PRINTER'S NO. 450
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
434
Session of
2017
INTRODUCED BY TALLMAN, MILLARD, KORTZ, SACCONE, GODSHALL, RYAN,
KAUFFMAN, D. COSTA, McGINNIS, A. HARRIS, METCALFE, WARD,
SAYLOR, DUSH, GROVE, KEEFER AND MOUL, FEBRUARY 10, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2017
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title of act.
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:
"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
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springs, screws, nuts and pins.
"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
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 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
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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.
(4) 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.
(5) The Federal and State constitutional guaranties
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
Pennsylvania and that remains within the borders of Pennsylvania
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
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 applications, consumer accessories or ammunition
and their importation into Pennsylvania and incorporation into a
firearm, a firearm accessory or ammunition that is manufactured
in Pennsylvania shall not subject the firearm, firearm accessory
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or ammunition to Federal regulation.
(c) Enforcement.--A person who restricts or attempts to
restrict the sale, transfer, possession or use of a firearm
manufactured commercially or privately in Pennsylvania and that
remains within the borders of Pennsylvania, under the 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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