H1243B3194A07845 MSP:SRA 06/19/14 #90 A07845







Printer's No. 3194


1Amend Bill, page 1, line 4, by striking out "and" and
2inserting a comma

3Amend Bill, page 1, line 5, by inserting after "Police"

4 and for limitation on the regulation of firearms and ammunition

5Amend Bill, page 5, by inserting between lines 6 and 7

6Section 2. Section 6120(b) of Title 18 is amended and the
7section is amended by adding subsections to read:

8§ 6120. Limitation on the regulation of firearms and

10* * *

11(a.2) Relief.-–A person adversely affected by an ordinance,
12a resolution, regulation, rule, practice or any other action
13promulgated or enforced by a county, municipality or township
14prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
15(relating to limitation on municipal powers) may seek
16declaratory or injunctive relief and actual damages in an
17appropriate court.

18(a.3)  Reasonable expenses.--A court shall award reasonable
19expenses to a person adversely affected in an action under
20subsection (a.2) for any of the following:

21(1) A final determination by the court is granted in
22favor of the person adversely affected.

23(2) The regulation in question is rescinded, repealed or
24otherwise abrogated after suit has been filed under
25subsection (a.2) but before the final determination by the

27(b) Definitions.--As used in this section, the following
28words and phrases shall have the meanings given to them in this

30"Dealer." The term shall include any person engaged in the
31business of selling at wholesale or retail a firearm or

33"Firearms." This term shall have the meaning given to it in
34section 5515 (relating to prohibiting of paramilitary training)

1but shall not include air rifles as that term is defined in
2section 6304 (relating to sale and use of air rifles).

3"Person adversely affected."  Any of the following:

4(1)  A resident of this Commonwealth who may legally
5possess a firearm under Federal and State law.

6(2)  A person who otherwise has standing under the laws
7of this Commonwealth to bring an action under subsection

9(3) A membership organization, in which a member is a
10person described under paragraphs (1) or (2).

11"Political subdivision." The term shall include any home
12rule charter municipality, county, city, borough, incorporated
13town, township or school district.

14"Reasonable expenses."  The term includes, but is not limited
15to, attorney fees, expert witness fees, court costs and
16compensation for loss of income.

17Amend Bill, page 5, line 7, by striking out "2" and inserting

18 3


See A07845 in
the context
of HB1243