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PRINTER'S NO. 758
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
770
Session of
2021
INTRODUCED BY GAINEY, SANCHEZ, N. NELSON, GUENST, ZABEL,
KENYATTA, McNEILL, VITALI, SHUSTERMAN, DEASY, SIMS, BURGOS,
CIRESI, SCHWEYER, McCLINTON, WARREN AND FRANKEL,
MARCH 4, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 4, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, prohibiting certain assault weapons.
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 6121.1. Certain assault weapons prohibited.
(a) Offense defined.--Except as provided in subsection (b),
a person may not:
(1) Possess, use, control, sell, deliver, transfer or
manufacture an assault weapon.
(2) Obtain a license for an act under paragraph (1).
(b) Exception.--Subsection (a) shall not apply to:
(1) A member of the armed forces of the United States,
including National Guard and reserve components, a law
enforcement officer or other public safety officer while
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performing official duties or traveling to or from an
authorized place of duty if possession of the assault weapon
is authorized under applicable statute, regulation or
military or law enforcement policy.
(2) A person authorized under applicable statute,
regulation or military or law enforcement policy to perform
an act under subsection (a)(1) for the purpose of ensuring
that an individual under paragraph (1) obtains an assault
weapon.
(3) A person lawfully owning or otherwise possessing an
assault weapon before the effective date of this section.
(c) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Assault weapon." Any of the following, but not including
any firearm modified to render it permanently inoperable:
(1) A selective-fire firearm capable of fully automatic,
semiautomatic or burst fire at the option of the user or a
firearm that has the ability to accept a large-capacity
magazine.
(2) Any of the following semiautomatic firearms:
(i) Algimec Agmi.
(ii) Armalite AR-180.
(iii) Australian Automatic Arms SAP Pistol.
(iv) Auto-Ordnance Thompson type.
(v) Avtomat Kalashnikov AK-47 type.
(vi) Barrett Light-Fifty model 82A1.
(vii) Beretta AR-70.
(viii) Bushmaster Auto Rifle and Auto Pistol.
(ix) Calico models M-900, M-950 and 100-P.
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(x) Chartered Industries of Singapore SR-88.
(xi) Colt AR-15 and Sporter.
(xii) Daewoo K-1, K-2, Max-1 and Max-2.
(xiii) Evcom MK-IV, MP-9 and MP-45.
(xiv) Fabrique Nationale FN/FAL, FN/LAR or FN/FNC.
(xv) FAMAS MAS 223.
(xvi) Feather AT-9 and Mini-AT.
(xvii) Federal XC-900 and XC-450.
(xviii) Franchi SPAS-12 and Law-12.
(xix) Galil AR and ARM.
(xx) Goncz High-Tech Carbine and High-Tech Long
Pistol.
(xxi) Heckler & Koch HK-91, HK-93, HK-94 and SP-89.
(xxii) Holmes MP-83.
(xxiii) Intratec TEC-9 and Scorpion.
(xxiv) Iver Johnson Enforcer model 3000.
(xxv) MAC-10, MAC-11 and MAC-11 Carbine type.
(xxvi) Ruger Mini-14/5F folding stock model only.
(xxvii) Scarab Skorpion.
(xxviii) SIG 57 AMT and 500 series.
(xxix) Spectre Auto Carbine and Auto Pistol.
(xxx) Springfield Armory BM59, SAR-48 and G-3.
(xxxi) Sterling MK-6 and MK-7.
(xxxii) Steyr AUG.
(xxxiii) Streetsweeper and Striker-12 revolving
cylinder shotguns.
(xxxiv) USAS-12.
(xxxv) UZI Carbine, Mini-UZI Carbine and Pistol.
(xxxvi) Weaver Arms Nighthawk.
(xxxvii) Wilkinson "Linda" Pistol.
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(3) A semiautomatic firearm not specifically listed in
paragraph (2) that meets any of the following criteria:
(i) The firearm is a semiautomatic rifle that has an
ability to accept a detachable magazine and has at least
two of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
(C) A bayonet mount.
(D) A flash suppressor or threaded barrel
designed to accommodate a flash suppressor.
(E) A grenade launcher.
(ii) The firearm is a semiautomatic pistol that has
an ability to accept a detachable magazine and has at
least two of the following:
(A) An ammunition magazine that attaches to the
pistol outside of the pistol grip.
(B) A threaded barrel capable of accepting a
barrel extender, flash suppressor, forward handgrip
or silencer.
(C) A shroud that is attached to, or partially
or completely encircles, the barrel and that permits
the shooter to hold the firearm with the nontrigger
hand without being burned.
(D) A manufactured weight of 50 ounces or more
when the pistol is unloaded.
(E) A semiautomatic version of an automatic
firearm.
(iii) The firearm is a semiautomatic shotgun that
has at least two of the following:
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(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
(C) A fixed magazine capacity in excess of five
rounds.
(D) An ability to accept a detachable magazine.
(4) A part or combination of parts designed or intended
to convert a firearm into an assault weapon or any
combination of parts from which an assault weapon may be
rapidly assembled if those parts are in possession or under
the control of the same person. This paragraph shall not
apply to unassembled parts or a combination of parts
possessed by a dealer licensed under this chapter or a person
employed by that dealer, which are used to repair or service
a lawfully possessed firearm.
"Large capacity magazine." A firearm magazine, belt, drum,
feed strip or similar device that has the capacity of, or can be
readily restored or converted to accept, more than 10 rounds of
ammunition but does not include:
(1) A feeding device that has been permanently altered
so that it cannot accommodate more than 10 rounds of
ammunition.
(2) A .22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-
action firearm.
(4) A magazine that is permanently inoperable.
Section 2. This act shall take effect in 60 days.
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