PRINTER'S NO. 1898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1493
Session of
2017
INTRODUCED BY PYLE, MILLARD, DUNBAR, METZGAR, BERNSTINE, RYAN,
METCALFE, COX, KAUFFMAN, ZIMMERMAN, JAMES, TALLMAN, CAUSER,
MALONEY, STAATS, D. COSTA, WARD, DIAMOND, READSHAW,
A. HARRIS, GODSHALL, WHEELAND, ROTHMAN, IRVIN AND SANKEY,
JUNE 2, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 2, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in powers of department and local authorities,
further providing for control of public travel on private
property by owner by adding provisions relating to firearms
in motor vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6113 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
ยง 6113. Control of public travel on private property by owner.
* * *
(c) Firearms in motor vehicles.--
(1) A business entity, property owner or legal possessor
or public or private employer may not establish, maintain or
enforce a policy or rule that prohibits or has the effect of
prohibiting a person from transporting or storing a firearm
in a motor vehicle when the vehicle is in a location where
the firearm is otherwise permitted to be and;
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(i) the firearm remains inside the person's
attended, privately owned motor vehicle; or
(ii) the firearm is locked out of sight within the
trunk, glove box or other enclosed compartment or
container within or on the person's privately owned motor
vehicle.
(2) (i) A person who is injured or incurs damages as a
result of a violation of paragraph (1), or his survivors,
may bring a civil action in the appropriate court against
any business entity, owner or legal possessor of property
or public or private employer who committed or caused the
violation.
(ii) A person who is denied the opportunity to
transport or store a firearm by a policy or rule
prohibited by paragraph (1) may bring a civil action in
the appropriate court to enjoin any business entity,
owner or legal possessor of property or public or private
employer from violating paragraph (1).
(iii) In any actions brought pursuant to this
subsection, reasonable attorney fees and court costs
shall be awarded to the prevailing plaintiff.
(3) An employee discharged by a public or private
employer for a violation of a policy or rule prohibited by
paragraph (1) shall be awarded full recovery as specified in
paragraph (1). If the demand for the recovery has not been
satisfied within 45 calendar days, the employee may bring
civil action in the appropriate court against the public or
private employer and shall be awarded the following:
(i) Reinstatement to the same position held at the
time of the employee's termination from employment or to
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an equivalent position.
(ii) Reinstatement of the employee's full fringe
benefits and seniority rights.
(iii) Compensation for lost wages, benefits or other
lost remuneration caused by the termination.
(iv) Payment of reasonable attorney fees and court
costs incurred.
(4) No business entity, owner or legal possessor of
property or public or private employer shall be held liable
in any civil action for damages, injuries or death resulting
from or arising out of another person's actions involving a
firearm transported or stored under paragraph (1), including
the theft of a firearm from an employee's or invitee's
automobile, unless the business entity, owner or legal
possessor of property or public or private employer
intentionally solicited or procured such other person's
injurious actions.
(5) The prohibitions in paragraph (1) shall not apply
if:
(i) the motor vehicle is on the grounds of an owner-
occupied, single-family detached residence or a tenant-
occupied single-family detached residence;
(ii) the motor vehicle is on property where the
possession of firearms is expressly prohibited by Federal
or State law;
(iii) the business entity, owner or legal possessor
of property or public or private employer reasonably
believes that the person illegally possesses the firearm,
provided that a belief based on a mistake of law shall
not be considered reasonable for purposes of this
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section; or
(iv) the person is an employee operating an
employer-owned motor vehicle during and in the course of
the employee's duties on behalf of the employer.
(6) It is the intent of this subsection to reinforce and
protect the right of each citizen to lawfully transport and
store firearms within his private motor vehicle for lawful
purposes in any place where the vehicle is otherwise
permitted to be. This subsection is to be liberally construed
to enable this purpose.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Firearm." The term shall have the same meaning given to it
in 18 Pa.C.S. ยง 6105(f)(4)(iii) (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms).
"Motor vehicle." Any automobile, truck, minivan, sports
utility vehicle, motorcycle, motor scooter or any other vehicle
required to be registered under Pennsylvania law.
Section 2. This act shall take effect in 60 days.
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