THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, AUMENT, BENNINGHOFF, CALTAGIRONE, CAUSER, COX, CREIGHTON, CUTLER, ELLIS, GABLER, GEORGE, GIBBONS, GRELL, GROVE, HARRIS, HESS, HUTCHINSON, KAUFFMAN, F. KELLER, KNOWLES, KORTZ, KOTIK, KRIEGER, LONGIETTI, MALONEY, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, PERRY, PETRARCA, PYLE, RAPP, READSHAW, ROAE, ROCK, SACCONE, STABACK, STEVENSON, SWANGER, TALLMAN, TURZAI, VULAKOVICH, WHITE, CHRISTIANA, SAYLOR, HICKERNELL, BAKER, HAHN, DENLINGER, LAWRENCE, HELM, BROOKS, HARHART, M. K. KELLER, EVANKOVICH, TOOHIL, MARSHALL, HEFFLEY, GOODMAN, GILLEN, BEAR, REICHLEY, OBERLANDER, STERN, HARHAI, NEUMAN, D. COSTA, EMRICK AND BLOOM, MAY 11, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2012   

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for limitation on the regulation

of firearms and ammunition.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6120(b) of Title 18 of the Pennsylvania

<--

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 6120.  Limitation on the regulation of firearms and

ammunition.

* * *

(a.2)  Remedies for unlawful regulation.--Notwithstanding any

other provision of law, a party who brings or maintains an

action at law or in equity against a county, municipality or

township that has regulated the lawful ownership, possession,

transfer or transportation of firearms, ammunition or ammunition

components in violation of subsection (a) or 53 Pa.C.S. §

2962(g) (relating to limitation on municipal powers), shall be

entitled to:

(1)  Reimbursement of actual damages and reasonable

attorney fees and costs incurred if, within 30 days of

commencement of the action but prior to a final determination

by a court in favor of either party, the county, municipality

or township rescinds or repeals the ordinance, resolution or

other practice at issue in the action.

(2)  Prejudgment liquidated damages if, after the

expiration of the 30-day period in paragraph (1) but prior to

a final determination by a court in favor of either party,

the county, municipality or township rescinds or repeals the

ordinance, resolution or other practice at issue in the

action.

(3)  Postjudgment liquidated damages upon a final

determination by a court in favor of the party who brings or

maintains the action.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Dealer."  The term shall include any person engaged in the

business of selling at wholesale or retail a firearm or

ammunition.

"Firearms."  This term shall have the meaning given to it in

section 5515 (relating to prohibiting of paramilitary training)

but shall not include air rifles as that term is defined in

section 6304 (relating to sale and use of air rifles).

"Political subdivision."  The term shall include any home

rule charter municipality, county, city, borough, incorporated

town, township or school district.

"Postjudgment liquidated damages."  A sum equal to three

times the actual damages, reasonable attorney fees and costs

incurred by a party who successfully brings or maintains an

action described under subsection (a.2).

"Prejudgment liquidated damages."  A sum equal to two times

the actual damages, reasonable attorney fees and costs incurred

by a party who brings or maintains an action described under

subsection (a.2).

Section 2.  This act shall take effect immediately.

Section 1.  Section 6120(b) of Title 18 of the Pennsylvania

<--

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 6120.  Limitation on the regulation of firearms and

ammunition.

* * *

(a.2)  Unlawful regulation.--

(1)  A person adversely affected by any ordinance,

resolution, rule or practice promulgated or enforced in

violation of subsection (a) or of 53 Pa.C.S. 2962(g)

(relating to limitation on municipal powers) may file suit in

an appropriate court for declarative and injunctive relief

and for all actual and consequential damages attributable to

the violation.

(2)  Notwithstanding any other provision of law, a party

who brings or maintains an action at law or in equity against

a political subdivision that has regulated the otherwise

lawful ownership, possession, storage, carrying, transfer or

transportation of firearms, ammunition or ammunition

components in violation of subsection (a) or of 53 Pa.C.S. § 

2962(g) shall be entitled to all of the following:

(i)  Reimbursement of actual damages and reasonable

attorney fees and costs incurred if, within 30 days of

commencement of the action but prior to a final

determination by a court in favor of either party, the

political subdivision rescinds or repeals the ordinance,

resolution, rule or practice at issue in the action.

(ii)  Prejudgment liquidated damages if, after the

expiration of the 30-day period under paragraph (1) but

prior to a final determination by a court in favor of

either party, the political subdivision rescinds or

repeals the ordinance, resolution, rule or practice at

issue in the action.

(iii)  Postjudgment liquidated damages upon a final

determination by a court in favor of the party who brings

or maintains the action.

(3)  If a court finds that the county, municipality or

township violated subsection (a) or 53 Pa.C.S. § 2962(g), the

court may impose a civil penalty on the county, municipality

or township of up to $5,000.

(b)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Ammunition or ammunition components."  Fixed cartridge

ammunition, shotgun shells, the individual components of fixed

cartridge ammunition and shotgun shells, projectiles for

muzzleloading firearms and any propellant used in firearms or

ammunition.

"Dealer."  The term shall include any person engaged in the

business of selling at wholesale or retail a firearm or

ammunition.

"Firearms."  This term shall have the meaning given to it in

section 5515 (relating to prohibiting of paramilitary training)

but shall not include air rifles as that term is defined in

section 6304 (relating to sale and use of air rifles).

"Person adversely affected."  Any of the following:

(1)  Any person who otherwise has standing under the laws

of this Commonwealth to bring an action under this section.

(2)  Any person who meets all of the following:

(i)  Can legally possess a firearm under the laws of

this Commonwealth and the United States.

(ii)  Owns, possesses, stores, transports, carries or

transfers firearms, ammunition or ammunition components

within a political subdivision or would do so but for the

ordinance, resolution, rule or practice in a political

subdivision.

(iii)  Is or, if present in a political subdivision,

would be subject to the ordinance, resolution, rule or

practice in the political subdivision, whether or not

specific enforcement action has been initiated or

threatened against the person.

(3)  A membership organization, the members of which

include a person described under this paragraph, that is

dedicated in whole or in part to protecting the legal, civil

or constitutional rights of its membership.

"Political subdivision."  The term shall include any home

rule charter municipality, county, city, borough, incorporated

town, township or school district.

"Postjudgment liquidated damages."  A sum equal to three

times the actual damages, reasonable attorney fees and costs

incurred by a party who successfully brings or maintains an

action described under subsection (a.2)(2).

"Prejudgment liquidated damages."  A sum equal to two times

the actual damages, reasonable attorney fees and costs incurred

by a party who brings or maintains an action described under

subsection (a.2)(2).

Section 2.  The amendment or addition of 18 Pa.C.S. §

6120(a.2) and (b) shall apply to an ordinance, rule, resolution

or policy adopted by a political subdivision or to official

actions taken by an employee or agent of a political

subdivision, before, on or after the effective date of this

section.

Section 3.  This act shall take effect immediately.