PRINTER'S NO. 736
No. 659 Session of 1983
INTRODUCED BY NAHILL, SAURMAN, CIMINI, WASS, MANMILLER, WOGAN,
SIRIANNI, GODSHALL, MAYERNIK, BUNT, DAVIES, VROON, DeLUCA,
CESSAR, NOYE, BURD, McVERRY, MERRY, CIVERA, JOHNSON AND
PERZEL, APRIL 6, 1983
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 6, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, permitting the use and possession of
3 blackjacks by peace officers.
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 he possessed it briefly in
17 consequence of having found it or taken it from an aggressor, or
1 under circumstances similarly negativing any intent or
2 likelihood that the weapon would be used unlawfully.
3 (c) Exemption.--The use and possession of blackjacks by
4 peace officers, as defined in section 501 (relating to
5 definitions), in the course of their duties are exempt from this
6 section.
7 [(c)] (d) Definition.--As used in this section "offensive
8 weapon" means any bomb, grenade, machine gun, sawed-off shotgun,
9 firearm specially made or specially adapted for concealment or
10 silent discharge, any blackjack, sandbag, metal knuckles,
11 dagger, knife, razor or cutting instrument, the blade of which
12 is exposed in an automatic way by switch, push-button, spring
13 mechanism, or otherwise, or other implement for the infliction
14 of serious bodily injury which serves no common lawful purpose.
15 Section 2. This act shall take effect immediately.
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