act-2005-0-85•Pennsylvania Act 2005-85 — CRIMES CODE (18 PA.C.S.) - PAINTBALL GUNS AND PAINTBALL MARKERS OFFENSES, CRIMINAL MISCHIEF AND SALE AND USE OF AIR RIFLES
Pennsylvania Act 2005-85 — CRIMES CODE (18 PA.C.S.) - PAINTBALL GUNS AND PAINTBALL MARKERS OFFENSES, CRIMINAL MISCHIEF AND SALE AND USE OF AIR RIFLES
act-2005-0-852005 Pa. Act 85Law
Act text
CRIMES CODE (18 PA.C.S.) - PAINTBALL GUNS AND PAINTBALL MARKERS OFFENSES,
CRIMINAL MISCHIEF AND SALE AND USE OF AIR RIFLES
Act of Dec. 22, 2005, P.L. 449, No. 85 Cl. 18
Session of 2005
No. 2005-85
HB 1686
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offenses of
paintball guns and paintball markers, criminal mischief and
sale and use of air rifles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2707.2, 3304(a) and 6304(g) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 2707.2. Paintball guns and paintball markers.
(a) Unlawful carrying in vehicle.--
[(1) Except as set forth in paragraph (2), an individual
may not carry a paintball gun or a paintball marker in a
vehicle on a highway unless one of the following apply:
(i) The paintball gun or paintball marker is
disassembled so that the propellant canister is separate
from the rest of the device and the device is empty of
encapsulated gelatin paintballs.
(ii) The propellant canister of the paintball gun or
paintball marker has been emptied of its gas or air
propellant and the device is empty of encapsulated
gelatin paintballs.]
(1.1) Except as set forth in paragraph (2), an
individual may not carry a paintball gun or a paintball
marker in a vehicle on a highway unless all of the following
apply:
(i) The paintball gun or paintball marker is empty
of encapsulated gelatin paintballs.
(ii) The propellant source on the paintball gun or
paintball marker is disconnected, disabled or turned off.
(iii) The paintballs are stored in a separate and
closed container.
(iv) The paintball gun or paintball marker is:
(A) in a secure wrapper;
(B) has a barrel-blocking device installed; or
(C) is not readily or directly accessible from
the passenger compartment of the vehicle.
(2) Paragraph [(1)] (1.1) does not apply to a commercial
paintball field, range or course where passengers are being
transported by the commercial field, range or course operator
to and from designated player areas.
(a.1) Unlawful discharge of paintball gun or paintball
marker.--An individual may not discharge or fire a paintball gun
or paintball marker at a person who is not participating in
paintball games or paintball-related recreational activities.
(b) Penalty.--A person who violates this section commits a
summary offense.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Barrel-blocking device." A device which captures or
prevents the discharge of an encapsulated gelatin paintball from
a paintball gun or paintball marker and meets the specifications
of the American Society for Testing Materials (ASTM) F2271-03
(Standard Specification for Paintball Marker Barrel Blocking
Devices) or its successor.
"Paintball gun." A device designed and manufactured to
propel, by gas or air, an encapsulated gelatin paintball.
"Paintball marker." A device designed and manufactured to
propel, by gas or air, an encapsulated gelatin paintball.
§ 3304. Criminal mischief.
(a) Offense defined.--A person is guilty of criminal
mischief if he:
(1) damages tangible property of another intentionally,
recklessly, or by negligence in the employment of fire,
explosives, or other dangerous means listed in section
3302(a) of this title (relating to causing or risking
catastrophe);
(2) intentionally or recklessly tampers with tangible
property of another so as to endanger person or property;
(3) intentionally or recklessly causes another to suffer
pecuniary loss by deception or threat;
(4) intentionally defaces or otherwise damages tangible
public property or tangible property of another with graffiti
by use of any aerosol spray-paint can, broad-tipped indelible
marker or similar marking device; [or]
(5) intentionally damages real or personal property of
another[.]; or
(6) intentionally defaces personal, private or public
property by discharging a paintball gun or paintball marker
at that property.
* * *
§ 6304. Sale and use of air rifles.
* * *
(g) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Air [rifles] rifle." Any air gun, air pistol, spring gun,
spring pistol, B-B gun, or any implement that is not a firearm,
which impels a pellet of any kind with a force that can
reasonably be expected to cause bodily harm. The term does not
include a paintball gun or paintball marker as defined in
section 2707.2 (relating to paintball guns and paintball
markers).
"Dealer." Any person engaged in the business of selling at
retail or renting any air rifles.
Section 2. This act shall take effect in 60 days.
APPROVED--The 22nd day of December, A. D. 2005.
EDWARD G. RENDELL
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