PRINTER'S NO. 3431
No. 2548 Session of 1982
INTRODUCED BY WOGAN, WESTON, GRUPPO, SIEMINSKI, MERRY, MADIGAN,
GLADECK, GANNON, MARMION, SWAIM, DONATUCCI AND WOZNIAK,
JUNE 7, 1982
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for prohibited
3 offensive weapons.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 908 of Title 18, act of November 25, 1970
7 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 908. Prohibited offensive weapons.
10 (a) Offense defined.--A person commits a misdemeanor of the
11 first degree if, except as authorized by law, he makes repairs,
12 sells, or otherwise deals in, uses, or possesses any offensive
13 weapon.
14 (b) [Exception.--] Exceptions.--
15 (1) It is a defense under this section for the defendant
16 to prove by a preponderance of evidence that he possessed or
17 dealt with the weapon solely as a curio or in a dramatic
18 performance, or that he possessed it briefly in consequence
1 of having found it or taken it from an aggressor, or under
2 circumstances similarly negativing any intent or likelihood
3 that the weapon would be used unlawfully.
4 (2) This section shall not apply to forensic firearms
5 experts or forensic firearms laboratories operating in the
6 ordinary course of business and engaged in lawful operation.
7 (c) Definition.--As used in this section "offensive weapon"
8 means any bomb, grenade, machine gun, sawed-off shotgun, firearm
9 specially made or specially adapted for concealment or silent
10 discharge, any blackjack, sandbag, metal knuckles, dagger,
11 knife, razor or cutting instrument, the blade of which is
12 exposed in an automatic way by switch, push-button, spring
13 mechanism, or otherwise, or other implement for the infliction
14 of serious bodily injury which serves no common lawful purpose.
15 Section 2. This act shall take effect in 60 days.
F4L18SG/19820H2548B3431 - 2 -