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Possession of firearm or other dangerous weapon in court facility - 18 Pa. Cons. Stat. § 913Legal Research Home > Pennsylvania Statutes
§ 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.
(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 and 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).
(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 magisterial
district judge; 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.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; Dec. 15, 1999,
P.L.915, No.59, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
eff. 60 days)
2004 Amendment. Act 207 amended the def. of "court facility"
in subsec. (f). See sections 28 and 29 of Act 207 in the
appendix to this title for special provisions relating to
applicability and construction of law.
1999 Amendment. Act 59 amended subsec. (e).
1995 Amendments. Act 17, 1st Sp.Sess., added section 913 and
Act 66 amended subsecs. (c) and (e). See the preamble to Act 17,
1st Sp.Sess., in the appendix to this title for special
provisions relating to legislative purpose.
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Last modified: November 27, 2007 |