SENATE AMENDED
PRIOR PRINTER'S NOS. 202, 464, 1177, PRINTER'S NO. 2105
1395
No. 185 Session of 1993
INTRODUCED BY MELIO, DeLUCA, PESCI, SCHEETZ, BATTISTO, KIRKLAND,
DALEY, OLASZ, KING AND DONATUCCI, FEBRUARY 3, 1993
SENATOR FUMO, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED,
JUNE 14, 1993
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania <--
2 Consolidated Statutes, ESTABLISHING AN ADDITIONAL CATEGORY OF <--
3 CRIMINAL HOMICIDE KNOWN AS HOMICIDE BY ABUSE; further
4 providing for GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND <--
5 CONSPIRACY AND FOR aggravated assault; defining the offense
6 of concealment of child from law enforcement authorities;
7 providing for the crime of auto piracy; further providing for
8 the determination of antique slot machines, for purchase,
9 consumption, possession or transportation of alcohol by
10 certain persons and for possession of false identification to
11 obtain alcohol; and providing penalties for trafficking drugs
12 to minors; AND AND FOR COMPULSORY SCHOOL ATTENDANCE; FURTHER <--
13 PROVIDING FOR SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS; <--
14 AND MAKING A REPEAL.
15 AMENDING TITLE 18 (CRIMES AND OFFENSES) OF THE PENNSYLVANIA <--
16 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR PROHIBITED
17 OFFENSIVE WEAPONS AND FOR LIMITATION ON MUNICIPAL REGULATION
18 OF FIREARMS AND AMMUNITION.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 2702 of Title 18 of the Pennsylvania <--
22 Consolidated Statutes is amended to read:
23 SECTION 1. SECTIONS 905(A) AND 2502(B) OF TITLE 18 OF THE <--
24 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
1 § 905. GRADING OF CRIMINAL ATTEMPT, SOLICITATION AND
2 CONSPIRACY.
3 (A) GRADING.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
4 ATTEMPT, SOLICITATION AND CONSPIRACY ARE CRIMES OF THE SAME
5 GRADE AND DEGREE AS THE MOST SERIOUS OFFENSE WHICH IS ATTEMPTED
6 OR SOLICITED OR IS AN OBJECT OF THE CONSPIRACY. AN ATTEMPT,
7 SOLICITATION OR CONSPIRACY TO COMMIT [MURDER OR] A FELONY OF THE
8 FIRST DEGREE IS A FELONY OF THE SECOND DEGREE. AN ATTEMPT,
9 SOLICITATION OR CONSPIRACY TO COMMIT MURDER OF THE FIRST DEGREE
10 IS A FELONY OF THE FIRST DEGREE.
11 * * *
12 § 2502. MURDER.
13 * * *
14 (B) MURDER OF THE SECOND DEGREE.--A CRIMINAL HOMICIDE
15 CONSTITUTES MURDER OF THE SECOND DEGREE WHEN IT IS COMMITTED
16 WHILE DEFENDANT WAS ENGAGED AS A PRINCIPAL OR AN ACCOMPLICE IN
17 THE PERPETRATION OF A FELONY OR WHEN IT IS DETERMINED TO BE
18 HOMICIDE BY ABUSE UNDER SECTION 2507 (RELATING TO HOMICIDE BY
19 ABUSE).
20 * * *
21 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
22 § 2507. HOMICIDE BY ABUSE.
23 (A) GENERAL RULE.--A PERSON COMMITS HOMICIDE BY ABUSE WHEN
24 THAT PERSON KILLS A CHILD 17 YEARS OF AGE OR YOUNGER, A
25 DEVELOPMENTALLY DISABLED PERSON OR A DEPENDENT ADULT, AND THE
26 DEATH RESULTS FROM ONE OR MORE INCIDENTS OF ABUSE OR THE DEATH
27 IS THE RESULT OF A DEMONSTRATED PATTERN OF ABUSE.
28 (B) CLASSIFICATION.--HOMICIDE BY ABUSE IS A MURDER OF THE
29 SECOND DEGREE.
30 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
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1 "DEPENDENT ADULT" MEANS A PERSON WHO, BECAUSE OF PHYSICAL OR
2 MENTAL DISABILITY OR BECAUSE OF EXTREME ADVANCED AGE, IS
3 DEPENDENT UPON ANOTHER PERSON TO PROVIDE THE BASIC NECESSITIES
4 OF LIFE.
5 SECTION 3. SECTION 2702 OF TITLE 18 IS AMENDED TO READ:
6 § 2702. Aggravated assault.
7 (a) Offense defined.--A person is guilty of aggravated
8 assault if he:
9 (1) attempts to cause serious bodily injury to another,
10 or causes such injury intentionally, knowingly or recklessly
11 under circumstances manifesting extreme indifference to the
12 value of human life;
13 (2) attempts to cause or intentionally, knowingly or
14 recklessly causes serious bodily injury to [a police officer,
15 firefighter, county adult probation or parole officer, county
16 juvenile probation or parole officer or an agent of the
17 Pennsylvania Board of Probation and Parole in the performance
18 of duty or to] any of the officers, agents, employees or
19 other persons enumerated in subsection (c) or to an employee
20 of an agency, company or other entity engaged in public
21 transportation, while in the performance of duty;
22 (3) attempts to cause or intentionally or knowingly
23 causes bodily injury to [a police officer, firefighter or
24 county adult probation or parole officer, county juvenile
25 probation or parole officer or an agent of the Pennsylvania
26 Board of Probation and Parole] any of the officers, agents,
27 employees or other persons enumerated in subsection (c), in
28 the performance of duty;
29 (4) attempts to cause or intentionally or knowingly
30 causes bodily injury to another with a deadly weapon; [or]
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1 (5) attempts to cause or intentionally or knowingly
2 causes bodily injury to a teaching staff member, school board
3 member, other employee or student of any elementary or
4 secondary publicly-funded educational institution, any
5 elementary or secondary private school licensed by the
6 Department of Education or any elementary or secondary
7 parochial school while acting in the scope of his or her
8 employment or because of his or her employment relationship
9 to the school[.]; or OR RELATIONSHIP AS A STUDENT OF THE <--
10 SCHOOL.
11 (6) attempts by physical menace to put any of the
12 officers, agents, employees or other persons enumerated in
13 subsection (c), while in the performance of duty, in fear of
14 imminent serious bodily injury.
15 (b) Grading.--Aggravated assault under subsection (a)(1) and
16 (2) is a felony of the first degree. Aggravated assault under
17 subsection (a)(3), (4) [and (5)], (5) and (6) is a felony of the
18 second degree.
19 (c) Officers, employees, etc. enumerated.--The officers,
20 agents, employees and other persons referred to in subsection
21 (a) shall be as follows:
22 (1) A police officer.
23 (2) A firefighter.
24 (3) A county adult probation or parole officer.
25 (4) A county juvenile probation or parole officer.
26 (5) An agent of the Pennsylvania Board of Probation and
27 Parole.
28 (6) A sheriff.
29 (7) A deputy sheriff.
30 (8) A liquor control enforcement agent.
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1 (9) An officer or employee of a correctional
2 institution.
3 (10) A judge of any court in the unified judicial
4 system.
5 (11) The Attorney General.
6 (12) A deputy attorney general.
7 (13) A district attorney.
8 (14) An assistant district attorney.
9 (15) A Federal law enforcement official.
10 (16) A State law enforcement official.
11 (17) A local law enforcement official.
12 (18) Any person employed to assist or who assists any
13 Federal, State or local law enforcement official.
14 (19) An employee of an institution, youth development
15 center, camp or other facility for delinquent children
16 operated under the direction or supervision of the court or
17 other public authority and approved by the Department of
18 Public Welfare.
19 (20) An officer or employee of a county domestic
20 relations office.
21 (21) An emergency medical technician or emergency
22 medical technician-paramedic, as defined in section 3 of the
23 act of July 3, 1985 (P.L.164, No.45), known as the Emergency
24 Medical Services Act.
25 Section 2 4. Title 18 is amended by adding sections to read:
26 § 2911. Concealment of child from law enforcement authorities.
27 A person who knowingly or recklessly conceals a child from a
28 law enforcement officer who is investigating a report of a
29 missing child commits a misdemeanor of the second degree.
30 § 3702. Auto piracy.
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1 A person commits a felony of the first degree who, whether
2 armed or unarmed, by force or violence, by threat of force or
3 violence, or by putting a person in fear of death or bodily
4 harm, robs, steals or takes a motor vehicle from another person
5 in the presence of that person or any other person in lawful
6 possession of the motor vehicle.
7 Section 3 5. Sections 5513(c), 6308(b), 6310.3(b) and
8 6314(b), 6314(B) AND 9712(A) AND 6314(B) of Title 18 are amended <--
9 to read:
10 § 5513. Gambling devices, gambling, etc.
11 * * *
12 (c) Antique slot machines.--
13 (1) A slot machine shall be established as an antique
14 slot machine if the defendant shows by a preponderance of the
15 evidence that it was manufactured [prior to 1941] more than
16 25 years prior to the current year AT LEAST 25 YEARS PRIOR TO <--
17 THE DATE OF THE VIOLATION OF SUBSECTION (A) and that it was
18 not used or attempted to be used for any unlawful purposes.
19 Notwithstanding subsection (b), no antique slot machine
20 seized from any defendant shall be destroyed or otherwise
21 altered until the defendant is given an opportunity to
22 establish that the slot machine is an antique slot machine.
23 After a final court determination that the slot machine is an
24 antique slot machine, the slot machine shall be returned
25 pursuant to the provisions of law providing for the return of
26 property; otherwise, the slot machine shall be destroyed.
27 (2) It is the purpose of this subsection to protect the
28 collection and restoration of antique slot machines not
29 presently utilized for gambling purposes.
30 § 6308. Purchase, consumption, possession or transportation of
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1 liquor or malt or brewed beverages.
2 * * *
3 (b) [Penalty] Minimum penalty@.--In addition to the penalty
4 imposed pursuant to section 6310.4 (relating to restriction of
5 operating privileges), a person convicted of violating
6 subsection (a) may] shall be sentenced to pay a fine of not more
7 than $500 [for the second and each subsequent violation]. There
8 shall be no authority in any court to impose on an offender any
9 lesser sentence than the minimum sentence mandated by this
10 subsection. No court shall have the authority to suspend any
11 sentence as defined in this section.
12 * * *
13 § 6310.3. Carrying a false identification card.
14 * * *
15 (b) Minimum penalty.--In addition to any other penalty
16 imposed pursuant to section 6310.4 (relating to restriction of
17 operating privileges) or any other statute, a person who is
18 convicted of violating subsection (a) shall be sentenced to pay
19 a fine of not more than $500 [for the second and subsequent
20 violations]. No court shall have the authority to suspend any
21 sentence as defined in this section.
22 * * *
23 § 6314. Sentencing and penalties for trafficking drugs to
24 minors.
25 * * *
26 (b) Additional penalties.--In addition to the mandatory
27 minimum sentence set forth in subsection (a), the person shall
28 be sentenced to an additional minimum sentence of at least two
29 years total confinement, notwithstanding any other provision of
30 this title or other statute to the contrary, if the person did
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1 any of the following:
2 (1) Committed the offense with the intent to promote the
3 habitual use of the controlled substance.
4 (2) Intended to engage the minor in the trafficking,
5 transportation, delivery, manufacturing, sale or conveyance.
6 (3) Committed the offense within 1,000 feet of the real
7 property on which is located a public, private or parochial
8 school or a college or university.
9 (4) Committed the offense on a school bus.
10 (5) Committed the offense within 1,000 100 feet of a
11 school bus stop ON THOSE DAYS AND AT THOSE TIMES AS SCHOOL <--
12 STUDENTS ARE AWAITING TRANSPORTATION OR ARE BEING DISCHARGED
13 AT THESE LOCATIONS.
14 (6) Committed the offense within 1,000 100 feet of the
15 real property of a public playground.
16 * * *
17 SECTION 6. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
18 § 6315. COMPULSORY SCHOOL ATTENDANCE.
19 (A) PENALTY FOR NONCOMPLIANCE.--
20 (1) A PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION
21 HAVING CONTROL OR CHARGE OF A CHILD OR CHILDREN OF COMPULSORY
22 SCHOOL AGE WHO FAILS TO COMPLY WITH THE PROVISIONS OF THE
23 PUBLIC SCHOOL CODE REGARDING COMPULSORY ATTENDANCE COMMITS A
24 SUMMARY OFFENSE AND SHALL BE SENTENCED TO PAY, FOR THE
25 BENEFIT OF THE SCHOOL DISTRICT IN WHICH THE OFFENDING PERSON
26 RESIDES, A FINE OF NOT MORE THAN $300 FOR THE FIRST OFFENSE
27 AND NOT MORE THAN $300 FOR EACH SUCCEEDING OFFENSE OR TO
28 COMPLETE A PARENTING EDUCATION PROGRAM OFFERED AND OPERATED
29 BY A LOCAL SCHOOL DISTRICT, MEDICAL INSTITUTION OR OTHER
30 STATE-APPROVED AGENCY, OR BOTH.
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1 (2) IN THE DEFAULT OF THE PAYMENT OF A FINE OR
2 COMPLETION OF THE PARENTING PROGRAM UNDER PARAGRAPH (1), THE
3 PERSON SO OFFENDING SHALL BE SENTENCED TO THE COUNTY JAIL FOR
4 A PERIOD OF NOT MORE THAN FIVE DAYS.
5 (B) APPEAL.--A PERSON SENTENCED TO PAY A FINE MAY, IN
6 ACCORDANCE WITH RULE 86 OF THE PENNSYLVANIA RULES OF CRIMINAL
7 PROCEDURE, APPEAL TO THE COURT OF COMMON PLEAS OF THE PROPER
8 COUNTY, UPON ENTERING INTO A RECOGNIZANCE WITH ONE OR MORE
9 PROPER SURETIES IN DOUBLE THE AMOUNT OF PENALTY AND COSTS.
10 (C) NOTICE.--BEFORE ANY PROCEEDINGS ARE INSTITUTED AGAINST A
11 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION FOR FAILURE TO
12 COMPLY WITH THE PROVISIONS OF THE PUBLIC SCHOOL CODE OR THIS
13 SECTION, THE DISTRICT SUPERINTENDENT, ATTENDANCE OFFICER OR
14 SECRETARY OF THE BOARD OF SCHOOL DIRECTORS SHALL GIVE THE
15 OFFENDING PERSON THREE DAYS' WRITTEN NOTICE OF THE VIOLATION.
16 IF, AFTER THE NOTICE HAS BEEN GIVEN, THE PROVISIONS OF THIS
17 SECTION REGARDING COMPULSORY ATTENDANCE ARE AGAIN VIOLATED BY
18 THE PERSONS SO NOTIFIED AT ANY TIME DURING THE TERM OF
19 COMPULSORY ATTENDANCE, THAT PERSON SO AGAIN OFFENDING SHALL BE
20 LIABLE UNDER THIS SECTION WITHOUT FURTHER NOTICE.
21 (D) REASONABLE STEPS TO INSURE ATTENDANCE.--AFTER THE FIRST
22 OFFENSE, FOR A SUCCEEDING OFFENSE, A PARENT, GUARDIAN OR PERSON
23 IN PARENTAL RELATION MUST APPEAR AT A HEARING ESTABLISHED BY THE
24 DISTRICT JUSTICE. IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL
25 RELATION CHARGED WITH A SUMMARY OFFENSE UNDER SUBSECTION (A)
26 SHOWS THAT HE TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF
27 THE CHILD AT SCHOOL, HE SHALL NOT BE CONVICTED OF THE SUMMARY
28 OFFENSE.
29 (E) HABITUAL TRUANCY.--
30 (1) IF THE PARENT, GUARDIAN OR PERSON IN PARENTAL
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1 RELATION IS NOT CONVICTED OF A SUMMARY OFFENSE BECAUSE HE
2 TOOK EVERY REASONABLE STEP TO INSURE ATTENDANCE OF THE CHILD
3 AT SCHOOL, THE CHILD OF COMPULSORY SCHOOL AGE WHO FAILS TO
4 COMPLY WITH THE PUBLIC SCHOOL CODE AND THIS SECTION REGARDING
5 COMPULSORY ATTENDANCE OR WHO IS HABITUALLY TRUANT FROM SCHOOL
6 WITHOUT JUSTIFICATION COMMITS A SUMMARY OFFENSE AND SHALL BE
7 SENTENCED TO PAY, FOR THE BENEFIT OF THE SCHOOL DISTRICT IN
8 WHICH THE OFFENDING CHILD RESIDES, A FINE OF NOT MORE THAN
9 $300 FOR EACH OFFENSE OR SHALL BE ASSIGNED TO AN ADJUDICATION
10 ALTERNATIVE PROGRAM UNDER 42 PA.C.S. § 1520 (RELATING TO
11 ADJUDICATION ALTERNATIVE PROGRAM) WHICH HAS BEEN APPROVED BY
12 THE DISTRICT ATTORNEY AND THE PRESIDENT JUDGE PURSUANT TO THE
13 RULES OF CRIMINAL PROCEDURE REGARDING ACCELERATED
14 REHABILITATIVE DISPOSITION. THE CHILD SHALL APPEAR AT THE
15 HEARING ESTABLISHED BY THE DISTRICT JUSTICE, ACCOMPANIED BY
16 HIS PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION.
17 (2) IF THE CHILD FAILS TO PAY THE FINE UNDER PARAGRAPH
18 (1) OR TO COMPLY WITH THE ADJUDICATION ALTERNATIVE PROGRAM,
19 THE DISTRICT JUSTICE MAY PROCEED ACCORDING TO SECTION 1338 OF
20 THE PUBLIC SCHOOL CODE.
21 (F) AUTHORITY OF DISTRICT JUSTICE.--WHERE AUTHORIZED BY THE
22 COURT OF COMMON PLEAS, THE DISTRICT JUSTICE SHALL HAVE AUTHORITY
23 TO COMPEL SERVICE BY SHERIFF, CONSTABLE OR POLICE AND SECURE
24 ATTENDANCE DURING THE WEEK, DAY AND TIMES THAT THE COURT IS IN
25 SESSION.
26 (G) COURT OF COMMON PLEAS.--THE COURT OF COMMON PLEAS MAY
27 ELECT TO HEAR DIRECTLY CASES BROUGHT UNDER THIS SECTION.
28 (H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
29 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
30 SUBSECTION:
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1 "HABITUALLY TRUANT." ABSENT FOR MORE THAN THREE SCHOOL DAYS
2 OR THEIR EQUIVALENT FOLLOWING THE FIRST NOTICE OF TRUANCY GIVEN
3 UNDER SECTION 1354 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
4 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. A PERSON MAY BE
5 HABITUALLY TRUANT AFTER THAT NOTICE.
6 "OFFENSE." EACH CITATION WHICH GOES BEFORE A DISTRICT
7 JUSTICE OR COURT OF COMMON PLEAS.
8 "PUBLIC SCHOOL CODE." THE ACT OF MARCH 10, 1949 (P.L.30,
9 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
10 SECTION 7. SECTION 9712(A) OF TITLE 18 IS AMENDED TO READ:
11 § 9712. SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS. <--
12 (A) MANDATORY SENTENCE.--ANY PERSON WHO IS CONVICTED IN ANY
13 COURT OF THIS COMMONWEALTH OF MURDER OF THE THIRD DEGREE,
14 VOLUNTARY MANSLAUGHTER, RAPE, INVOLUNTARY DEVIATE SEXUAL
15 INTERCOURSE, ROBBERY AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I),
16 (II) OR (III) (RELATING TO ROBBERY), AGGRAVATED ASSAULT AS
17 DEFINED IN 18 PA.C.S. § 2702(A)(1) (RELATING TO AGGRAVATED
18 ASSAULT) OR KIDNAPPING, OR WHO IS CONVICTED OF ATTEMPT TO COMMIT
19 ANY OF THESE CRIMES, INCLUDING AN ATTEMPT TO COMMIT MURDER OF
20 THE FIRST DEGREE, SHALL, IF THE PERSON VISIBLY POSSESSED A
21 FIREARM DURING THE COMMISSION OF THE OFFENSE, BE SENTENCED TO A
22 MINIMUM SENTENCE OF AT LEAST FIVE YEARS OF TOTAL CONFINEMENT
23 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OTHER
24 STATUTE TO THE CONTRARY.
25 * * *
26 SECTION 8. SECTION 1333 OF THE ACT OF MARCH 10, 1949 <--
27 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
28 REPEALED.
29 Section 4 6 9. The amendment of 18 Pa.C.S. §§ 6308(b) and
30 6310.3(b) shall apply to sentences imposed on or after the
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1 effective date of this act.
2 Section 5 7 10. This act shall take effect in 60 days.
3 SECTION 1. SECTIONS 908 AND 6120 OF TITLE 18 OF THE <--
4 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
5 § 908. PROHIBITED OFFENSIVE WEAPONS.
6 (A) OFFENSE DEFINED.--A PERSON COMMITS A MISDEMEANOR OF THE
7 FIRST DEGREE IF, EXCEPT AS AUTHORIZED BY LAW, HE MAKES REPAIRS,
8 SELLS, OR OTHERWISE DEALS IN, USES, OR POSSESSES ANY OFFENSIVE
9 WEAPON.
10 (B) EXCEPTIONS.--
11 (1) IT IS A DEFENSE UNDER THIS SECTION FOR THE DEFENDANT
12 TO PROVE BY A PREPONDERANCE OF EVIDENCE THAT HE POSSESSED OR
13 DEALT WITH THE WEAPON SOLELY AS A CURIO OR IN A DRAMATIC
14 PERFORMANCE, OR THAT, WITH THE EXCEPTION OF A BOMB, GRENADE
15 OR INCENDIARY DEVICE, HE COMPLIED WITH THE NATIONAL FIREARMS
16 ACT (26 U.S.C. § 5801 ET SEQ.), OR THAT HE POSSESSED IT
17 BRIEFLY IN CONSEQUENCE OF HAVING FOUND IT OR TAKEN IT FROM AN
18 AGGRESSOR, OR UNDER CIRCUMSTANCES SIMILARLY NEGATIVING ANY
19 INTENT OR LIKELIHOOD THAT THE WEAPON WOULD BE USED
20 UNLAWFULLY.
21 (2) THIS SECTION DOES NOT APPLY TO POLICE FORENSIC
22 FIREARMS EXPERTS OR POLICE FORENSIC FIREARMS LABORATORIES.
23 ALSO EXEMPT FROM THIS SECTION ARE FORENSIC FIREARMS EXPERTS
24 OR FORENSIC FIREARMS LABORATORIES OPERATING IN THE ORDINARY
25 COURSE OF BUSINESS AND ENGAGED IN LAWFUL OPERATION WHO NOTIFY
26 IN WRITING, ON AN ANNUAL BASIS, THE CHIEF OR HEAD OF ANY
27 POLICE FORCE OR POLICE DEPARTMENT OF A CITY, AND, ELSEWHERE,
28 THE SHERIFF OF A COUNTY IN WHICH THEY ARE LOCATED, OF THE
29 POSSESSION, TYPE AND USE OF OFFENSIVE WEAPONS.
30 (3) THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO
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1 MAKES, REPAIRS, SELLS OR OTHERWISE DEALS IN, USES OR
2 POSSESSES ANY FIREARM FOR PURPOSES NOT PROHIBITED BY THE LAWS
3 OF THIS COMMONWEALTH.
4 (C) DEFINITION.--[AS USED IN THIS SECTION "OFFENSIVE WEAPON"
5 MEANS ANY] AS USED IN THIS SECTION, THE FOLLOWING WORDS AND
6 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
7 SUBSECTION:
8 "FIREARM." ANY WEAPON WHICH IS DESIGNED TO OR MAY READILY BE
9 CONVERTED TO EXPEL ANY PROJECTILE BY THE ACTION OF AN EXPLOSIVE;
10 OR THE FRAME OR RECEIVER OF ANY SUCH WEAPON.
11 "OFFENSIVE WEAPONS." ANY BOMB, GRENADE, MACHINE GUN, SAWED-
12 OFF SHOTGUN WITH A BARREL LESS THAN 18 INCHES, FIREARM SPECIALLY
13 MADE OR SPECIALLY ADAPTED FOR CONCEALMENT OR SILENT DISCHARGE,
14 ANY BLACKJACK, SANDBAG, METAL KNUCKLES, DAGGER, KNIFE, RAZOR OR
15 CUTTING INSTRUMENT, THE BLADE OF WHICH IS EXPOSED IN AN
16 AUTOMATIC WAY BY SWITCH, PUSH-BUTTON, SPRING MECHANISM, OR
17 OTHERWISE, OR OTHER IMPLEMENT FOR THE INFLICTION OF SERIOUS
18 BODILY INJURY WHICH SERVES NO COMMON LAWFUL PURPOSE.
19 (D) EXEMPTIONS.--THE USE AND POSSESSION OF BLACKJACKS BY THE
20 FOLLOWING PERSONS IN THE COURSE OF THEIR DUTIES ARE EXEMPT FROM
21 THIS SECTION:
22 (1) POLICE OFFICERS, AS DEFINED BY AND WHO MEET THE
23 REQUIREMENTS OF THE ACT OF JUNE 18, 1974 (P.L.359, NO.120),
24 REFERRED TO AS THE MUNICIPAL POLICE EDUCATION AND TRAINING
25 LAW.
26 (2) POLICE OFFICERS OF FIRST CLASS CITIES WHO HAVE
27 SUCCESSFULLY COMPLETED TRAINING WHICH IS SUBSTANTIALLY
28 EQUIVALENT TO THE PROGRAM UNDER THE MUNICIPAL POLICE
29 EDUCATION AND TRAINING LAW.
30 (3) PENNSYLVANIA STATE POLICE OFFICERS.
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1 (4) SHERIFFS AND DEPUTY SHERIFFS OF THE VARIOUS COUNTIES
2 WHO HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL
3 POLICE EDUCATION AND TRAINING LAW.
4 (5) POLICE OFFICERS EMPLOYED BY THE COMMONWEALTH WHO
5 HAVE SATISFACTORILY MET THE REQUIREMENTS OF THE MUNICIPAL
6 POLICE EDUCATION AND TRAINING LAW.
7 (6) DEPUTY SHERIFFS WITH ADEQUATE TRAINING AS DETERMINED
8 BY THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.
9 (7) LIQUOR CONTROL BOARD AGENTS WHO HAVE SATISFACTORILY
10 MET THE REQUIREMENTS OF THE MUNICIPAL POLICE EDUCATION AND
11 TRAINING LAW.
12 § 6120. LIMITATION ON MUNICIPAL REGULATION OF FIREARMS AND
13 AMMUNITION.
14 (A) GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY
15 IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION,
16 TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION
17 COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT
18 PROHIBITED BY THE LAWS OF THIS COMMONWEALTH.
19 (B) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
20 "FIREARMS" HAS THE MEANING GIVEN IN SECTION 5515 (RELATING TO
21 PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE "AIR
22 RIFLES" AS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF
23 AIR RIFLES).
24 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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