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PRINTER'S NO. 2317
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1725
Session of
2019
INTRODUCED BY DALEY, STURLA, McCLINTON, FREEMAN, FRANKEL,
KINSEY, WEBSTER, SCHLOSSBERG, ULLMAN, CALTAGIRONE, DONATUCCI,
WARREN, SCHWEYER, NEILSON, CEPHAS, SHUSTERMAN, ISAACSON,
SANCHEZ, OTTEN, FITZGERALD, WILLIAMS AND McCARTER,
JULY 22, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JULY 22, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in inchoate crimes, prohibiting the
possession of firearm at polling place.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 914. Possession of firearm at polling place.
(a) Offense defined.--Except as provided under subsections
(c) and (d)(2), a person commits an offense if the person:
(1) knowingly possesses a firearm in any building, real
property or parking area of a polling place holding an
election;
(2) knowingly possesses a firearm in any building, real
property or parking area of a polling place holding an
election with the intent of using the firearm in the
commission of a crime; or
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(3) knowingly causes a firearm to be used in the
commission of a crime in any building, real property or
parking area of a polling place holding an election.
(b) Grading.--The following apply:
(1) An offense committed under subsection (a)(1) shall
constitute a misdemeanor of the third degree.
(2) An offense committed under subsection (a)(2) or (3)
shall constitute a misdemeanor of the first degree.
(c) Exceptions.--Subsection (a) shall not apply to the
lawful performance of official duties by an officer, agent or
employee of the Federal Government, the Commonwealth or a
political subdivision of the Commonwealth who is authorized to
engage in or supervise the prevention, detection, investigation
or prosecution of any violation of law.
(d) Posting of notice.--The following apply:
(1) Notice of the provisions of subsections (a), (b) and
(c) shall be posted conspicuously at each public entrance of
a building where a polling place is located during an
election.
(2) A person shall not be convicted of an offense under
subsection (a)(1) or (2) if the polling place fails to meet
the notice requirements under paragraph (1).
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Election." A general, municipal, special or primary
election as authorized under the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code.
"Firearm." Any weapon, including a starter gun, which will
or is designed to expel a projectile or projectiles by the
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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.
"Polling place." The room provided in each election district
for voting during an election.
Section 2. This act shall take effect in 60 days.
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