Bill Text: PA HB752 | 2011-2012 | Regular Session | Introduced

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Bill Title: Prohibiting certain firearms, firearm accessories or ammunition from being subject to Federal law or Federal regulation.

Spectrum: Moderate Partisan Bill (Republican 74-14)

Status: (Introduced - Dead) 2011-02-17 - Referred to JUDICIARY [HB752 Detail]

Download: Pennsylvania-2011-HB752-Introduced.html

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PRINTER'S NO. 768
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 752 Session of2011
INTRODUCED BY GABLER, BENNINGHOFF, AUMENT, BAKER, BARRAR, BEAR, BLOOM, BOBACK, BOYD, BROOKS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, CREIGHTON, CUTLER, DAY, DENLINGER, EVANKOVICH, EVERETT, FABRIZIO, FLECK, GEIST, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GROVE, HARHART, HARRIS, HEFFLEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KNOWLES, KORTZ, KRIEGER, MAJOR, MARSHALL, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MURT, OBERLANDER, PAYNE, PETRARCA, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROCK, SACCONE, S. H. SMITH, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VULAKOVICH AND WHITE, FEBRUARY 17, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 17, 2011
AN ACT
Prohibiting certain firearms, firearm accessories or ammunition
from being subject to Federal law or Federal regulation.
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 Firearms
Freedom Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) The 10th Amendment to the Constitution of the United
States guarantees to the states and their people all powers
not granted to the Federal Government elsewhere in the
Constitution and reserves to the Commonwealth and people of
Pennsylvania certain powers as they were understood at the
time that Pennsylvania was admitted to statehood in 1787. The
guaranty of those powers is a matter of contract between the
Commonwealth and people of Pennsylvania and the United States
as of the time that the compact with the United States was
agreed upon and adopted by Pennsylvania and the United States
in 1787.
(2) The 9th Amendment to the Constitution of the United
States guarantees to the people rights not granted in the
Constitution and reserves to the people of Pennsylvania
certain rights as they were understood at the time that
Pennsylvania was admitted to statehood in 1787. The guaranty
of those rights is a matter of contract between the
Commonwealth and people of Pennsylvania and the United States
as of the time that the compact with the United States was
agreed upon and adopted by Pennsylvania and the United States
in 1787.
(3) The regulation of intrastate commerce is vested in
the states under the 9th and 10th Amendments to the
Constitution of the United States, particularly if not
expressly preempted by Federal law. Congress has not
expressly preempted state regulation of intrastate commerce
pertaining to the manufacture on an intrastate basis of
firearms, firearms accessories and ammunition.
(4) The 2nd Amendment to the Constitution of the United
States reserves to the people the right to keep and bear arms
as that right was understood at the time that Pennsylvania
was admitted to statehood in 1787, and the guaranty of the
right is a matter of contract between the Commonwealth and
people of Pennsylvania and the United States as of the time
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that the compact with the United States was agreed upon and
adopted by Pennsylvania and the United States in 1787.
(5) Section 21 of Article I of the Constitution of
Pennsylvania clearly secures to Pennsylvania citizens, and
prohibits government interference with, the right of
individual Pennsylvania citizens to keep and bear arms.
Section 3. 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:
"Borders of Pennsylvania." The geographic boundaries of
Pennsylvania.
"Firearms accessories." Items that are used in conjunction
with or mounted on a firearm but are not essential to the basic
function of a firearm.
"Generic and insignificant parts." The term includes
springs, screws, nuts and pins.
"Manufactured." The creation of a firearm, a firearm
accessory or ammunition from basic materials for functional
usefulness.
Section 4. Prohibitions.
(a) Federal law.--A personal firearm, a firearm accessory or
ammunition that is manufactured commercially or privately in
Pennsylvania and that remains within the borders of Pennsylvania
shall not be subject to Federal law or Federal regulation,
including registration, under the authority of Congress to
regulate interstate commerce.
(b) Applicability.--This section shall apply to a firearm, a
firearm accessory or ammunition that is manufactured in
Pennsylvania from basic materials and that can be manufactured
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without the inclusion of any significant parts imported from
another state. Generic and insignificant parts that have other
manufacturing or consumer accessories or ammunition, and their
importation into Pennsylvania and incorporation into a firearm,
a firearm accessory or ammunition manufactured in Pennsylvania
shall not subject the firearm, firearm accessory or ammunition
to Federal regulation.
(c) Declarations.--The General Assembly declares as follows:
(1) That a personal firearm, a firearm accessory or
ammunition that is manufactured commercially or privately in
Pennsylvania and that remains within the borders of
Pennsylvania has not traveled in interstate commerce.
(2) That basic materials are not subject to
Congressional authority to regulate firearms, firearms
accessories and ammunition under interstate commerce as if
they were actually firearms, firearms accessories or
ammunition and that the authority of Congress to regulate
interstate commerce in basic materials does not include
authority to regulate firearms, firearms accessories and
ammunition made in Pennsylvania from those materials.
Firearms accessories that are imported into Pennsylvania from
another state and that are subject to Federal regulation as
being in interstate commerce do not subject a firearm to
Federal regulation under interstate commerce because they are
attached to or used in conjunction with a firearm in
Pennsylvania.
(d) Exceptions.--This section shall not apply to any of the
following:
(1) A firearm that cannot be carried and used by one
person.
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(2) A firearm that has a bore diameter greater than 1
and 1/2 inches and that uses smokeless powder, not black
powder, as a propellant.
(3) Ammunition with a projectile that explodes using an
explosion of chemical energy after the projectile leaves the
firearm.
(4) A firearm that discharges two or more projectiles
with one activation of the trigger or other firing device.
Section 5. Marketing of firearms.
A firearm manufactured or sold in Pennsylvania under this act
must have the words "Made in Pennsylvania" clearly stamped on a
central metallic part.
Section 6. Applicability.
This act shall apply to firearms, firearms accessories and
ammunition that are manufactured and retained in Pennsylvania
after July 1, 2011.
Section 20. Effective date.
This act shall take effect in 60 days.
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