Mayor Thompson brings up HB 1523 during Monday's presser on crime, the bill sponsored by Rep. Metcalfe.

6120. LIMITATION ON THE REGULATION OF FIREARMS AND AMMUNITION. * * *

(A.2) UNLAWFUL REGULATION.‑‑

(1) A PERSON ADVERSELY AFFECTED BY ANY ORDINANCE, RESOLUTION, RULE OR PRACTICE PROMULGATED OR ENFORCED IN VIOLATION OF SUBSECTION (A) OR OF 53 PA.C.S. 2962(G) (RELATING TO LIMITATION ON MUNICIPAL POWERS) MAY FILE SUIT IN AN APPROPRIATE COURT FOR DECLARATIVE AND INJUNCTIVE RELIEF AND FOR ALL ACTUAL AND CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO THE VIOLATION.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PARTY WHO BRINGS OR MAINTAINS AN ACTION AT LAW OR IN EQUITY AGAINST A POLITICAL SUBDIVISION THAT HAS REGULATED THE OTHERWISE LAWFUL OWNERSHIP, POSSESSION, STORAGE, CARRYING, TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION COMPONENTS IN VIOLATION OF SUBSECTION (A) OR OF 53 PA.C.S. ? 2962(G) SHALL BE ENTITLED TO ALL OF THE FOLLOWING: (I) REIMBURSEMENT OF ACTUAL DAMAGES AND REASONABLE ATTORNEY FEES AND COSTS INCURRED IF, WITHIN 30 DAYS OF COMMENCEMENT OF THE ACTION BUT PRIOR TO A FINAL DETERMINATION BY A COURT IN FAVOR OF EITHER PARTY, THE POLITICAL SUBDIVISION RESCINDS OR REPEALS THE ORDINANCE, RESOLUTION, RULE OR PRACTICE AT ISSUE IN THE ACTION.

"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).

"PERSON ADVERSELY AFFECTED." ANY OF THE FOLLOWING:

(1) ANY PERSON WHO OTHERWISE HAS STANDING UNDER THE LAWS OF THIS COMMONWEALTH TO BRING AN ACTION UNDER THIS SECTION.

(2) ANY PERSON WHO MEETS ALL OF THE FOLLOWING:

(I) CAN LEGALLY POSSESS A FIREARM UNDER THE LAWS OF THIS COMMONWEALTH AND THE UNITED STATES.

(II) OWNS, POSSESSES, STORES, TRANSPORTS, CARRIES OR TRANSFERS FIREARMS, AMMUNITION OR AMMUNITION COMPONENTS WITHIN A POLITICAL SUBDIVISION OR WOULD DO SO BUT FOR THE ORDINANCE, RESOLUTION, RULE OR PRACTICE IN A POLITICAL SUBDIVISION.

(III) IS OR, IF PRESENT IN A POLITICAL SUBDIVISION, WOULD BE SUBJECT TO THE ORDINANCE, RESOLUTION, RULE OR PRACTICE IN THE POLITICAL SUBDIVISION, WHETHER OR NOT SPECIFIC ENFORCEMENT ACTION HAS BEEN INITIATED OR THREATENED AGAINST THE PERSON.

(3) A MEMBERSHIP ORGANIZATION, THE MEMBERS OF WHICH INCLUDE A PERSON DESCRIBED UNDER THIS PARAGRAPH, THAT IS DEDICATED IN WHOLE OR IN PART TO PROTECTING THE LEGAL, CIVIL OR CONSTITUTIONAL RIGHTS OF ITS MEMBERSHIP.

"POLITICAL SUBDIVISION." THE TERM SHALL INCLUDE ANY HOME RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP OR SCHOOL DISTRICT.

"POSTJUDGMENT LIQUIDATED DAMAGES." A SUM EQUAL TO THREE TIMES THE ACTUAL DAMAGES, REASONABLE ATTORNEY FEES AND COSTS INCURRED BY A PARTY WHO SUCCESSFULLY BRINGS OR MAINTAINS AN ACTION DESCRIBED UNDER SUBSECTION (A.2)(2).

"PREJUDGMENT LIQUIDATED DAMAGES." A SUM EQUAL TO TWO TIMES THE ACTUAL DAMAGES, REASONABLE ATTORNEY FEES AND COSTS INCURRED BY A PARTY WHO BRINGS OR MAINTAINS AN ACTION DESCRIBED UNDER SUBSECTION (A.2)(2).

SECTION 2. THE AMENDMENT OR ADDITION OF 18 PA.C.S. ? 6120(A.2) AND (B) SHALL APPLY TO AN ORDINANCE, RULE, RESOLUTION OR POLICY ADOPTED BY A POLITICAL SUBDIVISION OR TO OFFICIAL ACTIONS TAKEN BY AN EMPLOYEE OR AGENT OF A POLITICAL SUBDIVISION, BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. Tags: Mayor Thompson Harrisburg Crime NRA Metcalfe.

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