HB 1114 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in inchoate crimes, prohibiting the possession of firearm at polling place.

PRINTER'S NO.   1236

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1114
                                                Session of
                                                  2025

     INTRODUCED BY BRENNAN, DALEY, VENKAT, MADDEN, NEILSON, HILL-
        EVANS, KINKEAD, PIELLI, HOHENSTEIN, RIVERA, FREEMAN,
        MALAGARI, SANCHEZ, KHAN, D. WILLIAMS, CARROLL AND SHUSTERMAN,
        APRIL 3, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2025


                                     AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in inchoate crimes, prohibiting the
 3      possession of firearm at polling place.
 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   § 914.   Possession of firearm at polling place.
 9      (a)   Offense defined.--Except as provided under subsections
10   (c) and (d)(2), a person commits an offense if the person:
11            (1)   knowingly possesses a firearm in any building, real
12      property or parking area of a polling place holding an
13      election;
14            (2)   knowingly possesses a firearm in any building, real
15      property or parking area of a polling place holding an
16      election with the intent of using the firearm in the
17      commission of a crime; or
 1             (3)   knowingly causes a firearm to be used in the
 2      commission of a crime in any building, real property or
 3      parking area of a polling place holding an election.
 4      (b)    Grading.--
 5             (1)   An offense committed under subsection (a)(1) shall
 6      constitute a misdemeanor of the third degree.
 7             (2)   An offense committed under subsection (a)(2) or (3)
 8      shall constitute a misdemeanor of the first degree.
 9      (c)    Exceptions.--Subsection (a) shall not apply to the
10   following:
11             (1)   The lawful performance of official duties by an
12      officer, agent or employee of the Federal Government, the
13      Commonwealth or a political subdivision of the Commonwealth
14      who is authorized to engage in or supervise the prevention,
15      detection, investigation or prosecution of any violation of
16      law.
17             (2)   The lawful performance of official duties by a law
18      enforcement officer.
19             (3)   The concealment of a firearm inside a vehicle by a
20      person who:
21                   (i)    possesses a valid and lawfully issued license to
22             carry a firearm; and
23                   (ii)   owns the firearm.
24             (4)   The concealment of a firearm by a member of the
25      Army, Navy, Marine Corps, Air Force or Coast Guard of the
26      United States or the National Guard or organized reserves
27      when on duty.
28      (d)    Posting of notice.--
29             (1)   Notice of the provisions of subsections (a), (b) and
30      (c) shall be posted conspicuously at each public entrance of

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 1      a building where a polling place is located during an
 2      election.
 3            (2)   A person shall not be convicted of an offense under
 4      subsection (a)(1) or (2) if the polling place fails to meet
 5      the notice requirements under paragraph (1).
 6      (e)   Definitions.--As used in this section, the following
 7   words and phrases shall have the meanings given to them in this
 8   subsection unless the context clearly indicates otherwise:
 9      "Election."    A general, municipal, special or primary
10   election as authorized under the act of June 3, 1937 (P.L.1333,
11   No.320), known as the Pennsylvania Election Code.
12      "Firearm."    Any weapon, including a starter gun, which will
13   or is designed to expel a projectile or projectiles by the
14   action of an explosion, expansion of gas or escape of gas. The
15   term does not include any device designed or used exclusively
16   for the firing of stud cartridges, explosive rivets or similar
17   industrial ammunition.
18      "Law enforcement officer."    As the term "peace officer" is
19   defined in section 501 (relating to definitions).
20      "Polling place."    The room provided in each election district
21   for voting during an election.
22      Section 2.    This act shall take effect in 60 days.




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