PRIOR PRINTER'S NOS. 907, 1424 PRINTER'S NO. 1485
No. 805 Session of 1985
INTRODUCED BY MAYERNIK, PETRONE, DeLUCA, SEVENTY, STABACK,
JOHNSON, POTT, GANNON, ANGSTADT, VROON, ARTY, MARKOSEK,
STEVENS, PETRARCA, F. E. TAYLOR, BOOK, OLASZ, KOSINSKI,
CIVERA, FOX, RIEGER, DONATUCCI, RAYMOND, WOGAN, PERZEL,
J. J. TAYLOR, DEAL AND NOYE, MARCH 26, 1985
AS RE-REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 29, 1985
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for prohibited
3 offensive weapons.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 908(b)(1) and (d) of Title 18 of the <--
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 908. Prohibited offensive weapons.
9 * * *
10 (b) Exceptions.-- <--
11 (1) It is a defense under this section for the defendant
12 to prove by a preponderance of evidence that he possessed or
13 dealt with the weapon solely as a curio or in a dramatic
14 performance, [or that, with the exception of a bomb, grenade
15 or incendiary device, he complied with the National Firearms
16 Act (26 U.S.C. § 5801 et seq.),] or that he possessed it
1 briefly in consequence of having found it or taken it from an
2 aggressor, or under circumstances similarly negativing any
3 intent or likelihood that the weapon would be used
4 unlawfully.
5 * * *
6 (d) Exemptions.--The use and possession of blackjacks by the
7 following persons in the course of their duties are exempt from
8 this section:
9 (1) Police officers, as defined by and who meet the
10 requirements of the act of June 18, 1974 (P.L.359, No.120),
11 referred to as the Municipal Police Education and Training
12 Law.
13 (2) Police officers of first class cities who have
14 successfully completed training which is substantially
15 equivalent to the program under the Municipal Police
16 Education and Training Law.
17 (3) Pennsylvania State Police officers.
18 (4) Sheriffs and deputy sheriffs of the various counties
19 who have satisfactorily met the requirements of the Municipal
20 Police Education and Training Law.
21 (5) Police officers employed by the Commonwealth who
22 have satisfactorily met the requirements of the Municipal
23 Police Education and Training Law.
24 (6) Deputy sheriffs with adequate training as determined
25 by the Pennsylvania Commission on Crime and Delinquency.
26 Section 2. This act shall take effect in 60 days.
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