THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PYLE, BAKER, BEAR, BENNINGHOFF, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, DAY, DENLINGER, ELLIS, EVERETT, FAIRCHILD, FLECK, GABLER, GEIST, GERGELY, GIBBONS, GILLESPIE, GROVE, GRUCELA, HALUSKA, HARHAI, HARRIS, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KOTIK, KRIEGER, MAHER, MAJOR, MARSHALL, MENSCH, METCALFE, METZGAR, MOUL, MUSTIO, OBERLANDER, PAYNE, PETRARCA, PHILLIPS, PICKETT, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, ROHRER, SAYLOR, SIPTROTH, S. H. SMITH, SOLOBAY, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TRUE, TURZAI, VULAKOVICH AND WHITE, OCTOBER 14, 2009

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 14, 2009  

AN ACT

Providing for the possession of firearms in motor vehicles;

prohibiting certain acts; imposing duties on employers; and

providing for civil immunity under certain circumstances and

for enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

and Protection of Firearms in Motor Vehicles Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Employee."  A person who:

(1)  works for salary, wages or other remuneration;

(2)  is an independent contractor; or

(3)  is a volunteer, intern or other similar individual

for an employer.

"Employer."  A sole proprietorship, partnership, corporation,

limited liability company, professional association,

cooperative, joint venture, trust, firm, institution,

association or business entity that has employees.

"Firearm."  The term includes ammunition and accoutrements

attendant to the lawful possession and use of a firearm.

"Invitee."  A business invitee, including a customer or

visitor, who is lawfully on the premises of a public or private

employer.

"Motor vehicle."  An automobile, truck, minivan, sports

utility vehicle, motor home, recreational vehicle, motorcycle,

motor scooter or any other vehicle operated on the roads of this

Commonwealth and required to be registered under the laws of

this Commonwealth.

"Parking lot."  Real property that is used for parking motor

vehicles and is available to customers, employees or invitees

for temporary or long-term parking or storage of motor vehicles.

Section 3.  Legislative intent.

The General Assembly finds and declares that:

(1)  This act is intended to codify the long-standing

legislative policy of the Commonwealth that individual

citizens have a constitutional right to keep and bear arms,

that they have a constitutional right to possess and keep

legally owned firearms within their motor vehicles for self-

defense and other lawful purposes and that these rights are

not abrogated by virtue of a citizen becoming a customer,

employee or invitee of a business entity.

(2)  A citizen's lawful possession, transportation and

secure keeping of firearms and ammunition within the

citizen's motor vehicle is essential to the exercise of the

fundamental constitutional right to keep and bear arms and

the constitutional right of self-defense.

(3)  Protecting and preserving these rights is essential

to the exercise of freedom and individual responsibility.

(4)  No citizen can or should be required to waive or

abrogate the right to possess and securely keep firearms and

ammunition locked within the citizen's motor vehicle by

virtue of becoming a customer, employee or invitee of any

employer or business establishment within this Commonwealth,

unless specifically required by Federal or State law.

Section 4.  Prohibited acts.

The following acts are prohibited:

(1)  No public or private employer may prohibit any

customer, employee or invitee from possessing any legally

owned firearm when the firearm is lawfully possessed and

locked inside or locked to a private motor vehicle in a

parking lot and when the customer, employee or invitee is

lawfully on the premises of the public or private employer.

(2)  No public or private employer may violate the

privacy rights of a customer, employee or invitee by verbal

or written inquiry regarding the presence of a firearm inside

or locked to a private motor vehicle in a parking lot or by

an actual search of a private motor vehicle in a parking lot

to ascertain the presence of a firearm within the vehicle.

(3)  No public or private employer may take any action

against a customer, employee or invitee based upon verbal or

written statements of any party concerning possession of a

firearm stored inside a private motor vehicle in a parking

lot for lawful purposes.

(4)  A search of a private motor vehicle in the parking

lot of a public or private employer to ascertain the presence

of a firearm within the vehicle may only be conducted by on-

duty law enforcement personnel, based upon due process and

must comply with constitutional protections.

(5)  No public or private employer may condition

employment on:

(i)  the fact that an employee or prospective

employee holds or does not hold a license for a firearm

under the laws of this Commonwealth; or

(ii)  an agreement by an employee or a prospective

employee that prohibits an employee from keeping a legal

firearm locked inside or locked to a private motor

vehicle in a parking lot when the firearm is kept for

lawful purposes.

(6)  No public or private employer may prohibit or

attempt to prevent any customer, employee or invitee from

entering the parking lot of the employer's place of business

because the customer's, employee's or invitee's private motor

vehicle:

(i)  contains a legal firearm;

(ii)  the firearm is being carried for lawful

purposes; and

(iii)  the firearm is out of sight within the

customer's, employee's or invitee's private motor

vehicle.

(7)  No public or private employer may terminate the

employment of or otherwise discriminate against an employee

or expel a customer or invitee for exercising the

constitutional right to keep and bear arms or for exercising

the right of self-defense as long as a firearm is not

exhibited on company property for any reason other than

lawful defensive purposes.

Section 5.  Applicability.

Section 4 applies to all public-sector employers, including

those already prohibited from regulating firearms under the laws

of this Commonwealth.

Section 6.  Duty of care of public and private employers.

(a)  General rule.--A public or private employer subject to

the provisions of section 4 has no duty of care relating to the

actions prohibited under section 4.

(b)  Immunity.--

(1)  A public or private employer is not liable in a

civil action based on actions or inactions taken in

compliance with this section.

(2)  Paragraph (1) does not apply to civil actions based

on actions or inactions of public or private employers that

are unrelated to compliance with this act.

(c)  Construction.--Nothing contained in this section shall

be construed to expand any existing duty or create any

additional duty on the part of a public or private employer,

property owner or property owner's agent.

Section 7.  Enforcement.

(a)  Attorney General.--

(1)  The Attorney General shall enforce the provisions of

this act on behalf of any customer, employee or invitee

aggrieved under this act.

(2)  If there is reasonable cause to believe that the

aggrieved person's rights under this act have been violated

by a public or private employer, the Attorney General shall

commence a civil or administrative action for damages,

injunctive relief and civil penalties and such other relief

as may be appropriate, or may negotiate a settlement with any

employer on behalf of any person aggrieved under this act.

(b)  Private causes of action.--

(1)  Nothing in this act shall be construed to prohibit

the right of a person aggrieved under this act to bring a

civil action for violation of rights protected under this

act.

(2)  In any successful action brought by a customer,

employee or invitee aggrieved under this act, the court shall

award all reasonable personal costs and losses suffered by

the aggrieved person as a result of the violation of rights

under this act.

(c)  Court costs and attorney fees.--In any action brought

pursuant to this act, the court shall award all court costs and

reasonable attorney fees to the prevailing party.

Section 8.  Exceptions.

The prohibitions in section 4 do not apply to:

(1)  Real property owned, leased or controlled by an

educational institution.

(2)  A correctional institution in this Commonwealth.

(3)  Real property on which a nuclear-powered electricity

generation facility is located.

(4)  Real property owned or leased by a public or private

employer or the landlord of a public or private employer upon

which are conducted substantial activities involving national

defense, aerospace or homeland security.

(5)  Real property owned or leased by a public or private

employer or the landlord of a public or private employer upon

which the primary business conducted is the manufacture, use,

storage or transportation of combustible or explosive

materials regulated under Federal or State law, or real

property owned or leased by an employer who has obtained a

permit required under 18 U.S.C. § 842 (relating to unlawful

acts) to engage in the business of importing, manufacturing

or dealing in explosive materials on such property.

(6)  A motor vehicle owned or leased by a public or

private employer or the landlord of a public or private

employer.

(7)  Any other real property owned or leased by a public

or private employer or the landlord of a public or private

employer upon which possession of a firearm or other legal

product by a customer, employee or invitee is prohibited

pursuant to any Federal law, contract with a Federal

Government entity or law of this Commonwealth.

Section 9.  Applicability to causes of action.

This act shall apply to causes of action that accrue after

the effective date of this section.

Section 10.  Effective date.

This act shall take effect in 60 days.