1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, in firearms and other dangerous articles, further
4providing for definitions; and, in particular rights and
5immunities, further providing for civil immunity for use of
6force and providing for declarative and injunctive relief and
7certain damages.

8The General Assembly finds that:

9(1) It is proper for law-abiding people to protect
10themselves, their families and others from intruders and
11attackers without fear of prosecution or civil action for
12acting in defense of themselves and others.

13(2) Section 21 of Article I of the Constitution of
14Pennsylvania guarantees that the "right of the citizens to
15bear arms in defense of themselves and the State shall not be
16questioned."

17(3) Commonwealth law currently limits regulation of
18firearms, ammunition and ammunition components by political
19subdivisions in order to further the right guaranteed by
20section 21 of Article I of the Constitution of Pennsylvania.

1(4) Unlawful regulation of firearms, ammunition and
2ammunition components by political subdivisions and the
3threat of citation, prosecution or other legal process posed
4by such regulation interfere with this right.

5(5) Such interference with the right guaranteed by
6section 21 of Article I of the Constitution of Pennsylvania
7unduly inhibits law-abiding people from protecting
8themselves, their families and others from intruders and
9attackers and from other legitimate uses of constitutionally
10protected arms, including hunting and sporting activities.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 6102 of Title 18 of the Pennsylvania
14Consolidated Statutes is amended by adding a definition to read:

15§ 6102. Definitions.

16Subject to additional definitions contained in subsequent
17provisions of this subchapter which are applicable to specific
18provisions of this subchapter, the following words and phrases,
19when used in this subchapter shall have, unless the context
20clearly indicates otherwise, the meanings given to them in this
21section:

22"Ammunition components."

23(1) The individual components of a fixed cartridge or
24shotgun shell, including, but not limited to, casings,
25primers and projectiles.

26(2) A propellant used in ammunition.

27(3) A projectile or propellant used in antique firearms
28as defined in section 6118 (relating to antique firearms).

29* * *

30Section 2. Section 8340.2 of Title 42 is amended to read:

1§ 8340.2. Civil immunity for use of force or persons adversely 
2affected by unlawful regulation of firearms.

3(a) General rule for use of force.--An actor who uses force:

4(1) in self-protection as provided in 18 Pa.C.S. § 505
5(relating to use of force in self-protection);

6(2) in the protection of other persons as provided in 18
7Pa.C.S. § 506 (relating to use of force for the protection of
8other persons);

9(3) for the protection of property as provided in 18
10Pa.C.S. § 507 (relating to use of force for the protection of
11property);

12(4) in law enforcement as provided in 18 Pa.C.S. § 508
13(relating to use of force in law enforcement); or

14(5) consistent with the actor's special responsibility
15for care, discipline or safety of others as provided in 18
16Pa.C.S. § 509 (relating to use of force by persons with
17special responsibility for care, discipline or safety of
18others)

19is justified in using such force and shall be immune from civil
20liability for personal injuries sustained by a perpetrator which
21were caused by the acts or omissions of the actor as a result of
22the use of force.

23(a.1) General rule for unlawful regulation of firearms.--A
24person adversely affected by any manner of regulation
25promulgated or enforced in violation of 18 Pa.C.S. § 6120(a)
26(relating to limitation on the regulation of firearms and
27ammunition) or 53 Pa.C.S. § 2962(g) (relating to limitation on
28municipal powers) may seek declarative and injunctive relief and
29the actual and consequential damages attributable to the
30violation in an appropriate court.

1(b) Attorney fees and costs.--

2(1) If the actor who satisfies the requirements of
3subsection (a) prevails in a civil action initiated by or on
4behalf of a perpetrator against the actor, the court shall
5award reasonable expenses to the actor. [Reasonable expenses
6shall include, but not be limited to, attorney fees, expert
7witness fees, court costs and compensation for loss of
8income.]

9(2) The court shall award reasonable expenses to a
10person adversely affected if an action under subsection (a.1)
11results in:

12(i) a final determination by a court in favor of the
13person adversely affected; or

14(ii) rescission or repeal of the challenged manner
15of regulation or enforcement after suit has been filed
16under subsection (a.1) but prior to a final determination
17by a court.

18(c) [Definition.--As used in this section, the term 
19"perpetrator" shall mean a person against whom an actor is 
20justified in using force as provided by 18 Pa.C.S. § 505, 506, 
21507, 508 or 509.] Definitions.--As used in this section, the 
22following words and phrases shall have the meanings given to 
23them in this subsection unless the context clearly indicates 
24otherwise:

25"Perpetrator." A person against whom an actor is justified
26in using force as provided by 18 Pa.C.S. § 505, 506, 507, 508 or
27509.

28"Person adversely affected." Any of the following:

29(1) A person who has standing under the laws of this
30Commonwealth to bring an action under subsection (a.1).

1(2) A resident of this Commonwealth who may legally
2possess a firearm under the laws of this Commonwealth and the
3United States and either:

4(i) is subject to any manner of regulation alleged
5to be promulgated or enforced in violation of 18 Pa.C.S.
6§ 6120(a) or of 53 Pa.C.S. § 2962(g) whether or not
7specific enforcement action has been initiated or
8threatened against the person or another person; or

9(ii) would be, if the person were present in the
10political subdivision in question, subject to any manner
11of regulation alleged to be promulgated or enforced in
12violation of 18 Pa.C.S. § 6120(a) or of 53 Pa.C.S. §
132962(g) whether or not specific enforcement action has
14been initiated or threatened against the person or
15another person.

16(3) A membership organization, the members of which
17include a person described under paragraph (1) or (2).

18"Reasonable expenses." The term includes, but is not limited
19to, attorney fees, expert witness fees, court costs and
20compensation for loss of income.

21Section 3. This act shall take effect in 60 days.