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Title 18, §505. Use of Force in Self-Protection.

(a)            Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b)            Limitations on justifying necessity for use of force. —

(1)            The use of force is not justifiable under this section:

(i)            to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

(ii)            to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(A)            the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(B)            the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or

(C)            the actor believes that such force is necessary to protect himself against death or serious bodily injury.

(2)            The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:

(i)            the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or

(ii)            the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(A)            the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

(B)            a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(3)            Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

(c)            Use of confinement as protective force. — The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

Title 18, §506. Use of Force for the Protection of Other Persons.

(a)            General rule. — The use of force upon or toward the person of another is justifiable to protect a third person when:

(1)            the actor would be justified under section 505 of this title (relating to use of force in self-protection) in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;

(2)            under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

(3)            the actor believes that his intervention is necessary for the protection of such other person.

(b)            Exceptions.—Notwithstanding subsection (a) of this section:

(1)            When the actor would be obliged under section 505 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person.

(2)            When the person whom the actor seeks to protect would be obliged under section 505 of this title to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way.

(3)            Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the dwelling, or place of work of the other to any greater extent than in his own.

Title 18, §507. Use of Force for the Protection of Property.

(a)            Use of force justifiable for protection of property. —The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

(1)            to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or

(2)            to effect an entry or reentry upon land or to retake tangible movable property, if:

(i)            the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and

(ii)—

(A)            the force is used immediately or on fresh pursuit after such dispossession; or

(B)            the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.

(b)            Meaning of possession. — For the purpose of subsection (a) of this section:

(1)            A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.

(2)            A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.

(3)            A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.

(c)            Limitations on justifiable use of force. —

(1)            The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:

(i)            such request would be useless;

(ii)            it would be dangerous to himself or another person to make the request; or

(iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.

(2)            The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.

(3)            The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:

(i)            the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and

(ii)            it is otherwise justifiable under subsection (a)(2).

*(4)(i) The use of deadly force is justifiable under this section if:

(A)            there has been an entry into the actor’s dwelling;

(B)            the actor neither believes nor has reason to believe that the entry is lawful; and

(C)            the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.

(ii)            If the conditions of justification provided in sub­paragraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:

(A)            the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(B)            such force is necessary to prevent the commission of a felony in the dwelling.

(d)            Use of confinement as protective force. — The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.

(e)            Use of device to protect property. —The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:

(1)            the device is not designed to cause or known to cre­ate a substantial risk of causing death or serious bodily injury;

(2)            the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and

(3)            the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.

(f)            Use of force to pass wrongful obstructor. — The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:

(1)            the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;

(2)            the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and

(3)            the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.

*(Chgd. by L.1980, Act 1980-235; eff. 12/19/80.)

21                        Inchoate Crimes                        §908

§907.          Possessing instruments of crime.

(a)     Criminal instruments generally.-A person commits a misdemeanor of the first de­gree if he possesses any instrument of crime with intent to employ it criminally.

(b)          Possession of weapon.-A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c)     Unlawful body armor.-A person commits a felony of the third degree if in the course of the commission of a felony, or in the attempt to commit a felony, he uses or wears body armor or has in his control, custody or possession any body armor.

(d)          Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Body armor." Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material, or combination of materi­als, made or designed to prevent, resist, deflect or deter the penetration thereof by ammuni­tion, knife, cutting or piercing instrument, or any other weapon.

"Instrument of crime." Any of the following:

(1)   Anything specially made or specially adapted for criminal use.

(2)     Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

"Weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and com­ponents which can readily be assembled into a weapon.

21            Inchoate Crimes

§908.            Prohibited offensive weapons.

(a)        Offense defined.-A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any of­fensive weapon.

(b) Exceptions.­

(1)        It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic per­formance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. §5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances simi­larly negativing any intent or likelihood that the weapon would be used unlawfully.

(2) This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Com­monwealth.

(c)            Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive, or the frame or receiver of any such weapon. "Offensive weapons" Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mecha­nism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

(d)            Exemptions.-The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:

(1)        Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (PL. 359, No. 120), referred to as the Municipal Police Education and Training Law.

(2)        Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.

(3)            Pennsylvania State Police officers.

(4)        Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(6)        Deputy sheriffs with adequate training as determined by the Pennsylvania Commis­sion on Crime and Delinquency.

(7)        Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(Chgd. by L.2002, Act 132(1), eff. 1/5/2003.)

§908.1. Use or possession of electric or electronic incapacitation device.

(a)     Offense defined.-Except as set forth in subsection (b), a person commits an offense if the person does any of the following:

(1)        Uses an electric or electronic incapacitation device on another person for an unlawful purpose.

(2)            Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.

(b)     Self defense.-A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property, pursuant to Chapter 5 (relating to general principles of justification), if the electric or elec­tronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.

(c)          Prohibited possession.-No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.

(d)     Grading.-An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.

(e)          Exceptions.-Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison, or deten­tion center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.

(f)          Definition.-As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be

23                        Inchoate Crimes                        §910

used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propel­lant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

(Added by L.2002, Act 132(2), eff. 1/5/2003.)

§912. Possession of Weapon on School Property.

(a)            Definition.—Notwithstanding the definition of “weapon” in section 907 (relating to possessing instruments of crime), “weapon” for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.

(b)            Offense defined.—A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.

(c)            Defense—It shall be a defense that the weapon is pos­sessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose. (Added by L.1980, Act 167(1), eff. 12/15/80.)

§913. Possession of Firearm or Other Dangerous Weapon in Court Facility.

(a)            Offense defined.—A person commits an offense if he:

(1)            knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or

(2)            knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.

(b)            Grading.—

(1)            Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.

(2)            An offense under subsection (a)(2) is a misdemeanor of the first degree.

(3)            An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.

(c)            Exceptions.—Subsection (a) shall not apply to:

(1)            The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.

(2)            The lawful performance of official duties by a court official.

(3)            The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsyl­vania Game Commission under 34 Pa. C.S. §2704 (relating to eligibility for license).

(4)            Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.

(5)            The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility. (Added by L.1995, Act 66(2), eff. 11/22/95.)

(d)            Posting of notice.—Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility anti at the court facility unless the person had actual notice of the provisions of subsection (a).

(e)            Facilities for checking firearms or other dangerous weapons.—Each county shall make available at or within the building containing a court facility by July 1, 2002, lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d). (Chgd. by L.1999, Act 59, eff 2/15/00.)

(f)            Definitions.—As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Court facility.” The courtroom of a court of record; a courtroom of a community court; the courtroom of a district justice; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge’s chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.

“Dangerous weapon.” A bomb, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

“Firearm.” Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammuni­tion.

(Added by L. 1995, Spec. Sess. 1, Act 17(1), eff 10/11/95.)

Chapter 55

Riot, Disorderly Conduct and

Related Offenses

§5515. Prohibiting of Paramilitary Training.

(a)            Definitions.—As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Civil disorder.” Any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.

“Explosive or incendiary device.” Includes:

(1)            dynamite and all other forms of high explosives;

(2)            any explosive bomb, grenade, missile or similar device; and

(3)            any incendiary bomb or grenade, fire bomb or similar device, including any device which:

(i)            consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flam­mable liquid or compound; and

(ii)            can be carried or thrown by one individual acting alone.

“Firearm.” Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

“Law enforcement officer.” Any officer or employee of the United States, any state, any political subdivision of a state or the District of Columbia and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in 10 U.S.C. § 101(9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia, not included within the definition of National Guard as defined by 10 U.S.C. § 101(9) and members of the armed forces of the United States.

(b)            Prohibited training.—

(1)            Whoever teaches or demonstrates to any other person the use, application or making of any firearm, explosive or incen­diary device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder commits a misdemeanor of the first degree.

(2)            Whoever assembles with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or tech­nique capable of causing injury or death to persons, said person intending to employ unlawfully the same for use in or in fur­therance of a civil disorder commits a misdemeanor of the first degree.

(c)            Exemptions.—Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.

(d)            Excluded activities.—Nothing contained in this section shall make unlawful any activity of the Game Commission, Fish and Boat Commission, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sports or other lawful activities. (Chgd. by L.1992, Act 7(2), eff 3/19/92.)

(Added by L.1982, Act 138(2), eff 12/8/82.)

TITLE 18
PA CRIMES CODES

§6111.2. Firearm Sales Surcharge.

(a)            Surcharge imposed.—There is hereby imposed on each sale of a firearm subject to tax under Article II of the act of March 4, 1971 (PL 6, No.2), known as the Tax Reform Code of 1971, an additional surcharge of $3. This shall be referred to as the Firearm Sale Surcharge. All moneys received from this surcharge shall be deposited in the Firearm Instant Records Check Fund.

(b)            Increases or decreases.—Five years from the effective date of this subsection, and every five years thereafter, the Pennsylvania State Police shall provide such information as necessary to the Legislative Budget and Finance Committee for the purpose of reviewing the need to increase or decrease the instant check fee. The committee shall issue a report of its findings and recommendations to the General Assembly for a statutory change in the fee.

(c)            Revenue sources.—Funds received under the provisions of this section and section 6111(b)(3), as estimated and certified by the Secretary of Revenue, shall be deposited within five days of the end of each quarter into the fund.

(d)            Definition.—As used in this section only, the term “firearm” shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.

(Added by L. 1995, Spec. Sess. 1, Act 17(6), eff. 10/11/95; chgd. by L. 1995, Act 66(6), eff. 11/22/95.)

§6111.3. Firearm Instant Records Check Fund.

(a)      Establishment.—The Firearm Records Check Fund is hereby established as a restricted account in the State Treasury, separate and apart from all other public money or funds of the Commonwealth, to be appropriated annually by the General As­sembly, for use in carrying out the provisions of section 6111 (relating to firearm ownership). The moneys in the fund on June 1, 1998, are hereby appropriated to the Pennsylvania State Police.

(b) Source.—The source of the fund shall be moneys collected and transferred under section 6111.2 (relating to firearm sales surcharge) and moneys collected and transferred under section

6111(b)(3).

(Added by L.1995, Spec. Sess. 1, Act 17(6), eff 10/11/95; chgd. by L.1995, Act 66(6); L.1998, Act 70(6), eff 6/18/98.)

§6111.4. Registration of Firearms.

Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any govern­ment or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (Added by L 1995. Spec. Sess 1, Act 17(6,), eff 10/11/95.)

§6111.5. Rules and Regulations.

The Pennsylvania State Police shall in the manner provided by law promulgate the rules and regulations necessary to carry out this chapter, including regulations to ensure the identity, confidentiality and security of all records and data provided pursuant hereto (Added by L.1995, Spec. Sess. 1, Act 17(6), eff. 10/11/95.)

No retail dealer shall sell, or otherwise transfer or expose for sale or transfer, or have in his possession with intent to sell or transfer, any firearm as defined in section 6113(d) (relating to licensing of dealers) without being licensed as provided in this chapter. (Reenacted by L. 1995, Spec. Sess. 1, Act 17(7); chgd. by L.199 7, Act 5(1), eff 6/21/97.)

§6113. Licensing of Dealers.

(a)      General rule.—The chief or head of any police force or police department of a city, and, elsewhere, the sheriff of the county, shall grant to reputable applicants licenses, in form prescribed by the Pennsylvania State Police, effective for three years from date of issue, permitting the licensee to sell firearms direct to the consumer, subject to the following conditions in addition to those specified in section 6111 (relating to sale or transfer of firearms), for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this subchapter:

(1)  The business shall be carried on only upon the premises designated in the license or at the lawful gun show or meet.

(2)  The license, or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.

(3) No firearm shall be sold in violation of any provision of this subchapter.

(4)  No firearm shall be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of the purchaser’s identity.

(5)  A true record in triplicate shall be made of every firearm sold, in a book kept for the purpose, the form of which may be prescribed by the Pennsylvania State Police, and shall be per­sonally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the information required by section 6111. The record shall be main­tained by the licensee for a period of 20 years.

(6) No firearm as defined in section 6102 (relating to defini­tions) shall be displayed in any part of any premises where it can readily be seen from the outside. In the event that the Commis­sioner of the Pennsylvania State Police shall find a clear and present danger to public safety within this Commonwealth or any area thereof, firearms shall be stored and safeguarded pur­suant to regulations to be established by the Pennsylvania State Police by the licensee during the hours when the licensee is closed for business.

(7) The dealer shall possess all applicable current revenue licenses.

(b) Fee.—The fee for issuing said license shall be $30, which fee shall be paid into the county treasury.

(c)     Revocation.—Any license granted under subsection (a) of this section may be revoked for cause by the person issuing the same, upon written notice to the holder thereof.

(d) Definitions.—For the purposes of this section and section 6112 (relating to retail dealer required to be licensed) only unless otherwise specifically provided, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(Chgd. by L.1995, Spec. Sess. 1, Act 17(8); L.1995, Act 66(6); L.1998, Act 70(6), eff 6/18/98.)

§6114. Judicial Review.

The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs. (Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff 10/11/95.)

(a)            Offense defined.—No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as pro­vided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.

(b)            Exception.—

(1)            Subsection (a) shall not apply if any of the following apply:

(i)            The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).

(ii)            The person who receives the firearm is exempt from licensing.

(iii)            The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association

(iv) The person who receives the firearm meets all of the following

(A)            Is under 18 years of age.

(B)            Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruc­tion (if a responsible individual who.

(I)            is ‘21 years of age or older; and

(II)            is not prohibited from owning or possessing a firearm tinder section 6105 (relating to persons not to possess, use, man­ufacture, control, sell or transfer firearms)

(v)            The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game)

(vi)            A bank or other chartered lending institution is able to adequately secure firearms in its possession.

(2)            Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa CS. Ch. 21 (relating to inter­state succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105

(3)            Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one’s dwelling or place of business if the firearm is retained within the dwelling or place of business.
(Repealed and added by L 1995, Spec. Sess 1, Act 17(8), eff 10/11/95)

§6116. False Evidence of Identity.

In addition to any other penalty provided in this chapter, the furnishing of false information or offering false evidence of iden­tity is a violation of section 4904 (relating to unsworn falsification to authorities). (Chgd. by L. 1988, Act 158(1); L. 1995, Spec Sess. l,Act 17(8), eff 10/11/95)

(a) Offense defined.--No person shall change, alter, remove, or obliterate the manufacturer's number integral to the frame or receiver of any firearm which shall have the same meaning as provided in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

(b) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, § 7, effective in 60 days [Dec. 16, 2008].

(c) Penalty.--A violation of this section constitutes a felony of the second degree.

(d) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, § 7, effective in 60 days [Dec. 16, 2008].

CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), § 8, effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, § 6, imd. effective; 2008, Oct. 17, P.L. 1628, No. 131, § 7, effective in 60 days [Dec. 16, 2008].

HISTORICAL AND STATUTORY NOTES

Act 1995, No. 17 (Spec. Sess. No. 1) rewrote the section.

Act 1995, Nov. 22, No. 66, in subsec. (a), following "manufacturer's number", deleted "or other mark of identification".

2008 Electronic Update

Act 2008-131 legislation

Act 2008- 131, § 7, deleted subsecs. (b) and (d), which read:

"(b) Presumption.--Possession of any firearm upon which any such mark shall have been changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same."

"(d) Appellate review.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section."

Prior Laws:

1968, July 31, P.L. 802, § 1.

1968, July 30, P.L. 690, § 1.

1963, Aug. 13, P.L. 660, No. 346, § 1.

1961, Aug. 4, P.L. 921, § 1.

1953, July 27, P.L. 627, § 1.

1943, May 21, P.L. 485, § 1.

1943, May 21, P.L. 306, § 1.

1939, June 24, P.L. 872, § 628 (18 P.S. § 4628).

1931, June 11, P.L. 497, §§ 1 to 21.

18 Pa.C.S.A. § 6117, PA ST 18 Pa.C.S.A. § 6117

Current through Act 2009-12

§6118. Antique Firearms.

(a)            General rule.—This subchapter shall not apply to antique firearms.

(b)            Exception.—Subsection (a) shall not apply to the extent that such antique firearms, reproductions or replicas of firearms are concealed weapons as provided in section 6106 (relating to firearms not to be carried without a license), nor shall it apply to the provisions of section 6105 (relating to persons not to possess, use, manufacture, control, sell or trans­fer firearms) if such antique firearms, reproductions or replicas of firearms are suitable for use.

(c)            Definition.—As used in this section, the term “antique firearm” means:

(1)            Any firearm with a matchlock, flintlock or percussion cap type of ignition system.

(2)            Any firearm manufactured on or before 1898.

(3)            Any replica of any firearm described in paragraph (2) if such replica:

(i)            is not designed or redesigned for using rimfire or conven­tional center fire fixed ammunition; or

(ii)            uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff. 10/11/95; L.1995, Act 66(6), eff 11/22/95.)

Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree. (Chgd. by L. 1989, Act 68(2), eff 2/5/90.)

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammuni­tion components when carried or transported for purposes not prohibited by the laws of this commonwealth.

(a. l) No right of action.­

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abate­ment, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer." The term shall include any person engaged in the business of selling at whole­sale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to pro­hibiting of paramilitary training) but shall not include air rifles as that term is defined in sec­tion 6304 (relating to sale and use of air rifles).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

(a)            Offense defined.—It is unlawful for any person to possess, use or attempt to use a KTW teflon-coated bullet or other armor-piercing ammunition while committing or attempting to commit a crime of violence as defined in section 6102 (relating to defini­tions).

(b)            Grading.—An offense under this section constitutes a felony of the third degree.

(c)            Sentencing.—Any person who is convicted in any court of this Commonwealth of a crime of violence and who uses or carries, in the commission of that crime, a firearm loaded with KTW ammunition or any person who violates this section shall, in addition to the punishment provided for the commission of the crime, be sentenced to a term of imprisonment for not less than five years. Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a crime subject to this subsection nor place him on probation nor shall the term of imprisonment run concurrently with any other term of imprisonment including that imposed for the crime in which the KTW ammunition was being used or carried. No person sentenced under this subsection shall be eligible for parole.

(d)            Definition.—As used in this section the term “armor-pierc­ing ammunition” means ammunition which, when or if fired from any firearm as defined in section 6102 that is used or attempted to be used in violation of subsection (a) under the test procedure of the National Institute of Law Enforcement and Criminal Jus­tice Standard for the Ballistics Resistance of Police Body Armor promulgated December 1978, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type hA of Standard NILECJ-STD-0101.01 as formulated by the United States Department of Justice and published in December of 1978.

§6122. Proof of License and Exception.

(a) General rule.-When carrying a firearm concealed on or about one's person or in a ve­hicle, an individual licensed to carry a firearm shall, upon lawful demand of a law enforcement officer, produce the license for inspection. Failure to provide such license, either at the time of arrest or at the preliminary hearing, shall create a rebuttable presumption of nonlicensure.

(b) Exception.-An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried with­out a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory ev­idence of qualification for exception.

(Chgd. by 1.1997, Act 5(l), eff. 6/21/97.)

 §6123. Waiver of Disability or Pardons.

A waiver of disability from Federal authorities as provided for in 18 U.S.C. §925 (relating to exceptions; relief from disabilities), a full pardon from the Governor or an overturning of a conviction shall remove any corresponding disability under this subchapter except the disability under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). (Added by L.1988, Act 158(2); chgd. by L.1995, Act 66(6), eff. 11/22/95.)

§6124. Administrative Regulations.

The commissioner may establish form specifications and regulations, consistent with section 6 109(c) (relating to licenses), with respect to uniform forms control, including the following:

(1)        License to carry firearms.

(2)        Firearm registration.

(3)            Dealer’s license.

(4)            Application for purchase of a firearm.

(5)        Record of sale of firearms.

(Added by L.1988, Act 158(2), eff 6/17/89.)

§6125. Distribution of Uniform Firearm Laws and Firearm Safety Brochures.

It shall be the duty of the Pennsylvania State Police beginning January 1, 1996, to distribute to every licensed firearm dealer in this Commonwealth firearms safety brochures at no cost to the dealer. The brochures shall be written by the Pennsylvania State Police, with the cooperation of the Pennsylvania Game Commis­sion, and shall include a summary of the major provisions of this subchapter, including, but not limited to, the duties of the sellers and purchasers and the transferees of firearms. The brochure or a copy thereof shall be provided without a charge to each pur­chaser. (Added by L. 1995, Spec. Sess. 1, Act 17(9), eff. 10 / 11 / 95; chgd. by L. 1995, Act 66(6), eff 11/22/95.) 

§6126. Firearms Background Check Advisory Committee.

(a) Establishment.-There is hereby established the Firearms Background Check Advi­sory Committee which shall consist of six members as follows:

(1) The Governor or a designee.

(2) The Attorney General or a designee.

(3) The Majority Leader of the Senate or a designee.

(4) The Minority Leader of the Senate or a designee.

(5) The Majority Leader of the House of Representatives or a designee.

(6) The Minority Leader of the House of Representatives or a designee

(b) Duties.-To facilitate compliance with this chapter and the intent thereof, the Fire­arms Background Check Advisory Committee shall, as follows:

(1) Review the operations and procedures of the Pennsylvania State Police relating to the implementation and administration of the criminal history, juvenile delinquency and mental health records background checks.

(2) Advise the Pennsylvania State Police relating to the development and maintenance of the instantaneous records check system.

(3) Provide annual reports to the Governor and the General Assembly on the advisory committee's findings and recommendations, including discussions concerning conformance with the Preamble of the act of June 13, 1995 (1 st Sp. Sess., P.L.1024, No. l7), entitled, "An act amending Title 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the possession of firearms; estab­lishing a selected Statewide juvenile offender registry; and making an appropriation."

(c) Terms.-Members or their designees shall serve a term of office concurrent with the term of office for which the member was elected. Any vacancy shall be filled by the appointing authority.

(d) Chairperson.-The Governor shall appoint the chairperson of the advisory committee.

(e) Expiration.-This section shall expire November 30, 2002.

(Chgd by L.2000, Act 101(5), eff. 12/20/2000. Expires by its own terms 11/30/2002.)

Current (7-12-01) Committee Members:

Governor (Designee - Brian Grove)

Attorney General (Designee-Ron Stanko)

Senate Leadership Senator Brightbill (Designee-Senator Robbins) (Republican)

Senator Mellow (Designee-Senator Fumo) (Democrat)

House Leadership Rep. Perzel (Designee - Rep. Phillips) (Republican)

Rep. DeWeese (Designee - Rep. Staback) (Democrat)

The Committee has met 2 times since it's inception (informal meetings).

Dr. Krug (fmr. PA/ILA Representative) is the consultant to the committee

(a) Illegal possession.--Upon confiscating or recovering a firearm from the possession of anyone who is not permitted by Federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace where necessary, to determine how and from where the person gained possession of the firearm.

(b) Tracing.--Local law enforcement shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives in complying with subsection (a).

(c) Notification.--Local law enforcement agencies shall advise the Pennsylvania State Police of all firearms that are recovered in accordance with this section.

CREDIT(S)

2007, July 17, P.L. 139, No. 41, § 4, effective in 60 days [Sept. 17, 2007]. Amended 2008, Oct. 17, P.L. 1628, No. 131, § 7, effective in 60 days [Dec. 16, 2008].

HISTORICAL AND STATUTORY NOTES

Act 2008-131 legislation

Act 2008-131, § 7, inserted "confiscating or" and deleted "under 21 years of age" following "where the person".

18 Pa.C.S.A. § 6127, PA ST 18 Pa.C.S.A. § 6127

Current through Act 2009-12

(a)            General rule.—It is lawful for a person residing in this Commonwealth, including a corporation or other business entity maintaining a place of business in this Commonwealth, to pur­chase or otherwise obtain a rifle or shotgun in a state contiguous to this Commonwealth and to receive or transport such rifle or shotgun into this Commonwealth.

(b)            Applicability of section.—

(1)            This section applies to residents of this Commonwealth who obtain rifles or shotguns from a state contiguous to this Commonwealth in compliance with the Gun Control Act of 1968, State laws and local ordinances.

(2)            This section shall not apply or be construed to affect in any way the purchase, receipt or transportation of rifles and shotguns by Federally licensed firearms manufacturers, importers, dealers or collectors.

(c)            Definitions.—

(1)            As used in this section the term “a state contiguous to this Commonwealth” means any state having a common border with this Commonwealth.

(2)            The other terms used in this section shall have the mean­ings ascribed to them by Public Law 90-618 known as the “Gun Control Act of 1968.”

Nothing in this chapter shall be construed to prohibit a person in this commonwealth who may lawfully purchase, possess, use, control, sell, transfer or manufacture a firearm which exceeds the barrel and related lengths set forth in section 6102 (relating to definitions) from lawfully purchasing or otherwise obtaining such a firearm in a jurisdiction outside this Commonwealth. (Added by L.1997,Act5(3), eff 6/21/97.)

Title 18

SUBCHAPTER B FIREARMS GENERALLY

§6142. Locking Device for Firearms.

(a) Offense defined.-It shall be unlawful for any licensee to sell, deliver or transfer any firearm as defined in section 6102 (relating to definitions), other than an antique firearm as de­fined in section 6118 (relating to antique firearms), to any other person, other than another li­censee, unless the transferee is provided with or purchases a locking device for that firearm or the design of the firearm incorporates a locking device.

(b) Exceptions.-Firearms for transfer to or possession by any law enforcement officer employed by any Federal, State or local government entity or rail police employed and certi­fied by a rail carrier as a police officer are not subject to the provisions of this section.

(c) Penalties.-A violation of the provisions of this section shall be a summary offense.

(d) Good faith compliance.-A licensee who in good faith complies with this section shall not be civilly liable as a result of such compliance with this section, except for any acts or omissions intentionally designed to harm or for grossly negligent acts or omissions which result in harm.

(e) A transferee's purchase or receipt of a locking device in conjunction with the purchase of a firearm pursuant to this section shall not be admissible as evidence in any civil action brought against the transferee.

(f) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Licensee." Any licensed manufacturer, importer or dealer of firearms. "Locking device." Either of the following:

(1) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or

(2) a device that is incorporated into the design of a firearm and that is designed to pre­vent the operation of the firearm by anyone not having access to the device.

(Added by L 1999, Act 59(8), eff. 2/13/2000.)

CHAPTER 63
MINORS

§6301. Corruption of Minors.

(a)            Offense defined.—Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, is guilty of a misdemeanor of the first degree.

(b)            Adjudication of delinquency unnecessary—A conviction under the provisions of this section may be had whether or not the jurisdiction of any juvenile court has attached or shall there­after attach to such minor or whether or not such minor has been adjudicated a delinquent or shall thereafter be adjudicated a delinquent.

(c)            Presumptions.—In trials and hearings upon charges of violating the provisions of this section, knowledge of the minor’s age and of the court’s orders and decrees concerning such minor shall be presumed in the absence of proof to the contrary.

(d)            Mistake as to age.—

(1)            Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is under 16 years, it is no defense that the actor did not know the age of the minor or reasonably believed the minor to be older than 18 years.

(2)            Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is 16 years or more but less than 18 years, it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the minor to be 18 years or older.

(Added by L.1978, Act 104(1), effective 8/30/78.) 

§6302. Sale or Lease of Weapons or Explosives.

(a)            Offense defined.—A person is guilty of a misdemeanor of the first degree if he sells or causes to be sold or leases to any person under 18 years of age any deadly weapon, cartridge, gunpowder, or other similar dangerous explosive substance.

(b)            Exception.—The provisions of subsection (a) shall not pro­hibit hunting by minors under 18 years of age permitted under Title 34 (relating to game).

(Chgd. byL.1986,Act93(Z), effJ 7/1/87.)

(a)            Offense defined.—A person is guilty of a misdemeanor of the first degree if he sells, causes to be sold, gives or furnishes to any person under the age of 18 years, or if he, being under the age of 18 years, purchases, accepts, receives or possesses, any pistol commonly referred to as “starter pistol” specially designed to receive and discharge blank cartridges only or similar pistol.

(b)            Exception.—Nothing in this section shall prohibit the use of starter pistols for the purpose of starting or officiating at athletic events, use in dramatic productions, or other similar events.

(a)            Sale or transfer of air rifles.—

(1)            It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 18 years, where the dealer knows, or has reasonable cause to believe, the person to be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under 18 years of age.

(2)            It shall be unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under 18 years of age.

(b)            Carrying or discharging air rifles.—

(1)            It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such Rifle unloaded in a suitable case or securely wrapped.

(2)            It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.

(c)            Exceptions.—

(1)            Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:

(i)            kept within his domicile;

(ii)            used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educa­tional purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the super­vision of a responsible adult; or

(iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence

(2)            Nothing in this section shall prohibit sales of air rifles:

(i)            By wholesale dealers or jobbers.

(ii)            To be shipped out of this Commonwealth.

(iii) To be used at a target range operated in accordance with paragraph (1) of this subsection or by members of the armed services of the United States or veterans’ organizations.

(d)            Seizure.—Any law enforcement officer may seize, take, remove or cause to be removed, at the expense of the owner, all air rifles used or offered for sale in violation of this section.

(e)            No preemption.—The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be in­validated or affected by this section.

(f) Grading —Any dealer violating the provisions of para­graph (a)(1) of this section shall be guilty of a misdemeanor of the third degree Any person violating any other provision of this section shall be guilty of a summary offense.

(g)            Definitions.—As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Air rifles.” Any air gun, air pistol, spring gun, spring pistol, B-B gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.

“Dealer.” Any person engaged in the business of selling at retail or renting any air rifles.

Title 18

§ 9122. Expungement.

(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

1. no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement; or
2. a court order requires that such nonconviction data be expunged.

(b) Generally.--Criminal history record information may be expunged when:

1. an individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
2. an individual who is the subject of the information has been dead for three years.

(b.1) Prohibition.-A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault)
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 5902(b) (relating to prostitution and related offenses).
Section 5903 (relating to obscene and other sexual materials and performances).

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs. Criminal history record information may be expunged as provided in subsection (b)(1) and (2). Such information shall be made available to any court or law enforcement agency upon request.

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

§ 9712. Sentences for offenses committed with firearms.

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person visibly possessed a firearm or a replica of a firearm, whether or not the firearm or replica was loaded or functional, that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.

(b) Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(c) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d) Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm."

Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

"Replica of a firearm."

An item that can reasonably be perceived to be a firearm.