PRINTER'S NO. 1065
No. 957 Session of 1999
INTRODUCED BY FORCIER, METCALFE, HESS, SURRA, STABACK, WILT,
SEYFERT, ARMSTRONG, BAKER, BARRAR, BASTIAN, BELFANTI,
BENNINGHOFF, BIRMELIN, BUNT, CALTAGIRONE, CAWLEY, CHADWICK,
CLARK, CLYMER, DALEY, DEMPSEY, DeWEESE, DiGIROLAMO, EACHUS,
EGOLF, FAIRCHILD, FEESE, FLEAGLE, GEIST, GODSHALL, GRUCELA,
HANNA, HASAY, HERSHEY, HORSEY, HUTCHINSON, JADLOWIEC, KREBS,
LaGROTTA, LAWLESS, LEH, LUCYK, LYNCH, MARKOSEK, McCALL,
PIPPY, McILHATTAN, McILHINNEY, McNAUGHTON, R. MILLER,
S. MILLER, NICKOL, ORIE, PERZEL, PETRARCA, PETRONE, PHILLIPS,
PLATTS, READSHAW, ROBERTS, ROHRER, SAINATO, SATHER, SAYLOR,
SCHRODER, SCHULER, SCRIMENTI, SERAFINI, SHANER, B. SMITH,
S. H. SMITH, SNYDER, SOLOBAY, STAIRS, STERN, STEVENSON,
TIGUE, TRAVAGLIO, TRUE, VANCE, VEON, WOJNAROSKI, WRIGHT,
YEWCIC, YUDICHAK AND ZIMMERMAN, MARCH 22, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for limitation on
3 municipal regulation of firearms and ammunition.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6120 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6120. Limitation on municipal regulation of firearms and
9 ammunition.
10 (a) General rule.--No [county, municipality or township]
11 political subdivision may in any manner regulate the lawful
12 ownership, possession, transfer or transportation of firearms,
1 ammunition or ammunition components when carried or transported
2 for purposes not prohibited by the laws of this Commonwealth.
3 (a.1) No right of action.--
4 (1) No political subdivision may bring or maintain an
5 action at law or in equity against any firearms or ammunition
6 manufacturer, trade association or dealer for damages,
7 abatement, injunctive relief or any other relief or remedy
8 resulting from or relating to either the design or
9 manufacture of firearms or ammunition or the marketing or
10 sale of firearms or ammunition to the public.
11 (2) Nothing in this subsection shall be construed to
12 prohibit a political subdivision from bringing or maintaining
13 an action against a firearms or ammunition manufacturer or
14 dealer for breach of contract or warranty as to firearms or
15 ammunition purchased by the political subdivision.
16 (b) [Definition.--For the purposes of this section, the term
17 "firearms" has the meaning given in section 5515 (relating to
18 prohibiting of paramilitary training) but shall not include air
19 rifles as defined in section 6304 (relating to sale and use of
20 air rifles).] Definitions.--As used in this section, the
21 following words and phrases shall have the meanings given to
22 them in this subsection:
23 "Firearms." This term shall have the meaning given to it in
24 section 5515 (relating to prohibiting of paramilitary training),
25 but shall not include air rifles as that term is defined in
26 section 6304 (relating to sale and use of air rifles).
27 "Political subdivision." Includes, but is not limited to,
28 any home rule charter municipality, county, city, borough,
29 incorporated town, township, school district, vocational school
30 district, or county institution district, or any department,
19990H0957B1065 - 2 -
1 agency or authority thereof.
2 Section 2. This act shall apply to all actions pending on or
3 brought after the effective date of this act.
4 Section 3. The provisions of this act are severable. If any
5 provision of this act or its application to any person or
6 circumstance is held invalid, the invalidity shall not affect
7 other provisions or applications of this act which can be given
8 effect without the invalid provision or application.
9 Section 4. This act shall take effect immediately.
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