PRINTER'S NO. 224
No. 206 Session of 1987
INTRODUCED BY HUTCHINSON, FEBRUARY 4, 1987
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, making a stun gun a prohibited
3 offensive weapon but allowing certain police officers to use
4 stun guns.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 908 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 908. Prohibited offensive weapons.
10 (a) Offense defined.--A person commits a misdemeanor of the
11 first degree if, except as authorized by law, he makes repairs,
12 sells, or otherwise deals in, uses, or possesses any offensive
13 weapon.
14 (b) Exceptions.--
15 (1) It is a defense under this section for the defendant
16 to prove by a preponderance of evidence that he possessed or
17 dealt with the weapon solely as a curio or in a dramatic
18 performance, or that, with the exception of a bomb, grenade
1 or incendiary device, he complied with the National Firearms
2 Act (26 U.S.C. § 5801 et seq.), or that he possessed it
3 briefly in consequence of having found it or taken it from an
4 aggressor, or under circumstances similarly negativing any
5 intent or likelihood that the weapon would be used
6 unlawfully.
7 (2) This section does not apply to police forensic
8 firearms experts or police forensic firearms laboratories.
9 Also exempt from this section are forensic firearms experts
10 or forensic firearms laboratories operating in the ordinary
11 course of business and engaged in lawful operation who notify
12 in writing, on an annual basis, the chief or head of any
13 police force or police department of a city, and, elsewhere,
14 the sheriff of a county in which they are located, of the
15 possession, type and use of offensive weapons.
16 (c) Definition.--As used in this section "offensive weapon"
17 means any bomb, grenade, machine gun, sawed-off shotgun, stun
18 gun, firearm specially made or specially adapted for concealment
19 or silent discharge, any blackjack, sandbag, metal knuckles,
20 dagger, knife, razor or cutting instrument, the blade of which
21 is exposed in an automatic way by switch, push-button, spring
22 mechanism, or otherwise, or other implement for the infliction
23 of serious bodily injury which serves no common lawful purpose.
24 (d) Exemptions.--The use and possession of blackjacks by the
25 following persons in the course of their duties are exempt from
26 this section:
27 (1) Police officers, as defined by and who meet the
28 requirements of the act of June 18, 1974 (P.L.359, No.120),
29 referred to as the Municipal Police Education and Training
30 Law.
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1 (2) Police officers of first class cities who have
2 successfully completed training which is substantially
3 equivalent to the program under the Municipal Police
4 Education and Training Law.
5 (3) Pennsylvania State Police officers.
6 (4) Sheriffs and deputy sheriffs of the various counties
7 who have satisfactorily met the requirements of the Municipal
8 Police Education and Training Law.
9 (5) Police officers employed by the Commonwealth who
10 have satisfactorily met the requirements of the Municipal
11 Police Education and Training Law.
12 (6) Deputy sheriffs with adequate training as determined
13 by the Pennsylvania Commission on Crime and Delinquency.
14 (7) Liquor Control Board agents who have satisfactorily
15 met the requirements of the Municipal Police Education and
16 Training Law.
17 Section 2. Title 18 is amended by adding a section to read:
18 § 908.1. Use of stun guns.
19 (a) General rule.--Stun guns may be used by police officers
20 who have received training in the use of a stun gun in
21 accordance with the act of June 18, 1974 (P.L.359, No.120),
22 referred to as the Municipal Police Education and Training Law.
23 (b) Definition.--As used in this section the term "stun gun"
24 means a hand held device capable of pumping electric charges
25 into individuals. The purpose of this weapon is to momentarily
26 stun, knockout or paralyze an individual by passing an
27 electrical shock to the individual. One common model is known as
28 the Nova XR-5000.
29 Section 3. This act shall take effect immediately.
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