1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, providing for firearms permitted in vehicles.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Title 75 of the Pennsylvania Consolidated
6Statutes is amended by adding a section to read:

7§ 3355. Firearms permitted in vehicles.

8(a)  General rule.--A business entity, owner or legal
9possessor of property or public or private employer may not
10establish, maintain or enforce a policy or rule that prohibits
11or has the effect of prohibiting a person with a valid
12Pennsylvania license to carry firearms from transporting or
13storing a firearm in a vehicle when the vehicle is in a location
14where it is otherwise permitted to be and:

15(1)  the firearm remains inside the person's attended,
16privately owned vehicle; or

17(2)  the firearm is locked out of sight within the trunk,
18glove box or other enclosed compartment or container within

1or on the person's privately owned vehicle.

2(b)  Civil actions.--A person who is injured or incurs
3damages as a result of a violation of subsection (a), or his
4survivors, may bring a civil action in the appropriate court
5against a business entity, owner or legal possessor of property
6or public or private employer who committed or caused the
7violation. A person who is denied the opportunity to transport
8or store a firearm by a policy or rule prohibited by subsection
9(a) may bring a civil action in the appropriate court to enjoin
10a business entity, owner or legal possessor of property or
11public or private employer from violating subsection (a). In an
12action brought pursuant to this section, reasonable attorney
13fees and court costs shall be awarded to the prevailing party.

14(c)  Recovery for terminated employees.--An employee
15discharged by a public or private employer for a violation of a
16policy or rule prohibited under subsection (a) is entitled to
17all of the following:

18(1)  Reinstatement to the same position held at the time
19of the employee's termination from employment or to an
20equivalent position.

21(2)  Reinstatement of the employee's full fringe benefits
22and seniority rights.

23(3)  Compensation for lost wages, benefits or other lost
24remuneration caused by the termination.

25(4)  Payment of reasonable attorney fees and court costs
26incurred.

27If the demand for recovery has not been satisfied within 45
28calendar days, the employee may bring a civil action in the
29appropriate court against the public or private employer and
30shall be awarded the remedies provided for in paragraphs (1),

1(2), (3) and (4).

2(d)  No liability for businesses or property owners.--No
3business entity, owner or legal possessor of property or public
4or private employer may be held liable in a civil action for
5damages, injuries or death resulting from or arising out of
6another person's actions involving a firearm transported or
7stored pursuant to subsection (a), including the theft of a
8firearm from an employee's or invitee's automobile, unless the
9business entity, owner or legal possessor of property or public
10or private employer intentionally solicited or procured the
11injurious actions.

12(e)  Inapplicability.--The prohibitions in subsection (a)
13shall not apply in any of the following circumstances:

14(1)  The vehicle is on the grounds of an owner-occupied
15single-family detached residence or a tenant-occupied single-
16family detached residence.

17(2)  The vehicle is on property where the possession of
18firearms is expressly prohibited by Federal or State law.

19(3)  The business entity, owner or legal possessor of
20property or public or private employer reasonably believes
21that the person is in illegal possession of the firearm,
22provided that a belief based on a mistake of law shall not be
23considered reasonable for purposes of this section.

24(4)  The person is an employee operating an employer-
25owned vehicle during and in the course of the employee's
26duties on behalf of the employer.

27(f)  Section to be liberally construed.--It is the intent of
28this section to reinforce and protect the right of each citizen
29to lawfully transport and store firearms within the person's
30private vehicle for lawful purposes in any place where the

1vehicle is otherwise permitted. This section shall be liberally
2construed to enable this purpose.

3(g)  Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection unless the context clearly indicates otherwise:

6"Firearm." Shall have the meaning given in 18 Pa.C.S. § 6102
7(relating to definitions) and shall include any scope, sight,
8bipod, sling, light, magazine, clip, ammunition or other firearm
9accessory attached to or seized, confiscated or relinquished
10with a firearm.

11Section 2. This act shall take effect in 60 days.