Trial Engrossment of Amendment A01080 to House Bill 0979 P.N. 0991, Regular Session 2021-2022

A01080

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

979

Session of

2021

INTRODUCED BY DOWLING, METCALFE, GREINER, HERSHEY, RYAN,

KAUFFMAN, ECKER, DIAMOND, DUNBAR, ROTHMAN, KEEFER, SAYLOR,

ROWE, JOZWIAK, OBERLANDER, IRVIN, BERNSTINE, JAMES, SCHLEGEL

CULVER, MOUL, O'NEAL, KNOWLES, COOK, FEE, BOROWICZ, WHEELAND,

COX, MUSTELLO, STRUZZI, SMITH, SCHEMEL, HAMM, JONES, HELM,

B. MILLER, PUSKARIC, HICKERNELL, STAATS, METZGAR, KAIL,

ORTITAY, ZIMMERMAN, GILLEN, MALONEY, HEFFLEY, MARSHALL,

BONNER, SAINATO, LEWIS, R. MACKENZIE, SNYDER, PYLE, GROVE,

CAUSER, PEIFER, BROOKS, E. NELSON, EMRICK, ARMANINI, WARNER,

KLUNK, RADER, RAPP, DAVANZO, PENNYCUICK AND STAMBAUGH,

MARCH 19, 2021

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2021

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.

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 general provisions, further providing for limitation on

municipal powers and providing for authority of county of the

second class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6120 of Title 18 of the Pennsylvania

Consolidated Statutes 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,

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 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 plaintiff who provided 60 days' prior written notice of

the person's intention to file a claim under this subsection

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to the defendant, the court shall award reasonable expenses

to the person adversely affected if the 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).

(2) A resident of this Commonwealth who may legally

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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)

(relating to limitation on municipal powers) and 18 Pa.C.S. §

A01080 - 4 -

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.

Section 1. Section 6120 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6120. [Limitation on the] Local regulation of firearms and

ammunition.

(a) General rule.--[No] A county, municipality or township

may [in any manner] regulate the [lawful] ownership, possession,

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

A01080 - 5 -

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.] by

ordinance or any other action that is not otherwise

prohibited by Federal or State law.

(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).

"Political subdivision." The term shall include any home

rule charter municipality, county, city, borough, incorporated

town, township or school district.] A weapon that is designed to

or may readily be converted to expel a projectile by the action

of an explosive or the frame or receiver of the weapon.

Section 2. Section 2962(g) of Title 53 is amended to read:

§ 2962. Limitation on municipal powers.

* * *

[(g) Regulation of firearms.--A municipality shall not enact

any ordinance or take any other action dealing with the

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regulation of the transfer, ownership, transportation or

possession of firearms.]

* * *

Section 3. Title 53 is amended by adding a section to read:

§ 2985. Authority of county of the second class.

A county of the second class may enact an ordinance or take

other action dealing with the regulation of the transfer,

ownership, transportation or possession of firearms.

Section 4. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 53

Pa.C.S. § 2985.

(2) Section 3107-C(k) of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code, is

repealed.

Section 5. This act shall take effect in 60 days.

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