PRIOR PRINTER'S NOS. 2622, 2715 PRINTER'S NO. 3255
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, SCRIMENTI,
McHALE, B. SMITH AND HUGHES, OCTOBER 17, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 26, 1990
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.--
7 (1) Except as otherwise provided in paragraph (3), an
8 offense under subsection (a)(1) is a misdemeanor of the third
9 degree.
10 (2) An offense under subsection (a)(2) is a misdemeanor
11 of the first degree.
12 (3) An offense under subsection (a)(1) is a summary
13 offense if the person possesses a firearm and the person is
14 licensed to carry the firearm under Subchapter A of Chapter
15 61 (relating to Uniform Firearms Act).
16 (c) Exceptions.--Subsection (a) shall not apply:
17 (1) To the lawful performance of official duties by an
18 officer, agent or employee of the United States, the
19 Commonwealth or a political subdivision who is authorized by
20 law to engage in or supervise the prevention, detection,
21 investigation or prosecution of any violation of law.
22 (2) To the lawful performance of official duties by a
23 court official.
24 (3) To the lawful carrying of firearms or other
25 dangerous weapons in a court facility incident to hunting or <--
26 other lawful purposes. FOR LAWFUL PURPOSES WHICH SHALL <--
27 INCLUDE, BUT NOT BE LIMITED TO, HUNTING, FISHING OR FURTAKING
28 LICENSE OR A PERMIT RELATING TO HUNTING DOGS OR TO ACQUIRE A
29 LICENSE TO CARRY A FIREARM.
30 (d) Posting of notice.--Notice of the provisions of
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1 subsection (a) shall be posted conspicuously at each public
2 entrance to each courthouse OR OTHER BUILDING CONTAINING A COURT <--
3 FACILITY and each court facility, and no person shall be
4 convicted of an offense under subsection (a) with respect to a
5 court facility if the notice was not so posted at the courthouse
6 OR OTHER BUILDING CONTAINING A COURT FACILITY and AT THE court <--
7 facility, unless the person had actual notice of the provisions
8 of subsection (a).
9 (e) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Court facility." The courtroom of a court of record; A <--
13 COURTROOM OF A COMMUNITY COURT; THE COURTROOM OF A DISTRICT
14 JUSTICE; A COURTROOM OF THE PHILADELPHIA MUNICIPAL COURT; A
15 COURTROOM OF THE PITTSBURGH MAGISTRATES COURT; A COURTROOM OF
16 THE TRAFFIC COURT OF PHILADELPHIA; judge's chambers; witness
17 room; jury deliberation rooms; attorney conference rooms;
18 prisoner holding cells; offices of court clerks, the district
19 attorney, the sheriff and probation and parole officers; and any
20 adjoining corridors.
21 "Dangerous weapon." A bomb, grenade, blackjack, sandbag,
22 metal knuckles, dagger, knife, razor or cutting instrument, the
23 blade of which is exposed in an automatic way by switch, push-
24 button, spring mechanism, or otherwise, or other implement for
25 the infliction of serious bodily injury which serves no common
26 lawful purpose.
27 "Firearm." Any pistol or revolver with a barrel less than 15 <--
28 inches, any shotgun with a barrel less than 18 inches or any
29 rifle with a barrel less than 16 inches, or any pistol,
30 revolver, rifle or shotgun with an overall length of less than
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1 26 inches. The barrel length of a firearm shall be determined by
2 measuring from the muzzle of the barrel to the face of the
3 closed action, bolt or cylinder, whichever is applicable.
4 "FIREARM." ANY WEAPON, INCLUDING A STARTER GUN, WHICH WILL <--
5 OR IS DESIGNED TO EXPEL A PROJECTILE OR PROJECTILES BY THE
6 ACTION OF AN EXPLOSION, EXPANSION OF GAS OR ESCAPE OF GAS. SUCH
7 TERM SHALL NOT INCLUDE ANY DEVICE DESIGNED OR USED EXCLUSIVELY
8 FOR THE FIRING OF STUD CARTRIDGES, EXPLOSIVE RIVETS OR SIMILAR
9 INDUSTRIAL AMMUNITION.
10 Section 2. This act shall take effect in 60 days.
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