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PRINTER'S NO. 3140
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2216
Session of
2020
INTRODUCED BY BURGOS, BRIGGS, KENYATTA, SCHLOSSBERG, ISAACSON,
ZABEL, KIRKLAND, HARRIS, HOHENSTEIN, CALTAGIRONE, McCLINTON,
SIMS, BULLOCK, SANCHEZ, ROEBUCK, FIEDLER, JOHNSON-HARRELL,
SCHWEYER AND YOUNGBLOOD, JANUARY 15, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 15, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for sale of certain toy guns and
imitation firearms prohibited.
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 6129. Sale of certain toy guns and imitation firearms
prohibited.
(a) Offense defined.--A person may not sell, transfer or
assign a toy gun or imitation firearm unless the toy gun or
imitation firearm is:
(1) a color other than black, blue, silver or aluminum;
(2) marked with a nonremovable orange stripe that is at
least one inch in width and runs the entire length of the
barrel on each side of the barrel; or
(3) equipped with a barrel at least one inch in diameter
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that is closed at a distance of at least one-half inch from
the front end of the barrel with the same material from which
the toy gun or imitation firearm is made.
(b) Exception.--The provisions of this section shall not
apply to:
(1) The sale of any toy gun or imitation firearm that
will be used only for or in the production of television
programs or theatrical or motion picture presentations,
provided, however, that the use of any toy gun or imitation
firearm complies with all applicable laws, rules or
regulations concerning request and receipt of waivers
authorizing the use.
(2) A nonfiring collector replica antique firearm, which
looks authentic and may be a scale model but is not intended
as a toy modeled on a real firearm designed, manufactured and
produced prior to 1898.
(c) Penalty.--A person who violates this section shall be
subject to a penalty of not more than $500 for the first offense
and not more than $1,000 for each subsequent offense, to be
collected in a civil action by a summary proceeding.
(d) 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:
"Imitation firearm." An object or device reasonably capable
of being mistaken for a genuine firearm.
"Toy gun." A facsimile or reproduction of a firearm that is
marketed as a toy for children and is substantially similar in
appearance, size and shape to a genuine firearm.
Section 2. This act shall take effect immediately.
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