PRINTER'S NO.  1215

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1044

Session of

2009

  

  

INTRODUCED BY THOMAS, JOSEPHS, M. O'BRIEN, YOUNGBLOOD AND PAYTON, MARCH 23, 2009

  

  

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 2009  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, in firearms and other dangerous

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articles, further providing for limitation on the regulation

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of firearms and ammunition.

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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.  Section 6120(a) of Title 18 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

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adding a subsection to read:

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§ 6120.  Limitation on the regulation of firearms and

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ammunition.

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(a)  General rule.--[No] Except as otherwise provided under

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subsection (a.2), no county, municipality or township may in any

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manner regulate the lawful ownership, possession, transfer or

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transportation of firearms, ammunition or ammunition components

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when carried or transported for purposes not prohibited by the

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laws of this Commonwealth.

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* * *

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(a.2)  Exemption.--A political subdivision may regulate the

 


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lawful ownership, possession, transfer or transportation of

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firearms if:

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(1)  The regulation is not less restrictive than the

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provisions of this chapter for such ownership, possession,

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transfer or transportation.

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(2)  The governing body of the political subdivision has

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filed an application with the Pennsylvania State Police for

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an exemption from the provisions of subsection (a), which

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application demonstrates a compelling reason for the

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exemption.

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(3)  The commissioner approves the application and issues

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a written exemption to the political subdivision. The

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application must include a proposed ordinance to regulate

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firearms in the political subdivision and such other

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information as requested by the commissioner.

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(4)  The commissioner publishes the exemption on the

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publicly accessible Internet website of the Pennsylvania

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State Police and as a notice in the Pennsylvania Bulletin.

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* * *

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

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