PRINTER'S NO. 208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
239
Session of
2021
INTRODUCED BY HUGHES, SANTARSIERO, KEARNEY, TARTAGLIONE, STREET,
COSTA AND COMITTA, FEBRUARY 16, 2021
REFERRED TO 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
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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.--The following apply:
(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.
(c) Exceptions.--Subsection (a) shall not apply to:
(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 their
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 may be
construed to restrict the rights of the owner 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:
"Dangerous weapon." Any of the following when possessed with
intent to use or to provide the material to commit an offense
graded as a misdemeanor of the third degree or higher:
(1) A bomb.
(2) An explosive or incendiary device.
(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 is
designed to expel a projectile or projectiles 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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