§ 6120. Limitation on the regulation of firearms and ammunition.
(a) General rule.--No county, municipality or township may in any manner regulate the lawful ownership,
possession, transfer or transportation of firearms, ammunition or ammunition components
when carried or transported for purposes not prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an action at law or in equity against
any firearms or ammunition manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy resulting from or relating
to either the lawful design or manufacture of firearms or ammunition or the lawful
marketing or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to prohibit a political subdivision
from bringing or maintaining an action against a firearms or ammunition manufacturer
or dealer for breach of contract or warranty as to firearms or ammunition purchased
by the political subdivision.
(a.2) Relief.--(Unconstitutional).
(a.3) Reasonable expenses.--(Unconstitutional).
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale
or retail a firearm or ammunition.
"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." (Unconstitutional).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough,
incorporated town, township or school district.
"Reasonable expenses." (Unconstitutional).
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff.
180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59,
eff. imd.; Nov. 6, 2014, P.L.2921, No.192, eff. 60 days)
2016 Unconstitutionality. Act 192 of 2014 was declared unconstitutional. Leach v. Commonwealth, 141 A.3d 426
(Pa. 2016). The Legislative Reference Bureau effectuated the 2016 unconstitutionality.
2014 Amendment. Act 192 amended subsec. (b) and added subsecs. (a.2) and (a.3).
Notes of Decisions
Firearm Owners Against Crime v. Lower Merion Twp., 151 A.3d 1172 (Pa. Commw. Ct. 2016).
· cites it 12× “4 Because FOAC primarily asserted automatic standing through 18 Pa. C.S. §6120(a.1), the Township also filed a motion to stay proceedings until this court decided whether the statute violated the Pennsylvania Constitution.”
Commonwealth v. Hicks, M., Aplt., 208 A.3d 916 (Pa. 2019).
· cites it 2× “8 6 Consistent with the General Assembly’s reservation of the exclusive prerogative to regulate firearms in this Commonwealth, codified at 18 Pa.C.S. § 6120, the additional requirement that an individual possess a license in order to carry a firearm openly within the City of…”
Nat'l Rifle Ass'n v. City of Philadelphia, 977 A.2d 78 (Pa. Commw. Ct. 2009).
· cites it 8× “080035-A *84 ("Straw Purchaser Ordinance" prohibiting any person when buying a handgun from acting as a straw purchaser and prohibiting the purchase of more than one handgun within any thirty-day period, except as to any person who is not engaged in the unlawful conduct of…”
Leach, D. v. Turzai, M., 141 A.3d 426 (Pa. 2016).
· cites it 3× “4179, at 6-7 (revising 18 Pa.C.S. § 6120(a.2), (b)). 1 HB 1243’s title, at this juncture, read as follows: *85 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for Pennsylvania…”
Ortiz v. Commonwealth, 655 A.2d 194 (Pa. Commw. Ct. 1995).
· cites it 12× “The House Bill went into effect December 3, 1994, and changed the definition of firearms as that term is applied in 18 Pa.C.S. § 6120. The Amendments provide that firearms for the purposes of 18 Pa.”
Ortiz v. Commonwealth, 681 A.2d 152 (Pa. 1996).
· cites it 4× “The amendment, which appears at 18 Pa.C.S. § 6120, provides: (a) General rule.”
Leach v. Commonwealth, 118 A.3d 1271 (Pa. Commw. Ct. 2015).
· cites it 2× “In September 2014, the House amended HB 1243, resulting in HB 1243, PN 4179, “to add the provision at the core of this dispute, an amendment to Section 6120 of the Crimes Code, 18 Pa.C.S. § 6120, granting sweeping new rights to gun advocates to enter the courts and challenge…”
Nat'l RIFLE ASS'N v. City of Pittsburgh, 999 A.2d 1256 (Pa. Commw. Ct. 2010).
· cites it 2× “" 18 Pa.C.S. § 6120(a). The complaint alleged that the Individual Appellants lived in Pittsburgh, owned guns and had valid permits to carry concealed weapons.”
Clarke v. House of Representatives of the Commonwealth, 957 A.2d 361 (Pa. Commw. Ct. 2008).
· cites it 2× “" On July 11, 2007, Petitioners filed a complaint in the Common Pleas Court of Philadelphia County naming Respondents as defendants and seeking a judgment declaring that the Ordinances are to be enacted and are effective; that Section 6120 of the Pennsylvania Uniform Firearms…”
Dillon v. City of Erie, 83 A.3d 467 (Pa. Commw. Ct. 2014).
· cites it 2× “Dillon alleged that the City’s Ordinances and proposed actions are preempted by Section 6120(a) of the Uniform Firearms Act (Act), 4 18 Pa.C.S. § 6120(a), which states: (a) General rule.”
Minich v. Cnty. of Jefferson, 869 A.2d 1141 (Pa. Commw. Ct. 2005).
“In counts I, II, VI and VII of the complaint, Plaintiffs argued that the Commonwealth has preempted the regulation of firearm possession in a court facility by the enactment of section 6120 of the Crimes Code, 18 Pa.C.S. § 6120. The trial court agreed with Plaintiffs on this…”
— 18 Pa. Cons. Stat. § 6120(a) — 18 cases
Firearm Owners Against Crime v. Lower Merion Twp., 151 A.3d 1172 (Pa. Commw. Ct. 2016).
“4 Because FOAC primarily asserted automatic standing through 18 Pa. C.S. §6120(a.1), the Township also filed a motion to stay proceedings until this court decided whether the statute violated the Pennsylvania Constitution.”
Nat'l Rifle Ass'n v. City of Philadelphia, 977 A.2d 78 (Pa. Commw. Ct. 2009).
“080035-A *84 ("Straw Purchaser Ordinance" prohibiting any person when buying a handgun from acting as a straw purchaser and prohibiting the purchase of more than one handgun within any thirty-day period, except as to any person who is not engaged in the unlawful conduct of…”
Leach, D. v. Turzai, M., 141 A.3d 426 (Pa. 2016).
“4179, at 6-7 (revising 18 Pa.C.S. § 6120(a.2), (b)). 1 HB 1243’s title, at this juncture, read as follows: *85 AN ACT Amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in firearms and other dangerous articles, further providing for Pennsylvania…”
Nat'l RIFLE ASS'N v. City of Pittsburgh, 999 A.2d 1256 (Pa. Commw. Ct. 2010).
“" 18 Pa.C.S. § 6120(a). The complaint alleged that the Individual Appellants lived in Pittsburgh, owned guns and had valid permits to carry concealed weapons.”
Dillon v. City of Erie, 83 A.3d 467 (Pa. Commw. Ct. 2014).
“Dillon alleged that the City’s Ordinances and proposed actions are preempted by Section 6120(a) of the Uniform Firearms Act (Act), 4 18 Pa.C.S. § 6120(a), which states: (a) General rule.”
— 18 Pa. Cons. Stat. § 6120(b) — 4 cases
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