THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, ROBBINS, KASUNIC, RAFFERTY, ORIE, WAUGH, D. WHITE, BRUBAKER, PICCOLA, YAW, WARD, FOLMER, SOLOBAY, SCARNATI, BROWNE, MENSCH, WOZNIAK, BREWSTER AND BOSCOLA, MARCH 16, 2012

REFERRED TO JUDICIARY, MARCH 16, 2012  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities

Generally) of the Pennsylvania Consolidated Statutes, further

providing for limitation on the regulation of firearms and

ammunition and for limitation on municipal powers; and

providing for applicability.

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]

Except as otherwise provided in this section or a statute, no

political subdivision may in any manner regulate [the lawful

ownership, possession, transfer or transportation of] firearms,

firearm accessories, ammunition or ammunition components [when

carried or transported for purposes not prohibited by the laws

of this Commonwealth] or an activity or matter pertaining

thereto.

(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.2)  Remedies for unlawful regulation.--

(1)  A person adversely affected by an ordinance,

resolution, rule or practice promulgated or enforced in

violation of subsection (a) or 53 Pa.C.S. § 2962(g) (relating

to limitation on municipal powers) may file suit in an

appropriate court for declarative and injunctive relief and

for damages attributable to the violation, including

consequential damages.

(2)  Notwithstanding any other provision of law, a party

who brings or maintains an action at law or in equity against

a political subdivision regulating the otherwise lawful

ownership, possession, storage, carrying, transfer or

transportation of firearms, firearm accessories, ammunition

or ammunition components in violation of subsection (a) or 53

Pa.C.S. § 2962(g) is entitled to:

(i)  Reimbursement of 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

political subdivision rescinds or repeals the ordinance,

resolution, rule or practice at issue in the action.

(ii)  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 political subdivision rescinds or

repeals the ordinance, resolution, rule or practice at

issue in the action.

(iii)  Postjudgment liquidated damages upon a final

determination by a court in favor of the party who brings

or maintains the action.

(a.3)  Exceptions.--This section may not be construed to

prevent the following:

(1)  A duly organized law enforcement agency of a

political subdivision from enacting and enforcing rules

pertaining to firearms, firearm accessories, ammunition or

ammunition components issued to or used by peace officers in

the course of their official duties.

(2)  An employer from regulating or prohibiting an

employee's carrying or possession of firearms, firearm

accessories, ammunition or ammunition components during and

in the course of the employee's official duties, provided

that an employee shall not be prohibited from transporting or

storing firearms out of sight in the employee's own locked or

attended vehicle in any manner not prohibited by the laws of

this Commonwealth.

(3)  The enforcement, by an official of a political

subdivision with appropriate authority and jurisdiction, of

regulations or prohibitions pertaining to firearms, firearm

accessories, ammunition or ammunition components that are

enacted by the General Assembly or specifically authorized by

a statute.

(4)  A court or administrative law judge from hearing and

resolving a case or controversy or issuing an opinion or

order on a matter within its jurisdiction.

(5)  The enactment or enforcement of a generally

applicable zoning or business ordinance that includes

firearms businesses along with other businesses, provided

that an ordinance designed or enforced to effectively

restrict or prohibit the sale, purchase, transfer,

manufacture or display of firearms, firearm accessories,

ammunition or ammunition components that is otherwise lawful

under the laws of this Commonwealth is in conflict with this

section and is void.

(6)  A political subdivision from enacting or enforcing

rules of operation and use for a shooting range owned or

operated by the political subdivision.

(7)  A political subdivision from enacting or enforcing

ordinances pertaining to the reckless or negligent discharge

of a firearm.

(8)  A political subdivision that sponsors or conducts a

firearm-related competition or educational or cultural

program from enacting and enforcing rules for participation

in or attendance at the program.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Ammunition or ammunition components."  Fixed cartridge

ammunition, shotgun shells, an individual component of fixed

cartridge ammunition or shotgun shells, a projectile for

muzzleloading a firearm or a propellant used in a firearm or

ammunition.

"Dealer."  The term shall include any person engaged in the

business of selling at wholesale or retail a firearm or

ammunition.

"Firearm accessories."  A device specifically adapted to

enable the wearing or carrying on a person, or the storage or

mounting in or on a conveyance, of a firearm, or an attachment

or device specifically adapted to be inserted into or affixed

onto a firearm to enable, alter or improve the functioning or

capabilities of the firearm.

"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."  In addition to a person who

otherwise has standing under the laws of this Commonwealth to

bring an action under this section, a person who:

(1)  may legally possess a firearm under the laws of this

Commonwealth and the United States;

(2)  owns, possesses, stores, transports, carries or

transfers firearms, ammunition or ammunition components

within the political subdivision in question or would do so

but for the ordinance, resolution, rule or practice at issue;

(3)  is, or if present in the political subdivision in

question would be, subject to the ordinance, resolution, rule

or practice at issue, whether or not an enforcement action

has been initiated or threatened against the person; or

(4)  a membership organization the members of which

include a person described in paragraphs (1), (2) and (3) and

that is dedicated in whole or in part to protecting the

legal, civil or constitutional rights of its membership.

"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 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 damages, reasonable attorney fees and costs incurred by a

party who brings or maintains an action under subsection (a.2).

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

§ 2962.  Limitation on municipal powers.

* * *

(g)  Regulation of firearms.--[A] Except as provided in 18

Pa.C.S § 6120(a.3) (relating to limitation on the regulation of

firearms and ammunition), 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, firearm accessories, ammunition or ammunition

components, as defined in 18 Pa.C.S § 6120(b), or any activity

or matter pertaining thereto.

* * *

Section 3.  This act shall apply to an ordinance, rule,

resolution or policy adopted by a political subdivision, as

defined by 18 Pa.C.S. § 6120(b), or to an official action taken

by an employee or agent of the political subdivision, prior to,

on or after the effective date of this act.

Section 4.  This act shall take effect as follows:

(1)  The addition of 18 Pa.C.S. § 6120(a.2) shall take

effect in 90 days.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.