2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 9 - Inchoate Crimes
913 - Possession of firearm or other dangerous weapon in court facility.

     § 913.  Possession of firearm or other dangerous weapon in court
                facility.
        (a)  Offense defined.--A person commits an offense if he:
            (1)  knowingly possesses a firearm or other dangerous
        weapon in a court facility or knowingly causes a firearm or
        other dangerous weapon to be present in a court facility; or
            (2)  knowingly possesses a firearm or other dangerous
        weapon in a court facility with the intent that the firearm
        or other dangerous weapon be used in the commission of a
        crime or knowingly causes a firearm or other dangerous weapon
        to be present in a court facility with the intent that the
        firearm or other dangerous weapon be used in the commission
        of a crime.
        (b)  Grading.--
            (1)  Except as otherwise provided in paragraph (3), an
        offense under subsection (a)(1) is a misdemeanor of the third
        degree.
            (2)  An offense under subsection (a)(2) is a misdemeanor
        of the first degree.
            (3)  An offense under subsection (a)(1) is a summary
        offense if the person was carrying a firearm under section
        6106(b) (relating to firearms not to be carried without a
        license) or 6109 (relating to licenses) and failed to check
        the firearm under subsection (e) prior to entering the court
        facility.
        (c)  Exceptions.--Subsection (a) shall not apply to:
            (1)  The lawful performance of official duties by an
        officer, agent or employee of the United States, the
        Commonwealth or a political subdivision who is authorized by
        law to engage in or supervise the prevention, detection,
        investigation or prosecution of any violation of law.
            (2)  The lawful performance of official duties by a court
        official.
            (3)  The carrying of rifles and shotguns by instructors
        and participants in a course of instruction provided by the
        Pennsylvania Game Commission under 34 Pa.C.S. § 2704
        (relating to eligibility for license).
            (4)  Associations of veteran soldiers and their
        auxiliaries or members of organized armed forces of the
        United States or the Commonwealth, including reserve
        components, when engaged in the performance of ceremonial
        duties with county approval.
            (5)  The carrying of a dangerous weapon or firearm
        unloaded and in a secure wrapper by an attorney who seeks to
        employ the dangerous weapon or firearm as an exhibit or as a
        demonstration and who possesses written authorization from
        the court to bring the dangerous weapon or firearm into the
        court facility.
        (d)  Posting of notice.--Notice of the provisions of
     subsections (a) and (e) shall be posted conspicuously at each
     public entrance to each courthouse or other building containing
     a court facility and each court facility, and no person shall be
     convicted of an offense under subsection (a)(1) with respect to
     a court facility if the notice was not so posted at each public
     entrance to the courthouse or other building containing a court
     facility and at the court facility unless the person had actual
     notice of the provisions of subsection (a).
        (e)  Facilities for checking firearms or other dangerous
     weapons.--Each county shall make available at or within the
     building containing a court facility by July 1, 2002, lockers or
     similar facilities at no charge or cost for the temporary
     checking of firearms by persons carrying firearms under section
     6106(b) or 6109 or for the checking of other dangerous weapons
     that are not otherwise prohibited by law. Any individual
     checking a firearm, dangerous weapon or an item deemed to be a
     dangerous weapon at a court facility must be issued a receipt.
     Notice of the location of the facility shall be posted as
     required under subsection (d).
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Court facility."  The courtroom of a court of record; a
     courtroom of a community court; the courtroom of a magisterial
     district judge; a courtroom of the Philadelphia Municipal Court;
     a courtroom of the Pittsburgh Magistrates Court; a courtroom of
     the Traffic Court of Philadelphia; judge's chambers; witness
     rooms; jury deliberation rooms; attorney conference rooms;
     prisoner holding cells; offices of court clerks, the district
     attorney, the sheriff and probation and parole officers; and any
     adjoining corridors.
        "Dangerous weapon."  A bomb, grenade, blackjack, sandbag,
     metal knuckles, dagger, knife (the blade of which is exposed in
     an automatic way by switch, push-button, spring mechanism or
     otherwise) or other implement for the infliction of serious
     bodily injury which serves no common lawful purpose.
        "Firearm."  Any weapon, including a starter gun, which will
     or is designed to expel a projectile or projectiles by the
     action of an explosion, expansion of gas or escape of gas. The
     term does not include any device designed or used exclusively
     for the firing of stud cartridges, explosive rivets or similar
     industrial ammunition.
     (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
     Nov. 22, 1995, P.L.621, No.66, eff. imd.; Dec. 15, 1999,
     P.L.915, No.59, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207,
     eff. 60 days)

        2004 Amendment.  Act 207 amended the def. of "court facility"
     in subsec. (f). See sections 28 and 29 of Act 207 in the
     appendix to this title for special provisions relating to
     applicability and construction of law.
        1999 Amendment.  Act 59 amended subsec. (e).
        1995 Amendments.  Act 17, 1st Sp.Sess., added section 913 and
     Act 66 amended subsecs. (c) and (e). See the preamble to Act 17,
     1st Sp.Sess., in the appendix to this title for special
     provisions relating to legislative purpose.