Pennsylvania SB 435 Outlawing Large Capacity Magazines and Semi Automatic Weapons
- by: Dawn Sloan
- recipient: Pennsylvania Senate
This Senate Bill is up for vote in the Pennsylvania Senate. Should this bill pass, it will make owning a high capacity magazine or various semi - automatic rifles illegal creating this to be punishable as a felony in the third degree. Please see below for the bill that is being introduced for vote:
INTRODUCED BY FARNESE, WASHINGTON, STACK, WILLIAMS, COSTA, FONTANA, ERICKSON AND HUGHES, FEBRUARY 5, 2013
REFERRED TO JUDICIARY, FEBRUARY 5, 2013
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, providing for an offense relating to assault weapons and large capacity magazines.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:
§ 6105.2. Assault weapons and large capacity magazines.
(a) Offense defined.--Except as otherwise provided in subsection (b), no person shall possess, manufacture, import, sell or transfer any class 1 assault weapon or large capacity magazine.
(b) Exceptions.--The provisions of subsection (a) shall not apply to:
(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions or other law enforcement officers.
(2) Members of the Army, Navy, Marine Corps, Air Force or Coast Guard of the United States or of the National Guard or organized reserves when they are on duty.
(3) Officers or employees of the United States duly authorized to carry a concealed firearm.
(1) Except as otherwise provided in paragraph (2), a person who violates this section commits a misdemeanor of the first degree.
(2) A second or subsequent offense under this section shall be graded as a felony of the third degree.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Class 1 assault weapon." Any of the following:
(1) A semiautomatic center fire rifle capable of accepting detachable magazines and a pistol grip protruding conspicuously below the weapon's action, a thumbhole stock or folding or telescopic stock; a flash suppressor, grenade launcher or flare launcher; or a forward pistol grip.
(2) A semiautomatic center fire rifle with overall length of less than 30 inches.
(3) A semiautomatic center fire rifle with a fixed magazine capable of holding over ten rounds of ammunition.
(4) A semiautomatic pistol capable of accepting detachable magazines and a threaded barrel; a second handgrip; a capacity to accept a detachable magazine at some location outside the pistol grip; or a shroud attached to, or partially or completely encircling, the barrel allowing the bearer to fire the weapon without burning the bearer's hand, except for a slide enclosing the barrel.
(5) A semiautomatic pistol with a fixed magazine having the capacity to accept over ten rounds.
(6) A semiautomatic shotgun having a folding or telescoping stock; a pistol grip protruding conspicuously beneath the action of the weapon, a thumbhole stock or a vertical handgrip.
(7) A semiautomatic shotgun with the ability to accept detachable magazines.
(8) A shotgun with a revolving cylinder.
"Large capacity magazine." Any detachable ammunition feeding device with the capacity to accept more than ten rounds of ammunition. The term does not include any of the following:
(1) a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds;
(2) a .22 caliber tube ammunition feeding device; or
(3) a tubular magazine that is contained in a lever action firearm.
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