1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, providing for an offense relating to assault
4weapons and large capacity magazines.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 18 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 6105.2. Assault weapons and large capacity magazines.

10(a) Offense defined.--Except as otherwise provided in
11subsection (b), no person shall possess, manufacture, import,
12sell or transfer any class 1 assault weapon or large capacity
13magazine.

14(b) Exceptions.--The provisions of subsection (a) shall not
15apply to:

16(1) Constables, sheriffs, prison or jail wardens, or
17their deputies, policemen of this Commonwealth or its
18political subdivisions or other law enforcement officers.

19(2) Members of the Army, Navy, Marine Corps, Air Force

1or Coast Guard of the United States or of the National Guard
2or organized reserves when they are on duty.

3(3) Officers or employees of the United States duly
4authorized to carry a concealed firearm.

5(c) Grading.--

6(1) Except as otherwise provided in paragraph (2), a
7person who violates this section commits a misdemeanor of the
8first degree.

9(2) A second or subsequent offense under this section
10shall be graded as a felony of the third degree.

11(d) Definitions.--As used in this section, the following
12words and phrases shall have the meanings given to them in this
13subsection unless the context clearly indicates otherwise:

14"Class 1 assault weapon." Any of the following:

15(1) A semiautomatic center fire rifle capable of
16accepting detachable magazines and a pistol grip protruding
17conspicuously below the weapon's action, a thumbhole stock or
18folding or telescopic stock; a flash suppressor, grenade
19launcher or flare launcher; or a forward pistol grip.

20(2) A semiautomatic center fire rifle with overall
21length of less than 30 inches.

22(3) A semiautomatic center fire rifle with a fixed
23magazine capable of holding over ten rounds of ammunition.

24(4) A semiautomatic pistol capable of accepting
25detachable magazines and a threaded barrel; a second
26handgrip; a capacity to accept a detachable magazine at some
27location outside the pistol grip; or a shroud attached to, or
28partially or completely encircling, the barrel allowing the
29bearer to fire the weapon without burning the bearer's hand,
30except for a slide enclosing the barrel.

1(5) A semiautomatic pistol with a fixed magazine having
2the capacity to accept over ten rounds.

3(6) A semiautomatic shotgun having a folding or
4telescoping stock; a pistol grip protruding conspicuously
5beneath the action of the weapon, a thumbhole stock or a
6vertical handgrip.

7(7) A semiautomatic shotgun with the ability to accept
8detachable magazines.

9(8) A shotgun with a revolving cylinder.

10"Large capacity magazine." Any detachable ammunition feeding
11device with the capacity to accept more than ten rounds of
12ammunition. The term does not include any of the following:

13(1) a feeding device that has been permanently altered
14so that it cannot accommodate more than ten rounds;

15(2) a .22 caliber tube ammunition feeding device; or

16(3) a tubular magazine that is contained in a lever
17action firearm.

18Section 2. This act shall take effect in 60 days.