PRINTER'S NO. 916
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY METCALFE, PYLE, BAKER, BLOOM, CAUSER, CLYMER, COX, CUTLER, DUNBAR, EMRICK, EVERETT, GABLER, GIBBONS, GILLEN, GODSHALL, GROVE, HAHN, C. HARRIS, HESS, KAUFFMAN, F. KELLER, KNOWLES, KORTZ, KRIEGER, LAWRENCE, MALONEY, METZGAR, MILLARD, MILLER, MILNE, MULLERY, MUSTIO, NEUMAN, OBERLANDER, READSHAW, ROAE, SAYLOR, SIMMONS, STEVENSON, SWANGER, TALLMAN, SACCONE, REESE AND CHRISTIANA, FEBRUARY 25, 2013
REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 25, 2013
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.
12* * *
13(a.2) Unlawful regulation.--
5(2) Notwithstanding any other provision of law, a party
6who brings or maintains an action at law or in equity against
7a political subdivision that has regulated the otherwise
8lawful ownership, possession, storage, carrying, transfer or
9transportation of firearms, ammunition or ammunition
10components in violation of subsection (a) or of 53 Pa.C.S. §
112962(g) shall be entitled to all of the following:
12(i) Reimbursement of actual damages and reasonable
13attorney fees and costs incurred if, within 30 days of
14commencement of the action but prior to a final
15determination by a court in favor of either party, the
16political subdivision rescinds or repeals the ordinance,
17resolution, rule or practice at issue in the action.
18(ii) Prejudgment liquidated damages if, after the
19expiration of the 30-day period under paragraph (1) but
20prior to a final determination by a court in favor of
21either party, the political subdivision rescinds or
22repeals the ordinance, resolution, rule or practice at
23issue in the action.
27(3) If a court finds that the county, municipality or
28township violated subsection (a) or 53 Pa.C.S. § 2962(g), the
29court may impose a civil penalty on the county, municipality
30or township of up to $5,000.
4"Ammunition or ammunition components." Fixed cartridge
5ammunition, shotgun shells, the individual components of fixed
6cartridge ammunition and shotgun shells, projectiles for
7muzzleloading firearms and any propellant used in firearms or
12"Firearms." This term shall have the meaning given to it in
13section 5515 (relating to prohibiting of paramilitary training)
14but shall not include air rifles as that term is defined in
15section 6304 (relating to sale and use of air rifles).
16"Person adversely affected." Any of the following:
19(2) Any person who meets all of the following:
22(ii) Owns, possesses, stores, transports, carries or
23transfers firearms, ammunition or ammunition components
24within a political subdivision or would do so but for the
25ordinance, resolution, rule or practice in a political
27(iii) Is or, if present in a political subdivision,
28would be subject to the ordinance, resolution, rule or
29practice in the political subdivision, whether or not
30specific enforcement action has been initiated or
1threatened against the person.
2(3) A membership organization, the members of which
3include a person described under this paragraph, that is
4dedicated in whole or in part to protecting the legal, civil
5or constitutional rights of its membership.
9"Postjudgment liquidated damages." A sum equal to three
10times the actual damages, reasonable attorney fees and costs
11incurred by a party who successfully brings or maintains an
12action described under subsection (a.2)(2).
13"Prejudgment liquidated damages." A sum equal to two times
14the actual damages, reasonable attorney fees and costs incurred
15by a party who brings or maintains an action described under
17Section 2. The amendment or addition of 18 Pa.C.S. §
186120(a.2) and (b) shall apply to an ordinance, rule, resolution
19or policy adopted by a political subdivision or to official
20actions taken by an employee or agent of a political
21subdivision, before, on or after the effective date of this
23Section 3. This act shall take effect immediately.