PRINTER'S NO. 770
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
740
Session of
2019
INTRODUCED BY KIRKLAND, SCHLOSSBERG, ISAACSON, KINSEY, DALEY,
BULLOCK AND FITZGERALD, MARCH 6, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for the offense
of sale of realistic toy firearm.
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:
ยง 6304.1. Sale of realistic toy firearm.
(a) Offense defined.--It shall be unlawful for a dealer to
sell, lend, rent, give or otherwise transfer a realistic toy
firearm to an individual under 18 years of age if the dealer
knows, has cause to believe or has failed to make reasonable
inquiry relative to the age of the person, except if the
individual is accompanied by an adult at the time of purchase.
(b) Exceptions.--
(1) Nothing under this section shall prohibit the sale
of a realistic toy firearm:
(i) By a wholesale dealer or jobber.
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(ii) To be shipped out of this Commonwealth.
(iii) In a retail establishment within this
Commonwealth.
(2) Nothing under this section shall prohibit the
gifting of a realistic toy firearm to a person under 18 years
of age.
(c) No preemption.--The provisions of any ordinance enacted
by a political subdivision which impose greater restrictions or
limitations in respect to the sale, purchase, use or possession
of a realistic toy firearm than is imposed under this section
shall not be invalidated or affected by this section.
(d) Grading.--A dealer violating subsection (a) commits a
misdemeanor of the third degree.
(e) 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:
"Dealer." A person engaged in the business of selling at
retail realistic toy firearms.
"Realistic toy firearm." A device that mimics a real firearm
through color, sound, shape or any other similarly identifying
design element.
Section 2. This act shall take effect in 60 days.
20190HB0740PN0770 - 2 -
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