PRINTER'S NO. 1669
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1538
Session of
2021
INTRODUCED BY FRANKEL, KENYATTA, SCHLOSSBERG, SANCHEZ, LEE,
N. NELSON, ISAACSON, ZABEL, A. DAVIS, DELLOSO, SIMS,
HOHENSTEIN, OTTEN, McNEILL, SHUSTERMAN, T. DAVIS, DALEY,
FITZGERALD, BULLOCK, ROZZI, KINSEY, SCHWEYER, INNAMORATO,
HERRIN AND DRISCOLL, JUNE 3, 2021
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 2021
AN ACT
Amending Titles 18 (Crimes and Offenses) and 53 (Municipalities
Generally) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
limitation on the regulation of firearms and ammunition; and,
in general provisions, further providing for limitation on
municipal powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6120 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6120. [Limitation on the] Local regulation of firearms and
ammunition.
(a) General rule.--[No] A county, municipality or township
may [in any manner] regulate the [lawful] ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components [when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
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(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.] by
ordinance or any other action that is not otherwise
prohibited by Federal or State law.
(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.] A weapon that is designed to
or may readily be converted to expel a projectile by the action
of an explosive or the frame or receiver of the weapon.
Section 2. Section 2962(g) of Title 53 is amended to read:
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§ 2962. Limitation on municipal powers.
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[(g) Regulation of firearms.--A municipality shall not enact
any ordinance or take any other action dealing with the
regulation of the transfer, ownership, transportation or
possession of firearms.]
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Section 3. This act shall take effect in 60 days.
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