2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 63 - Minors
6304 - Sale and use of air rifles.

     § 6304.  Sale and use of air rifles.
        (a)  Sale or transfer of air rifles.--
            (1)  It shall be unlawful for any dealer to sell, lend,
        rent, give, or otherwise transfer an air rifle to any person
        under the age of 18 years, where the dealer knows, or has
        reasonable cause to believe, the person to be under 18 years
        of age, or where such dealer has failed to make reasonable
        inquiry relative to the age of such person, and such person
        is under 18 years of age.
            (2)  It shall be unlawful for any person to sell, give,
        lend, or otherwise transfer any air rifle to any person under
        18 years of age, except where the relationship of parent and
        child, guardian and ward or adult instructor and pupil exists
        between such person and the person under 18 years of age.
        (b)  Carrying or discharging air rifles.--
            (1)  It shall be unlawful for any person under 18 years
        of age to carry any air rifle on the highways or public lands
        unless accompanied by an adult, except that a person under 18
        years of age may carry such rifle unloaded in a suitable case
        or securely wrapped.
            (2)  It shall be unlawful for any person to discharge any
        air rifle from or across any highway or public land or any
        public place, except on a properly constructed target range.
        (c)  Exceptions.--
            (1)  Nothing in this section shall make it unlawful for
        any person under 18 years of age to have in his possession
        any air rifle, if it is:
                (i)  kept within his domicile;
                (ii)  used by the person under 18 years of age and he
            is a duly enrolled member of any club, team or society
            organized for educational purposes and maintaining as
            part of its facilities or having written permission to
            use an indoor or outdoor rifle range under the
            supervision, guidance and instruction of a responsible
            adult, and then only, if said air rifle is actually being
            used in connection with the activities of said club, team
            or society under the supervision of a responsible adult;
            or
                (iii)  used in or on any private grounds or residence
            under circumstances when such air rifle can be fired,
            discharged or operated in such a manner as not to
            endanger persons or property, and then only, if it is
            used in such manner as to prevent the projectile from
            transversing any grounds or space outside the limits of
            such grounds or residence.
            (2)  Nothing in this section shall prohibit sales of air
        rifles:
                (i)  By wholesale dealers or jobbers.
                (ii)  To be shipped out of this Commonwealth.
                (iii)  To be used at a target range operated in
            accordance with paragraph (1) of this subsection or by
            members of the armed services of the United States or
            veterans' organizations.
        (d)  Seizure.--Any law enforcement officer may seize, take,
     remove or cause to be removed, at the expense of the owner, all
     air rifles used or offered for sale in violation of this
     section.
        (e)  No preemption.--The provisions of any ordinance enacted
     by any political subdivision which impose greater restrictions
     or limitations in respect to the sale and purchase, use or
     possession of air rifles, than is imposed by this section, shall
     not be invalidated or affected by this section.
        (f)  Grading.--Any dealer violating the provisions of
     paragraph (a)(1) of this section shall be guilty of a
     misdemeanor of the third degree. Any person violating any other
     provision of this section shall be guilty of a summary offense.
        (g)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Air rifle."  Any air gun, air pistol, spring gun, spring
     pistol, B-B gun, or any implement that is not a firearm, which
     impels a pellet of any kind with a force that can reasonably be
     expected to cause bodily harm. The term does not include a
     paintball gun or paintball marker as defined in section 2707.2
     (relating to paintball guns and paintball markers).
        "Dealer."  Any person engaged in the business of selling at
     retail or renting any air rifles.
     (Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

        2005 Amendment.  Act 85 amended subsec. (g).
        Cross References.  Section 6304 is referred to in section
     6120 of this title.

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