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PRINTER'S NO. 758
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
632
Session of
2021
INTRODUCED BY BOSCOLA, COSTA, FONTANA, COLLETT, STREET, KEARNEY,
SANTARSIERO, HAYWOOD AND COMITTA, MAY 13, 2021
REFERRED TO JUDICIARY, MAY 13, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in inchoate crimes, providing for the
offense of possession of firearm or other dangerous weapon in
municipal building.
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:
§ 914. Possession of firearm or other dangerous weapon in
municipal building.
(a) Offense defined.--If the governing body of a
municipality adopts an ordinance which prohibits the possession
of a firearm or other dangerous weapon in a municipal building,
a person commits an offense if the person:
(1) knowingly possesses a firearm or other dangerous
weapon in a municipal building or knowingly causes a firearm
or other dangerous weapon to be present in a municipal
building; or
(2) knowingly possesses a firearm or other dangerous
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weapon in a municipal building with the intent that the
firearm or other dangerous weapon be used in the commission
of a crime or knowingly causes a firearm or other dangerous
weapon to be present in a municipal building with the intent
that the firearm or other dangerous weapon be used in the
commission of a crime.
(b) Grading.--
(1) Except as otherwise provided in paragraph (3), 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.
(3) An offense under subsection (a)(1) is a summary
offense if the person was carrying a firearm under section
6106(b) (relating to firearms not to be carried without a
license) or 6109 (relating to licenses) and failed to check
the firearm under subsection (e) prior to entering the
municipal building.
(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 any violation of law.
(2) The lawful performance of official duties by a
municipal official.
(3) 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).
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(4) Associations of veteran soldiers and their
auxiliaries or members of organized armed forces of the
United States or the Commonwealth, including reserve
components, when engaged in the performance of ceremonial
duties with municipal approval.
(5) The carrying of a dangerous weapon or firearm
unloaded and in a secure wrapper by an attorney who seeks to
employ the dangerous weapon or firearm as an exhibit or as a
demonstration and who possesses written authorization from
the municipality to bring the dangerous weapon or firearm
into the municipal building.
(d) Posting of notice.--Notice of the provisions of
subsections (a) and (e) shall be posted conspicuously at each
public entrance to each municipal building, and no person shall
be convicted of an offense under subsection (a)(1) with respect
to a municipal building if the notice was not posted at each
public entrance to the municipal building unless the person had
actual notice of the provisions of subsection (a).
(e) Facilities for checking firearms or other dangerous
weapons.--Within 30 days of the adoption of the ordinance under
subsection (a), each municipality shall make available at or
within the municipal building lockers or similar facilities at
no charge or cost for the temporary checking of firearms by
persons carrying firearms under section 6106(b) or 6109 or for
the checking of other dangerous weapons that are not otherwise
prohibited by law. A person checking a firearm, dangerous weapon
or an item deemed to be a dangerous weapon at a municipal
building shall be issued a receipt. Notice of the location of
the facility shall be posted as required under subsection (d).
(f) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection:
"Dangerous weapon." A bomb, an explosive or incendiary
device or material when possessed with intent to use or to
provide such material to commit an offense, graded as a
misdemeanor of the third degree or higher, grenade, blackjack,
sandbag, metal knuckles, dagger, knife (the blade of which is
exposed in an automatic way by switch, push-button, spring
mechanism or otherwise) or other implement for the infliction of
serious bodily injury which serves no common lawful purpose.
"Firearm." Any weapon, including a starter gun, which will
or is designed to expel a projectile or projectiles by the
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.
"Municipal building." The meeting place of the governing
body of a municipality.
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
Section 2. This act shall take effect in 60 days.
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