THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL
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1 PRINTER'S NO. 1 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 1 Session of 01 INTRODUCED BY GAINEY, DEAN, O'BRIEN, BULLOCK, KINSEY, McNEILL, V. BROWN, FRANKEL, SCHLOSSBERG, McCARTER, KIM, STURLA, McCLINTON, THOMAS, J. HARRIS, YOUNGBLOOD, WHEATLEY, HILL- EVANS AND COMITTA, JANUARY, 01 REFERRED TO COMMITTEE ON JUDICIARY, JANUARY, 01 AN ACT Amending Title 1 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, prohibiting certain assault weapons. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Title 1 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:.1. Certain assault weapons prohibited. (a) Offense defined.--except as provided in subsection (b), a person may not: (1) Possess, use, control, sell, deliver, transfer or manufacture an assault weapon. () Obtain a license for an act under paragraph (1). (b) Exception.--Subsection (a) shall not apply to: (1) A member of the armed forces of the United States, including National Guard and reserve components, a law enforcement officer or other public safety officer while
2 performing official duties or traveling to or from an authorized place of duty if possession of the assault weapon is authorized under applicable statute, regulation or military or law enforcement policy. () A person authorized under applicable statute, regulation or military or law enforcement policy to perform an act under subsection (a)(1) for the purpose of ensuring that an individual under paragraph (1) obtains an assault weapon. () A person lawfully owning or otherwise possessing an assault weapon before the effective date of this section. (c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Assault weapon." Any of the following, but not including any firearm modified to render it permanently inoperable: (1) A selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or a firearm that has the ability to accept a large capacity magazine. () Any of the following semiautomatic firearms: (i) Algimec Agmi. (ii) Armalite AR-. (iii) Australian Automatic Arms SAP Pistol. (iv) Auto-Ordnance Thompson type. (v) Avtomat Kalashnikov AK- type. (vi) Barrett Light-Fifty model A1. (vii) Beretta AR-0. (viii) Bushmaster Auto Rifle and Auto Pistol. (ix) Calico models M-00, M-0 and 0-P. 0HB01PN01 - -
3 (x) Chartered Industries of Singapore SR-. (xi) Colt AR-1 and Sporter. (xii) Daewoo K-1, K-, Max-1 and Max-. (xiii) Ecom MK-IV, MP- and MP-. (xiv) Fabrique Nationale FN/FAL, FN/LAR or FN/FNC. (xv) FAMAS MAS. (xvi) Feather AT- and Mini-AT. (xvii) Federal XC-00 and XC-0. (xviii) Franchi SPAS-1 and Law-1. (xix) Galil AR and ARM. (xx) Goncz High-Tech Carbine and High-Tech Long Pistol. (xxi) Heckler & Koch HK-1, HK-, HK- and SP-. (xxii) Holmes MP-. (xxiii) Intratec TEC- and Scorpion. (xxiv) Iver Johnson Enforcer model 000. (xxv) MAC-, MAC- and MAC- Carbine type. (xxvi) Ruger Mini-1/F folding stock model only. (xxvii) Scarab Skorpion. (xxviii) SIG AMT and 00 series. (xxix) Spectre Auto Carbine and Auto Pistol. (xxx) Springfield Armory BM, SAR- and G-. (xxxi) Sterline MK- and MK-. (xxxii) Steyr AUG. (xxxiii) Street Sweeper and Striker 1 revolving cylinder shotguns. (xxxiv) USAS-1. (xxxv) UZI Carbine, Mini-Carbine and Pistol. (xxxvi) Weaver Arms Nighthawk. (xxxvii) Wilkinson "Linda" Pistol. 0HB01PN01 - -
4 () A semiautomatic firearm not specifically listed in paragraph () that meets any of the following criteria: (i) The firearm is a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon. (C) A bayonet mount. (D) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. (E) A grenade launcher. (ii) The firearm is a semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following: (A) An ammunition magazine that attaches to the pistol outside of the pistol grip. (B) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer. (C) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned. (D) A manufactured weight of 0 ounces or more when the pistol is unloaded. (E) A semiautomatic version of an automatic firearm. (iii) The firearm is a semiautomatic shotgun that has at least two of the following: 0HB01PN01 - -
5 (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon. (C) A fixed magazine capacity in excess of five rounds. (D) An ability to accept a detachable magazine. () A part or combination of parts designed or intended to convert a firearm into an assault weapon or any combination of parts from which an assault weapon may be rapidly assembled if those parts are in possession or under the control of the same person. This paragraph shall not apply to unassembled parts or a combination of parts possessed by a dealer licensed under this chapter or a person employed by that dealer, which are used to repair or service a lawfully possessed firearm. "Large capacity magazine." A firearm magazine, belt, drum, feed strip or similar device that has the capacity of, or can be readily restored or converted to accept, more than rounds of ammunition but does not include: (1) A feeding device that has been permanently altered so that it cannot accommodate more than rounds of ammunition. () A. caliber tube ammunition feeding device. () A tubular magazine that is contained in a leveraction firearm. () A magazine that is permanently inoperable. Section. This act shall take effect in 0 days. 0HB01PN01 - -
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