PRINTER'S NO. 3211
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2170
Session of
2018
INTRODUCED BY SCHWEYER, FRANKEL, SCHLOSSBERG, SIMS, HAGGERTY,
P. COSTA, THOMAS, DAVIS, SOLOMON, KINSEY, DEAN, McCLINTON,
A. DAVIS, V. BROWN, YOUNGBLOOD, D. MILLER, NEILSON,
CALTAGIRONE, DONATUCCI, HILL-EVANS, J. McNEILL, M. QUINN,
WARREN, MADDEN, GAINEY AND STEPHENS, MARCH 27, 2018
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions and for
possession of firearm by minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this subchapter which are applicable to specific
provisions of this subchapter, the following words and phrases,
when used in this subchapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
"Assault weapon." Any of the following:
(1) A semiautomatic rifle that has an ability to accept
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a detachable 44 magazine and has at least one of the
following characteristics:
(i) A part or combination of parts designed and
intended to accelerate the rate of fire of the
semiautomatic firearm to simulate the rate of fire of a
machinegun.
(ii) A folding or telescoping stock.
(iii) A pistol grip that protrudes conspicuously
beneath the action of the semiautomatic rifle.
(iv) A thumbhole stock, a second handgrip or a
protruding grip that can be held by the nontrigger hand.
(v) A bayonet mount, a flash suppressor, muzzle
break or muzzle compensator.
(vi) A threaded barrel designed to accommodate a
flash suppressor, muzzle break or muzzle compensator.
(vii) A grenade launcher.
(2) A semiautomatic shotgun that has at least one of the
following characteristics:
(i) A folding or telescoping stock.
(ii) A thumbhole stock.
(iii) A second handgrip or a protruding grip that
can be held by the nontrigger hand.
(iv) A fixed magazine capacity in excess of seven
rounds.
(v) An ability to accept a detachable magazine.
(vi) A revolving cylinder.
* * *
"Machinegun." As defined in section 201 of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 5845).
"Peace officer." Any of the following:
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(1) A person who by virtue of the person's office or
public employment is vested by law with a duty to maintain
public order or make arrests for criminal offenses, whether
the duty extends to all criminal offenses or is limited to
specific criminal offenses.
(2) A person on active State duty under 51 Pa.C.S. § 508
(relating to active duty for emergency).
(3) A member of a park police department of a county of
the third class.
* * *
"Weapon-carrying officer." A county probation or parole
officer who is authorized to carry a weapon in connection with
performance of the duties of the officer's employment.
Section 2. Section 6110.1 of Title 18 is amended to read:
§ 6110.1. Possession of firearm or assault weapon by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(a.1) Assault weapon.--Except as provided in subsection
(b.1), a person under 21 years of age shall not purchase,
possess or transport an assault weapon.
(b) [Exception] Firearm exception.--Subsection (a) shall not
apply to a person under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
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a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(b.1) Assault weapon exception.--Subsection (a.1) shall not
apply to a person under 21 years of age:
(1) who is a member of the armed services;
(2) who is an authorized weapon-carrying officer; or
(3) who is a vested peace officer.
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a), or to a person under 21 years of
age an assault weapon in violation of subsection (a.1), commits
a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age or assault weapon in the possession of a
person under 21 years of age in violation of this section shall
be promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
Section 3. This act shall take effect in 60 days.
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