SB 39 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in inchoate crimes, providing for the offense of possession of firearm or other dangerous weapon in public recreation area.

PRINTER'S NO.   18

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          SENATE BILL
                          No. 39
                                                 Session of
                                                   2025

     INTRODUCED BY HUGHES, KEARNEY, COMITTA, STREET, FONTANA,
        HAYWOOD, COSTA, KANE, TARTAGLIONE AND SAVAL, JANUARY 22, 2025

     REFERRED TO JUDICIARY, JANUARY 22, 2025


                                       AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in inchoate crimes, providing for the
 3      offense of possession of firearm or other dangerous weapon in
 4      public recreation area.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Title 18 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 914.    Possession of firearm or other dangerous weapon in
10                   public recreation area.
11      (a)    Offense defined.--A person commits an offense if the
12   person:
13             (1)   knowingly possesses a firearm or other dangerous
14      weapon in a public recreation area or knowingly causes a
15      firearm or other dangerous weapon to be present in a public
16      recreation area; or
17             (2)   knowingly possesses a firearm or other dangerous
18      weapon in a public recreation area with the intent that the
19      firearm or other dangerous weapon be used in the commission
 1      of a crime or knowingly causes a firearm or other dangerous
 2      weapon to be present in a public recreation area with the
 3      intent that the firearm or other dangerous weapon be used in
 4      the commission of a crime.
 5      (b)   Grading.--
 6            (1)   An offense under subsection (a)(1) is a misdemeanor
 7      of the third degree.
 8            (2)   An offense under subsection (a)(2) is a misdemeanor
 9      of the first degree.
10      (c)   Exceptions.--Subsection (a) shall not apply to:
11            (1)   The lawful performance of official duties by an
12      officer, agent or employee of the United States, the
13      Commonwealth or a political subdivision who is authorized by
14      law to engage in or supervise the prevention, detection,
15      investigation or prosecution of a violation of law.
16            (2)   The carrying of a rifle or shotgun by an instructor
17      or participant in a course of instruction provided by the
18      Pennsylvania Game Commission under 34 Pa.C.S. § 2704
19      (relating to eligibility for license).
20            (3)   An association of veteran soldiers and its
21      auxiliaries or members of the armed forces of the United
22      States or the Commonwealth, including a reserve component,
23      when engaged in the performance of ceremonial duties with
24      county approval.
25      (d)   Private recreation area.--Nothing in this section may be
26   construed to restrict the rights of the owner of a private
27   recreation area to implement policies relating to dangerous
28   weapons in the private recreation area.
29      (e)   Definitions.--As used in this section, the following
30   words and phrases shall have the meanings given to them in this

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 1   subsection:
 2      "Dangerous weapon."     Any of the following when possessed with
 3   intent to use or to provide the material to commit an offense
 4   graded as a misdemeanor of the third degree or higher:
 5          (1)    A bomb.
 6          (2)    An explosive or incendiary device.
 7          (3)    A grenade.
 8          (4)    A blackjack.
 9          (5)    Metal knuckles.
10          (6)    A dagger.
11          (7)    A knife, the blade of which is exposed in an
12      automatic way by switch, push-button, spring mechanism or
13      otherwise.
14          (8)    Any other implement for the infliction of serious
15      bodily injury that serves no common lawful purpose.
16      "Firearm."   A weapon, including a starter gun, designed to
17   expel a projectile or projectiles by the action of an explosion,
18   expansion of gas or escape of gas. The term does not include a
19   device designed or used exclusively for the firing of stud
20   cartridges, explosive rivets or similar industrial ammunition.
21      "Private recreation area."    A park, recreation center or pool
22   owned or operated by a private entity.
23      "Public recreation area."    A public park, recreation center
24   or a pool owned or operated by a political subdivision.
25      Section 2.   This act shall take effect in 60 days.




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