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PRINTER'S NO. 2842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1985
Session of
2017
INTRODUCED BY KINSEY, DONATUCCI, YOUNGBLOOD, WARREN, McCLINTON,
VAZQUEZ, SCHWEYER, McCARTER, DALEY AND THOMAS,
DECEMBER 21, 2017
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 21, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for prohibited conduct during public
demonstrations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6107.1. Prohibited conduct during public demonstrations.
(a) General rule.--Notwithstanding any other provision of
this chapter or any other law or regulation to the contrary, no
person, other than a person enumerated in section 6106(b)(1),
(2), (3) and (13) (relating to firearms not to be carried
without a license), may:
(1) have in the person's possession, or immediate access
to, including in any vehicle, a firearm or other dangerous
article while participating in or attending a public
demonstration held at a public place in this Commonwealth; or
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(2) have in the person's possession or have in any
vehicle at a point within 1,000 feet of a demonstration at a
public place in this Commonwealth any firearm or other
dangerous article after having been:
(i) advised by a law enforcement officer that a
demonstration is taking place at the public place; and
(ii) ordered by the law enforcement officer to
vacate the public place until the person is no longer in
possession of any firearm or dangerous article.
(b) Exception.--This section shall not apply to a person in
possession of any firearm or other dangerous article in a
private dwelling or place of business.
(c) Penalty.--A person who violates this section commits a
felony of the third degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Dangerous article." The term shall include any offensive
weapon, as defined under section 908 (relating to prohibited
offensive weapons), and a hatchet, ax, slingshot, nightstick,
mace, pepper spray, iron buckle, baseball bat, ax handle,
chains, crowbar, hammer or other club or bludgeon or any other
weapon or instrument customarily used or intended for probable
use as an offensive weapon.
"Firearm." As defined under section 908, whether the firearm
is loaded or unloaded. The term shall include an air rifle or
air pistol.
"Law enforcement officer." A duly appointed and acting
Federal, State or local peace officer who, by virtue of the
officer's office or public employment, is vested by law with the
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duty to maintain public order or to make arrests for offenses or
any person on active State duty under 51 Pa.C.S. § 508 (relating
to active duty for emergency).
"Public demonstration." The assembly of two or more persons
for the purpose of picketing, speechmaking, marching, holding
vigils or other form of conduct or civil discourse that has the
effect, intent or propensity to attract other individuals or
onlookers, regardless of whether a political subdivision has
issued a permit authorizing the demonstration.
Section 2. This act shall take effect immediately.
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