PRIOR PRINTER'S NO. 1367 PRINTER'S NO. 1519
No. 1109 Session of 1999
INTRODUCED BY PRIME SPONSOR WITHDREW, TILGHMAN, SALVATORE,
HELFRICK, COSTA, EARLL, BODACK, THOMPSON, STOUT, PICCOLA,
WOZNIAK, BELL, HART, TOMLINSON, WAUGH, SLOCUM AND SCHWARTZ,
OCTOBER 4, 1999
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 16, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for LIMITATION ON <--
3 REGULATION OF FIREARMS AND AMMUNITION AND FOR discrimination
4 on account of guide dog.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 7325 of Title 18 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
9 SECTION 1. SECTIONS 6120 AND 7325 OF TITLE 18 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
11 § 6120. LIMITATION ON [MUNICIPAL] THE REGULATION OF FIREARMS
12 AND AMMUNITION.
13 (A) GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY
14 IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION,
15 TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION
16 COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT
17 PROHIBITED BY THE LAWS OF THIS COMMONWEALTH.
18 (A.1) NO RIGHT OF ACTION.--
1 (1) NO POLITICAL SUBDIVISION MAY BRING OR MAINTAIN AN
2 ACTION AT LAW OR IN EQUITY AGAINST ANY FIREARMS OR AMMUNITION
3 MANUFACTURER, TRADE ASSOCIATION OR DEALER FOR DAMAGES,
4 ABATEMENT, INJUNCTIVE RELIEF OR ANY OTHER RELIEF OR REMEDY
5 RESULTING FROM OR RELATING TO EITHER THE LAWFUL DESIGN OR
6 MANUFACTURE OF FIREARMS OR AMMUNITION OR THE LAWFUL MARKETING
7 OR SALE OF FIREARMS OR AMMUNITION TO THE PUBLIC.
8 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
9 PROHIBIT A POLITICAL SUBDIVISION FROM BRINGING OR MAINTAINING
10 AN ACTION AGAINST A FIREARMS OR AMMUNITION MANUFACTURER OR
11 DEALER FOR BREACH OF CONTRACT OR WARRANTY AS TO FIREARMS OR
12 AMMUNITION PURCHASED BY THE POLITICAL SUBDIVISION.
13 (B) [DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
14 "FIREARMS" HAS THE MEANING GIVEN IN SECTION 5515 (RELATING TO
15 PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE AIR
16 RIFLES AS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF
17 AIR RIFLES).] DEFINITIONS.--AS USED IN THIS SECTION, THE
18 FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO
19 THEM IN THIS SUBSECTION:
20 "DEALER." THE TERM SHALL INCLUDE ANY PERSON ENGAGED IN THE
21 BUSINESS OF SELLING AT WHOLESALE OR RETAIL A FIREARM OR
22 AMMUNITION.
23 "FIREARMS." THIS TERM SHALL HAVE THE MEANING GIVEN TO IT IN
24 SECTION 5515 (RELATING TO PROHIBITING OF PARAMILITARY TRAINING),
25 BUT SHALL NOT INCLUDE AIR RIFLES AS THAT TERM IS DEFINED IN
26 SECTION 6304 (RELATING TO SALE AND USE OF AIR RIFLES).
27 "POLITICAL SUBDIVISION." THE TERM SHALL INCLUDE ANY HOME
28 RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED
29 TOWN, TOWNSHIP, SCHOOL DISTRICT, VOCATIONAL SCHOOL DISTRICT, OR
30 COUNTY INSTITUTION DISTRICT.
19990S1109B1519 - 2 -
1 § 7325. Discrimination on account of guide dog.
2 A person is guilty of a summary offense if he, being the
3 proprietor, manager or employee of a theatre, hotel, restaurant
4 or other place of public accommodation, entertainment or
5 amusement, refuses, withholds or denies any person, who is using
6 a guide[, signal or service dog] or support animal, because of
7 the physical disability, blindness or deafness of the user, or
8 who is training a guide or support animal for such a user, the
9 use of or access to any accommodation, advantage, facility or
10 privilege of such theatre, hotel, restaurant or other place of
11 public entertainment or amusement.
12 Section 2. This act shall take effect in 60 days. <--
13 SECTION 2. THE AMENDMENT OF 18 PA.C.S. § 6120 SHALL APPLY TO <--
14 ALL ACTIONS PENDING ON OR BROUGHT AFTER THE EFFECTIVE DATE OF
15 THIS ACT.
16 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) THE AMENDMENT OF 18 PA.C.S. § 6120 SHALL TAKE EFFECT
18 IMMEDIATELY.
19 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
20 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21 DAYS.
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