PRINTER'S NO. 683

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 618 Session of 2007


        INTRODUCED BY HANNA, DENLINGER, GEIST, GEORGE, GERGELY, GODSHALL
           AND GRUCELA, MARCH 6, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for restoration of
     3     firearm rights for offenses under prior laws of this
     4     Commonwealth.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The definition of "disabling offense" in section
     8  6105.1(e) of Title 18 of the Pennsylvania Consolidated Statutes
     9  is amended and the section is amended by adding a definition to
    10  read:
    11  § 6105.1.  Restoration of firearm rights for offenses under
    12             prior laws of this Commonwealth.
    13     * * *
    14     (e)  Definitions.--As used in this section, the following
    15  words and phrases shall have the meanings given to them in this
    16  subsection:
    17     "Disabling offense."  A conviction for any offense which:
    18         (1)  resulted in a Federal firearms disability [and is


     1     substantially similar to either an offense currently graded
     2     as a crime punishable by a term of imprisonment for not more
     3     than two years or conduct which no longer constitutes a
     4     violation of law] but is neither a violent crime nor conduct
     5     which presently constitutes a violation of the law; and
     6         (2)  was a violation of either of the following:
     7             (i)  the former act of May 1, 1929 (P.L.905, No.403),
     8         known as The Vehicle Code, or the former act of April 29,
     9         1959 (P.L.58, No.32), known as The Vehicle Code; or
    10             (ii)  the former act of June 24, 1939 (P.L.872,
    11         No.375), known as the Penal Code.
    12  The definition shall not include any offense which, if committed
    13  under contemporary standards, would constitute a misdemeanor of
    14  the second degree or greater under section 2701 (relating to
    15  simple assault) and was committed by a current or former spouse,
    16  parent or guardian of the victim, by a person with whom the
    17  victim shares a child in common, by a person who is cohabitating
    18  with or has cohabitated with the victim as a spouse, parent or
    19  guardian or by a person similarly situated to a spouse, parent
    20  or guardian of the victim.
    21     * * *
    22     "Violent crime."  A criminal offense involving either
    23  physical injury to a person or use of a firearm.
    24     Section 2.  This act shall take effect in 180 days.




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