Regular Session 2021-2022 House Bill 0528 P.N. 0491

PRINTER'S NO. 491

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

528

Session of

2021

INTRODUCED BY BULLOCK, SANCHEZ, FREEMAN, SCHLOSSBERG, KINSEY,

GUENST, HOHENSTEIN, ISAACSON, KIRKLAND, DRISCOLL, WARREN,

SIMS AND FRANKEL, FEBRUARY 16, 2021

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 16, 2021

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in inchoate crimes, providing for the

offense of possession of firearm or other dangerous weapon in

public recreation area.

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:

§ 914. Possession of firearm or other dangerous weapon in

public recreation area.

(a) Offense defined. --A person commits an offense if the

person:

(1) knowingly possesses a firearm or other dangerous

weapon in a public recreation area or knowingly causes a

firearm or other dangerous weapon to be present in a public

recreation area; or

(2) knowingly possesses a firearm or other dangerous

weapon in a public recreation area with the intent that the

firearm or other dangerous weapon be used in the commission

of a crime or knowingly causes a firearm or other dangerous

weapon to be present in a public recreation area with the

intent that the firearm or other dangerous weapon be used in

the commission of a crime.

(b) Grading .--

(1) An offense under subsection (a)(1) is a misdemeanor

of the third degree.

(2) An offense under subsection (a)(2) is a misdemeanor

of the first degree.

(1) The lawful performance of official duties by an

officer, agent or employee of the United States, the

Commonwealth or a political subdivision who is authorized by

law to engage in or supervise the prevention, detection,

investigation or prosecution of a violation of law.

(2) The carrying of rifles and shotguns by instructors

and participants in a course of instruction provided by the

Pennsylvania Game Commission under 34 Pa.C.S. § 2704

(relating to eligibility for license).

(3) Associations of veteran soldiers and auxiliaries or

members of the armed forces of the United States or the

Commonwealth, including reserve components, when engaged in

the performance of ceremonial duties with county approval.

(d) Private recreation area. --Nothing in this section shall

be construed to restrict the rights of the owners of a private

recreation area to implement policies relating to dangerous

weapons on a private recreation area.

(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

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subsection unless the context clearly indicates otherwise:

"Dangerous weapon." Any of the following when possessed with

intent to use or to provide to another to commit an offense

graded as a misdemeanor of the third degree or higher:

(1) A bomb.

(2) An explosive or incendiary device or material.

(3) A grenade.

(4) A blackjack.

(5) Metal knuckles.

(6) A dagger.

(7) A knife, the blade of which is exposed in an

automatic way by switch, push-button, spring mechanism or

otherwise.

(8) Any other implement for the infliction of serious

bodily injury which serves no common lawful purpose.

"Firearm ." A weapon, including a starter gun, which will or

is designed to expel a projectile by the action of an explosion,

expansion of gas or escape of gas. The term does not include a

device designed or used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial ammunition.

"Private recreation area." A park, recreation center or pool

owned or operated by a private entity.

"Public recreation area." A public park, recreation center

or a pool owned or operated by a political subdivision.

Section 2. This act shall take effect in 60 days.

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