PRINTER'S NO. 3417
No. 2424 Session of 2004
INTRODUCED BY WILLIAMS, THOMAS, JAMES, BEBKO-JONES, KELLER,
KIRKLAND, MANN, MYERS, FABRIZIO, WALKO, WATERS AND PERZEL,
MARCH 15, 2004
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the possession of
3 weapons on certain property in cities of the first class.
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 § 912.1. Possession of weapon on certain property.
9 (a) Definition.--Notwithstanding the definition of "weapon"
10 in section 907 (relating to possessing instruments of crime),
11 "weapon" for purposes of this section shall include, but not be
12 limited to, any knife, cutting instrument, cutting tool,
13 nunchaku, firearm, shotgun, rifle and any other tool, instrument
14 or implement capable of inflicting serious bodily injury.
15 (b) Offense defined.--A person commits a misdemeanor of the
16 first degree if that person possesses a weapon:
17 (1) Within 1,500 feet of the real property on which is
18 located any elementary or secondary publicly funded
1 educational institution, any elementary or secondary private
2 school licensed by the Department of Education or any
3 elementary or secondary parochial school.
4 (2) In the buildings of, on the grounds of or within
5 1,500 feet of the real property on which is located any
6 postsecondary educational institution, child-care facility,
7 synagogue, church or other building or place used for
8 religious worship.
9 (c) Additional penalty.--A sentence imposed under this
10 section shall be in addition to any other penalty or sentence
11 imposed for any other violation of law.
12 (d) Exception.--It shall be an exception if the weapon is
13 possessed for other lawful purposes by a person who is:
14 (1) A peace officer.
15 (2) In a residence or business located within the 1,500-
16 foot perimeter of the property described in subsection (b).
17 (3) Participating in a school-sanctioned event involving
18 the use of firearms.
19 (4) Engaged in legal hunting or trapping activities.
20 (5) Engaged in target shooting or a shooting competition
21 at a range or on that person's property or the property of a
22 relative.
23 (6) Attending a course on firearm safety.
24 (7) Attending a course on hunter safety.
25 (8) Traveling to or from one of the activities in
26 paragraphs (3) through (7).
27 (9) An active or reserve member of the United States
28 Armed Forces or the Pennsylvania National Guard.
29 (10) Licensed to carry a firearm provided that the
30 weapon is a firearm.
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1 (e) Applicability.--This section shall apply only in cities
2 of the first class.
3 Section 2. This act shall take effect in 60 days.
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