HB 1508 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in sentencing, providing
 3      for sentences for persons not to possess, use, manufacture,
 4      control, sell or transfer firearms.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 9720.9.      Sentences for persons not to possess, use,
10                  manufacture, control, sell or transfer firearms.
11      (a)   Mandatory sentence.--
12            (1)    A person convicted of 18 Pa.C.S. § 6105 (relating to
13      persons not to possess, use, manufacture, control, sell or
14      transfer firearms) for violating an offense under 18 Pa.C.S.
15      § 6105(b) shall be sentenced to a mandatory term of
16      imprisonment of at least 11 months.
17            (2)    The mandatory term of imprisonment under paragraph
18      (1) does not apply if the felony conviction of 18 Pa.C.S. §
19      6105 was because the person was subject to 18 Pa.C.S. §
 1      6105(c)(3).
 2            (3)   Notwithstanding another provision of this title or
 3      other statute, a person convicted of violating 18 Pa.C.S. §
 4      6105 when the offense is graded as a felony shall be
 5      sentenced to a minimum sentence of at least five years of
 6      total confinement if during the commission of the current
 7      offense the person had previously been convicted of 18
 8      Pa.C.S. § 6105. Upon a second conviction for 18 Pa.C.S. §
 9      6105, the court shall give the person oral and written notice
10      of the penalties under this section for a third conviction
11      for a crime of violence. Failure to provide the notice does
12      not render the offender ineligible to be sentenced under
13      paragraph (4).
14            (4)   During the commission of the current offense, if the
15      person had previously been convicted of two or more
16      violations of 18 Pa.C.S. § 6105 arising from separate
17      criminal actions, the person shall be sentenced to a minimum
18      sentence of at least 15 years of total confinement,
19      notwithstanding another provision of this title or other
20      statute. Proof the offender received notice of or otherwise
21      knew or should have known of the penalties under this
22      paragraph is not required.
23      (b)   Mandatory maximum.--An offender sentenced to a mandatory
24   minimum sentence under this section shall be sentenced to a
25   maximum sentence equal to twice the mandatory minimum sentence,
26   notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
27   imprisonment for felony) or another provision of this title or
28   other statute.
29      (c)   Eligibility for parole.--Parole under this section may
30   not be granted until the minimum term of imprisonment is served.

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 1    (d)   Application of mandatory minimum penalty.--
 2          (1)   For a provision of this section requiring imposition
 3    of a mandatory minimum sentence based on a fact that is not
 4    an element of the underlying offense or a prior conviction,
 5    the enhancing element must be:
 6                (i)    proven beyond a reasonable doubt at trial on the
 7          underlying offense; and
 8                (ii)   submitted to the fact-finder for deliberation
 9          together with the underlying offense.
10    If the fact-finder finds the defendant guilty of the
11    underlying offense, the fact-finder shall decide whether an
12    enhancing element has been proven.
13          (2)   For another provision of this section requiring
14    imposition of a mandatory minimum sentence:
15                (i)    the enhancing element may not be an element of
16          the crime; and
17                (ii)   notice of the crime to the defendant is not
18          required prior to conviction, however, reasonable notice
19          of the Commonwealth's intention to proceed under this
20          section shall be provided after conviction and before
21          sentencing.
22    (e)   Procedure.--
23          (1)   This section applies at sentencing.
24          (2)   Prior to imposing sentence on an offender under this
25    section, the sentencing court shall have a complete record of
26    the previous convictions of the offender and copies of the
27    record shall be furnished to the offender.
28          (3)   If the offender or Commonwealth contests the
29    accuracy of the record under paragraph (2), the court shall
30    schedule a hearing and direct the offender and Commonwealth

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 1      to submit evidence regarding the previous convictions of the
 2      offender.
 3            (4)   For a hearing under paragraph (3), the court shall
 4      determine the previous convictions of the offender by a
 5      preponderance of the evidence. If the court finds this
 6      section is applicable, the court shall impose a sentence in
 7      accordance with this section. If a previous conviction is
 8      vacated and an acquittal or final discharge entered after
 9      imposition of sentence under this section, the offender may
10      petition the sentencing court for reconsideration of the
11      sentence if this section would have been inapplicable except
12      for the vacated conviction.
13      (f)   Appeal by Commonwealth.--If a sentencing court fails to
14   apply this section where applicable, including if the fact-
15   finder found an enhancing element and a sentencing court imposes
16   a sentence below the mandatory minimum sentence, the
17   Commonwealth shall have the right to appellate review of the
18   sentence. If the appellate court finds the sentence imposed in
19   violation of this section, the appellate court shall vacate the
20   sentence and remand the case to the sentencing court for
21   imposition of a sentence in accordance with this section.
22      Section 2.    This act shall take effect in 60 days.




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