PRINTER'S NO. 457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PYLE, BLOOM, MILLER, METCALFE, BROOKS, KNOWLES, MOUL, TALLMAN, M. K. KELLER, CUTLER, AUMENT, KORTZ, REED, KAUFFMAN, HICKERNELL, HALUSKA, SWANGER, SACCONE, METZGAR, CAUSER, DUNBAR, MARSHALL, PICKETT, GODSHALL, LAWRENCE, MAJOR, MILLARD, HARKINS, SAINATO, OBERLANDER, EVERETT, REESE, HESS, FLECK, C. HARRIS, READSHAW, EMRICK, GABLER, BENNINGHOFF, CLYMER, MULLERY, ROCK, GROVE AND COX, JANUARY 30, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 30, 2013
1Providing for the possession of firearms in motor vehicles;
2prohibiting certain acts; imposing duties on employers; and
3providing for civil immunity under certain circumstances and
7Section 1. Short title.
10Section 2. Definitions.
14"Employee." A person who:
15(1) works for salary, wages or other remuneration;
16(2) is an independent contractor; or
3"Employer." A sole proprietorship, partnership, corporation,
4limited liability company, professional association,
5cooperative, joint venture, trust, firm, institution,
6association or business entity that has employees.
12"Motor vehicle." An automobile, truck, minivan, sports
13utility vehicle, motor home, recreational vehicle, motorcycle,
14motor scooter or any other vehicle operated on the roads of this
15Commonwealth and required to be registered under the laws of
20Section 3. Legislative intent.
21The General Assembly finds and declares that:
22(1) This act is intended to codify the long-standing
23legislative policy of the Commonwealth that individual
24citizens have a constitutional right to keep and bear arms,
25that they have a constitutional right to possess and keep
26legally owned firearms within their motor vehicles for self-
27defense and other lawful purposes and that these rights are
28not abrogated by virtue of a citizen becoming a customer,
29employee or invitee of a business entity.
30(2) A citizen's lawful possession, transportation and
1secure keeping of firearms and ammunition within the
2citizen's motor vehicle is essential to the exercise of the
3fundamental constitutional right to keep and bear arms and
4the constitutional right of self-defense.
7(4) No citizen can or should be required to waive or
8abrogate the right to possess and securely keep firearms and
9ammunition locked within the citizen's motor vehicle by
10virtue of becoming a customer, employee or invitee of any
11employer or business establishment within this Commonwealth,
12unless specifically required by Federal or State law.
13Section 4. Prohibited acts.
14The following acts are prohibited:
15(1) No public or private employer may prohibit any
16customer, employee or invitee from possessing any legally
17owned firearm when the firearm is lawfully possessed and
18locked inside or locked to a private motor vehicle in a
19parking lot and when the customer, employee or invitee is
20lawfully on the premises of the public or private employer.
21(2) No public or private employer may violate the
22privacy rights of a customer, employee or invitee by verbal
23or written inquiry regarding the presence of a firearm inside
24or locked to a private motor vehicle in a parking lot or by
25an actual search of a private motor vehicle in a parking lot
26to ascertain the presence of a firearm within the vehicle.
27(3) No public or private employer may take any action
28against a customer, employee or invitee based upon verbal or
29written statements of any party concerning possession of a
30firearm stored inside a private motor vehicle in a parking
1lot for lawful purposes.
2(4) A search of a private motor vehicle in the parking
3lot of a public or private employer to ascertain the presence
4of a firearm within the vehicle may only be conducted by on-
5duty law enforcement personnel, based upon due process and
6must comply with constitutional protections.
7(5) No public or private employer may consider the fact
8that an employee or prospective employee holds or does not
9hold a license for a firearm under 18 Pa.C.S. § 6109
10(relating to licenses) unless such license is required for
12(6) No public or private employer may condition
13employment on an agreement by an employee or a prospective
14employee that prohibits an employee from keeping a legal
15firearm locked inside or locked to a private motor vehicle in
16a parking lot when the firearm is kept for lawful purposes.
17(7) No public or private employer may prohibit or
18attempt to prevent any customer, employee or invitee from
19entering the parking lot of the employer's place of business
20because the customer's, employee's or invitee's private motor
21vehicle contains a legal firearm which is:
22(i) being carried for lawful purposes; and
25(8) No public or private employer may terminate the
26employment of or otherwise discriminate against an employee
27or expel a customer or invitee for exercising the
28constitutional right to keep and bear arms or for exercising
29the right of self-defense as long as a firearm is not
30exhibited on company property for any reason other than
1lawful defensive purposes.
2Section 5. Applicability.
6Section 6. Duty of care of public and private employers.
17(c) Construction.--Nothing contained in this section shall
18be construed to expand any existing duty or create any
19additional duty on the part of a public or private employer,
20property owner or property owner's agent.
21Section 7. Enforcement.
22(a) Attorney General.--
26(2) If there is reasonable cause to believe that the
27aggrieved person's rights under this act have been violated
28by a public or private employer, the Attorney General shall
29commence a civil or administrative action for damages,
30injunctive relief and civil penalties and such other relief
3(b) Private causes of action.--
8(2) In any successful action brought by a customer,
9employee or invitee aggrieved under this act, the court shall
10award all reasonable personal costs and losses suffered by
11the aggrieved person as a result of the violation of rights
12under this act.
16Section 8. Exceptions.
17The prohibitions in section 4 do not apply to:
20(2) A correctional institution in this Commonwealth.
23(4) Real property owned or leased by a public or private
24employer or the landlord of a public or private employer upon
25which are conducted substantial activities involving national
26defense, aerospace or homeland security.
27(5) Real property owned or leased by a public or private
28employer or the landlord of a public or private employer upon
29which the primary business conducted is the manufacture, use,
30storage or transportation of combustible or explosive
1materials regulated under Federal or State law, or real
2property owned or leased by an employer who has obtained a
3permit required under 18 U.S.C. § 842 (relating to unlawful
4acts) to engage in the business of importing, manufacturing
5or dealing in explosive materials on such property.
9(7) Any other real property owned or leased by a public
10or private employer or the landlord of a public or private
11employer upon which possession of a firearm or other legal
12product by a customer, employee or invitee is prohibited
13pursuant to any Federal law, contract with a Federal
14Government entity or law of this Commonwealth.
15Section 9. Applicability to causes of action.
18Section 10. Effective date.
19This act shall take effect in 60 days.