Vetoed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to pass a bill that authorizes gun owners and organizations to challenge local guns laws that are stricter than state law.

Highlights:

• Prohibits a county, municipality, or township from in any manner regulating 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 (Sec. 1.a).

• Authorizes a person who is adversely affected by any manner of ordinance, resolution, rule, practice, or other action promulgated, or enforced by a county, municipality, or township may seek declarative and injunctive relief and the actual damages attributable to the violation in an appropriate court (Sec. 1.a.4).

• Specifies if a person adversely affected is a plaintiff who provided 60 days prior written notice of the person's intention to file a claim under this law to the defendant, the court will award reasonable expenses to the person adversely affected if the claim results in the following (Sec. 1.a.4-2):

• A final determination by a court in favor of the person adversely affected; or

• Rescission or repeal of the challenged manner of regulation or enforcement after a suit has been filed but before a final determination by a court.

• Specifies if a person is a defendant in a proceeding asserting a defense, the court will award reasonable expenses payable by the county, municipality or township to the person if the defense results in the withdrawal, or dismissal of the proceeding, an entry of nolle prosequi or an acquittal based on the defense (Sec. 1.a.-4-3).

• Classifies "person adversely affected" as any of the following (Sec. 1.b):

• A person who has standing under the laws of this Commonwealth;

• A resident of this Commonwealth who may legally possess a firearm under the laws of the United States and this Commonwealth; and

• A membership organization.\

• Defines "reasonable expenses" as attorney fees, expert witness fees, court costs, and compensation for loss of income (Sec. 1.b).

• Specifies this law pertains to the regulation of firearms, ammunition, magazines, accessories, firearms components and ammunition components in this Commonwealth, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, use, discharge, transportation, and reporting of loss or theft of firearms, ammunition, firearms components, and ammunition components in this Commonwealth (Sec. 2.a).

• Rescinds and supersedes a local ordinance resolution, regulation, rule, practice, or other action insofar as the local ordinance, resolution, regulation, rule, practice, or other action relating to the regulation of firearms (Sec. 2.b).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes gun owners and organizations to challenge local gun laws that are stricter than state law.

Highlights:

• Prohibits a county, municipality, or township from in any manner regulating 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 (Sec. 1.a).

• Authorizes a person who is adversely affected by any manner of ordinance, resolution, rule, practice, or other action promulgated, or enforced by a county, municipality, or township may seek declarative and injunctive relief and the actual damages attributable to the violation in an appropriate court (Sec. 1.a.4).

• Specifies if a person adversely affected is a plaintiff who provided 60 days prior written notice of the person's intention to file a claim under this law to the defendant, the court will award reasonable expenses to the person adversely affected if the claim results in the following (Sec. 1.a.4-2):

• A final determination by a court in favor of the person adversely affected; or

• Rescission or repeal of the challenged manner of regulation or enforcement after a suit has been filed but before a final determination by a court.

• Specifies if a person is a defendant in a proceeding asserting a defense, the court will award reasonable expenses payable by the county, municipality or township to the person if the defense results in the withdrawal, or dismissal of the proceeding, an entry of nolle prosequi or an acquittal based on the defense (Sec. 1.a.-4-3).

• Classifies "person adversely affected" as any of the following (Sec. 1.b):

• A person who has standing under the laws of this Commonwealth;

• A resident of this Commonwealth who may legally possess a firearm under the laws of the United States and this Commonwealth; and

• A membership organization.\

• Defines "reasonable expenses" as attorney fees, expert witness fees, court costs, and compensation for loss of income (Sec. 1.b).

• Specifies this law pertains to the regulation of firearms, ammunition, magazines, accessories, firearms components and ammunition components in this Commonwealth, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, use, discharge, transportation, and reporting of loss or theft of firearms, ammunition, firearms components, and ammunition components in this Commonwealth (Sec. 2.a).

• Rescinds and supersedes a local ordinance resolution, regulation, rule, practice, or other action insofar as the local ordinance, resolution, regulation, rule, practice, or other action relating to the regulation of firearms (Sec. 2.b).

Full Bill Text