Pennsylvania Act 1994-84 — CRIMES CODE (18 PA.C.S.) - AMEND

Act text

CRIMES CODE (18 PA.C.S.) - AMEND
                  Act of Oct. 4, 1994, P.L. 571, No. 84               Cl. 18
                             Session of 1994
                               No. 1994-84

     HB 185

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for prohibited
        offensive weapons and for limitation on municipal regulation
        of firearms and ammunition.

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

        Section 1.  Sections 908 and 6120 of Title 18 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 908.  Prohibited offensive weapons.
        (a)  Offense defined.--A person commits a misdemeanor of the
     first degree if, except as authorized by law, he makes repairs,
     sells, or otherwise deals in, uses, or possesses any offensive
     weapon.
        (b)  Exceptions.--
            (1)  It is a defense under this section for the defendant
        to prove by a preponderance of evidence that he possessed or
        dealt with the weapon solely as a curio or in a dramatic
        performance, or that, with the exception of a bomb, grenade
        or incendiary device, he complied with the National Firearms
        Act (26 U.S.C. § 5801 et seq.), or that he possessed it
        briefly in consequence of having found it or taken it from an
        aggressor, or under circumstances similarly negativing any
        intent or likelihood that the weapon would be used
        unlawfully.
            (2)  This section does not apply to police forensic
        firearms experts or police forensic firearms laboratories.
        Also exempt from this section are forensic firearms experts
        or forensic firearms laboratories operating in the ordinary
        course of business and engaged in lawful operation who notify
        in writing, on an annual basis, the chief or head of any
        police force or police department of a city, and, elsewhere,
        the sheriff of a county in which they are located, of the
        possession, type and use of offensive weapons.
            (3)  This section shall not apply to any person who
        makes, repairs, sells or otherwise deals in, uses or
        possesses any firearm for purposes not prohibited by the laws
        of this Commonwealth.
        (c)  Definition.--[As used in this section "offensive weapon"
     means any] As used in this section, the following words and
     phrases shall have the meanings given to them in this
     subsection:
        "Firearm."  Any weapon which is designed to or may readily be
     converted to expel any projectile by the action of an explosive,
     or the frame or receiver of any such weapon.
        "Offensive weapons."  Any bomb, grenade, machine gun, sawed-
     off shotgun with a barrel less than 18 inches, firearm specially
     made or specially adapted for concealment or silent discharge,
     any blackjack, sandbag, metal knuckles, dagger, knife, razor or
     cutting instrument, the blade of which is exposed in an
     automatic way by switch, push-button, spring mechanism, or
     otherwise, or other implement for the infliction of serious
     bodily injury which serves no common lawful purpose.
        (d)  Exemptions.--The use and possession of blackjacks by the
     following persons in the course of their duties are exempt from
     this section:
            (1)  Police officers, as defined by and who meet the
        requirements of the act of June 18, 1974 (P.L.359, No.120),
        referred to as the Municipal Police Education and Training
        Law.
            (2)  Police officers of first class cities who have
        successfully completed training which is substantially
        equivalent to the program under the Municipal Police
        Education and Training Law.
            (3)  Pennsylvania State Police officers.
            (4)  Sheriffs and deputy sheriffs of the various counties
        who have satisfactorily met the requirements of the Municipal
        Police Education and Training Law.
            (5)  Police officers employed by the Commonwealth who
        have satisfactorily met the requirements of the Municipal
        Police Education and Training Law.
            (6)  Deputy sheriffs with adequate training as determined
        by the Pennsylvania Commission on Crime and Delinquency.
            (7)  Liquor Control Board agents who have satisfactorily
        met the requirements of the Municipal Police Education and
        Training Law.
      § 6120.  Limitation on municipal regulation of firearms and
                ammunition.
        (a)  General rule.--No county, municipality or township may
     in any manner regulate the lawful ownership, possession,
     transfer or transportation of firearms, ammunition or ammunition
     components when carried or transported for purposes not
     prohibited by the laws of this Commonwealth.
        (b)  Definition.--For the purposes of this section, the term
     "firearms" has the meaning given in section 5515 (relating to
     prohibiting of paramilitary training) but shall not include "air
     rifles" as defined in section 6304 (relating to sale and use of
     air rifles).
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 4th day of October, A. D. 1994.

     ROBERT P. CASEY