THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY METCALFE, AUMENT, BENNINGHOFF, CALTAGIRONE, CAUSER, COX, CREIGHTON, CUTLER, ELLIS, GABLER, GEORGE, GIBBONS, GRELL, GROVE, HARRIS, HESS, HUTCHINSON, KAUFFMAN, F. KELLER, KNOWLES, KORTZ, KOTIK, KRIEGER, LONGIETTI, MALONEY, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, PERRY, PETRARCA, PYLE, RAPP, READSHAW, ROAE, ROCK, SACCONE, STABACK, STEVENSON, SWANGER, TALLMAN, TURZAI, VULAKOVICH, WHITE AND CHRISTIANA, MAY 11, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2011
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(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 6120. Limitation on the regulation of firearms and
* * *
(a.2) Remedies for unlawful regulation.--Notwithstanding any
other provision of law, a party who brings or maintains an
action at law or in equity against a county, municipality or
township that has regulated the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components in violation of subsection (a) or 53 Pa.C.S. §
2962(g) (relating to limitation on municipal powers), shall be
(1) Reimbursement of actual damages and reasonable
attorney fees and costs incurred if, within 30 days of
commencement of the action but prior to a final determination
by a court in favor of either party, the county, municipality
or township rescinds or repeals the ordinance, resolution or
other practice at issue in the action.
(2) Prejudgment liquidated damages if, after the
expiration of the 30-day period in paragraph (1) but prior to
a final determination by a court in favor of either party,
the county, municipality or township rescinds or repeals the
ordinance, resolution or other practice at issue in the
(3) Postjudgment liquidated damages upon a final
determination by a court in favor of the party who brings or
maintains the action.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
"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.
"Postjudgment liquidated damages." A sum equal to three
times the actual damages, reasonable attorney fees and costs
incurred by a party who successfully brings or maintains an
action described under subsection (a.2).
"Prejudgment liquidated damages." A sum equal to two times
the actual damages, reasonable attorney fees and costs incurred
by a party who brings or maintains an action described under
Section 2. This act shall take effect immediately.