PRINTER'S NO. 3005
No. 2208 Session of 2001
INTRODUCED BY RUFFING, WALKO, COSTA, CASORIO, CORRIGAN,
CREIGHTON, HARHAI, KELLER, SHANER, SOLOBAY, STABACK,
STEELMAN, J. TAYLOR, THOMAS, TRELLO, J. WILLIAMS, WOJNAROSKI
AND G. WRIGHT, DECEMBER 5, 2001
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 5, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting weapons on bottle club
3 premises; and prescribing a penalty.
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 § 7330. Prohibition of weapons on bottle club premises.
9 (a) Offense defined.--No bottle club operator or servant,
10 agent or employee of the same shall permit on premises used as a
11 bottle club or in any place operated in connection therewith any
12 firearm or offensive weapon.
13 (b) Absolute liability.--With respect to an offense
14 specified in subsection (a), intent, knowledge, recklessness or
15 negligence is not required.
16 (c) Corporate liability.--With respect to an offense
17 specified in subsection (a), a corporation that owns or operates
1 a bottle club may be liable.
2 (d) Penalty.--A person who violates subsection (a) commits a
3 misdemeanor of the first degree. If a firearm or offensive
4 weapon is used, employed or otherwise operated on the premises
5 used as a bottle club, the person who violates subsection (a)
6 commits a felony of the third degree.
7 (e) Exemptions.--The use and possession of a firearm or
8 blackjack by the following persons in the course of their duties
9 are exempt from this section:
10 (1) Police officers, as defined by and who meet the
11 requirements of 53 Pa.C.S. Ch. 21 Subch. D (relating to
12 municipal police education and training).
13 (2) Police officers of first class cities who have
14 successfully completed training which is substantially
15 equivalent to the program under 53 Pa.C.S. Ch. 21 Subch. D.
16 (3) Pennsylvania State Police officers.
17 (4) Sheriffs and deputy sheriffs of the various counties
18 who have satisfactorily met the requirements of 53 Pa.C.S.
19 Ch. 21 Subch. D.
20 (5) Police officers employed by the Commonwealth who
21 have satisfactorily met the requirements of 53 Pa.C.S. Ch. 21
22 Subch. D.
23 (6) Deputy sheriffs with adequate training as determined
24 by the Pennsylvania Commission on Crime and Delinquency.
25 (7) Liquor Control Board agents who have satisfactorily
26 met the requirements of 53 Pa.C.S. Ch. 21 Subch. D.
27 (f) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "Bottle club." The term shall have the same meaning given to
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1 it in section 7329 (relating to prohibition of certain types of
2 entertainment on bottle club premises).
3 "Firearm." Any weapon which is designed to or may readily be
4 converted to expel any projectile by the action of an explosive,
5 or the frame or receiver of any such weapon.
6 "Offensive weapons." Any bomb, grenade, machine gun, sawed-
7 off shotgun with a barrel less than 18 inches, firearm specially
8 made or specially adapted for concealment or silent discharge,
9 any blackjack, sandbag, metal knuckles, dagger, knife, razor or
10 cutting instrument, the blade of which is exposed in an
11 automatic way by switch, push-button, spring mechanism or
12 otherwise, or other implement for the infliction of serious
13 bodily injury which serves no common lawful purpose.
14 Section 2. This act shall take effect in 60 days.
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