AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for limitation on the regulation
4of firearms and ammunition.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 6120(b) of Title 18 of the Pennsylvania
8Consolidated Statutes is amended and the section is amended by
9adding subsections to read:

10§ 6120. Limitation on the regulation of firearms and
11ammunition.

12* * *

13(a.2) Relief.-–A person adversely affected by an ordinance,
14a resolution, regulation, rule, practice or any other action
15promulgated or enforced by a county, municipality or township
16prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)

1(relating to limitation on municipal powers) may seek
2declaratory or injunctive relief and actual damages in an
3appropriate court.

4(a.3)  Reasonable expenses.--A court shall award reasonable
5expenses to a person adversely affected in an action under
6subsection (a.2) for any of the following:

7(1) A final determination by the court is granted in
8favor of the person adversely affected.

9(2) The regulation in question is rescinded, repealed or
10otherwise abrogated after suit has been filed under
11subsection (a.2) but before the final determination by the
12court.

13(b) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection:

16"Dealer." The term shall include any person engaged in the
17business of selling at wholesale or retail a firearm or
18ammunition.

19"Firearms." This term shall have the meaning given to it in
20section 5515 (relating to prohibiting of paramilitary training)
21but shall not include air rifles as that term is defined in
22section 6304 (relating to sale and use of air rifles).

23"Person adversely affected."  Any of the following:

24(1)  A resident of this Commonwealth who may legally
25possess a firearm under Federal and State law.

26(2)  A person who otherwise has standing under the laws
27of this Commonwealth to bring an action under subsection
28(a.2).

29(3) A membership organization, in which a member is a
30person described under paragraphs (1) or (2).

1"Political subdivision." The term shall include any home
2rule charter municipality, county, city, borough, incorporated
3town, township or school district.

4"Reasonable expenses."  The term includes, but is not limited
5to, attorney fees, expert witness fees, court costs and
6compensation for loss of income.

7Section 2. This act shall take effect in 60 days.