PRINTER'S NO. 2078
No. 1651 Session of 2005
INTRODUCED BY McGILL, BELFANTI, CALTAGIRONE, CORNELL, FABRIZIO,
FICHTER, RUBLEY, SIPTROTH, TANGRETTI AND YOUNGBLOOD,
JUNE 7, 2005
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sale, use and
3 alteration of air rifles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6304 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6304. Sale [and], use and alteration of air rifles.
9 (a) Sale or transfer of air rifles.--
10 (1) It shall be unlawful for any dealer to sell, lend,
11 rent, give, or otherwise transfer an air rifle to any person
12 under the age of 18 years, where the dealer knows, or has
13 reasonable cause to believe, the person to be under 18 years
14 of age, or where such dealer has failed to make reasonable
15 inquiry relative to the age of such person, and such person
16 is under 18 years of age.
17 (2) It shall be unlawful for any person to sell, give,
18 lend, or otherwise transfer any air rifle to any person under
1 18 years of age, except where the relationship of parent and
2 child, guardian and ward or adult instructor and pupil exists
3 between such person and the person under 18 years of age.
4 (b) Carrying or discharging air rifles.--
5 (1) It shall be unlawful for any person under 18 years
6 of age to carry any air rifle on the highways or public lands
7 unless accompanied by an adult, except that a person under 18
8 years of age may carry such rifle unloaded in a suitable case
9 or securely wrapped.
10 (2) It shall be unlawful for any person to discharge any
11 air rifle from or across any highway or public land or any
12 public place, except on a properly constructed target range.
13 (b.1) Alteration of air rifles.--It shall be unlawful for
14 any person to change, alter, remove or obliterate any safety
15 feature of an air rifle.
16 (c) Exceptions to the requirements of subsections (a) and
17 (b).--
18 (1) Nothing in this section shall make it unlawful for
19 any person under 18 years of age to have in his possession
20 any air rifle, if it is:
21 (i) kept within his domicile;
22 (ii) used by the person under 18 years of age and he
23 is a duly enrolled member of any club, team or society
24 organized for educational purposes and maintaining as
25 part of its facilities or having written permission to
26 use an indoor or outdoor rifle range under the
27 supervision, guidance and instruction of a responsible
28 adult, and then only, if said air rifle is actually being
29 used in connection with the activities of said club, team
30 or society under the supervision of a responsible adult;
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1 or
2 (iii) used in or on any private grounds or residence
3 under circumstances when such air rifle can be fired,
4 discharged or operated in such a manner as not to
5 endanger persons or property, and then only, if it is
6 used in such manner as to prevent the projectile from
7 transversing any grounds or space outside the limits of
8 such grounds or residence.
9 (2) Nothing in this section shall prohibit sales of air
10 rifles:
11 (i) By wholesale dealers or jobbers.
12 (ii) To be shipped out of this Commonwealth.
13 (iii) To be used at a target range operated in
14 accordance with paragraph (1) of this subsection or by
15 members of the armed services of the United States or
16 veterans' organizations.
17 (d) Seizure.--Any law enforcement officer may seize, take,
18 remove or cause to be removed, at the expense of the owner, all
19 air rifles used or offered for sale in violation of this
20 section.
21 (e) No preemption.--The provisions of any ordinance enacted
22 by any political subdivision which impose greater restrictions
23 or limitations in respect to the sale and purchase, use or
24 possession of air rifles, than is imposed by this section, shall
25 not be invalidated or affected by this section.
26 (f) Grading.--Any dealer violating the provisions of
27 paragraph (a)(1) of this section shall be guilty of a
28 misdemeanor of the third degree. Any person violating any other
29 provision of this section shall be guilty of a summary offense.
30 (g) Definitions.--As used in this section the following
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1 words and phrases shall have the meanings given to them in this
2 subsection:
3 "Air rifles." Any air gun, air pistol, spring gun, spring
4 pistol, B-B gun, or any implement that is not a firearm, which
5 impels a pellet of any kind with a force that can reasonably be
6 expected to cause bodily harm.
7 "Dealer." Any person engaged in the business of selling at
8 retail or renting any air rifles.
9 "Safety feature." Any permanent distinctive feature,
10 marking, coloration or device intended to distinguish an air
11 rifle from a firearm as defined in section 6105(i) (relating to
12 persons not to possess, use, manufacture, control, sell or
13 transfer firearms), including, but not limited to, any
14 distinctive marking or device for an imitation firearm required
15 pursuant to section 4 of the Federal Energy Management
16 Improvement Act of 1988 (Public Law 100-615, 102 Stat. 3190),
17 which was integral to the air rifle at the time of retail sale.
18 Section 2. This act shall take effect in 60 days.
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