PRINTER'S NO. 500
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GABLER, SCAVELLO, DAY, SONNEY, BLOOM, BARRAR, M. K. KELLER, METZGAR, SACCONE, DUNBAR, BROOKS, F. KELLER, MAJOR, STERN, MOUL, KRIEGER, REED, HAHN, HICKERNELL, AUMENT, PICKETT, D. COSTA, CUTLER, CAUSER, GILLEN, KAUFFMAN, HESS, S. H. SMITH, METCALFE, TALLMAN, ROCK, EVERETT, EMRICK, RAPP, FLECK, READSHAW, MARSHALL, GROVE, SWANGER, MILLARD, MILLER, SANKEY, C. HARRIS, REGAN AND STEVENSON, FEBRUARY 4, 2013
REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 4, 2013
5Section 1. Short title.
8Section 2. Findings and declarations.
9The General Assembly finds and declares as follows:
10(1) The 10th amendment to the Constitution of the United
11States guarantees to the states and their people all powers
12not granted to the Federal Government elsewhere in the
13Constitution and reserves to the Commonwealth and people of
14Pennsylvania certain powers as they were understood at the
15time that Pennsylvania was admitted to statehood in 1787. The
1guaranty of those powers is a matter of contract between the
2Commonwealth and people of Pennsylvania and the United States
3as of the time that the compact with the United States was
4agreed upon and adopted by Pennsylvania and the United States
6(2) The 9th amendment to the Constitution of the United
7States guarantees to the people rights not granted in the
8Constitution and reserves to the people of Pennsylvania
9certain rights as they were understood at the time that
10Pennsylvania was admitted to statehood in 1787. The guaranty
11of those rights is a matter of contract between the
12Commonwealth and people of Pennsylvania and the United States
13as of the time that the compact with the United States was
14agreed upon and adopted by Pennsylvania and the United States
16(3) The regulation of intrastate commerce is vested in
17the states under the 9th and 10th amendments to the
18Constitution of the United States, particularly if not
19expressly preempted by Federal law. Congress has not
20expressly preempted state regulation of intrastate commerce
21pertaining to the manufacture on an intrastate basis of
22firearms, firearms accessories and ammunition.
23(4) The 2nd amendment to the Constitution of the United
24States reserves to the people the right to keep and bear arms
25as that right was understood at the time that Pennsylvania
26was admitted to statehood in 1787, and the guaranty of the
27right is a matter of contract between the Commonwealth and
28people of Pennsylvania and the United States as of the time
29that the compact with the United States was agreed upon and
30adopted by Pennsylvania and the United States in 1787.
1(5) Section 21 of Article I of the Constitution of
2Pennsylvania clearly secures to Pennsylvania citizens, and
3prohibits government interference with, the right of
4individual Pennsylvania citizens to keep and bear arms.
5Section 3. Definitions.
19Section 4. Prohibitions.
20(a) Federal law.--A personal firearm, a firearm accessory or
21ammunition that is manufactured commercially or privately in
22Pennsylvania and that remains within the borders of Pennsylvania
23shall not be subject to Federal law or Federal regulation,
24including registration, under the authority of Congress to
25regulate interstate commerce.
26(b) Applicability.--This section shall apply to a firearm, a
27firearm accessory or ammunition that is manufactured in
28Pennsylvania from basic materials and that can be manufactured
29without the inclusion of any significant parts imported from
30another state. Generic and insignificant parts that have other
1manufacturing or consumer accessories or ammunition, and their
2importation into Pennsylvania and incorporation into a firearm,
3a firearm accessory or ammunition manufactured in Pennsylvania
4shall not subject the firearm, firearm accessory or ammunition
5to Federal regulation.
6(c) Declarations.--The General Assembly declares as follows:
7(1) That a personal firearm, a firearm accessory or
8ammunition that is manufactured commercially or privately in
9Pennsylvania and that remains within the borders of
10Pennsylvania has not traveled in interstate commerce.
11(2) That basic materials are not subject to
12Congressional authority to regulate firearms, firearms
13accessories and ammunition under interstate commerce as if
14they were actually firearms, firearms accessories or
15ammunition and that the authority of Congress to regulate
16interstate commerce in basic materials does not include
17authority to regulate firearms, firearms accessories and
18ammunition made in Pennsylvania from those materials.
19Firearms accessories that are imported into Pennsylvania from
20another state and that are subject to Federal regulation as
21being in interstate commerce do not subject a firearm to
22Federal regulation under interstate commerce because they are
23attached to or used in conjunction with a firearm in
1powder, as a propellant.
7Section 5. Marketing of firearms.
11Section 6. Applicability.
15Section 20. Effective date.
16This act shall take effect in 60 days.