THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROHRER, TALLMAN, BAKER, BENNINGHOFF, BOYD, BROOKS,

CAUSER, CHRISTIANA, CLYMER, CUTLER, DENLINGER, EVERETT,

FAIRCHILD, FLECK, GABLER, GEIST, GIBBONS, GINGRICH, GODSHALL,

GROVE, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK,

KRIEGER, MARSHALL, METCALFE, METZGAR, MOUL, MUSTIO, O'NEILL,

PETRARCA, PHILLIPS, PICKETT, QUIGLEY, RAPP, READSHAW, REED,

ROAE, ROCK, SOLOBAY, SONNEY, STEVENSON, SWANGER, TRUE, TURZAI

AND VULAKOVICH, SEPTEMBER 18, 2009

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 2009  

AN ACT

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Prohibiting certain firearms, firearm accessories or ammunition

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from being subject to Federal law or Federal regulation.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Firearms

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Freedom Act.

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Section 2.  Findings and declarations.

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The General Assembly finds and declares as follows:

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(1)  The 10th Amendment to the Constitution of the United

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States guarantees to the states and their people all powers

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not granted to the Federal Government elsewhere in the

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Constitution and reserves to the Commonwealth and people of

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Pennsylvania certain powers as they were understood at the

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time that Pennsylvania was admitted to statehood in 1787. The

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guaranty of those powers is a matter of contract between the

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Commonwealth and people of Pennsylvania and the United States

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as of the time that the compact with the United States was

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agreed upon and adopted by Pennsylvania and the United States

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in 1787.

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(2)  The 9th Amendment to the Constitution of the United

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States guarantees to the people rights not granted in the

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Constitution and reserves to the people of Pennsylvania

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certain rights as they were understood at the time that

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Pennsylvania was admitted to statehood in 1787. The guaranty

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of those rights is a matter of contract between the

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Commonwealth and people of Pennsylvania and the United States

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as of the time that the compact with the United States was

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agreed upon and adopted by Pennsylvania and the United States

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in 1787.

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(3)  The regulation of intrastate commerce is vested in

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the states under the 9th and 10th Amendments to the

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Constitution of the United States, particularly if not

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expressly preempted by Federal law. Congress has not

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expressly preempted state regulation of intrastate commerce

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pertaining to the manufacture on an intrastate basis of

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firearms, firearms accessories and ammunition.

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(4)  The 2nd Amendment to the Constitution of the United

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States reserves to the people the right to keep and bear arms

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as that right was understood at the time that Pennsylvania

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was admitted to statehood in 1787, and the guaranty of the

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right is a matter of contract between the Commonwealth and

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people of Pennsylvania and the United States as of the time

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that the compact with the United States was agreed upon and

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adopted by Pennsylvania and the United States in 1787.

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(5)  Section 21 of Article I of the Constitution of

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Pennsylvania clearly secures to Pennsylvania citizens, and

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prohibits government interference with, the right of

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individual Pennsylvania citizens to keep and bear arms.

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Borders of Pennsylvania."  The geographic boundaries of

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Pennsylvania.

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"Firearms accessories."  Items that are used in conjunction

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with or mounted on a firearm but are not essential to the basic

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function of a firearm.

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"Generic and insignificant parts."  The term includes

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springs, screws, nuts and pins.

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"Manufactured."  The creation of a firearm, a firearm

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accessory or ammunition from basic materials for functional

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usefulness.

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Section 4.  Prohibitions.

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(a)  Federal law.--A personal firearm, a firearm accessory or

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ammunition that is manufactured commercially or privately in

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Pennsylvania and that remains within the borders of Pennsylvania

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shall not be subject to Federal law or Federal regulation,

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including registration, under the authority of Congress to

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regulate interstate commerce.

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(b)  Applicability.--This section shall apply to a firearm, a

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firearm accessory or ammunition that is manufactured in

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Pennsylvania from basic materials and that can be manufactured

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without the inclusion of any significant parts imported from

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another state. Generic and insignificant parts that have other

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manufacturing or consumer accessories or ammunition, and their

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importation into Pennsylvania and incorporation into a firearm,

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a firearm accessory or ammunition manufactured in Pennsylvania

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shall not subject the firearm, firearm accessory or ammunition

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to federal regulation.

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(c)  Declarations.--The General Assembly declares as follows:

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(1)  That a personal firearm, a firearm accessory or

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ammunition that is manufactured commercially or privately in

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Pennsylvania and that remains within the borders of

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Pennsylvania has not traveled in interstate commerce.

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(2)  That basic materials are not subject to

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Congressional authority to regulate firearms, firearms

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accessories and ammunition under interstate commerce as if

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they were actually firearms, firearms accessories or

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ammunition and that the authority of Congress to regulate

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interstate commerce in basic materials does not include

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authority to regulate firearms, firearms accessories and

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ammunition made in Pennsylvania from those materials.

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Firearms accessories that are imported into Pennsylvania from

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another state and that are subject to Federal regulation as

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being in interstate commerce do not subject a firearm to

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Federal regulation under interstate commerce because they are

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attached to or used in conjunction with a firearm in

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Pennsylvania.

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(d)  Exceptions.--This section shall not apply to any of the

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following:

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(1)  A firearm that cannot be carried and used by one

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person.

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(2)  A firearm that has a bore diameter greater than 1

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and 1/2 inches and that uses smokeless powder, not black

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powder, as a propellant.

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(3)  Ammunition with a projectile that explodes using an

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explosion of chemical energy after the projectile leaves the

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firearm.

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(4)  A firearm that discharges two or more projectiles

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with one activation of the trigger or other firing device.

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Section 5.  Marketing of firearms.

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A firearm manufactured or sold in Pennsylvania under this act

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must have the words "Made in Pennsylvania" clearly stamped on a

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central metallic part.

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Section 6.  Applicability.

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This act shall apply to firearms, firearms accessories and

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ammunition that are manufactured and retained in Pennsylvania

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after October 1, 2009.

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Section 20.  Effective date.

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This act shall take effect in 60 days.