Bill Text: PA SB273 | 2011-2012 | Regular Session | Amended


Bill Title: In firearms and other dangerous articles, further providing for definitions and for sale or transfer of firearms; and, in particular rights and immunities, further providing for civil immunity for use of force and providing for declarative and injunctive relief and certain damages.

Spectrum: Moderate Partisan Bill (Republican 25-7)

Status: (Engrossed - Dead) 2012-06-29 - Removed from table [SB273 Detail]

Download: Pennsylvania-2011-SB273-Amended.html

HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 271, 769

PRINTER'S NO.  2243

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

273

Session of

2011

  

  

INTRODUCED BY ALLOWAY, WOZNIAK, ROBBINS, FONTANA, EICHELBERGER, ORIE, FOLMER, PILEGGI, BREWSTER, SMUCKER, SOLOBAY, RAFFERTY, YAW, VOGEL, SCARNATI, BOSCOLA, STACK, PIPPY, MENSCH, TOMLINSON, BROWNE, WARD, YUDICHAK, D. WHITE, KASUNIC, GORDNER, PICCOLA, BAKER, BRUBAKER, WAUGH, McILHINNEY AND ARGALL, JANUARY 26, 2011

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2012   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

2

Judicial Procedure) of the Pennsylvania Consolidated

3

Statutes, in general principles of justification, further

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4

providing for definitions, for use of force in self-

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5

protection, for use of force for the protection of other

6

persons, for grading of theft offenses and for licenses to

7

carry firearms; and providing for civil immunity for use of

8

force. in firearms and other dangerous articles, further

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9

providing for definitions and for sale or transfer of

10

firearms; and, in particular rights and immunities, further

11

providing for civil immunity for use of force and providing

12

for declarative and injunctive relief and certain damages.

13

The General Assembly finds that:

14

(1)  It is proper for law-abiding people to protect

15

themselves, their families and others from intruders and

16

attackers without fear of prosecution or civil action for

17

acting in defense of themselves and others.

18

(2)  The Castle Doctrine is a common law doctrine of

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19

ancient origins which declares that a home is a person's

20

castle.

 


1

(3) (2)  Section 21 of Article I of the Constitution of

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2

Pennsylvania guarantees that the "right of the citizens to

3

bear arms in defense of themselves and the State shall not be

4

questioned."

5

(4)  Persons residing in or visiting this Commonwealth

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6

have a right to expect to remain unmolested within their

7

homes or vehicles.

8

(5)  No person should be required to surrender his or her

9

personal safety to a criminal, nor should a person be

10

required to needlessly retreat in the face of intrusion or

11

attack outside the person's home or vehicle.

12

(3)  Commonwealth law currently limits regulation of

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13

firearms, ammunition and ammunition components by political

14

subdivisions in order to further the right guaranteed by

15

section 21 of Article I of the Constitution of Pennsylvania.

16

(4)  Unlawful regulation of firearms, ammunition and

17

ammunition components by political subdivisions and the

18

threat of citation, prosecution or other legal process posed

19

by such regulation interfere with this right.

20

(5)  Such interference with the right guaranteed by

21

section 21 of Article I of the Constitution of Pennsylvania

22

unduly inhibits law-abiding people from protecting

23

themselves, their families and others from intruders and

24

attackers and from other legitimate uses of constitutionally

25

protected arms, including hunting and sporting activities.

26

The General Assembly of the Commonwealth of Pennsylvania

27

hereby enacts as follows:

28

Section 1.  Section 501 of Title 18 of the Pennsylvania

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29

Consolidated Statutes is amended to read:

30

§ 501.  Definitions.

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1

Subject to additional definitions contained in subsequent

2

provisions of this chapter which are applicable to specific

3

provisions of this chapter, the following words and phrases,

4

when used in this chapter shall have, unless the context clearly

5

indicates otherwise, the meanings given to them in this section:

6

"Believes" or "belief."  Means "reasonably believes" or

7

"reasonable belief."

8

"Correctional institution."  Any penal institution,

9

penitentiary, State farm, reformatory, prison, jail, house of

10

correction, or other institution for the incarceration or

11

custody of persons under sentence for offenses or awaiting trial

12

or sentence for offenses.

13

"Corrections officer."  A full-time employee assigned to the

14

Department of Corrections whose principal duty is the care,

15

custody and control of inmates of a penal or correctional

16

institution operated by the Department of Corrections. 

17

"Deadly force."  Force which, under the circumstances in

18

which it is used, is readily capable of causing death or serious

19

bodily injury.

20

"Dwelling."  Any building or structure, including any

21

attached porch, deck or patio, though movable or temporary, or a

22

portion thereof, which is for the time being the home or place

23

of lodging of the actor.

24

"Peace officer."  Any person who by virtue of his office or

25

public employment is vested by law with a duty to maintain

26

public order or to make arrests for offenses, whether that duty

27

extends to all offenses or is limited to specific offenses, or

28

any person on active State duty pursuant to [section 311 of the

29

act of May 27, 1949 (P.L.1903, No.568), known as "The Military

30

Code of 1949."] 51 Pa.C.S. § 508 (relating to active duty for

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1

emergency). The term "peace officer" shall also include any

2

member of any park police department of any county of the third

3

class.

4

"Residence."  A dwelling in which a person resides, either

5

temporarily or permanently, or visits as an invited guest.

6

"Unlawful force."  Force, including confinement, which is

7

employed without the consent of the person against whom it is

8

directed and the employment of which constitutes an offense or

9

actionable tort or would constitute such offense or tort except

10

for a defense (such as the absence of intent, negligence, or

11

mental capacity; duress; youth; or diplomatic status) not

12

amounting to a privilege to use the force. Assent constitutes

13

consent, within the meaning of this section, whether or not it

14

otherwise is legally effective, except assent to the infliction

15

of death or serious bodily injury.

16

"Vehicle."  A conveyance of any kind, whether or not

17

motorized, which is designed to transport people or property.

18

Section 2.  Section 505(b) of Title 18 is amended and the

19

section is amended by adding a subsection to read:

20

§ 505.  Use of force in self-protection.

21

* * *

22

(b)  Limitations on justifying necessity for use of force.--

23

(1)  The use of force is not justifiable under this

24

section:

25

(i)  to resist an arrest which the actor knows is

26

being made by a peace officer, although the arrest is

27

unlawful; or

28

(ii)  to resist force used by the occupier or

29

possessor of property or by another person on his behalf,

30

where the actor knows that the person using the force is

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1

doing so under a claim of right to protect the property,

2

except that this limitation shall not apply if:

3

(A)  the actor is a public officer acting in the

4

performance of his duties or a person lawfully

5

assisting him therein or a person making or assisting

6

in a lawful arrest;

7

(B)  the actor has been unlawfully dispossessed

8

of the property and is making a reentry or recaption

9

justified by section 507 of this title (relating to

10

use of force for the protection of property); or

11

(C)  the actor believes that such force is

12

necessary to protect himself against death or serious

13

bodily injury.

14

(2)  The use of deadly force is not justifiable under

15

this section unless the actor believes that such force is

16

necessary to protect himself against death, serious bodily

17

injury, kidnapping or sexual intercourse compelled by force

18

or threat; nor is it justifiable if:

19

(i)  the actor, with the intent of causing death or

20

serious bodily injury, provoked the use of force against

21

himself in the same encounter; or

22

(ii)  the actor knows that he can avoid the necessity

23

of using such force with complete safety by retreating

24

[or by surrendering possession of a thing to a person

25

asserting a claim of right thereto or by complying with a

26

demand that he abstain from any action which he has no

27

duty to take], except [that:

28

(A)]  the actor is not obliged to retreat from

29

his dwelling or place of work, unless he was the

30

initial aggressor or is assailed in his place of work

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1

by another person whose place of work the actor knows

2

it to be[; and

3

(B)  a public officer justified in using force in

4

the performance of his duties or a person justified

5

in using force in his assistance or a person

6

justified in using force in making an arrest or

7

preventing an escape is not obliged to desist from

8

efforts to perform such duty, effect such arrest or

9

prevent such escape because of resistance or

10

threatened resistance by or on behalf of the person

11

against whom such action is directed].

12

(2.1)  Except as otherwise provided in paragraph (2.2),

13

an actor is presumed to have a reasonable belief that deadly

14

force is immediately necessary to protect himself against

15

death, serious bodily injury, kidnapping or sexual

16

intercourse compelled by force or threat if both of the

17

following conditions exist:

18

(i)  The person against whom the force is used is in

19

the process of unlawfully and forcefully entering, or has 

20

unlawfully and forcefully entered and is present within,

21

a dwelling, residence or occupied vehicle; or the person

22

against whom the force is used is or is attempting to

23

unlawfully and forcefully remove another against that

24

other's will from the dwelling, residence or occupied

25

vehicle.

26

(ii)  The actor knows or has reason to believe that

27

the unlawful and forceful entry or act is occurring or

28

has occurred.

29

(2.2)  The presumption set forth in paragraph (2.1) does

30

not apply if:

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1

(i)  the person against whom the force is used has

2

the right to be in or is a lawful resident of the

3

dwelling, residence or vehicle, such as an owner or

4

lessee;

5

(ii)  the person sought to be removed is a child or

6

grandchild or is otherwise in the lawful custody or under

7

the lawful guardianship of the person against whom the

8

protective force is used;

9

(iii)  the actor is engaged in a criminal activity or

10

is using the dwelling, residence or occupied vehicle to

11

further a criminal activity; or

12

(iv)  the person against whom the force is used is a

13

peace officer acting in the performance of his official

14

duties and the actor using force knew or reasonably

15

should have known that the person was a peace officer.

16

(2.3)  An actor who is not engaged in a criminal

17

activity, who is not in illegal possession of a firearm and

18

who is attacked in any place where the actor would have a

19

duty to retreat under paragraph (2)(ii), has no duty to

20

retreat and has the right to stand his ground and use force,

21

including deadly force, if:

22

(i)  the actor has a right to be in the place where

23

he was attacked;

24

(ii)  the actor believes it is immediately necessary

25

to do so to protect himself against death, serious bodily

26

injury, kidnapping or sexual intercourse by force or

27

threat; and

28

(iii)  the person against whom the force is used

29

displays or otherwise uses:

30

(A)  a firearm or replica of a firearm as defined

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1

in 42 Pa.C.S. § 9712 (relating to sentences for

2

offenses committed with firearms); or

3

(B)  any other weapon readily or apparently

4

capable of lethal use.

5

(2.4)  The exception to the duty to retreat set forth

6

under paragraph (2.3) does not apply if the person against

7

whom the force is used is a peace officer acting in the

8

performance of his official duties and the actor using force

9

knew or reasonably should have known that the person was a

10

peace officer.

11

(2.5)  Unless one of the exceptions under paragraph (2.2)

12

applies, a person who unlawfully and by force enters or

13

attempts to enter an actor's dwelling, residence or occupied

14

vehicle or removes or attempts to remove another against that

15

other's will from the actor's dwelling, residence or occupied

16

vehicle is presumed to be doing so with the intent to commit:

17

(i)  an act resulting in death or serious bodily

18

injury; or

19

(ii)  kidnapping or sexual intercourse by force or

20

threat.

21

(2.6)  A public officer justified in using force in the

22

performance of his duties or a person justified in using

23

force in his assistance or a person justified in using force

24

in making an arrest or preventing an escape is not obliged to

25

desist from efforts to perform such duty, effect such arrest

26

or prevent such escape because of resistance or threatened

27

resistance by or on behalf of the person against whom such

28

action is directed.

29

(3)  Except as [required by paragraphs (1) and (2) of

30

this subsection,] otherwise required by this subsection, a

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1

person employing protective force may estimate the necessity

2

thereof under the circumstances as he believes them to be

3

when the force is used, without retreating, surrendering

4

possession, doing any other act which he has no legal duty to

5

do or abstaining from any lawful action.

6

* * *

7

(d)  Definition.--As used in this section, the term "criminal

8

activity" means conduct which is a misdemeanor or felony, is not

9

justifiable under this chapter and is related to the

10

confrontation between an actor and the person against whom force

11

is used.

12

Section 3.  Section 506 of Title 18 is amended to read:

13

§ 506.  Use of force for the protection of other persons.

14

(a)  General rule.--The use of force upon or toward the

15

person of another is justifiable to protect a third person when:

16

(1)  the actor would be justified under section 505 [of

17

this title] (relating to use of force in self-protection) in

18

using such force to protect himself against the injury he

19

believes to be threatened to the person whom he seeks to

20

protect;

21

(2)  under the circumstances as the actor believes them

22

to be, the person whom he seeks to protect would be justified

23

in using such protective force; and

24

(3)  the actor believes that his intervention is

25

necessary for the protection of such other person.

26

(b)  [Exceptions] Exception.--Notwithstanding subsection (a)

27

[of this section:

28

(1)  When the actor would be obliged under section 505 of

29

this title to retreat, to surrender the possession of a thing

30

or to comply with a demand before using force in self-

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1

protection, he is not obliged to do so before using force for

2

the protection of another person, unless he knows that he can

3

thereby secure the complete safety of such other person.

4

(2)  When the person whom the actor seeks to protect

5

would be obliged under section 505 of this title to retreat,

6

to surrender the possession of a thing or to comply with a

7

demand if he knew that he could obtain complete safety by so

8

doing, the actor is obliged to try to cause him to do so

9

before using force in his protection if the actor knows that

10

he can obtain complete safety in that way.

11

(3)  Neither the actor nor the person whom he seeks to

12

protect is obliged to retreat when in the dwelling or place

13

of work of the other to any greater extent than in his own.],

14

the actor is not obliged to retreat to any greater extent

15

than the person whom he seeks to protect.

16

Section 4.  Section 3903(a), (a.1) and (b) of Title 18 are

17

amended and the section is amended by adding a subsection to

18

read:

19

§ 3903.  Grading of theft offenses.

20

(a)  Felony of the second degree.--Theft constitutes a felony

21

of the second degree if:

22

(1)  The offense is committed during a manmade disaster,

23

a natural disaster or a war-caused disaster and constitutes a

24

violation of section 3921 (relating to theft by unlawful

25

taking or disposition), 3925 (relating to receiving stolen

26

property), 3928 (relating to unauthorized use of automobiles

27

and other vehicles) or 3929 (relating to retail theft).

28

(2)  The property stolen is a firearm.

29

(3)  In the case of theft by receiving stolen property,

30

the property received, retained or disposed of is a firearm

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1

[and the receiver is in the business of buying or selling

2

stolen property].

3

(4)  The property stolen is any amount of anhydrous

4

ammonia.

5

(a.1)  Felony of the third degree.--Except as provided in

6

subsection (a) or (a.2), theft constitutes a felony of the third

7

degree if the amount involved exceeds $2,000, or if the property

8

stolen is an automobile, airplane, motorcycle, motorboat or

9

other motor-propelled vehicle, or in the case of theft by

10

receiving stolen property, if the receiver is in the business of

11

buying or selling stolen property.

12

(a.2)  Felony of the first degree.--Theft constitutes a

13

felony of the first degree if, in the case of theft by receiving

14

stolen property, the property received, retained or disposed of

15

is a firearm and the receiver is in the business of buying or

16

selling stolen property.

17

(b)  Other grades.--Theft not within subsection (a) [or], 

18

(a.1) [of this section] or (a.2), constitutes a misdemeanor of

19

the first degree, except that if the property was not taken from

20

the person or by threat, or in breach of fiduciary obligation,

21

and:

22

(1)  the amount involved was $50 or more but less than

23

$200 the offense constitutes a misdemeanor of the second

24

degree; or

25

(2)  the amount involved was less than $50 the offense

26

constitutes a misdemeanor of the third degree.

27

* * *

28

Section 5.  The definition of "loaded" in section 6102 of

29

Title 18 is amended to read:

30

Section 1.  Section 6102 of Title 18 of the Pennsylvania

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1

Consolidated Statutes is amended by adding a definition to read:

2

§ 6102.  Definitions.

3

Subject to additional definitions contained in subsequent

4

provisions of this subchapter which are applicable to specific

5

provisions of this subchapter, the following words and phrases,

6

when used in this subchapter shall have, unless the context

7

clearly indicates otherwise, the meanings given to them in this

8

section:

9

* * *

<--

10

"Loaded."  A firearm is loaded if the firing chamber, the

11

nondetachable magazine or, in the case of a revolver, any of the

12

chambers of the cylinder contain ammunition capable of being

13

fired. In the case of a firearm which utilizes a detachable

14

magazine, the term shall mean a magazine suitable for use in

15

said firearm which magazine contains such ammunition and has

16

been inserted in the firearm or is in the same container or,

17

where the container has multiple compartments, the same

18

compartment thereof as the firearm. If the magazine is inserted

19

into a pouch, holder, holster or other protective device that

20

provides for a complete and secure enclosure of the ammunition,

21

then the pouch, holder, holster or other protective device shall

22

be deemed to be a separate compartment.

23

"Ammunition components."

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24

(1)  The individual components of a fixed cartridge or

25

shotgun shell, including, but not limited to, casings,

26

primers and projectiles.

27

(2)  A propellant used in ammunition.

28

(3)  A projectile or propellant used in antique firearms

29

as defined in section 6118 (relating to antique firearms).

30

* * *

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1

Section 6.  Section 6109(m.3) of Title 18 is amended to read:

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2

§ 6109.  Licenses.

3

* * *

4

(m.3)  Construction.--Nothing in this section shall be

5

construed to [permit]:

6

(1)  Permit the hunting or harvesting of any wildlife

7

with a firearm or ammunition not otherwise permitted by 34

8

Pa.C.S. (relating to game).

9

(2)  Authorize any Commonwealth agency to regulate the

10

possession of firearms in any manner inconsistent with the

11

provisions of this title.

12

* * *

13

Section 7.  Title 42 is amended by adding a section to read:

14

§ 8340.2.  Civil immunity for use of force.

15

(a)  General rule.--An actor who uses force:

16

(1)  in self-protection as provided in 18 Pa.C.S. § 505 

17

(relating to use of force in self-protection);

18

(2)  in the protection of other persons as provided in 18

19

Pa.C.S. § 506 (relating to use of force for the protection of

20

other persons);

21

(3)  for the protection of property as provided in 18

22

Pa.C.S. § 507 (relating to use of force for the protection of

23

property);

24

(4)  in law enforcement as provided in 18 Pa.C.S. § 508 

25

(relating to use of force in law enforcement); or

26

(5)  consistent with the actor's special responsibility

27

for care, discipline or safety of others as provided in 18

28

Pa.C.S. § 509 (relating to use of force by persons with

29

special responsibility for care, discipline or safety of

30

others)

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1

is justified in using such force and shall be immune from civil

2

liability for personal injuries sustained by a perpetrator which

3

were caused by the acts or omissions of the actor as a result of

4

the use of force.

5

(b)  Attorney fees and costs.--If the actor who satisfies the

6

requirements of subsection (a) prevails in a civil action

7

initiated by or on behalf of a perpetrator against the actor,

8

the court shall award reasonable expenses to the actor.

9

Reasonable expenses shall include, but not be limited to,

10

attorney fees, expert witness fees, court costs and compensation

11

for loss of income.

12

(c)  Definition.--As used in this section, the term

13

"perpetrator" shall mean a person against whom an actor is

14

justified in using force as provided in 18 Pa.C.S. § 505, 506,

15

507, 508 or 509.

16

Section 2.  Section 6111(h) of Title 18 is amended to read:

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17

§ 6111.  Sale or transfer of firearms.

18

* * *

19

(h)  Subsequent violation penalty.--

20

(1)  A second or subsequent violation of this section

21

shall be a felony of the second degree [and shall be

22

punishable by]. A person who at the time of sentencing has

23

been convicted of another offense under this section shall be

24

sentenced to a mandatory minimum sentence of imprisonment of

25

five years. A second or subsequent offense shall also result

26

in permanent revocation of any license to sell, import or

27

manufacture a firearm.

28

(2)  Notice of the applicability of this subsection to

29

the defendant and reasonable notice of the Commonwealth's

30

intention to proceed under this section shall be provided

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1

prior to trial. The applicability of this section shall be

2

determined at sentencing. The court shall consider evidence

3

presented at trial, shall afford the Commonwealth and the

4

defendant an opportunity to present necessary additional

5

evidence and shall determine by a preponderance of the

6

evidence if this section is applicable.

7

(3)  There shall be no authority for a court to impose on

8

a defendant to which this subsection is applicable a lesser

9

sentence than provided for in paragraph (1), to place the

10

defendant on probation or to suspend sentence. Nothing in

11

this section shall prevent the sentencing court from imposing

12

a sentence greater than that provided in this section.

13

Sentencing guidelines promulgated by the Pennsylvania

14

Commission on Sentencing shall not supersede the mandatory

15

sentences provided in this section.

16

(4)  If a sentencing court refuses to apply this

17

subsection where applicable, the Commonwealth shall have the

18

right to appellate review of the action of the sentencing

19

court. The appellate court shall vacate the sentence and

20

remand the case to the sentencing court for imposition of a

21

sentence in accordance with this section if it finds that the

22

sentence was imposed in violation of this subsection.

23

(5)  For the purposes of this subsection, a person shall

24

be deemed to have been convicted of another offense under

25

this section whether or not judgment of sentence has been

26

imposed for that violation.

27

* * *

28

Section 3.  Section 8340.2 of Title 42, added June 28, 2011

29

(P.L.48, No.10), is amended to read:

30

§ 8340.2.  Civil immunity for use of force or persons adversely

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1

affected by unlawful regulation of firearms.

2

(a)  General rule for use of force.--An actor who uses force:

3

(1)  in self-protection as provided in 18 Pa.C.S. § 505

4

(relating to use of force in self-protection);

5

(2)  in the protection of other persons as provided in 18

6

Pa.C.S. § 506 (relating to use of force for the protection of

7

other persons);

8

(3)  for the protection of property as provided in 18

9

Pa.C.S. § 507 (relating to use of force for the protection of

10

property);

11

(4)  in law enforcement as provided in 18 Pa.C.S. § 508

12

(relating to use of force in law enforcement); or

13

(5)  consistent with the actor's special responsibility

14

for care, discipline or safety of others as provided in 18

15

Pa.C.S. § 509 (relating to use of force by persons with

16

special responsibility for care, discipline or safety of

17

others)

18

is justified in using such force and shall be immune from civil

19

liability for personal injuries sustained by a perpetrator which

20

were caused by the acts or omissions of the actor as a result of

21

the use of force.

22

(a.1)  General rule for unlawful regulation of firearms.-–A

23

person adversely affected by any manner of regulation

24

promulgated or enforced in violation of 18 Pa.C.S. § 6120(a)

25

(relating to limitation on the regulation of firearms and

26

ammunition) or 53 Pa.C.S. § 2962(g) (relating to limitation on

27

municipal powers) may seek declarative and injunctive relief and

28

the actual and consequential damages attributable to the

29

violation in an appropriate court.

30

(b)  Attorney fees and costs.--

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1

(1)  If the actor who satisfies the requirements of

2

subsection (a) prevails in a civil action initiated by or on

3

behalf of a perpetrator against the actor, the court shall

4

award reasonable expenses to the actor. [Reasonable expenses

5

shall include, but not be limited to, attorney fees, expert

6

witness fees, court costs and compensation for loss of

7

income.]

8

(2)  The court shall award reasonable expenses to a

9

person adversely affected if an action under subsection (a.1)

10

results in:

11

(i)  a final determination by a court in favor of the

12

person adversely affected; or

13

(ii)  rescission or repeal of the challenged manner

14

of regulation or enforcement after suit has been filed

15

under subsection (a.1) but prior to a final determination

16

by a court.

17

(c)  [Definition.--As used in this section, the term

18

"perpetrator" shall mean a person against whom an actor is

19

justified in using force as provided by 18 Pa.C.S. § 505, 506,

20

507, 508 or 509.] Definitions.--As used in this section, the

21

following words and phrases shall have the meanings given to

22

them in this subsection unless the context clearly indicates

23

otherwise:

24

"Perpetrator."  A person against whom an actor is justified

25

in using force as provided by 18 Pa.C.S. § 505, 506, 507, 508 or

26

509.

27

"Person adversely affected."  Any of the following:

28

(1)  A person who has standing under the laws of this

29

Commonwealth to bring an action under subsection (a.1).

30

(2)  A resident of this Commonwealth who may legally

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1

possess a firearm under the laws of this Commonwealth and the

2

United States and either:

3

(i)  is subject to any manner of regulation alleged

4

to be promulgated or enforced in violation of 18 Pa.C.S.

5

§ 6120(a) or of 53 Pa.C.S. § 2962(g) whether or not

6

specific enforcement action has been initiated or

7

threatened against the person or another person; or

8

(ii)  would be, if the person were present in the

9

political subdivision in question, subject to any manner

10

of regulation alleged to be promulgated or enforced in

11

violation of 18 Pa.C.S. § 6120(a) or of 53 Pa.C.S. §

12

2962(g) whether or not specific enforcement action has

13

been initiated or threatened against the person or

14

another person.

15

(3)  A membership organization, the members of which

16

include a person described under paragraph (1) or (2).

17

"Reasonable expenses."  The term includes, but is not limited

18

to, attorney fees, expert witness fees, court costs and

19

compensation for loss of income.

20

Section 8 4.  This act shall take effect in 60 days.

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