Keller’s Bill Allowing Legal Challenges of Local Gun Laws Advances to House Floor
HARRISBURG – Legislation sponsored by Rep. Mark Keller (R-Perry/Cumberland) that would allow a person or member organization to legally challenge a municipal firearms ordinance today was approved by the House Judiciary Committee in a bipartisan vote of 21-6.
House Bill 2258 would also allow reimbursement for the cost of the civil action.
Under Pennsylvania’s Crimes Code, no county, municipality or township may regulate the lawful ownership, possession, transfer or transportation of firearms or ammunition.
Keller’s bill would amend the code by establishing that a person adversely affected by a municipal gun ordinance may seek injunctive and declarative relief, as well as damages, which are defined as “reasonable expenses,” including attorney fees, expert witness fees, court costs and loss of income.
“Local governments have been passing ordinances regulating firearms in defiance of the Crimes Code, leading to confusion for gun owners who don’t know they are breaking the law,” said Keller. “When there is a state law in place, municipalities must abide by that state law. My bill would establish order throughout the Commonwealth.”
The bill is similar to a Keller proposal that became law in 2014 as Act 192 which was later declared unconstitutional by the Pennsylvania Supreme Court due to its enactment process. The one difference between the two pieces of legislation is that under House Bill 2258, a plaintiff who seeks to file suit against a municipality must provide 30 days written notice so it has time to voluntarily repeal the offending ordinance.
“Why have I re-introduced the same bill that was thrown out by the Supreme Court? Because it was made very clear – the law was not considered to be unconstitutional, it was the way it was put through,” Keller added.
House Bill 2258 will next be considered by the full House. Keller is hopeful that will occur before the 2015-16 session concludes in November.
Representative Mark Keller
86th District
Pennsylvania House of Representatives
Media Contact: Andy Briggs
717.260.6474
abriggs@pahousegop.com
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