PRINTER'S NO. 1486
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
357
Session of
2015
INTRODUCED BY METCALFE, MUSTIO, METZGAR, SONNEY, A. HARRIS,
BLOOM, KAUFFMAN, BAKER, GROVE, CUTLER, SANKEY, SACCONE,
TALLMAN, DIAMOND, DUSH, OBERLANDER, McGINNIS, GABLER,
LAWRENCE, DUNBAR, MALONEY, KNOWLES, ELLIS, EVERETT,
ZIMMERMAN, MOUL, PHILLIPS-HILL, ROAE, RAPP, MULLERY, GREINER,
HEFFLEY, WARD, EMRICK, GINGRICH, IRVIN, KLUNK, ORTITAY,
B. MILLER, JOZWIAK, FARRY, MARSHALL, GILLEN, FARINA,
PETRARCA, VEREB, STAATS, SCHEMEL, CAUSER, BOBACK, QUIGLEY,
WARNER, SAYLOR, MAJOR, HELM, MILLARD, RADER, PYLE, PEIFER,
PAYNE, JAMES, FEE, COX, EVANKOVICH, REESE, KRIEGER,
F. KELLER, CHRISTIANA, DAY, BARRAR, PICKETT, BENNINGHOFF,
SCHLEGEL CULVER AND HARHART, MAY 11, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 2015
AN ACT
Providing that any Federal law which attempts to register,
restrict or ban a firearm or to limit the size of a magazine
of a firearm in this Commonwealth shall be unenforceable in
this Commonwealth; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right to Bear
Arms Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Firearm accessory." An item that is used in conjunction
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with or mounted on a firearm but is not essential to the basic
function of a firearm.
Section 3. Federal law relating to firearms, accessories and
ammunition.
(a) General rule.--A Federal law, rule, regulation or order
created or taking effect after December 31, 2012, shall be
unenforceable within the borders of this Commonwealth if the
law, rule, regulation or order attempts to register, restrict or
ban the ownership or purchase of a firearm, magazine of a
firearm, firearm accessory or ammunition.
(b) Penalty.--An official, agent or employee of the Federal
Government, Commonwealth or political subdivision who enforces
or attempts to enforce a Federal law under subsection (a)
commits a felony of the third degree and, upon conviction, shall
be subject to imprisonment for not less than one year or more
than seven years, a fine of not more than $15,000, or both.
(c) Enforcement.--The Attorney General shall prosecute
violations of this section.
Section 4. Duty of Attorney General.
The Attorney General shall defend a resident of this
Commonwealth who is prosecuted by the Federal Government for a
violation of Federal law under section 3(a) that attempts to
register, restrict or ban the ownership or purchase of a
firearm, magazine of a firearm, firearm accessory or ammunition
that is retained in this Commonwealth.
Section 5. Effective date.
This act shall take effect in 60 days.
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