Need information on people harmed by Pennsylvania 908 Prohibted Offensive Weapons
by Jerry
(Lebanon, PA)
Hello, We are hoping to introduce legislation in 2011 to reform 18 PACS 908 Prohibited Offensive Weapons. Most of the items listed have legitimate defensive and sporting uses. The last line in the list of prohibited weapons "other implement for the infliction of serious bodily injury which serves no common lawful purpose." gives police, DAs, and MDJs virtually unlimited authority to interpret anything as a Prohibited Offensive Weapon.
As if this wasn't bad enough, Pennsylvania has no state preemption of laws regarding weapons other than firearms. This means that every local municipality can create and enforce it's own laws about every weapon except firearms. This results in a patchwork of ever changing laws which are impossible to know and keep up with.
I need your help. I need information about actual cases in which a person has suffered because of 18 PACS 908. I need cases in which the only crime was the 908 offense, or any other extra charges (such as Disorderly Conduct) were ultimately dropped or aquitted.
My e mail is thecrmsnpyrut at aol dot com
Comments for
Need information on people harmed by Pennsylvania 908 Prohibted Offensive Weapons
Criminal Possession Of A Weapon Charge by: Anonymous
I was reading the comment on the offensive weapon charges in pa, i have a story for you, to make a long story short, i am from long island NY. i had a criminal weapons charge 20 yrs ago in NY, i paid a fine and was on my way, it was a plastic stick in my car, i was pulled over for running a stop sign, the cop saw the stick he took it from me and i showed up in court facing a class misdemeanor 4th degree, it was reduced to a class b misdemeanor i paid a fine of 100.00 that was it, i moved to pa 5 yrs ago, i went to purchase a handgun, it was delayed, so 15 days later still no answer, so i filled out a challenge form sent to pa state police, i get a letter from them 5 days later , it was not denied still pending, it was showing criminal possession of a weapon from NY 20 yrs ago, they told me they need to see more info about it, i know the misdemeanor don't have any effect of my getting the gun, they told me if the weapon falls under section 908 and 6105, i will be denied, makes no sense i wasn't using the weapon on anyone just in my car..... so i guess pa can deny you for having a offensive weapon??? crazy! by the way this is my only run in with the law,