PRIOR PRINTER'S NO. 2622 PRINTER'S NO. 2715
No. 2011 Session of 1989
INTRODUCED BY TANGRETTI, MANDERINO, KUKOVICH, MARKOSEK, SALOOM,
STAIRS, PETRARCA, VAN HORNE, COHEN, COLAIZZO, PRESSMANN,
STISH, LEVDANSKY, ROBINSON, MELIO, BELARDI, MICHLOVIC, PESCI,
BORTNER, FOX, HALUSKA, OLASZ, BELFANTI, ARGALL, JOSEPHS,
FAIRCHILD, FARGO, LLOYD, KOSINSKI, NAHILL, GIGLIOTTI,
COLAFELLA, MORRIS, McVERRY, JOHNSON, LINTON, RYBAK, STABACK,
TRICH, MERRY, MARSICO, TRELLO, VEON, DORR, ITKIN AND
SCRIMENTI, OCTOBER 17, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 14, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the possession of a
3 firearm or other dangerous weapon in a court facility.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 913. Possession of firearm or other dangerous weapon in court
9 facility.
10 (a) Offense defined.--A person commits an offense if he:
11 (1) knowingly possesses a firearm or other dangerous
12 weapon in a court facility or knowingly causes a firearm or
13 other dangerous weapon to be present in a court facility; or
14 (2) knowingly possesses a firearm or other dangerous
15 weapon in a court facility with the intent that the firearm
1 or other dangerous weapon be used in the commission of a
2 crime or knowingly causes a firearm or other dangerous weapon
3 to be present in a court facility with the intent that the
4 firearm or other dangerous weapon be used in the commission
5 of a crime.
6 (b) Grading.--An offense under subsection (a)(1) is a <--
7 misdemeanor of the third degree. An offense under subsection
8 (a)(2) is a misdemeanor of the first degree.
9 (B) GRADING.-- <--
10 (1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (3), AN
11 OFFENSE UNDER SUBSECTION (A)(1) IS A MISDEMEANOR OF THE THIRD
12 DEGREE.
13 (2) AN OFFENSE UNDER SUBSECTION (A)(2) IS A MISDEMEANOR
14 OF THE FIRST DEGREE.
15 (3) AN OFFENSE UNDER SUBSECTION (A)(1) IS A SUMMARY
16 OFFENSE IF THE PERSON POSSESSES A FIREARM AND THE PERSON IS
17 LICENSED TO CARRY THE FIREARM UNDER SUBCHAPTER A OF CHAPTER
18 61 (RELATING TO UNIFORM FIREARMS ACT).
19 (c) Exceptions.--Subsection (a) shall not apply:
20 (1) To the lawful performance of official duties by an
21 officer, agent or employee of the United States, the
22 Commonwealth or a political subdivision who is authorized by
23 law to engage in or supervise the prevention, detection,
24 investigation or prosecution of any violation of law.
25 (2) To the lawful performance of official duties by a
26 court official.
27 (d) Power of court preserved.--Nothing in this section shall <--
28 limit the power of a court to punish for contempt or to
29 promulgate rules or orders regulating, restricting or
30 prohibiting the possession of firearms or other dangerous
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1 weapons within any building housing the court or any of its
2 proceedings or upon any grounds appurtenant to a building
3 housing the court.
4 (3) TO THE LAWFUL CARRYING OF FIREARMS OR OTHER <--
5 DANGEROUS WEAPONS IN A COURT FACILITY INCIDENT TO HUNTING OR
6 OTHER LAWFUL PURPOSES.
7 (e) (D) Posting of notice.--Notice of the provisions of <--
8 subsection (a) shall be posted conspicuously at each public
9 entrance to each COURTHOUSE AND EACH court facility, and no <--
10 person shall be convicted of an offense under subsection (a)
11 with respect to a court facility if the notice was not so posted
12 at the COURTHOUSE AND COURT facility, unless the person had <--
13 actual notice of the provisions of subsection (a).
14 (f) (E) Definitions.--As used in this section, the following <--
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Court facility." The courtroom of a court of record;
18 judge's chambers; witness room; jury deliberation rooms;
19 attorney conference rooms; prisoner holding cells; offices of
20 court clerks, the district attorney, the sheriff and probation
21 and parole officers; and any adjoining corridors.
22 "Dangerous weapon." A bomb, grenade, blackjack, sandbag,
23 metal knuckles, dagger, knife, razor or cutting instrument, the
24 blade of which is exposed in an automatic way by switch, push-
25 button, spring mechanism, or otherwise, or other implement for
26 the infliction of serious bodily injury which serves no common
27 lawful purpose.
28 "Firearm." Any pistol or revolver with a barrel less than 12 <--
29 inches, any shotgun with a barrel less than 24 inches or any
30 rifle with a barrel less than 15 inches.
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1 "FIREARM." ANY PISTOL OR REVOLVER WITH A BARREL LESS THAN 15 <--
2 INCHES, ANY SHOTGUN WITH A BARREL LESS THAN 18 INCHES OR ANY
3 RIFLE WITH A BARREL LESS THAN 16 INCHES, OR ANY PISTOL,
4 REVOLVER, RIFLE OR SHOTGUN WITH AN OVERALL LENGTH OF LESS THAN
5 26 INCHES. THE BARREL LENGTH OF A FIREARM SHALL BE DETERMINED BY
6 MEASURING FROM THE MUZZLE OF THE BARREL TO THE FACE OF THE
7 CLOSED ACTION, BOLT OR CYLINDER, WHICHEVER IS APPLICABLE.
8 Section 2. This act shall take effect in 60 days.
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