PRINTER'S NO. 499
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TALLMAN, BAKER, BARRAR, BLOOM, EMRICK, HESS, KAUFFMAN, F. KELLER, M. K. KELLER, KNOWLES, MOUL, MUSTIO, READSHAW, REESE, ROCK, SACCONE, SWANGER, EVERETT, MILLARD, GROVE, LAWRENCE, MILLER, C. HARRIS AND STEVENSON, FEBRUARY 4, 2013
REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 4, 2013
1Prohibiting the regulation of firearms by an executive order,
2rule or regulation of the President of the United States or a
3Federal executive agency.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Short title.
7This act shall be known and may be cited as the Firearm
8Regulation Prohibition Act.
9Section 2. Definitions.
10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:
13"Borders of Pennsylvania." The geographic boundaries of
15"Firearms accessories." Items that are used in conjunction
16with or mounted on a firearm but are not essential to the basic
17function of a firearm.
1"Generic and insignificant parts." The term includes
2springs, screws, nuts and pins.
3"Manufactured." The creation of a firearm, a firearm
4accessory or ammunition from basic materials for functional
6Section 3. Legislative findings.
7The General Assembly finds and declares as follows:
8(1) The 10th Amendment to the Constitution of the United
9States guarantees to the states and their people all powers
10not granted to the Federal Government elsewhere in the
11Constitution and reserves to the Commonwealth and people of
12Pennsylvania certain powers as they were understood at the
13time that Pennsylvania was admitted to statehood in 1787. The
14guaranty of those powers is a matter of contract between the
15Commonwealth and people of Pennsylvania and the United States
16as of the time that the compact with the United States was
17agreed upon and adopted by Pennsylvania and the United States
19(2) The 9th Amendment to the Constitution of the United
20States guarantees to the people rights not granted in the
21Constitution and reserves to the people of Pennsylvania
22certain rights as they were understood at the time that
23Pennsylvania was admitted to statehood in 1787. The guaranty
24of those rights is a matter of contract between the
25Commonwealth and people of Pennsylvania and the United States
26as of the time that the compact with the United States was
27agreed upon and adopted by Pennsylvania and the United States
29(3) The 2nd Amendment to the Constitution of the United
30States reserves to the people the right to keep and bear arms
1as that right was understood at the time that Pennsylvania
2was admitted to statehood in 1787, and the guaranty of the
3right is a matter of contract between the Commonwealth and
4people of Pennsylvania and the United States as of the time
5that the compact with the United States was agreed upon and
6adopted by Pennsylvania and the United States in 1787.
7(4) Section 21 of Article I of the Constitution of
8Pennsylvania clearly secures to Pennsylvania citizens, and
9prohibits government interference with, the right of
10individual Pennsylvania citizens to keep and bear arms.
11(5) The Federal and State constitutional guarantees
12enumerated under paragraphs (1), (2), (3) and (4) are
13inviolate and not subject to abrogation by unilateral
14proclamation under a claim of Presidential executive
16Section 4. Firearm regulation.
17(a) Prohibition.--A personal firearm, a firearm accessory or
18ammunition, that is manufactured commercially or privately in
19Pennsylvania and that remains within the borders of Pennsylvania
20shall not be subject to regulation purporting to derive from an
21executive order, rule or regulation of the President of the
22United States or a Federal executive agency.
23(b) Applicability.--This section shall apply to a firearm, a
24firearm accessory or ammunition, that is manufactured in
25Pennsylvania from basic materials and that can be manufactured
26without the inclusion of any significant parts imported from
27another state. Generic and insignificant parts that have other
28manufacturing or consumer accessories or ammunition, and their
29importation into Pennsylvania and incorporation into a firearm,
30a firearm accessory or ammunition, that is manufactured in
1Pennsylvania shall not subject the firearm, firearm accessory or
2ammunition to Federal regulation.
3(c) Enforcement.--A person who restricts or attempts to
4restrict the sale, transfer, possession or use of a firearm
5manufactured commercially or privately in Pennsylvania and that
6remains within the borders of Pennsylvania, under color of
7authority of a Federal executive order, rule or regulation that
8is inconsistent with the laws of this Commonwealth, commits a
9felony of the third degree and shall, upon conviction, be
10sentenced to a term of imprisonment of not less than one year.
11Section 10. Effective date.
12This act shall take effect immediately.