PRIOR PRINTER'S NO. 1038 PRINTER'S NO. 1605
No. 882 Session of 1983
INTRODUCED BY CORMAN, KUSSE, SHAFFER, O'CONNELL AND STAPLETON,
JUNE 27, 1983
AS AMENDED ON SECOND CONSIDERATION, DECEMBER 13, 1983
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 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 908. Prohibited offensive weapons.
9 (a) Offense defined.--A person commits a misdemeanor of the
10 first degree if, except as authorized by law, he makes repairs,
11 sells, or otherwise deals in, uses, or possesses any offensive
12 weapon.
13 (b) Exception.--It is a defense under this section for the
14 defendant to prove by a preponderance of evidence that he
15 possessed or dealt with the weapon solely as a curio or in a
16 dramatic performance, or that, WITH THE EXCEPTION OF A BOMB, <--
17 GRENADE OR INCENDIARY DEVICE, he complied with the National
18 Firearms 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 unlawfully.
4 (c) Definition.--As used in this section "offensive weapon"
5 means any bomb, grenade, machine gun, sawed-off shotgun, firearm
6 specially made or specially adapted for concealment or silent
7 discharge, any blackjack, sandbag, metal knuckles, dagger,
8 knife, razor or cutting instrument, the blade of which is
9 exposed in an automatic way by switch, push-button, spring
10 mechanism, or otherwise, or other implement for the infliction
11 of serious bodily injury which serves no common lawful purpose.
12 Section 2. This act shall take effect immediately.
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