THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GABLER, BENNINGHOFF, AUMENT, BAKER, BARRAR, BEAR, BLOOM, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, CREIGHTON, CUTLER, DAY, DENLINGER, EVANKOVICH, EVERETT, FABRIZIO, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GROVE, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KNOWLES, KORTZ, KRIEGER, MAJOR, MARSHALL, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PAYNE, PETRARCA, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROCK, SACCONE, S. H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VULAKOVICH AND WHITE, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011  

AN ACT

Prohibiting certain firearms, firearm accessories or ammunition

from being subject to Federal law or Federal regulation.

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 Firearms

Freedom Act.

Section 2.  Findings and declarations.

The General Assembly finds and declares as follows:

(1)  The 10th Amendment to the Constitution of the United

States guarantees to the states and their people all powers

not granted to the Federal Government elsewhere in the

Constitution and reserves to the Commonwealth and people of

Pennsylvania certain powers as they were understood at the

time that Pennsylvania was admitted to statehood in 1787. The

guaranty of those powers is a matter of contract between the

Commonwealth and people of Pennsylvania and the United States

as of the time that the compact with the United States was

agreed upon and adopted by Pennsylvania and the United States

in 1787.

(2)  The 9th Amendment to the Constitution of the United

States guarantees to the people rights not granted in the

Constitution and reserves to the people of Pennsylvania

certain rights as they were understood at the time that

Pennsylvania was admitted to statehood in 1787. The guaranty

of those rights is a matter of contract between the

Commonwealth and people of Pennsylvania and the United States

as of the time that the compact with the United States was

agreed upon and adopted by Pennsylvania and the United States

in 1787.

(3)  The regulation of intrastate commerce is vested in

the states under the 9th and 10th Amendments to the

Constitution of the United States, particularly if not

expressly preempted by Federal law. Congress has not

expressly preempted state regulation of intrastate commerce

pertaining to the manufacture on an intrastate basis of

firearms, firearms accessories and ammunition.

(4)  The 2nd Amendment to the Constitution of the United

States reserves to the people the right to keep and bear arms

as that right was understood at the time that Pennsylvania

was admitted to statehood in 1787, and the guaranty of the

right is a matter of contract between the Commonwealth and

people of Pennsylvania and the United States as of the time

that the compact with the United States was agreed upon and

adopted by Pennsylvania and the United States in 1787.

(5)  Section 21 of Article I of the Constitution of

Pennsylvania clearly secures to Pennsylvania citizens, and

prohibits government interference with, the right of

individual Pennsylvania citizens to keep and bear arms.

Section 3.  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:

"Borders of Pennsylvania."  The geographic boundaries of

Pennsylvania.

"Firearms accessories."  Items that are used in conjunction

with or mounted on a firearm but are not essential to the basic

function of a firearm.

"Generic and insignificant parts."  The term includes

springs, screws, nuts and pins.

"Manufactured."  The creation of a firearm, a firearm

accessory or ammunition from basic materials for functional

usefulness.

Section 4.  Prohibitions.

(a)  Federal law.--A personal firearm, a firearm accessory or

ammunition that is manufactured commercially or privately in

Pennsylvania and that remains within the borders of Pennsylvania

shall not be subject to Federal law or Federal regulation,

including registration, under the authority of Congress to

regulate interstate commerce.

(b)  Applicability.--This section shall apply to a firearm, a

firearm accessory or ammunition that is manufactured in

Pennsylvania from basic materials and that can be manufactured

without the inclusion of any significant parts imported from

another state. Generic and insignificant parts that have other

manufacturing or consumer accessories or ammunition, and their

importation into Pennsylvania and incorporation into a firearm,

a firearm accessory or ammunition manufactured in Pennsylvania

shall not subject the firearm, firearm accessory or ammunition

to Federal regulation.

(c)  Declarations.--The General Assembly declares as follows:

(1)  That a personal firearm, a firearm accessory or

ammunition that is manufactured commercially or privately in

Pennsylvania and that remains within the borders of

Pennsylvania has not traveled in interstate commerce.

(2)  That basic materials are not subject to

Congressional authority to regulate firearms, firearms

accessories and ammunition under interstate commerce as if

they were actually firearms, firearms accessories or

ammunition and that the authority of Congress to regulate

interstate commerce in basic materials does not include

authority to regulate firearms, firearms accessories and

ammunition made in Pennsylvania from those materials.

Firearms accessories that are imported into Pennsylvania from

another state and that are subject to Federal regulation as

being in interstate commerce do not subject a firearm to

Federal regulation under interstate commerce because they are

attached to or used in conjunction with a firearm in

Pennsylvania.

(d)  Exceptions.--This section shall not apply to any of the

following:

(1)  A firearm that cannot be carried and used by one

person.

(2)  A firearm that has a bore diameter greater than 1

and 1/2 inches and that uses smokeless powder, not black

powder, as a propellant.

(3)  Ammunition with a projectile that explodes using an

explosion of chemical energy after the projectile leaves the

firearm.

(4)  A firearm that discharges two or more projectiles

with one activation of the trigger or other firing device.

Section 5.  Marketing of firearms.

A firearm manufactured or sold in Pennsylvania under this act

must have the words "Made in Pennsylvania" clearly stamped on a

central metallic part.

Section 6.  Applicability.

This act shall apply to firearms, firearms accessories and

ammunition that are manufactured and retained in Pennsylvania

after July 1, 2011.

Section 20.  Effective date.

This act shall take effect in 60 days.