PRINTER'S NO. 1915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1696
Session of
2021
INTRODUCED BY JOZWIAK, KAUFFMAN, COX, MILLARD, SMITH, GREINER,
HAMM, RYAN, KNOWLES, ROTHMAN, BERNSTINE, JAMES, DIAMOND,
DAVANZO, SCHMITT, IRVIN, STAATS, OBERLANDER, JONES, MOUL,
PENNYCUICK, ROWE, STRUZZI, SAYLOR, HEFFLEY, BOROWICZ,
ZIMMERMAN, KEEFER AND GILLEN, JUNE 24, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 24, 2021
AN ACT
Providing for Second Amendment Preservation Act, for limitation
of Federal law and for private cause of action.
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 Second
Amendment Preservation Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) The General Assembly is firmly resolved to support
and defend the Constitution of the United States against
every aggression, either foreign or domestic, and the General
Assembly is duty bound to watch over and oppose every
infraction of those principles which constitute the basis of
the Union of the States, because only a faithful observance
of those principles can secure the nation's existence and the
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public happiness.
(2) Acting through the Constitution of the United
States, the people of the several states created the Federal
Government to be their agent in the exercise of a few defined
powers, while reserving to the state governments the power to
legislate on matters which concern the lives, liberties and
properties of citizens in the ordinary course of affairs.
(3) The limitation of the Federal Government's power is
affirmed under the Tenth Amendment to the Constitution of the
United States, which defines the total scope of Federal power
as being that which has been delegated by the people of the
several states to the Federal Government, and all power not
delegated to the Federal Government in the Constitution of
the United States is reserved to the states respectively, or
to the people themselves.
(4) Whenever the Federal Government assumes powers that
the people did not grant it in the Constitution, its acts are
unauthoritative, void and of no force.
(5) The several states of the United States are not
united on the principle of unlimited submission to their
Federal Government. If the government created by the compact
among the states were the exclusive or final judge of the
extent of the powers granted to it by the Constitution, the
Federal Government's discretion, and not the Constitution,
would be the measure of those powers. To the contrary, as in
all other cases of compacts among powers having no common
judge, each party has an equal right to judge itself, as well
as infractions of the mode and measure of redress. Although
the several states have granted supremacy to laws and
treaties made pursuant to the powers granted in the
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Constitution, supremacy does not apply to various Federal
statutes, orders, rules, regulations or other actions which
restrict or prohibit the manufacture, ownership and use of
firearms, firearm accessories or ammunition exclusively
within the borders of this Commonwealth and those statutes,
orders, rules, regulations and other actions exceed the
powers granted to the Federal Government except to the extent
they are necessary and proper for the government and
regulation of the land and naval forces of the United States
or for the organizing, arming and disciplining of militia
forces actively employed in the service of the United States
Armed Forces.
(6) The people of the several states have given the
Congress of the United States the power "to regulate commerce
with foreign nations, and among the several states, and with
the Indian tribes," but "regulating commerce" does not
include the power to limit citizens' right to keep and bear
arms in defense of their families, neighbors, persons or
property or to dictate to what sort of arms and accessories
law-abiding mentally competent residents of this Commonwealth
may buy, sell, exchange or otherwise possess within the
borders of this Commonwealth.
(7) The people of the several states have also given
Congress the power "to lay and collect taxes, duties,
imports, and excises, to pay the debts, and provide for the
common defense and general welfare of the United States" and
"to make all laws which shall be necessary and proper for
carrying into execution the powers vested by the Constitution
in the government of the United States, or in any department
or officer thereof". These constitutional provisions merely
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identify the means by which the Federal Government may
execute its limited powers and ought not to be so construed
as themselves to give unlimited powers because to do so would
be to destroy the balance of power between the Federal
Government and the state governments. The General Assembly
denies any claim that the taxing and spending powers of
Congress can be used to diminish in any way the people's
right to keep and bear arms.
(8) The citizens of this Commonwealth have vested the
General Assembly with the authority to regulate the
manufacture, possession, exchange and use of firearms within
the borders of this Commonwealth, subject only to the limits
imposed by the Second Amendment to the Constitution of the
United States and the Constitution of Pennsylvania.
Section 3. Limitation of Federal law.
All Federal acts, laws, orders, rules and regulations,
whether past, present or future, which infringe on the people's
right to keep and bear arms as guaranteed by the Second
Amendment to the Constitution of the United States and section
21 of Article I of the Constitution of Pennsylvania shall be
invalid in this Commonwealth, shall not be recognized by this
Commonwealth, shall be specifically rejected by this
Commonwealth and shall be considered null and void and of no
effect in this Commonwealth. The Federal acts, laws, orders,
rules and regulations subject to this section shall include, but
are not limited to:
(1) The National Firearms Act of 1934 (Public Law 73-
474, 48 Stat. 1236).
(2) The Gun Control Act of 1968 (Public Law 90-618, 82
Stat. 1213).
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(3) Any tax, levy, fee or stamp imposed on firearms,
firearm accessories or ammunition not common to all other
goods and services which could have a chilling effect on the
purchase or ownership of those items by a law-abiding
citizen.
(4) Any registering or tracking of firearms, firearm
accessories or ammunition which could have a chilling effect
on the purchase or ownership of those items by a law-abiding
citizen.
(5) Any registering or tracking of the owners of
firearms, firearm accessories or ammunition which could have
a chilling effect on the purchase or ownership of those items
by a law-abiding citizen.
(6) Any act forbidding the possession, ownership or use
or transfer of any type of firearm, firearm accessory or
ammunition by a law-abiding citizen.
(7) Any act ordering the confiscation of firearms,
firearm accessories or ammunition from a law-abiding citizen.
Section 4. Enforcement.
It shall be the duty of the courts and law enforcement
agencies of this Commonwealth to protect the rights of law-
abiding citizens to keep and bear arms within the borders of
this Commonwealth and enforce the provisions of section 3.
Section 5. Prohibitions.
No public officer or employee of this Commonwealth may
enforce or attempt to enforce any of the infringements on the
right to keep and bear arms included in section 3. Any official,
agent or employee of the United States Government who enforces
or attempts to enforce any of the infringements on the right to
keep and bear arms included in section 3 shall be guilty of a
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misdemeanor punishable by up to five years' imprisonment and a
fine of up to $10,000.
Section 6. Private cause of action.
Any citizen who has been subject to an effort to enforce any
of the infringements on the right to keep and bear arms included
in section 3 shall have a private cause of action for
declaratory judgment and for damages against any person or
entity attempting the enforcement.
Section 7. Effective date.
This act shall take effect in 60 days.
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