of a crime or knowingly causes a firearm or other dangerous
weapon to be present in a public recreation area with the
intent that the firearm or other dangerous weapon be used in
the commission of a crime.
(b) Grading.--The following apply:
(1) An offense under subsection (a)(1) is a misdemeanor
of the third degree.
(2) An offense under subsection (a)(2) is a misdemeanor
of the first degree.
(c) Exceptions.--Subsection (a) shall not apply to:
(1) The lawful performance of official duties by an
officer, agent or employee of the United States, the
Commonwealth or a political subdivision who is authorized by
law to engage in or supervise the prevention, detection,
investigation or prosecution of a violation of law.
(2) The carrying of rifles and shotguns by instructors
and participants in a course of instruction provided by the
Pennsylvania Game Commission under 34 Pa.C.S. § 2704
(relating to eligibility for license).
(3) Associations of veteran soldiers and their
auxiliaries or members of the armed forces of the United
States or the Commonwealth, including reserve components,
when engaged in the performance of ceremonial duties with
county approval.
(d) Private recreation area.--Nothing in this section may be
construed to restrict the rights of the owner of a private
recreation area to implement policies relating to dangerous
weapons on a private recreation area.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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