§ 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, 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 (P.L.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.
(Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984, P.L.647, No.134, eff. 90
days; July 11, 1985, P.L.235, No.58, eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff.
60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days; Nov. 3, 2022, P.L.1782, No.119,
eff. 60 days)
2022 Amendment. Act 119 amended the def. of "offensive weapons" in subsec. (c).
2002 Amendment. Act 132 amended subsec. (c).
References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education
and Training Law, referred to in subsection (d)(1), was repealed by the act of December
19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subchapter D of
Chapter 21 of Title 53 (Municipalities Generally).
Cross References. Section 908 is referred to in section 6105 of this title; section 9774.1 of Title
42 (Judiciary and Judicial Procedure).
Notes of Decisions
Freeman v. Pennsylvania State Police, 2 A.3d 1259 (Pa. Commw. Ct. 2010).
· cites it 12× “The ALJ further analyzed 18 Pa.C.S. § 908 (relating to “Prohibited offensive weapons”) to determine whether the item in Applicant’s possession that gave rise to the New York conviction was properly classified as a prohibitive offensive weapon in Pennsylvania.”
In the Interest of: R.A.F., a Minor, 149 A.3d 63 (Pa. Super. Ct. 2016).
· cites it 11× “In prosecutions for possessing a sawed-off shotgun in violation of 18 Pa. C.S. § 908 (prohibited offensive weapons), should the elements of the offense be based on the specific reference to “sawed-off shotgun” in the statutory definition of “offensive weapon”—“sawed-off shotgun…”
Commonwealth v. Adams, 369 A.2d 479 (Pa. Super. Ct. 1976).
· cites it 10× “334, 18 Pa.C.S. § 908, prohibiting offensive weapons, defines the offense as follows: "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.”
Commonwealth v. Stanley, 401 A.2d 1166 (Pa. Super. Ct. 1979).
· cites it 4× “Commonwealth v. Story, 476 Pa. 391 , 383 A.”
Commonwealth v. Williams, 496 A.2d 31 (Pa. 1985).
· cites it 4× “The firearms offenses appellant committed are defined at 18 Pa.C.S. § 908 ("Prohibited offensive weapons") and id.”
Commonwealth v. Walton, 380 A.2d 1278 (Pa. Super. Ct. 1977).
· cites it 8× “18 Pa. C.S. § 908. [1] At a trial without a jury in the Philadelphia Court of Common Pleas on August 22, 1975, [2] appellant testified that at the time of the arrest, he was en route to his mother's apartment from a center city store where he had purchased the sword cane as an…”
Commonwealth v. Stewart, 495 A.2d 584 (Pa. 1985).
· cites it 7× “1100; (2) in denying his motion to suppress physical evidence; (3) in not granting his motion for mistrial based on the introduction of prior unrelated criminal activity at trial; (4) in refusing appellant’s requested point for charge; and (5) in denying appellant’s motion in…”
Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. Ct. 2014).
“18 Pa.C.S. § 908(a). . Because the trial court did not order the filing of a Rule 1925(b) statement, we will not conduct a waiver inquiry pursuant to Pa.”
New Kensington-Arnold SD v. New Kensington-Arnold Educ. Ass'n, PSEA/NEA, 140 A.3d 726 (Pa. Commw. Ct. 2016).
· cites it 4× “On April 3, 2013, Melnick was arrested 1 for possession of a sawed-off shot gun in violation of Section 908 of the Crimes Code, 18 Pa.C.S. § 908, 2 a misdemeanor of the first degree; possession of 90 grams of marijuana in violation of Section 13(a)(16) of the Controlled…”
Nat'l Rifle Ass'n v. City of Philadelphia, 977 A.2d 78 (Pa. Commw. Ct. 2009).
· cites it 4× “" 18 Pa.C.S. § 908(c). This, the City further asserts, is a permissible exercise of its legislative power enacted "`in aid and furtherance of the purpose of the general law,'" which it deems appropriate to protect the citizens of the City of Philadelphia and the members of the…”
Bacon v. Pennsylvania State Police, 164 A.3d 563 (Pa. Commw. Ct. 2017).
· cites it 8× “Alternatively, Applicant contends, California Penal Code Section 12020 and Section 908 of the Crimes Code, 18 Pa. C.S. § 908 (“Prohibited offensive weapons”) are not equivalent; as such, his conviction is not sufficient to establish a disability under 18 Pa.”
Commonwealth v. McFarland, 382 A.2d 465 (Pa. Super. Ct. 1977).
· cites it 6× “ 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 he possessed it briefly in consequence of having found it or taken it from an…”
— 18 Pa. Cons. Stat. § 908(a) — 29 cases
Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. Ct. 2014).
“18 Pa.C.S. § 908(a). . Because the trial court did not order the filing of a Rule 1925(b) statement, we will not conduct a waiver inquiry pursuant to Pa.”
New Kensington-Arnold SD v. New Kensington-Arnold Educ. Ass'n, PSEA/NEA, 140 A.3d 726 (Pa. Commw. Ct. 2016).
“On April 3, 2013, Melnick was arrested 1 for possession of a sawed-off shot gun in violation of Section 908 of the Crimes Code, 18 Pa.C.S. § 908, 2 a misdemeanor of the first degree; possession of 90 grams of marijuana in violation of Section 13(a)(16) of the Controlled…”
Commonwealth v. McFarland, 382 A.2d 465 (Pa. Super. Ct. 1977).
“ 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 he possessed it briefly in consequence of having found it or taken it from an…”
— 18 Pa. Cons. Stat. § 908(a)(1) — 1 case
— 18 Pa. Cons. Stat. § 908(b) — 3 cases
Commonwealth v. Adams, 369 A.2d 479 (Pa. Super. Ct. 1976).
“334, 18 Pa.C.S. § 908, prohibiting offensive weapons, defines the offense as follows: "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.”
Commonwealth v. Walton, 380 A.2d 1278 (Pa. Super. Ct. 1977).
“18 Pa. C.S. § 908. [1] At a trial without a jury in the Philadelphia Court of Common Pleas on August 22, 1975, [2] appellant testified that at the time of the arrest, he was en route to his mother's apartment from a center city store where he had purchased the sword cane as an…”
— 18 Pa. Cons. Stat. § 908(b)(1) — 3 cases
— 18 Pa. Cons. Stat. § 908(c) — 21 cases
In the Interest of: R.A.F., a Minor, 149 A.3d 63 (Pa. Super. Ct. 2016).
“In prosecutions for possessing a sawed-off shotgun in violation of 18 Pa. C.S. § 908 (prohibited offensive weapons), should the elements of the offense be based on the specific reference to “sawed-off shotgun” in the statutory definition of “offensive weapon”—“sawed-off shotgun…”
Nat'l Rifle Ass'n v. City of Philadelphia, 977 A.2d 78 (Pa. Commw. Ct. 2009).
“" 18 Pa.C.S. § 908(c). This, the City further asserts, is a permissible exercise of its legislative power enacted "`in aid and furtherance of the purpose of the general law,'" which it deems appropriate to protect the citizens of the City of Philadelphia and the members of the…”
Commonwealth v. Williams, 496 A.2d 31 (Pa. 1985).
“The firearms offenses appellant committed are defined at 18 Pa.C.S. § 908 ("Prohibited offensive weapons") and id.”
Commonwealth v. Stewart, 495 A.2d 584 (Pa. 1985).
“1100; (2) in denying his motion to suppress physical evidence; (3) in not granting his motion for mistrial based on the introduction of prior unrelated criminal activity at trial; (4) in refusing appellant’s requested point for charge; and (5) in denying appellant’s motion in…”
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