1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in sentencing, providing
3for sentences for carrying a firearm without a license.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 9712.2. Sentences for carrying firearm without a license.

9(a) Mandatory sentence.--

10(1) A person who is convicted of a violation of 18 
11Pa.C.S. § 6106(a)(1) (relating to firearms not to be carried 
12without a license) shall be sentenced to a minimum sentence 
13of at least two years of total confinement.

14(2) A person who is convicted of a violation of 18 
15Pa.C.S. § 6106(a)(2) shall be sentenced to a minimum sentence 
16of at least six months of total confinement.

17(b) Authority of court in sentencing.--

18(1) There shall be no authority in any court to impose

1on an offender to which this section is applicable any lesser
2sentence than provided for under subsection (a) or to place
3such offender on probation or to suspend sentence.

4(2) Nothing in this section shall be construed to
5prevent the sentencing court from imposing a sentence greater
6than that provided under this section.

7(3) Sentencing guidelines promulgated by the
8Pennsylvania Commission on Sentencing shall not supersede the
9mandatory sentences provided under this section.

10(c) Appeal by Commonwealth.--

11(1) If a sentencing court refuses to apply this section
12where applicable, the Commonwealth shall have the right to
13appellate review of the action of the sentencing court.

14(2) The appellate court shall vacate the sentence and
15remand the case to the sentencing court for imposition of a
16sentence in accordance with this section if it finds that the
17sentence was imposed in violation of this section.

18Section 2. This act shall take effect in 60 days.