H0979B0991A01080 SFR:EJH 05/24/21 #90 A01080
AMENDMENTS TO HOUSE BILL NO. 979
Sponsor: REPRESENTATIVE FRANKEL
Printer's No. 991
Amend Bill, page 1, lines 1 through 6, by striking out all of
said lines and inserting
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.
Amend Bill, page 1, lines 9 through 15; pages 2 through 4,
lines 1 through 30; page 5, lines 1 through 13; by striking out
all of said lines on said pages and inserting
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
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
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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
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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