Pennsylvania HB 1114: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in inchoate crimes, prohibiting the possession of firearm at polling place.

Bill Text

PRINTER'S NO. 1236
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1114
Session of
2025
INTRODUCED BY BRENNAN, DALEY, VENKAT, MADDEN, NEILSON, HILL-
EVANS, KINKEAD, PIELLI, HOHENSTEIN, RIVERA, FREEMAN,
MALAGARI, SANCHEZ, KHAN, D. WILLIAMS, CARROLL AND SHUSTERMAN,
APRIL 3, 2025
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 2025
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in inchoate crimes, prohibiting the
possession of firearm at polling place.
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:
§ 914. Possession of firearm at polling place.
(a) Offense defined.--Except as provided under subsections
(c) and (d)(2), a person commits an offense if the person:
(1) knowingly possesses a firearm in any building, real
property or parking area of a polling place holding an
election;
(2) knowingly possesses a firearm in any building, real
property or parking area of a polling place holding an
election with the intent of using the firearm in the
commission of a crime; or
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(3) knowingly causes a firearm to be used in the
commission of a crime in any building, real property or
parking area of a polling place holding an election.
(b) Grading.--
(1) An offense committed under subsection (a)(1) shall
constitute a misdemeanor of the third degree.
(2) An offense committed under subsection (a)(2) or (3)
shall constitute a misdemeanor of the first degree.
(c) Exceptions.--Subsection (a) shall not apply to the
following:
(1) The lawful performance of official duties by an
officer, agent or employee of the Federal Government, the
Commonwealth or a political subdivision of the Commonwealth
who is authorized 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 law
enforcement officer.
(3) The concealment of a firearm inside a vehicle by a
person who:
(i) possesses a valid and lawfully issued license to
carry a firearm; and
(ii) owns the firearm.
(4) The concealment of a firearm by a member of the
Army, Navy, Marine Corps, Air Force or Coast Guard of the
United States or the National Guard or organized reserves
when on duty.
(d) Posting of notice.--
(1) Notice of the provisions of subsections (a), (b) and
(c) shall be posted conspicuously at each public entrance of
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a building where a polling place is located during an
election.
(2) A person shall not be convicted of an offense under
subsection (a)(1) or (2) if the polling place fails to meet
the notice requirements under paragraph (1).
(e) 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:
"Election." A general, municipal, special or primary
election as authorized under the act of June 3, 1937 (P.L.1333,
No.320), known as the Pennsylvania Election Code.
"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.
"Law enforcement officer." As the term "peace officer" is
defined in section 501 (relating to definitions).
"Polling place." The room provided in each election district
for voting during an election.
Section 2. This act shall take effect in 60 days.
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