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A02713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1066
Session of
2019
INTRODUCED BY M. K. KELLER, METCALFE, BARRAR, BERNSTINE, CAUSER,
COX, DIAMOND, DOWLING, DUNBAR, ECKER, EMRICK, EVERETT, FEE,
FRITZ, GABLER, GLEIM, GOODMAN, GROVE, HERSHEY, HICKERNELL,
IRVIN, JAMES, JONES, JOZWIAK, KAUFFMAN, KEEFER, F. KELLER,
KLUNK, KORTZ, MACKENZIE, MALONEY, MARSHALL, MASSER, MILLARD,
B. MILLER, MOUL, NELSON, NESBIT, OBERLANDER, PEIFER, PICKETT,
PYLE, RADER, RAPP, READSHAW, ROAE, ROTHMAN, SAYLOR, SCHEMEL,
SONNEY, TOPPER, WARNER, WENTLING, WHEELAND AND ZIMMERMAN,
APRIL 5, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities
Generally) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
limitation on the regulation of firearms and ammunition; and,
in preemptions, providing for regulation of firearms and
ammunition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6120 of Title 18 of the Pennsylvania
Consolidated Statutes, amended November 6, 2014 (P.L.2921,
No.192), amendment declared unconstitutional, 141 A.3d 426 (Pa
2016), is amended to read:
§ 6120. Limitation on the regulation of firearms and
ammunition.
(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
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transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(a.4) Relief.--The following shall apply:
(1) A person adversely affected by any manner of
ordinance, resolution, rule, practice or other action
promulgated or enforced by a municipality county,
municipality or township in violation of subsection (a) or 53
Pa.C.S. § 306(a) (relating to regulation of firearms and
ammunition) or 2962(g) (relating to limitation on municipal
powers), may seek declarative and injunctive relief and the
actual damages attributable to the violation in an
appropriate court.
(2) If a person adversely affected under paragraph (1)
is a defendant in a proceeding asserting a defense under
subsection (a) or 53 Pa.C.S. § 306(a) or 2962(g) or is a
plaintiff who provided 60 days' prior written notice of the
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person's intention to file a claim under this subsection to
the defendant, the court shall award reasonable expenses to
the person adversely affected if the defense or a claim under
paragraph (1) results in:
(i) a final determination by a court in favor of the
person adversely affected; or
(ii) rescission or repeal of the challenged manner
of regulation or enforcement after suit has been filed
under paragraph (1) but prior to a final determination by
a court.
(3) If a person is a defendant in a proceeding asserting
a defense under subsection (a) or 53 Pa.C.S. § 306(a) or
2962(g), the court shall award reasonable expenses payable by
th e county, municipality or township to the person if the
defense results in the withdrawal or dismissal of the
proceeding, an entry of nolle prosequi or an acquittal on the
basis of the defense.
(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 person who has standing under the laws of this
Commonwealth to bring a claim under subsection (a.4)(1).
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(2) A resident of this Commonwealth who may legally
possess a firearm under the laws of the United States and
this Commonwealth.
(3) A membership organization, the members of which
include 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
compensation for loss of income.
Section 2. Title 53 is amended by adding a section to read:
§ 306. Regulation of firearms and ammunition.
(a) Preemption.--The General Assembly has always intended
and continues to intend to occupy the entire field of regulation
of firearms, ammunition, magazines, accessories, firearms
components and ammunition components in this Commonwealth,
including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, use, discharge, transportation and
reporting of loss or theft of firearms, ammunition, firearms
components and ammunition components in this Commonwealth, to
the exclusion of any existing or future ordinance, resolution,
regulation, rule, practice or other action adopted by a
municipality. The Commonwealth, by this section, preempts and
supersedes any manner of ordinance, resolution, regulation,
rule, practice or other action promulgated or enforced by a
municipality of firearms, ammunition, firearms components or
ammunition components in this Commonwealth, and any such action
is declared null and void.
(b) Continuing effect.--The provisions of section 2962(g)
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(relating to limitation on municipal powers) and 18 Pa.C.S. §
6120(a) (relating to limitation on the regulation of firearms
and ammunition) shall continue to preempt and supersede a local
ordinance, resolution, regulation, rule, practice or other
action insofar as the local ordinance, resolution, regulation,
rule, practice or other action is inconsistent with the
provisions of section 2962(g) or 18 Pa.C.S. § 6120(a).
Section 3. Within 30 days of the effective date of this
section, the Attorney General of this Commonwealth shall notify
in writing all municipalities of the provisions of 53 Pa.C.S. §
306 and amendments to 18 Pa.C.S. § 6120.
Section 4. This act shall take effect as follows:
(1) The following shall take effect in 90 days:
(i) The addition of 53 Pa.C.S. § 306.
(ii) The amendment of 18 Pa.C.S. § 6120.
(2) The remainder of this act shall take effect
immediately.
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