Pennsylvania SB 242: An Act making appropriations from a restricted revenue account within the General Fund and from Federal augmentation funds to the Pennsylvania Public Utility Commission for the fiscal year July 1, 2019, to June 30, 2020.

Bill Text

PRINTER'S NO. 195
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 242
Session of
2025
INTRODUCED BY MASTRIANO, DUSH, ROTHMAN, BROOKS, PENNYCUICK,
PHILLIPS-HILL, J. WARD, STEFANO, GEBHARD, YAW AND ARGALL,
FEBRUARY 13, 2025
REFERRED TO JUDICIARY, FEBRUARY 13, 2025
AN ACT
Providing that any Federal action that attempts to register,
restrict or ban a firearm or accessory, or to limit, inhibit
or regulate the ownership of magazines in this Commonwealth
shall be unenforceable in this Commonwealth; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right-to-
Bear-Arms Protection Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Section 21 of Article I of the Constitution of
Pennsylvania, in clear and unambiguous language states that
the "right of the citizens to bear arms in defense of
themselves and the State shall not be questioned." Section 25
of Article I of the Constitution of Pennsylvania also clearly
and unambiguously states that "to guard against
transgressions of the high powers which we have delegated, we
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declare that everything in this article is excepted out of
the general powers of government and shall forever remain
inviolate," and further finds that both of these are rights
of "The People," which are clearly laid out prior to any
mention of the framework of government having been defined in
the Constitution of Pennsylvania.
(2) The right to keep and bear arms is a fundamental
right possessed by the individual necessary for defense of
self and preservation of liberty and shall not be infringed.
(3) It is the intent of the General Assembly to protect
State actors from being directed through Federal action to
violate their oath of defense and preservation of these
individual rights as enumerated in the Constitution of the
United States and section 21 of Article I of the Constitution
of Pennsylvania of its residents' right to bear arms in
defense of themselves and the State.
(4) Pursuant to and in furtherance of the principles of
Federalism enshrined in the Constitution of the United
States, the Federal Government may not commandeer this
State's actors to participate in the enforcement or
facilitation of any Federal action or regulatory program.
(5) This right to be free from the commandeering hand of
the Federal Government has been most notably recognized by
the United States Supreme Court in Printz v. United States,
521 U.S. 898 (1997), when the Court held: "The Federal
Government may neither issue directives requiring the States
to address particular problems, nor command the States'
officers, or those of their political subdivisions, to
administer or enforce a federal regulatory program."
(6) The anticommandeering principles recognized by the
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Supreme Court in Printz v. United States are predicated upon
the advice of James Madison, who in Federalist #46 advised a
"refusal to co-operate with the officers of the Union" in
response to either unconstitutional Federal measures or
constitutional but unpopular Federal measures.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Federal action." Any of the following issued or enacted by
the Federal Government:
(1) An executive order.
(2) An agency order.
(3) A statute.
(4) A law.
(5) A rule.
(6) A regulation.
(7) An arbitrary clarification or classification,
including any of the following:
(i) A classification of weapons based on attributes
that do not go to a primary combustion function of the
firearm, such as natural unmodified rate of fire.
(ii) A classification designed to prohibit
possession for nonmechanically necessary attributes, such
as bayonet lugs, telescoping stocks, muzzle breaks or
other fixtures, pistol grips and pistol braces.
(iii) A clarification issued through executive or
legislative agencies designed to prohibit ownership or
possession of firearms based on attributes that are
nonmechanically necessary or in common use.
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"Firearm accessory." An item used in conjunction with or
affixed to a firearm but that is not mechanically essential to
the basic functions of that firearm.
"Registry." A list generated by regulation, mandate, order
or statute that indicates the ownership, residence or storage
location of firearms purchased or otherwise legally owned or
stored within this Commonwealth.
"State actor." An official, agent or employee of the
Commonwealth or a political subdivision of the Commonwealth. The
term includes persons contracting with the Commonwealth.
Section 4. Prohibiti