TITLE 18

PA CRIMES CODES

§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule.--No county, municipality or township may in any manner regulate 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.

(a.1) No right of action.--

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(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 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).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.

1974, Oct. 18, P.L. 768, No. 260, § 2, imd. effective. Amended 1988, Dec. 19, P.L. 1275, No. 158, § 1, effective in 180 days; 1994, Oct. 4, P.L. 571, No. 84, § 1, effective in 60 days; 1999, Dec. 15, P.L. 915, No. 59, § 7, imd. effective.

HISTORICAL AND STATUTORY NOTES

The 1994 amendment, in subsec. (b) following "firearms", inserted "has the meaning given in section 5515 (relating to prohibiting of paramilitary training) but".

Act 1994, Oct. 4, P.L. 571, No. 84 was vetoed by the Governor on July 8, 1994, and was enacted on Oct. 4, 1994 with two-thirds majority vote on reconsideration by the Senate after passing by two-thirds majority vote on Oct. 4, 1994, on reconsideration by the House of Representatives [See Const. Art. 4, § 15].

Act 1999-59 added subsec. (a)(1) and rewrote subsec. (b), which formerly read:

"(b) Definition.--For the purposes of this section, the term 'firearms' has the meaning given in section 5515 (relating to prohibiting of paramilitary training) but shall not include 'air rifles' as defined in section 6304 (relating to sale and use of air rifles)."

Section 9 of Act 1999-59 provides that the amendment of this section shall apply to all actions pending on or brought after the effective date of the amendment of this section.

18 Pa.C.S.A. § 6120, PA ST 18 Pa.C.S.A. § 6120

Current through Act 2009-52