A00815
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
671
Session of
2017
INTRODUCED BY M. K. KELLER, METCALFE, MARSICO, BAKER, BARRAR,
BLOOM, BOBACK, BURNS, CAUSER, CHRISTIANA, COOK, CORBIN,
D. COSTA, COX, SCHLEGEL CULVER, CUTLER, DELOZIER, DIAMOND,
DUNBAR, DUSH, ELLIS, EMRICK, EVANKOVICH, EVERETT, FARRY, FEE,
FRITZ, GABLER, GILLESPIE, GODSHALL, GOODMAN, GREINER, GROVE,
HAHN, HANNA, A. HARRIS, HEFFLEY, HELM, HICKERNELL, PHILLIPS-
HILL, IRVIN, JAMES, JOZWIAK, KAUFFMAN, KEEFER, F. KELLER,
KLUNK, KNOWLES, KORTZ, LEWIS, MACKENZIE, MAHER, MALONEY,
MARSHALL, McGINNIS, MEHAFFIE, METZGAR, MILLARD, B. MILLER,
MOUL, MULLERY, MUSTIO, NELSON, NESBIT, ORTITAY, PEIFER,
PETRARCA, PICKETT, PYLE, QUIGLEY, RADER, RAPP, READSHAW,
REESE, ROAE, ROTHMAN, RYAN, SACCONE, SAINATO, SANKEY, SAYLOR,
SCHEMEL, SNYDER, SONNEY, STAATS, TALLMAN, TOOHIL, TOPPER,
WALSH, WARD, WARNER, WENTLING, WHEELAND, ZIMMERMAN AND
DOWLING, MARCH 2, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for limitation on the regulation
of firearms and ammunition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6120(a.2), (a.3) and (b) of Title 18 of
the Pennsylvania Consolidated Statutes are reenacted and amended
to read:
§ 6120. Limitation on the regulation of firearms and
ammunition.
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(a.2) Relief.--A person adversely affected by an ordinance,
(a.2) Relief.--[A]
(1) Except as set forth in paragraph (2), a person
adversely affected by an ordinance, a resolution, regulation,
rule, practice or any other action promulgated or enforced by
a county, municipality or township prohibited under
subsection (a) or 53 Pa.C.S. § 2962(g) (relating to
limitation on municipal powers) may seek declaratory or
injunctive relief and actual damages in an appropriate court.
(2) Paragraph (1) does not apply to a challenge of a
requirement that, if reasonable efforts of law enforcement
fail to identify the lawful owner of a confiscated or
recovered firearm within 120 days after law enforcement comes
into possession of the firearm or if the lawful owner of the
firearm is identified but otherwise prohibited from
possessing the firearm:
(i) law enforcement shall destroy the firearm
immediately; or
(ii) if the firearm is evidence in an ongoing
investigation or in a criminal prosecution or civil
litigation, law enforcement shall destroy the firearm
when:
(A) the investigation is complete; or
(B) a court of competent jurisdiction issues an
order authorizing the destruction of the firearm.
(a.3) Reasonable expenses.--[A] If a person adversely
affected provided 60 days' prior written notice of his intention
to file an action pursuant to subsection (a.2) to the defendant,
the court shall award reasonable expenses to [a] the person
adversely affected in an action under subsection (a.2) for any
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of the following:
(1) A final determination by the court is granted in
favor of the person adversely affected.
(2) The regulation in question is rescinded, repealed or
otherwise abrogated after suit has been filed under
subsection (a.2) but before the final determination by the
court.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Person adversely affected." Any of the following:
(1) A resident of this Commonwealth who may legally
possess a firearm under Federal and State law.
(2) A person who otherwise has standing under the laws
of this Commonwealth to bring an action under subsection
(a.2).
(3) A membership organization, in which a member is a
person described under paragraph (1) or (2).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
"Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
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compensation for loss of income.
Section 2. This act shall take effect in 60 days.
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