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HB 80 - Authorizes Civil Action against Local Firearm Laws - Pennsylvania Key Vote

Joseph Petrarca, Jr. voted Yea (Concurrence Vote) on this Legislation.

Read statements Joseph Petrarca, Jr. made in this general time period.

Timeline

Issues Related to HB 80

Stage Details

Legislation - Signed (Executive) -

Title: Authorizes Civil Action against Local Firearm Laws

Signed by Governor Tom Wolf
Legislation - Concurrence Vote Passed (House) (138-56) - (Key vote)
See How Your Politicians Voted

Title: Authorizes Civil Action against Local Firearm Laws

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes civil action against local firearm laws.

Highlights:
  • 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. 4). 
  • Defines “individual adversely affected” as any of the following (Sec. 4):
    • 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. 4):
    • 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    • The firearm law in question is rescinded or repealed after the suit has been filed but before the final determination by the court.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. 4):
    • 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. 3):
    • 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 - Bill Passed With Amendment (Senate) (34-14) - (Key vote)
See How Your Politicians Voted

Title: Authorizes Civil Action against Local Firearm Laws

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

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

Highlights:
  • 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. 4). 
  • Defines “individual adversely affected” as any of the following (Sec. 4):
    • 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. 4):
    • 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. 4):
    • 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. 3):
    • 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 - Bill Passed (House) (197-2) -
Legislation - Introduced (House) -

Title: Authorizes Civil Action against Local Firearm Laws

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