By Associated Press - Monday, October 6, 2014

HARRISBURG, Pa. (AP) — The state House of Representatives passed two gun-related bills Monday, including a new minimum sentence for certain violations in Philadelphia.

The House voted 143-54 for a bill that would discourage local governments from imposing illegal gun restrictions by giving anyone whose rights are violated by such laws the ability to sue and recover legal fees, as well as reimbursement for any lost income.

That bill also would require the state police to submit mental health data within 90 days to the National Instant Criminal Background Check System, run by the federal government.

The Philadelphia-related bill passed 171-26. It would give prosecutors discretion to seek a two-year minimum sentence for people convicted of carrying a firearm they don’t own or those who don’t have a license or another legal right to carry it within the city limits.

The sponsor, Rep. John Taylor, R-Philadelphia, noted the city has been plagued by gun violence and said anyone walking the streets with an illegal gun, “to me, that definition says criminal.”

Rep. Greg Vitali, D-Delaware, said he was concerned that the proposal could harshly punish someone “who really does not commit any other crime than wrongly possessing a gun.”

Vitali also raised objections to giving prosecutors discretion about whether to seek the mandatory sentence.

“You are shifting the ability to sentence from the judge to the prosecutor,” Vitali said, arguing that judges were better positioned “to escape from the passions of the moment, the passions of the political process, and do justice to each individual.”

Both measures have been sent to the Senate.

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