firearms) as a result of a
conviction 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) shall not apply if the felony conviction under 18 Pa.C.S.
§ 6105 was because the person was subject to 18 Pa.C.S. §
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6105(c)(3).
(3) If a person is convicted under 18 Pa.C.S. § 6105 and
the offense is graded as a felony, the person shall be
sentenced to a minimum sentence of at least five years of
total confinement if the person had previously been convicted
under 18 Pa.C.S. § 6105 during the commission of the current
offense. Upon a second conviction under 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 under this
paragraph shall not render the offender ineligible to be
sentenced under paragraph (4).
(4) If the person had previously been convicted of two
or more violations of 18 Pa.C.S. § 6105 arising from separate
criminal actions during the commission of the current
offense, the person shall be sentenced to a minimum sentence
of at least 15 years of total confinement. Proof that the
offender received notice of or otherwise knew or should have
known of the penalties under this paragraph shall not be
required.
(b) Mandatory maximum sentence.--An offender sentenced to a
mandatory minimum sentence under subsection (a) 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.
(d) Application of mandatory minimum penalty.--
(1) For a provision of this section that requires
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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 a provision of this section that requires
imposition of a mandatory minimum sentence and that is not
covered by paragraph (1):
(i) The enhancing element may not be an element of
the crime.
(ii) Notice of the crime to the defendant shall not
be required prior to conviction, but reasonable notice of
the Commonwealth's intention to proceed under this
section must be provided after conviction and before
sentencing.
(3) The applicability of this section shall be
determined at sentencing.
(4) Prior to imposing sentence on an offender under this
section, the sentencing court must have a complete record of
the previous convictions of the offender, and copies of the
record must be furnished to the offender.
(5) If the offender or Commonwealth contests the
accuracy of the record under paragraph (4), the court shall
schedule a hearing and direct the offender and Commonwealth
to submit evidence regarding the previous convictions of the
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offender.
(6) For a hearing under paragraph (5), the court shall
determine the previous convictions of the offender by a
preponderance of the evidence.
(7) If the court finds that this section is applicable,
the court shall impose a sentence in accordance with this
section.
(8) 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.
(e) Appeal by Commonwealth.--
(1) 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.
(2) I f the appellate court finds that the sentence was
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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