PRIOR PRINTER'S NO. 3005 PRINTER'S NO. 4430
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 2002
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 7331. 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 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF: <--
14 (1) HE IS A BOTTLE CLUB OWNER, PROPRIETOR, OPERATOR,
15 SERVANT, AGENT OR EMPLOYEE OF A BOTTLE CLUB AND PERMITS ON
16 PREMISES USED AS A BOTTLE CLUB OR IN ANY PLACE OPERATED IN
17 CONNECTION THEREWITH ANY FIREARM OR OFFENSIVE WEAPON; OR
1 (2) HE POSSESSES A FIREARM OR OFFENSIVE WEAPON ON THE
2 PREMISES OF A BOTTLE CLUB OR CAUSES A FIREARM OR OFFENSIVE
3 WEAPON TO BE PRESENT ON THE PREMISES OF A BOTTLE CLUB.
4 (b) Absolute liability.--With respect to an offense
5 specified in subsection (a), intent, knowledge, recklessness or
6 negligence is not required.
7 (c) Corporate liability.--With respect to an offense
8 specified in subsection (a) SUBSECTION (A)(1), a corporation <--
9 that owns or operates a bottle club may be liable. <--
10 (d) Penalty.--A person who violates subsection (a) commits a
11 misdemeanor of the first degree. If a firearm or offensive
12 weapon is used, employed or otherwise operated on the premises
13 used as a bottle club, the person who violates subsection (a)
14 commits a felony of the third degree.
15 (e) Exemptions.--The use and possession of a firearm or
16 blackjack by the following persons in the course of their duties
17 are exempt from this section:
18 (1) Police officers, as defined by and who meet the
19 requirements of 53 Pa.C.S. Ch. 21 Subch. D (relating to
20 municipal police education and training).
21 (2) Police officers of first class cities who have
22 successfully completed training which is substantially
23 equivalent to the program under 53 Pa.C.S. Ch. 21 Subch. D.
24 (3) Pennsylvania State Police officers.
25 (4) Sheriffs and deputy sheriffs of the various counties
26 who have satisfactorily met the requirements of 53 Pa.C.S.
27 Ch. 21 Subch. D.
28 (5) Police officers employed by the Commonwealth who
29 have satisfactorily met the requirements of 53 Pa.C.S. Ch. 21
30 Subch. D.
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1 (6) Deputy sheriffs with adequate training as determined
2 by the Pennsylvania Commission on Crime and Delinquency.
3 (7) Liquor Control Board agents who have satisfactorily
4 met the requirements of 53 Pa.C.S. Ch. 21 Subch. D. IS LIABLE <--
5 FOR THE ACTS OF ITS SERVANTS, AGENTS AND EMPLOYEES AS
6 PERMITTED BY SECTION 307 (RELATING TO LIABILITY OF
7 ORGANIZATIONS AND CERTAIN RELATED PERSONS).
8 (D) GRADING.--
9 (1) A PERSON WHO VIOLATES SUBSECTION (A)(1) COMMITS A
10 MISDEMEANOR OF THE FIRST DEGREE. IF A FIREARM OR OFFENSIVE
11 WEAPON IS USED, EMPLOYED OR OTHERWISE OPERATED ON THE
12 PREMISES OF A BOTTLE CLUB, THE PERSON WHO VIOLATES SUBSECTION
13 (A)(1) COMMITS A FELONY OF THE THIRD DEGREE.
14 (2) A PERSON WHO VIOLATES SUBSECTION (A)(2) COMMITS A
15 MISDEMEANOR OF THE FIRST DEGREE.
16 (E) EXCEPTIONS.--SUBSECTION (A)(1) AND (2) SHALL NOT APPLY
17 TO:
18 (1) THE LAWFUL PERFORMANCE OF OFFICIAL DUTIES BY AN
19 OFFICER, AGENT OR EMPLOYEE OF THE UNITED STATES, THE
20 COMMONWEALTH OR A POLITICAL SUBDIVISION WHO IS AUTHORIZED BY
21 LAW TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION,
22 INVESTIGATION OR PROSECUTION OF ANY VIOLATION OF LAW.
23 (2) AN OWNER, PROPRIETOR, OPERATOR, SERVANT, AGENT OR
24 EMPLOYEE WHO MAY OTHERWISE LAWFULLY POSSESS A FIREARM.
25 (f) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Bottle club." The term shall have the same meaning given to
29 it in section 7329 (relating to prohibition of certain types of
30 entertainment on bottle club premises).
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1 "Firearm." Any weapon which is designed to or may readily be
2 converted to expel any projectile by the action of an explosive,
3 or the frame or receiver of any such weapon.
4 "Offensive weapons." Any bomb, grenade, machine gun, sawed-
5 off shotgun with a barrel less than 18 inches, firearm specially
6 made or specially adapted for concealment or silent discharge,
7 any blackjack, sandbag, metal knuckles, dagger, knife, razor or
8 cutting instrument, the blade of which is exposed in an
9 automatic way by switch, push-button, spring mechanism or
10 otherwise, or other implement for the infliction of serious
11 bodily injury which serves no common lawful purpose.
12 Section 2. This act shall take effect in 60 days.
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