PRINTER'S NO. 1978
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1330
Session of
2015
INTRODUCED BY ALLOWAY, SCARNATI, RESCHENTHALER, WHITE,
EICHELBERGER, WAGNER, FOLMER, BARTOLOTTA, VULAKOVICH,
HUTCHINSON, RAFFERTY, GORDNER AND AUMENT, JUNE 24, 2016
REFERRED TO LOCAL GOVERNMENT, JUNE 24, 2016
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
regulation of firearms and ammunition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The General Assembly finds that:
(1) It is proper for law-abiding people to protect
themselves, their families and others from intruders and
attackers without fear of prosecution or civil action for
acting in defense of themselves and others.
(2) Section 21 of Article I of the Constitution of
Pennsylvania guarantees that the "right of the citizens to
bear arms in defense of themselves and the State shall not be
questioned."
(3) Commonwealth law currently limits regulation of
firearms, ammunition and ammunition components by political
subdivisions in order to further the right guaranteed by
section 21 of Article I of the Constitution of Pennsylvania.
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(4) Unlawful regulation of firearms, ammunition and
ammunition components by political subdivisions and the
threat of citation, prosecution or other legal process posed
by such regulation interfere with this right.
(5) Such interference with the right guaranteed by
section 21 of Article I of the Constitution of Pennsylvania
unduly inhibits law-abiding people from protecting
themselves, their families and others from intruders and
attackers and from other legitimate uses of constitutionally
protected arms, including hunting and sporting activities.
Section 2. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 305. Regulation of firearms and ammunition.
(a) General rule.--The provisions of section 2962(g)
(relating to limitation on municipal powers) and 18 Pa.C.S. §
6120(a) (relating to limitation on the regulation of firearms
and ammunition) shall preempt and supersede any local ordinance
or rule insofar as the local ordinance or rule is inconsistent
with the provisions of section 2962(g) or 18 Pa.C.S. § 6120(a) .
(b) Relief.--The following shall apply:
(1) A person adversely affected by any manner of
regulation promulgated or enforced in violation of section
2962(g) or 18 Pa.C.S. § 6120(a) may seek declarative and
injunctive relief and the actual and consequential damages
attributable to the violation in an appropriate court.
(2) The court shall award reasonable expenses to a
person adversely affected if an action under paragraph (1)
results in:
(i) a final determination by a court in favor of the
person adversely affected; or
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(ii) rescission or repeal of the challenged manner
of regulation or enforcement after suit has been filed
under paragraph (1) but prior to a final determination by
a court.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Perpetrator." A person against whom an actor is justified
in using force as provided by 18 Pa.C.S. § 505 (relating to use
of force in self-protection), 506 (relating to use of force for
the protection of other persons), 507 (relating to use of force
for the protection of property), 508 (relating to use of force
in law enforcement) or 509 (relating to use of force by persons
with special responsibility for care, discipline or safety of
others).
"Person adversely affected." Any of the following:
(1) A person who has standing under the laws of this
Commonwealth to bring an action under subsection (b)(1).
(2) A resident of this Commonwealth who may legally
possess a firearm under the laws of this Commonwealth and the
United States and either:
(i) is subject to any manner of regulation alleged
to be promulgated or enforced in violation of section
2962(g) or of 18 Pa.C.S. § 6120(a) whether or not
specific enforcement action has been initiated or
threatened against the person or another person; or
(ii) would be, if the person were present in the
political subdivision in question, subject to any manner
of regulation alleged to be promulgated or enforced in
violation of section 2962(g) or 18 Pa.C.S. § 6120(a)
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whether or not specific enforcement action has been
initiated or threatened against the person or another
person.
(3) A membership organization, the members of which
include a person described under paragraph (1) or (2).
"Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
compensation for loss of income.
Section 3. This act shall take effect in 60 days.
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