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HB 1243 - Authorizes Civil Action against Local Firearm Laws - Pennsylvania Key Vote


Issues Related to HB 1243

Stage Details

Legislation - Referred to Committee (House) -
Legislation - Bill Passed (House) (143-54) - (Key vote)
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Title: Authorizes Civil Action against Local Firearm Laws

Vote Result
Yea Votes
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Vote Smart's Synopsis:

Vote to pass a bill that authorizes civil action against local firearm laws.

  • Authorizes any “individual adversely affected” by any firearm law enacted by a county, municipality, or township to seek declaratory or injunctive relief and actual damages in an appropriate court (Sec. 2).
  • Defines “individual adversely affected” as any of the following (Sec. 2):
    • A resident of the state who is authorized to legally possess a firearm;
    • An individual who has standing under the state law to bring about a civil action; or
    • A membership organization, in which a member is an individual who is authorized to legally possess a firearm or who has standing to bring about a civil action.
  • Requires the court to award “reasonable expenses” to any individual adversely affected if any of the following occur (Sec. 2):
    • A final determination by the court is granted in the favor of the individual adversely affected; or
    • The firearm law in question is rescinded or repealed after the suit has been filed but before the final determination by the court.
  • Defines “reasonable expenses” as certain expenses including, but not limited to, the following expenses (Sec. 2):
    • Attorney fees;
    • Expert witness fees:
    • Court costs; and 
    • Compensation for the loss of income.
  • Requires the Pennsylvania State Police to disclose, within 72 hours of receipt, any record relevant to a determination that any of the following individuals is no longer disqualified to possess a firearm (Sec. 1):
    • An individual who illegally uses or is addicted to any controlled substance; or 
    • An individual who has been formally considered to be “a mental defective.”
Legislation - Introduced (House) -

Title: Authorizes Civil Action against Local Firearm Laws



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