PRINTER'S NO. 2777
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1811
Session of
2015
INTRODUCED BY TALLMAN, SACCONE, MILLARD, BLOOM, WHEELAND,
DUNBAR, ZIMMERMAN, GREINER, JAMES, METZGAR, CORBIN, DIAMOND,
GROVE, McGINNIS, JOZWIAK, SAYLOR, GODSHALL, READSHAW,
A. HARRIS, WARNER, KNOWLES, IRVIN, WARD AND GABLER,
JANUARY 28, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2016
AN ACT
Prohibiting the regulation of firearms by an executive order,
rule or regulation of the President of the United States or a
Federal executive agency; and imposing a penalty.
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 Firearm
Regulation Prohibition 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:
"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.
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"Manufactured." The creation of a firearm, a firearm
accessory or ammunition from basic materials for functional
usefulness.
Section 3. Legislative findings.
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
this Commonwealth certain powers as they were understood at
the time that the Commonwealth was admitted to statehood in
1787. The guaranty of those powers is a matter of contract
between the Commonwealth and the United States as of the time
that the compact with the United States was agreed upon and
adopted by the Commonwealth 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 this Commonwealth
certain rights as they were understood at the time that the
Commonwealth was admitted to statehood in 1787. The guaranty
of those rights is a matter of contract between the
Commonwealth and the United States as of the time that the
compact with the United States was agreed upon and adopted by
the Commonwealth and the United States in 1787.
(3) 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 the
Commonwealth was admitted to statehood in 1787, and the
guaranty of the right is a matter of contract between the
Commonwealth and the United States as of the time that the
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compact with the United States was agreed upon and adopted by
the Commonwealth and the United States in 1787.
(4) Section 21 of Article I of the Constitution of
Pennsylvania clearly secures to the citizens of this
Commonwealth, and prohibits government interference with, the
right of individual citizens to keep and bear arms.
(5) The Federal and State constitutional guarantees
enumerated under paragraphs (1), (2), (3) and (4) are
inviolate and not subject to abrogation by unilateral
proclamation under a claim of Presidential executive
authority.
Section 4. Firearm regulation.
(a) Prohibition.--A personal firearm, a firearm accessory or
ammunition, that is manufactured commercially or privately in
this Commonwealth and that remains within the geographic
boundaries of this Commonwealth shall not be subject to
regulation purporting to derive from an executive order, rule or
regulation of the President of the United States or a Federal
executive agency.
(b) Applicability.--This section shall apply to a firearm, a
firearm accessory or ammunition, that is manufactured in this
Commonwealth 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 this Commonwealth and incorporation into a
firearm, a firearm accessory or ammunition, that is manufactured
in this Commonwealth shall not subject the firearm, firearm
accessory or ammunition to Federal regulation.
(c) Enforcement.--A person who restricts or attempts to
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restrict the sale, transfer, possession or use of a firearm
manufactured commercially or privately in this Commonwealth and
that remains within the geographic boundaries of this
Commonwealth, under color of authority of a Federal executive
order, rule or regulation that is inconsistent with the laws of
this Commonwealth, commits a felony of the third degree and
shall, upon conviction, be sentenced to a term of imprisonment
of not less than one year.
Section 5. Effective date.
This act shall take effect immediately.
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