How HB 2855 changes current law

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in inchoate crimes, further providing for prohibited offensive weapons and for use or possession of electric or electronic incapacitation device. · Pennsylvania

How this bill changes current law

3 changes

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The bill amends existing laws regarding prohibited offensive weapons and the use of electric or electronic incapacitation devices in Pennsylvania.

  • 18 Pa.C.S. § 908(b)(1)

    [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.)]

    Removes the exception related to compliance with the National Firearms Act as a defense in the possession of prohibited weapons.

  • 18 Pa.C.S. § 908(c)

    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, 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. → Includes: (1) Any bomb, grenade, blackjack, sandbag or metal knuckles. (2) Any machine gun, sawed-off shotgun with a barrel less than 18 inches or firearm specially made or specially adapted for concealment or silent discharge, unless possessed in compliance with: (i) Chapter 61 (relating to firearms and other dangerous articles); and (ii) applicable Federal law, including the National Firearms Act (26 U.S.C. § 5801 et seq.) to the extent required by law. (3) Unless possessed in compliance with section 908.1 (relating to use or possession of electric or electronic incapacitation device), any stun gun, stun baton, taser or other electronic or electric weapon. (4) Any other implement for the infliction of serious bodily injury which serves no common lawful purpose.

    Revises the definition of offensive weapons to include a list of specific items and clarifies conditions under which certain firearms are exempt.

  • 18 Pa.C.S. § 908.1(b)

    [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]

    Eliminates the requirement for electric or electronic incapacitation devices to have written instructions for their use and related damages for self-defense.

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