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 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