Pennsylvania SB 822: An Act providing for museum unclaimed loaned property.

Bill Text

PRINTER'S NO. 881
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 822
Session of
2025
INTRODUCED BY LANGERHOLC, K. WARD, GEBHARD, BAKER, PHILLIPS-
HILL, PENNYCUICK, COLEMAN, BARTOLOTTA, LAUGHLIN, BROOKS,
STEFANO, HUTCHINSON, J. WARD, YAW, ARGALL, DUSH, ROBINSON,
VOGEL, ROTHMAN, CULVER, MARTIN AND MASTRIANO, JUNE 3, 2025
REFERRED TO LOCAL GOVERNMENT, JUNE 3, 2025
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 preemptions, providing for regulation of firearms and
ammunition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6120(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 6120. Limitation on the regulation of firearms and
ammunition.
* * *
(a.4) Relief.--
(1) A person adversely affected by any manner of
ordinance, resolution, rule, practice or other action
promulgated or enforced by a county, municipality or township
in violation of subsection (a) or 53 Pa.C.S. § 307(a)
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(relating to regulation of firearms and ammunition) or
2962(g) (relating to limitation on municipal powers), may
seek declarative and injunctive relief and the actual damages
attributable to the violation in an appropriate court.
(2) If a person adversely affected under paragraph (1)
is a plaintiff who provided 60 days' prior written notice of
the person's intention to file a claim under this subsection
to the defendant, the court shall award reasonable expenses
to the person adversely affected if the claim under paragraph
(1) results in:
(i) a final determination by a court in favor of the
person adversely affected; or
(ii) rescission or repeal of the challenged manner
of regulation or enforcement after suit has been filed
under paragraph (1) but prior to a final determination by
a court.
(3) If a person is a defendant in a proceeding asserting
a defense under subsection (a) or 53 Pa.C.S. § 307(a) or
2962(g), the court shall award reasonable expenses payable by
th e 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 on the
basis of the defense.
(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
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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).
"Person adversely affected." Any of the following:
(1) A person who has standing under the laws of this
Commonwealth to bring a claim under subsection (a.4)(1).
(2) A resident of this Commonwealth who may legally
possess a firearm under Federal or State law.
(3) A membership organization, the members of which
include a person described under paragraph (1) or (2).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
" Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
compensation for loss of income.
Section 2. Title 53 is amended by adding a section to read:
§ 307. Regulation of firearms and ammunition.
(a) Preemption.--The General Assembly has always intended
and continues to intend to occupy the entire field of regulation
of firearms, ammunition, magazines, accessories, firearm
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, firearm
components and ammunition components in this Commonwealth, to
the exclusion of any existing or future ordinance, resolution,
regulation, rule, practice or other action adopted by a
municipality. The Commonwealth, by this section, preempts and
supersedes any manner of ordinance, resolution, regulation,
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rule, practice or other action promulgated or enforced by a
municipality of firearms, ammunition, firearm components or
ammunition components in this Commonwealth, and any such action
is declared null and void.
(b) Continuing effect.--The provisions of section 2962(g)
(relating to limitation on municipal powers) and 18 Pa.C.S. §
6120