Title: Authorizes Civil Action against Local Firearm Laws
Vote Smart's Synopsis:
Vote to pass a bill that authorizes civil action against local firearm laws.
Authorizes any “individual adversely affected” by any firearm law enacted by a county, municipality, or township to seek declaratory or injunctive relief and actual damages in an appropriate court (Sec. 2).
Defines “individual adversely affected” as any of the following (Sec. 2):
A resident of the state who is authorized to legally possess a firearm;
An individual who has standing under the state law to bring about a civil action; or
A membership organization, in which a member is an individual who is authorized to legally possess a firearm or who has standing to bring about a civil action.
Requires the court to award “reasonable expenses” to any individual adversely affected if any of the following occur (Sec. 2):
A final determination by the court is granted in the favor of the individual adversely affected; or
The firearm law in question is rescinded or repealed after the suit has been filed but before the final determination by the court.
Defines “reasonable expenses” as certain expenses including, but not limited to, the following expenses (Sec. 2):
Expert witness fees:
Court costs; and
Compensation for the loss of income.
Requires the Pennsylvania State Police to disclose, within 72 hours of receipt, any record relevant to a determination that any of the following individuals is no longer disqualified to possess a firearm (Sec. 1):
An individual who illegally uses or is addicted to any controlled substance; or
An individual who has been formally considered to be “a mental defective.”