SENATE AMENDED PRIOR PRINTER'S NOS. 202, 464, 1177, PRINTER'S NO. 2105 1395
No. 185 Session of 1993
INTRODUCED BY MELIO, DeLUCA, PESCI, SCHEETZ, BATTISTO, KIRKLAND, DALEY, OLASZ, KING AND DONATUCCI, FEBRUARY 3, 1993
SENATOR FUMO, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 14, 1993
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania <-- 2 Consolidated Statutes, ESTABLISHING AN ADDITIONAL CATEGORY OF <-- 3 CRIMINAL HOMICIDE KNOWN AS HOMICIDE BY ABUSE; further 4 providing for GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND <-- 5 CONSPIRACY AND FOR aggravated assault; defining the offense 6 of concealment of child from law enforcement authorities; 7 providing for the crime of auto piracy; further providing for 8 the determination of antique slot machines, for purchase, 9 consumption, possession or transportation of alcohol by 10 certain persons and for possession of false identification to 11 obtain alcohol; and providing penalties for trafficking drugs 12 to minors; AND AND FOR COMPULSORY SCHOOL ATTENDANCE; FURTHER <-- 13 PROVIDING FOR SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS; <-- 14 AND MAKING A REPEAL. 15 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <-- 16 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR PROHIBITED 17 OFFENSIVE WEAPONS AND FOR LIMITATION ON MUNICIPAL REGULATION 18 OF FIREARMS AND AMMUNITION. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. Section 2702 of Title 18 of the Pennsylvania <-- 22 Consolidated Statutes is amended to read: 23 SECTION 1. SECTIONS 905(A) AND 2502(B) OF TITLE 18 OF THE <-- 24 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
1 § 905. GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND 2 CONSPIRACY. 3 (A) GRADING.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, 4 ATTEMPT, SOLICITATION AND CONSPIRACY ARE CRIMES OF THE SAME 5 GRADE AND DEGREE AS THE MOST SERIOUS OFFENSE WHICH IS ATTEMPTED 6 OR SOLICITED OR IS AN OBJECT OF THE CONSPIRACY. AN ATTEMPT, 7 SOLICITATION OR CONSPIRACY TO COMMIT [MURDER OR] A FELONY OF THE 8 FIRST DEGREE IS A FELONY OF THE SECOND DEGREE. AN ATTEMPT, 9 SOLICITATION OR CONSPIRACY TO COMMIT MURDER OF THE FIRST DEGREE 10 IS A FELONY OF THE FIRST DEGREE. 11 * * * 12 § 2502. MURDER. 13 * * * 14 (B) MURDER OF THE SECOND DEGREE.--A CRIMINAL HOMICIDE 15 CONSTITUTES MURDER OF THE SECOND DEGREE WHEN IT IS COMMITTED 16 WHILE DEFENDANT WAS ENGAGED AS A PRINCIPAL OR AN ACCOMPLICE IN 17 THE PERPETRATION OF A FELONY OR WHEN IT IS DETERMINED TO BE 18 HOMICIDE BY ABUSE UNDER SECTION 2507 (RELATING TO HOMICIDE BY 19 ABUSE). 20 * * * 21 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: 22 § 2507. HOMICIDE BY ABUSE. 23 (A) GENERAL RULE.--A PERSON COMMITS HOMICIDE BY ABUSE WHEN 24 THAT PERSON KILLS A CHILD 17 YEARS OF AGE OR YOUNGER, A 25 DEVELOPMENTALLY DISABLED PERSON OR A DEPENDENT ADULT, AND THE 26 DEATH RESULTS FROM ONE OR MORE INCIDENTS OF ABUSE OR THE DEATH 27 IS THE RESULT OF A DEMONSTRATED PATTERN OF ABUSE. 28 (B) CLASSIFICATION.--HOMICIDE BY ABUSE IS A MURDER OF THE 29 SECOND DEGREE. 30 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM 19930H0185B2105 - 2 -
1 "DEPENDENT ADULT" MEANS A PERSON WHO, BECAUSE OF PHYSICAL OR 2 MENTAL DISABILITY OR BECAUSE OF EXTREME ADVANCED AGE, IS 3 DEPENDENT UPON ANOTHER PERSON TO PROVIDE THE BASIC NECESSITIES 4 OF LIFE. 5 SECTION 3. SECTION 2702 OF TITLE 18 IS AMENDED TO READ: 6 § 2702. Aggravated assault. 7 (a) Offense defined.--A person is guilty of aggravated 8 assault if he: 9 (1) attempts to cause serious bodily injury to another, 10 or causes such injury intentionally, knowingly or recklessly 11 under circumstances manifesting extreme indifference to the 12 value of human life; 13 (2) attempts to cause or intentionally, knowingly or 14 recklessly causes serious bodily injury to [a police officer, 15 firefighter, county adult probation or parole officer, county 16 juvenile probation or parole officer or an agent of the 17 Pennsylvania Board of Probation and Parole in the performance 18 of duty or to] any of the officers, agents, employees or 19 other persons enumerated in subsection (c) or to an employee 20 of an agency, company or other entity engaged in public 21 transportation, while in the performance of duty; 22 (3) attempts to cause or intentionally or knowingly 23 causes bodily injury to [a police officer, firefighter or 24 county adult probation or parole officer, county juvenile 25 probation or parole officer or an agent of the Pennsylvania 26 Board of Probation and Parole] any of the officers, agents, 27 employees or other persons enumerated in subsection (c), in 28 the performance of duty; 29 (4) attempts to cause or intentionally or knowingly 30 causes bodily injury to another with a deadly weapon; [or] 19930H0185B2105 - 3 -
1 (5) attempts to cause or intentionally or knowingly 2 causes bodily injury to a teaching staff member, school board 3 member, other employee or student of any elementary or 4 secondary publicly-funded educational institution, any 5 elementary or secondary private school licensed by the 6 Department of Education or any elementary or secondary 7 parochial school while acting in the scope of his or her 8 employment or because of his or her employment relationship 9 to the school[.]; or OR RELATIONSHIP AS A STUDENT OF THE <-- 10 SCHOOL. 11 (6) attempts by physical menace to put any of the 12 officers, agents, employees or other persons enumerated in 13 subsection (c), while in the performance of duty, in fear of 14 imminent serious bodily injury. 15 (b) Grading.--Aggravated assault under subsection (a)(1) and 16 (2) is a felony of the first degree. Aggravated assault under 17 subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the 18 second degree. 19 (c) Officers, employees, etc. enumerated.--The officers, 20 agents, employees and other persons referred to in subsection 21 (a) shall be as follows: 22 (1) A police officer. 23 (2) A firefighter. 24 (3) A county adult probation or parole officer. 25 (4) A county juvenile probation or parole officer. 26 (5) An agent of the Pennsylvania Board of Probation and 27 Parole. 28 (6) A sheriff. 29 (7) A deputy sheriff. 30 (8) A liquor control enforcement agent. 19930H0185B2105 - 4 -
1 (9) An officer or employee of a correctional 2 institution. 3 (10) A judge of any court in the unified judicial 4 system. 5 (11) The Attorney General. 6 (12) A deputy attorney general. 7 (13) A district attorney. 8 (14) An assistant district attorney. 9 (15) A Federal law enforcement official. 10 (16) A State law enforcement official. 11 (17) A local law enforcement official. 12 (18) Any person employed to assist or who assists any 13 Federal, State or local law enforcement official. 14 (19) An employee of an institution, youth development 15 center, camp or other facility for delinquent children 16 operated under the direction or supervision of the court or 17 other public authority and approved by the Department of 18 Public Welfare. 19 (20) An officer or employee of a county domestic 20 relations office. 21 (21) An emergency medical technician or emergency 22 medical technician-paramedic, as defined in section 3 of the 23 act of July 3, 1985 (P.L.164, No.45), known as the Emergency 24 Medical Services Act. 25 Section 2 4. Title 18 is amended by adding sections to read: 26 § 2911. Concealment of child from law enforcement authorities. 27 A person who knowingly or recklessly conceals a child from a 28 law enforcement officer who is investigating a report of a 29 missing child commits a misdemeanor of the second degree. 30 § 3702. Auto piracy. 19930H0185B2105 - 5 -
1 A person commits a felony of the first degree who, whether 2 armed or unarmed, by force or violence, by threat of force or 3 violence, or by putting a person in fear of death or bodily 4 harm, robs, steals or takes a motor vehicle from another person 5 in the presence of that person or any other person in lawful 6 possession of the motor vehicle. 7 Section 3 5. Sections 5513(c), 6308(b), 6310.3(b) and 8 6314(b), 6314(B) AND 9712(A) AND 6314(B) of Title 18 are amended <-- 9 to read: 10 § 5513. Gambling devices, gambling, etc. 11 * * * 12 (c) Antique slot machines.-- 13 (1) A slot machine shall be established as an antique 14 slot machine if the defendant shows by a preponderance of the 15 evidence that it was manufactured [prior to 1941] more than 16 25 years prior to the current year AT LEAST 25 YEARS PRIOR TO <-- 17 THE DATE OF THE VIOLATION OF SUBSECTION (A) and that it was 18 not used or attempted to be used for any unlawful purposes. 19 Notwithstanding subsection (b), no antique slot machine 20 seized from any defendant shall be destroyed or otherwise 21 altered until the defendant is given an opportunity to 22 establish that the slot machine is an antique slot machine. 23 After a final court determination that the slot machine is an 24 antique slot machine, the slot machine shall be returned 25 pursuant to the provisions of law providing for the return of 26 property; otherwise, the slot machine shall be destroyed. 27 (2) It is the purpose of this subsection to protect the 28 collection and restoration of antique slot machines not 29 presently utilized for gambling purposes. 30 § 6308. Purchase, consumption, possession or transportation of 19930H0185B2105 - 6 -
1 liquor or malt or brewed beverages. 2 * * * 3 (b) [Penalty] Minimum penalty@.--In addition to the penalty 4 imposed pursuant to section 6310.4 (relating to restriction of 5 operating privileges), a person convicted of violating 6 subsection (a) may] shall be sentenced to pay a fine of not more 7 than $500 [for the second and each subsequent violation]. There 8 shall be no authority in any court to impose on an offender any 9 lesser sentence than the minimum sentence mandated by this 10 subsection. No court shall have the authority to suspend any 11 sentence as defined in this section. 12 * * * 13 § 6310.3. Carrying a false identification card. 14 * * * 15 (b) Minimum penalty.--In addition to any other penalty 16 imposed pursuant to section 6310.4 (relating to restriction of 17 operating privileges) or any other statute, a person who is 18 convicted of violating subsection (a) shall be sentenced to pay 19 a fine of not more than $500 [for the second and subsequent 20 violations]. No court shall have the authority to suspend any 21 sentence as defined in this section. 22 * * * 23 § 6314. Sentencing and penalties for trafficking drugs to 24 minors. 25 * * * 26 (b) Additional penalties.--In addition to the mandatory 27 minimum sentence set forth in subsection (a), the person shall 28 be sentenced to an additional minimum sentence of at least two 29 years total confinement, notwithstanding any other provision of 30 this title or other statute to the contrary, if the person did 19930H0185B2105 - 7 -
1 any of the following: 2 (1) Committed the offense with the intent to promote the 3 habitual use of the controlled substance. 4 (2) Intended to engage the minor in the trafficking, 5 transportation, delivery, manufacturing, sale or conveyance. 6 (3) Committed the offense within 1,000 feet of the real 7 property on which is located a public, private or parochial 8 school or a college or university. 9 (4) Committed the offense on a school bus. 10 (5) Committed the offense within 1,000 100 feet of a 11 school bus stop ON THOSE DAYS AND AT THOSE TIMES AS SCHOOL <-- 12 STUDENTS ARE AWAITING TRANSPORTATION OR ARE BEING DISCHARGED 13 AT THESE LOCATIONS. 14 (6) Committed the offense within 1,000 100 feet of the 15 real property of a public playground. 16 * * * 17 SECTION 6. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <-- 18 § 6315. COMPULSORY SCHOOL ATTENDANCE. 19 (A) PENALTY FOR NONCOMPLIANCE.-- 20 (1) A PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION 21 HAVING CONTROL OR CHARGE OF A CHILD OR CHILDREN OF COMPULSORY 22 SCHOOL AGE WHO FAILS TO COMPLY WITH THE PROVISIONS OF THE 23 PUBLIC SCHOOL CODE REGARDING COMPULSORY ATTENDANCE COMMITS A 24 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY, FOR THE 25 BENEFIT OF THE SCHOOL DISTRICT IN WHICH THE OFFENDING PERSON 26 RESIDES, A FINE OF NOT MORE THAN $300 FOR THE FIRST OFFENSE 27 AND NOT MORE THAN $300 FOR EACH SUCCEEDING OFFENSE OR TO 28 COMPLETE A PARENTING EDUCATION PROGRAM OFFERED AND OPERATED 29 BY A LOCAL SCHOOL DISTRICT, MEDICAL INSTITUTION OR OTHER 30 STATE-APPROVED AGENCY, OR BOTH. 19930H0185B2105 - 8 -
1 (2) IN THE DEFAULT OF THE PAYMENT OF A FINE OR 2 COMPLETION OF THE PARENTING PROGRAM UNDER PARAGRAPH (1), THE 3 PERSON SO OFFENDING SHALL BE SENTENCED TO THE COUNTY JAIL FOR 4 A PERIOD OF NOT MORE THAN FIVE DAYS. 5 (B) APPEAL.--A PERSON SENTENCED TO PAY A FINE MAY, IN 6 ACCORDANCE WITH RULE 86 OF THE PENNSYLVANIA RULES OF CRIMINAL 7 PROCEDURE, APPEAL TO THE COURT OF COMMON PLEAS OF THE PROPER 8 COUNTY, UPON ENTERING INTO A RECOGNIZANCE WITH ONE OR MORE 9 PROPER SURETIES IN DOUBLE THE AMOUNT OF PENALTY AND COSTS. 10 (C) NOTICE.--BEFORE ANY PROCEEDINGS ARE INSTITUTED AGAINST A 11 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION FOR FAILURE TO 12 COMPLY WITH THE PROVISIONS OF THE PUBLIC SCHOOL CODE OR THIS 13 SECTION, THE DISTRICT SUPERINTENDENT, ATTENDANCE OFFICER OR 14 SECRETARY OF THE BOARD OF SCHOOL DIRECTORS SHALL GIVE THE 15 OFFENDING PERSON THREE DAYS' WRITTEN NOTICE OF THE VIOLATION. 16 IF, AFTER THE NOTICE HAS BEEN GIVEN, THE PROVISIONS OF THIS 17 SECTION REGARDING COMPULSORY ATTENDANCE ARE AGAIN VIOLATED BY 18 THE PERSONS SO NOTIFIED AT ANY TIME DURING THE TERM OF 19 COMPULSORY ATTENDANCE, THAT PERSON SO AGAIN OFFENDING SHALL BE 20 LIABLE UNDER THIS SECTION WITHOUT FURTHER NOTICE. 21 (D) REASONABLE STEPS TO INSURE ATTENDANCE.--AFTER THE FIRST 22 OFFENSE, FOR A SUCCEEDING OFFENSE, A PARENT, GUARDIAN OR PERSON 23 IN PARENTAL RELATION MUST APPEAR AT A HEARING ESTABLISHED BY THE 24 DISTRICT JUSTICE. IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL 25 RELATION CHARGED WITH A SUMMARY OFFENSE UNDER SUBSECTION (A) 26 SHOWS THAT HE TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF 27 THE CHILD AT SCHOOL, HE SHALL NOT BE CONVICTED OF THE SUMMARY 28 OFFENSE. 29 (E) HABITUAL TRUANCY.-- 30 (1) IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL 19930H0185B2105 - 9 -
1 RELATION IS NOT CONVICTED OF A SUMMARY OFFENSE BECAUSE HE 2 TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF THE CHILD 3 AT SCHOOL, THE CHILD OF COMPULSORY SCHOOL AGE WHO FAILS TO 4 COMPLY WITH THE PUBLIC SCHOOL CODE AND THIS SECTION REGARDING 5 COMPULSORY ATTENDANCE OR WHO IS HABITUALLY TRUANT FROM SCHOOL 6 WITHOUT JUSTIFICATION COMMITS A SUMMARY OFFENSE AND SHALL BE 7 SENTENCED TO PAY, FOR THE BENEFIT OF THE SCHOOL DISTRICT IN 8 WHICH THE OFFENDING CHILD RESIDES, A FINE OF NOT MORE THAN 9 $300 FOR EACH OFFENSE OR SHALL BE ASSIGNED TO AN ADJUDICATION 10 ALTERNATIVE PROGRAM UNDER 42 PA.C.S. § 1520 (RELATING TO 11 ADJUDICATION ALTERNATIVE PROGRAM) WHICH HAS BEEN APPROVED BY 12 THE DISTRICT ATTORNEY AND THE PRESIDENT JUDGE PURSUANT TO THE 13 RULES OF CRIMINAL PROCEDURE REGARDING ACCELERATED 14 REHABILITATIVE DISPOSITION. THE CHILD SHALL APPEAR AT THE 15 HEARING ESTABLISHED BY THE DISTRICT JUSTICE, ACCOMPANIED BY 16 HIS PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION. 17 (2) IF THE CHILD FAILS TO PAY THE FINE UNDER PARAGRAPH 18 (1) OR TO COMPLY WITH THE ADJUDICATION ALTERNATIVE PROGRAM, 19 THE DISTRICT JUSTICE MAY PROCEED ACCORDING TO SECTION 1338 OF 20 THE PUBLIC SCHOOL CODE. 21 (F) AUTHORITY OF DISTRICT JUSTICE.--WHERE AUTHORIZED BY THE 22 COURT OF COMMON PLEAS, THE DISTRICT JUSTICE SHALL HAVE AUTHORITY 23 TO COMPEL SERVICE BY SHERIFF, CONSTABLE OR POLICE AND SECURE 24 ATTENDANCE DURING THE WEEK, DAY AND TIMES THAT THE COURT IS IN 25 SESSION. 26 (G) COURT OF COMMON PLEAS.--THE COURT OF COMMON PLEAS MAY 27 ELECT TO HEAR DIRECTLY CASES BROUGHT UNDER THIS SECTION. 28 (H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 30 SUBSECTION: 19930H0185B2105 - 10 -
1 "HABITUALLY TRUANT." ABSENT FOR MORE THAN THREE SCHOOL DAYS 2 OR THEIR EQUIVALENT FOLLOWING THE FIRST NOTICE OF TRUANCY GIVEN 3 UNDER SECTION 1354 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), 4 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. A PERSON MAY BE 5 HABITUALLY TRUANT AFTER THAT NOTICE. 6 "OFFENSE." EACH CITATION WHICH GOES BEFORE A DISTRICT 7 JUSTICE OR COURT OF COMMON PLEAS. 8 "PUBLIC SCHOOL CODE." THE ACT OF MARCH 10, 1949 (P.L.30, 9 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. 10 SECTION 7. SECTION 9712(A) OF TITLE 18 IS AMENDED TO READ: 11 § 9712. SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS. <-- 12 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY 13 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE, 14 VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL 15 INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I), 16 (II) OR (III) (RELATING TO ROBBERY), AGGRAVATED ASSAULT AS 17 DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED 18 ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF ATTEMPT TO COMMIT 19 ANY OF THESE CRIMES, INCLUDING AN ATTEMPT TO COMMIT MURDER OF 20 THE FIRST DEGREE, SHALL, IF THE PERSON VISIBLY POSSESSED A 21 FIREARM DURING THE COMMISSION OF THE OFFENSE, BE SENTENCED TO A 22 MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF TOTAL CONFINEMENT 23 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER 24 STATUTE TO THE CONTRARY. 25 * * * 26 SECTION 8. SECTION 1333 OF THE ACT OF MARCH 10, 1949 <-- 27 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS 28 REPEALED. 29 Section 4 6 9. The amendment of 18 Pa.C.S. §§ 6308(b) and 30 6310.3(b) shall apply to sentences imposed on or after the 19930H0185B2105 - 11 -
1 effective date of this act. 2 Section 5 7 10. This act shall take effect in 60 days. 3 SECTION 1. SECTIONS 908 AND 6120 OF TITLE 18 OF THE <-- 4 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 5 § 908. PROHIBITED OFFENSIVE WEAPONS. 6 (A) OFFENSE DEFINED.--A PERSON COMMITS A MISDEMEANOR OF THE 7 FIRST DEGREE IF, EXCEPT AS AUTHORIZED BY LAW, HE MAKES REPAIRS, 8 SELLS, OR OTHERWISE DEALS IN, USES, OR POSSESSES ANY OFFENSIVE 9 WEAPON. 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 17 BRIEFLY IN CONSEQUENCE OF HAVING FOUND IT OR TAKEN IT FROM AN 18 AGGRESSOR, OR UNDER CIRCUMSTANCES SIMILARLY NEGATIVING ANY 19 INTENT OR LIKELIHOOD THAT THE WEAPON WOULD BE USED 20 UNLAWFULLY. 21 (2) THIS SECTION DOES NOT APPLY TO POLICE FORENSIC 22 FIREARMS EXPERTS OR POLICE FORENSIC FIREARMS LABORATORIES. 23 ALSO EXEMPT FROM THIS SECTION ARE FORENSIC FIREARMS EXPERTS 24 OR FORENSIC FIREARMS LABORATORIES OPERATING IN THE ORDINARY 25 COURSE OF BUSINESS AND ENGAGED IN LAWFUL OPERATION WHO NOTIFY 26 IN WRITING, ON AN ANNUAL BASIS, THE CHIEF OR HEAD OF ANY 27 POLICE FORCE OR POLICE DEPARTMENT OF A CITY, AND, ELSEWHERE, 28 THE SHERIFF OF A COUNTY IN WHICH THEY ARE LOCATED, OF THE 29 POSSESSION, TYPE AND USE OF OFFENSIVE WEAPONS. 30 (3) THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO 19930H0185B2105 - 12 -
1 MAKES, REPAIRS, SELLS OR OTHERWISE DEALS IN, USES OR 2 POSSESSES ANY FIREARM FOR PURPOSES NOT PROHIBITED BY THE LAWS 3 OF THIS COMMONWEALTH. 4 (C) DEFINITION.--[AS USED IN THIS SECTION "OFFENSIVE WEAPON" 5 MEANS ANY] AS USED IN THIS SECTION, THE FOLLOWING WORDS AND 6 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 7 SUBSECTION: 8 "FIREARM." ANY WEAPON WHICH IS DESIGNED TO OR MAY READILY BE 9 CONVERTED TO EXPEL ANY PROJECTILE BY THE ACTION OF AN EXPLOSIVE; 10 OR THE FRAME OR RECEIVER OF ANY SUCH WEAPON. 11 "OFFENSIVE WEAPONS." ANY BOMB, GRENADE, MACHINE GUN, SAWED- 12 OFF SHOTGUN WITH A BARREL LESS THAN 18 INCHES, FIREARM SPECIALLY 13 MADE OR SPECIALLY ADAPTED FOR CONCEALMENT OR SILENT DISCHARGE, 14 ANY BLACKJACK, SANDBAG, METAL KNUCKLES, DAGGER, KNIFE, RAZOR OR 15 CUTTING INSTRUMENT, THE BLADE OF WHICH IS EXPOSED IN AN 16 AUTOMATIC WAY BY SWITCH, PUSH-BUTTON, SPRING MECHANISM, OR 17 OTHERWISE, OR OTHER IMPLEMENT FOR THE INFLICTION OF SERIOUS 18 BODILY INJURY WHICH SERVES NO COMMON LAWFUL PURPOSE. 19 (D) EXEMPTIONS.--THE USE AND POSSESSION OF BLACKJACKS BY THE 20 FOLLOWING PERSONS IN THE COURSE OF THEIR DUTIES ARE EXEMPT FROM 21 THIS SECTION: 22 (1) POLICE OFFICERS, AS DEFINED BY AND WHO MEET THE 23 REQUIREMENTS OF THE ACT OF JUNE 18, 1974 (P.L.359, NO.120), 24 REFERRED TO AS THE MUNICIPAL POLICE EDUCATION AND TRAINING 25 LAW. 26 (2) POLICE OFFICERS OF FIRST CLASS CITIES WHO HAVE 27 SUCCESSFULLY COMPLETED TRAINING WHICH IS SUBSTANTIALLY 28 EQUIVALENT TO THE PROGRAM UNDER THE MUNICIPAL POLICE 29 EDUCATION AND TRAINING LAW. 30 (3) PENNSYLVANIA STATE POLICE OFFICERS. 19930H0185B2105 - 13 -
1 (4) SHERIFFS AND DEPUTY SHERIFFS OF THE VARIOUS COUNTIES 2 WHO HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL 3 POLICE EDUCATION AND TRAINING LAW. 4 (5) POLICE OFFICERS EMPLOYED BY THE COMMONWEALTH WHO 5 HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL 6 POLICE EDUCATION AND TRAINING LAW. 7 (6) DEPUTY SHERIFFS WITH ADEQUATE TRAINING AS DETERMINED 8 BY THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY. 9 (7) LIQUOR CONTROL BOARD AGENTS WHO HAVE SATISFACTORILY 10 MET THE REQUIREMENTS OF THE MUNICIPAL POLICE EDUCATION AND 11 TRAINING LAW. 12 § 6120. LIMITATION ON MUNICIPAL REGULATION OF FIREARMS AND 13 AMMUNITION. 14 (A) GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY 15 IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION, 16 TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION 17 COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT 18 PROHIBITED BY THE LAWS OF THIS COMMONWEALTH. 19 (B) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM 20 "FIREARMS" HAS THE MEANING GIVEN IN SECTION 5515 (RELATING TO 21 PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE "AIR 22 RIFLES" AS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF 23 AIR RIFLES). 24 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. L18L18WMB/19930H0185B2105 - 14 -