Pennsylvania Uniform Firearms Act

    Title 18, 505. Use of Force in Self-Protection.

    (a)            Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

    (b)            Limitations on justifying necessity for use of force. —

    • (1)            The use of force is not justifiable under this section:
      • (i)            to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
      • (ii)            to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
        • (A)            the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
        • (B)            the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or
        • (C)            the actor believes that such force is necessary to protect himself against death or serious bodily injury.
    • (2)            The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
      • (i)            the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
      • (ii)            the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
        • (A)            the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and
        • (B)            a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
  • (3)            Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.
  • (c)            Use of confinement as protective force. — The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

 

Title 18, 506. Use of Force for the Protection of Other Persons.

(a)            General rule. — The use of force upon or toward the person of another is justifiable to protect a third person when:

  • (1)            the actor would be justified under section 505 of this title (relating to use of force in self-protection) in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
  • (2)            under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
  • (3)            the actor believes that his intervention is necessary for the protection of such other person.
  • (b)            Exceptions.—Notwithstanding subsection (a) of this section:
  • (1)            When the actor would be obliged under section 505 of this title to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person.
  • (2)            When the person whom the actor seeks to protect would be obliged under section 505 of this title to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way.
  • (3)            Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the dwelling, or place of work of the other to any greater extent than in his own.
  •  

Title 18, 507. Use of Force for the Protection of Property.

(a)            Use of force justifiable for protection of property. —The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

  • (1)            to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
  • (2)            to effect an entry or reentry upon land or to retake tangible movable property, if:
    • (i)            the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
    • (ii)—
      • (A)            the force is used immediately or on fresh pursuit after such dispossession; or
      • (B)            the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
  • (b)            Meaning of possession. — For the purpose of subsection (a) of this section:
  • (1)            A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.
  • (2)            A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.
  • (3)            A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.
  • (c)            Limitations on justifiable use of force. —
  • (1)            The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
    • (i)            such request would be useless;
    • (ii)            it would be dangerous to himself or another person to make the request; or
    • (iii) substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
  • (2)            The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.
  • (3)            The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:
    • (i)            the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and
    • (ii)            it is otherwise justifiable under subsection (a)(2).
  • *(4)(i) The use of deadly force is justifiable under this section if:
    • (A)            there has been an entry into the actor’s dwelling;
    • (B)            the actor neither believes nor has reason to believe that the entry is lawful; and
    • (C)            the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
  • (ii)            If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
    • (A)            the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
    • (B)            such force is necessary to prevent the commission of a felony in the dwelling.
  • (d)            Use of confinement as protective force. — The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.

(e)            Use of device to protect property. —The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:

  • (1)            the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;
  • (2)            the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and
  • (3)            the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
  • (f)            Use of force to pass wrongful obstructor. — The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:
  • (1)            the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;
  • (2)            the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and
  • (3)            the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.
  • *(Chgd. by L.1980, Act 1980-235; eff. 12/19/80.)

 

907.          Possessing instruments of crime.

(a)     Criminal instruments generally.-A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

(b)          Possession of weapon.-A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c)     Unlawful body armor.-A person commits a felony of the third degree if in the course of the commission of a felony, or in the attempt to commit a felony, he uses or wears body armor or has in his control, custody or possession any body armor.

(d)          Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Body armor." Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material, or combination of materials, made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument, or any other weapon.

"Instrument of crime." Any of the following:

(1)   Anything specially made or specially adapted for criminal use.

(2)     Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

"Weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

908.            Prohibited offensive weapons.

(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 weapon.

(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 unlawfully.

(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 subsection:

"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 (PL. 359, No. 120), referred to as the Municipal Police Education and Training Law.

(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.

(Chgd. by L.2002, Act 132(1), eff. 1/5/2003.)

908.1. Use or possession of electric or electronic incapacitation device.

(a)     Offense defined.-Except as set forth in subsection (b), a person commits an offense if the person does any of the following:

(1)        Uses an electric or electronic incapacitation device on another person for an unlawful purpose.

(2)            Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.

(b)     Self defense.-A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property, pursuant to Chapter 5 (relating to general principles of justification), if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.

(c)          Prohibited possession.-No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.

(d)     Grading.-An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.

(e)          Exceptions.-Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison, or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.

(f)          Definition.-As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

(Added by L.2002, Act 132(2), eff. 1/5/2003.) 

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