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Prohibited Offensive Weapons Laws

Prohibited offensive weapons - 18 Pa. Cons. Stat. § 908

        (a)  Offense defined.--A person commits a misdemeanor of the

     first degree if, except as authorized by law, he makes repairs,

     sells, or otherwise deals in, uses, or possesses any offensive


        (b)  Exceptions.--

            (1)  It is a defense under this section for the defendant

        to prove by a preponderance of evidence that he possessed or

        dealt with the weapon solely as a curio or in a dramatic

        performance, 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.), or that he possessed it

        briefly in consequence of having found it or taken it from an

        aggressor, or under circumstances similarly negativing any

        intent or likelihood that the weapon would be used


            (2)  This section does not apply to police forensic

        firearms experts or police forensic firearms laboratories.

        Also exempt from this section are forensic firearms experts

        or forensic firearms laboratories operating in the ordinary

        course of business and engaged in lawful operation who notify

        in writing, on an annual basis, the chief or head of any

        police force or police department of a city, and, elsewhere,

        the sheriff of a county in which they are located, of the

        possession, type and use of offensive weapons.

            (3)  This section shall not apply to any person who

        makes, repairs, sells or otherwise deals in, uses or

        possesses any firearm for purposes not prohibited by the laws

        of this Commonwealth.

        (c)  Definitions.--As used in this section, the following

     words and phrases shall have the meanings given to them in this


        "Firearm."  Any weapon which is designed to or may readily be

     converted to expel any projectile by the action of an explosive

     or the frame or receiver of any such weapon.

        "Offensive weapons."  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, dagger, knife, razor or

     cutting instrument, the blade of which is exposed in an

     automatic way by switch, push-button, spring mechanism, or

     otherwise, 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.

        (d)  Exemptions.--The use and possession of blackjacks by the

     following persons in the course of their duties are exempt from

     this section:

            (1)  Police officers, as defined by and who meet the

        requirements of the act of June 18, 1974 (P.L.359, No.120),

        referred to as the Municipal Police Education and Training


            (2)  Police officers of first class cities who have

        successfully completed training which is substantially

        equivalent to the program under the Municipal Police

        Education and Training Law.

            (3)  Pennsylvania State Police officers.

            (4)  Sheriffs and deputy sheriffs of the various counties

        who have satisfactorily met the requirements of the Municipal

        Police Education and Training Law.

            (5)  Police officers employed by the Commonwealth who

        have satisfactorily met the requirements of the Municipal

        Police Education and Training Law.

            (6)  Deputy sheriffs with adequate training as determined

        by the Pennsylvania Commission on Crime and Delinquency.

            (7)  Liquor Control Board agents who have satisfactorily

        met the requirements of the Municipal Police Education and

        Training Law.


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