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PRINTER'S NO. 1317
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1013
Session of
2022
INTRODUCED BY STREET, FONTANA AND COLLETT, JANUARY 11, 2022
REFERRED TO JUDICIARY, JANUARY 11, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in inchoate crimes, further
providing for prohibited offensive weapons and for possession
of firearm or other dangerous weapon in court facility; and,
in firearms and other dangerous articles, providing for
limitation on regulation of knives.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this part, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Knife." A cutting instrument with a sharpened or pointed
blade, including, but not limited to, a dagger or razor.
* * *
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Section 2. Sections 908(c) and 913(f) of Title 18 are
amended to read:
§ 908. Prohibited offensive weapons.
* * *
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." Any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
"Offensive weapons." Any bomb, grenade, machine gun, sawed-
off shotgun with a barrel less than 18 inches, firearm specially
made or specially adapted for concealment or silent discharge,
any blackjack, sandbag, metal knuckles, [dagger, knife, razor or
cutting instrument, the blade of which is exposed in an
automatic way by switch, push-button, spring mechanism, or
otherwise,] any stun gun, stun baton, taser or other electronic
or electric weapon or other implement for the infliction of
serious bodily injury which serves no common lawful purpose.
* * *
§ 913. Possession of firearm or other dangerous weapon in court
facility.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Court facility." The courtroom of a court of record; a
courtroom of a community court; the courtroom of a magisterial
district judge; a courtroom of the Philadelphia Municipal Court;
a courtroom of the Pittsburgh Magistrates Court; a courtroom of
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the Traffic Court of Philadelphia; judge's chambers; witness
rooms; jury deliberation rooms; attorney conference rooms;
prisoner holding cells; offices of court clerks, the district
attorney, the sheriff and probation and parole officers; and any
adjoining corridors.
"Dangerous weapon." A bomb, any explosive or incendiary
device or material when possessed with intent to use or to
provide such material to commit any offense, graded as a
misdemeanor of the third degree or higher, grenade, blackjack,
sandbag, metal knuckles, [dagger, knife (the blade of which is
exposed in an automatic way by switch, push-button, spring
mechanism or otherwise) or] other implement for the infliction
of serious bodily injury which serves no common lawful purpose
or knife.
"Firearm." Any weapon, including a starter gun, which will
or 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 any device designed or used exclusively
for the firing of stud cartridges, explosive rivets or similar
industrial ammunition.
Section 3. Chapter 61 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER E
LIMITATION ON REGULATION OF KNIVES
Sec.
6190. Preemption on regulation of knives and knife-making
components.
§ 6190. Preemption on regulation of knives and knife-making
components.
This section shall preempt and supersede any ordinance
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regulating the lawful ownership, transfer or sale, distribution,
transportation, receipt or possession of any knife and knife-
making components when possessed, carried or transported for
purposes not prohibited by the laws of this Commonwealth or
otherwise enacted by a political subdivision, and any knife or
knife-making components are not subject to further regulation by
a political subdivision.
Section 4. This act shall take effect in 60 days.
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