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Pennsylvania Bill #HB 1988   View details of Bill | Go to Bill Online

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL 1988

Session of 2009


INTRODUCED BY ROHRER, TALLMAN, BAKER, BENNINGHOFF, BOYD, BROOKS,
CAUSER, CHRISTIANA, CLYMER, CUTLER, DENLINGER, EVERETT,
FAIRCHILD, FLECK, GABLER, GEIST, GIBBONS, GINGRICH, GODSHALL,
GROVE, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, KORTZ, KOTIK,
KRIEGER, MARSHALL, METCALFE, METZGAR, MOUL, MUSTIO, O'NEILL,
PETRARCA, PHILLIPS, PICKETT, QUIGLEY, RAPP, READSHAW, REED,
ROAE, ROCK, SOLOBAY, SONNEY, STEVENSON, SWANGER, TRUE, TURZAI
AND VULAKOVICH, SEPTEMBER 18, 2009


REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 2009

AN ACT

1 Prohibiting certain firearms, firearm accessories or ammunition

2 from being subject to Federal law or Federal regulation.

3 The General Assembly of the Commonwealth of Pennsylvania

4 hereby enacts as follows:

5 Section 1. Short title.

6 This act shall be known and may be cited as the Firearms

7 Freedom Act.

8 Section 2. Findings and declarations.

9 The General Assembly finds and declares as follows:

10 (1) The 10th Amendment to the Constitution of the United

11 States guarantees to the states and their people all powers

12 not granted to the Federal Government elsewhere in the

13 Constitution and reserves to the Commonwealth and people of

14 Pennsylvania certain powers as they were understood at the

15 time that Pennsylvania was admitted to statehood in 1787. The

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1 guaranty of those powers is a matter of contract between the

2 Commonwealth and people of Pennsylvania and the United States

3 as of the time that the compact with the United States was

4 agreed upon and adopted by Pennsylvania and the United States

5 in 1787.

6 (2) The 9th Amendment to the Constitution of the United

7 States guarantees to the people rights not granted in the

8 Constitution and reserves to the people of Pennsylvania

9 certain rights as they were understood at the time that

10 Pennsylvania was admitted to statehood in 1787. The guaranty

11 of those rights is a matter of contract between the

12 Commonwealth and people of Pennsylvania and the United States

13 as of the time that the compact with the United States was

14 agreed upon and adopted by Pennsylvania and the United States

15 in 1787.

16 (3) The regulation of intrastate commerce is vested in

17 the states under the 9th and 10th Amendments to the

18 Constitution of the United States, particularly if not

19 expressly preempted by Federal law. Congress has not

20 expressly preempted state regulation of intrastate commerce

21 pertaining to the manufacture on an intrastate basis of

22 firearms, firearms accessories and ammunition.

23 (4) The 2nd Amendment to the Constitution of the United

24 States reserves to the people the right to keep and bear arms

25 as that right was understood at the time that Pennsylvania

26 was admitted to statehood in 1787, and the guaranty of the

27 right is a matter of contract between the Commonwealth and

28 people of Pennsylvania and the United States as of the time

29 that the compact with the United States was agreed upon and

30 adopted by Pennsylvania and the United States in 1787.

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1 (5) Section 21 of Article I of the Constitution of

2 Pennsylvania clearly secures to Pennsylvania citizens, and

3 prohibits government interference with, the right of

4 individual Pennsylvania citizens to keep and bear arms.

5 Section 3. Definitions.

6 The following words and phrases when used in this act shall

7 have the meanings given to them in this section unless the

8 context clearly indicates otherwise:

9 "Borders of Pennsylvania." The geographic boundaries of

10 Pennsylvania.

11 "Firearms accessories." Items that are used in conjunction

12 with or mounted on a firearm but are not essential to the basic

13 function of a firearm.

14 "Generic and insignificant parts." The term includes

15 springs, screws, nuts and pins.

16 "Manufactured." The creation of a firearm, a firearm

17 accessory or ammunition from basic materials for functional

18 usefulness.

19 Section 4. Prohibitions.

20 (a) Federal law.--A personal firearm, a firearm accessory or

21 ammunition that is manufactured commercially or privately in

22 Pennsylvania and that remains within the borders of Pennsylvania

23 shall not be subject to Federal law or Federal regulation,

24 including registration, under the authority of Congress to

25 regulate interstate commerce.

26 (b) Applicability.--This section shall apply to a firearm, a

27 firearm accessory or ammunition that is manufactured in

28 Pennsylvania from basic materials and that can be manufactured

29 without the inclusion of any significant parts imported from

30 another state. Generic and insignificant parts that have other

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1 manufacturing or consumer accessories or ammunition, and their

2 importation into Pennsylvania and incorporation into a firearm,

3 a firearm accessory or ammunition manufactured in Pennsylvania

4 shall not subject the firearm, firearm accessory or ammunition

5 to federal regulation.

6 (c) Declarations.--The General Assembly declares as follows:

7 (1) That a personal firearm, a firearm accessory or

8 ammunition that is manufactured commercially or privately in

9 Pennsylvania and that remains within the borders of

10 Pennsylvania has not traveled in interstate commerce.

11 (2) That basic materials are not subject to

12 Congressional authority to regulate firearms, firearms

13 accessories and ammunition under interstate commerce as if

14 they were actually firearms, firearms accessories or

15 ammunition and that the authority of Congress to regulate

16 interstate commerce in basic materials does not include

17 authority to regulate firearms, firearms accessories and

18 ammunition made in Pennsylvania from those materials.

19 Firearms accessories that are imported into Pennsylvania from

20 another state and that are subject to Federal regulation as

21 being in interstate commerce do not subject a firearm to

22 Federal regulation under interstate commerce because they are

23 attached to or used in conjunction with a firearm in

24 Pennsylvania.

25 (d) Exceptions.--This section shall not apply to any of the

26 following:

27 (1) A firearm that cannot be carried and used by one

28 person.

29 (2) A firearm that has a bore diameter greater than 1

30 and 1/2 inches and that uses smokeless powder, not black

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1 powder, as a propellant.

2 (3) Ammunition with a projectile that explodes using an

3 explosion of chemical energy after the projectile leaves the

4 firearm.

5 (4) A firearm that discharges two or more projectiles

6 with one activation of the trigger or other firing device.

7 Section 5. Marketing of firearms.

8 A firearm manufactured or sold in Pennsylvania under this act

9 must have the words "Made in Pennsylvania" clearly stamped on a

10 central metallic part.

11 Section 6. Applicability.

12 This act shall apply to firearms, firearms accessories and

13 ammunition that are manufactured and retained in Pennsylvania

14 after October 1, 2009.

15 Section 20. Effective date.

16 This act shall take effect in 60 days.


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