PRINTER'S NO. 875
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
893
Session of
2023
INTRODUCED BY JOZWIAK, CAUSER, ROWE, HAMM, STAATS, STEHR,
SCHEUREN, SMITH, LEADBETER, SCHMITT, COOK, MOUL, STRUZZI,
WARNER, GLEIM, ZIMMERMAN, KEEFER, RIGBY, ARMANINI, KRUPA,
FEE, M. BROWN, IRVIN, GREINER, KERWIN, BERNSTINE, JAMES,
FINK, KAUFFMAN AND BARTON, APRIL 12, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2023
AN ACT
Providing for Second Amendment Preservation Act, for limitation
of Federal law and for private cause of action; and imposing
a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Second
Amendment Preservation Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) The General Assembly is firmly resolved to support
and defend the Constitution of the United States against
every aggression, foreign or domestic, and the General
Assembly is duty bound to watch over and oppose every
infraction of those principles which constitute the basis of
the Union of the States, because only a faithful observance
of those principles can secure the existence of the nation
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and public happiness.
(2) Acting through the Constitution of the United
States, the people of the several states created the Federal
Government to be the people's agent in the exercise of a few
defined powers, while reserving to the state governments the
power to legislate on matters which concern the lives,
liberties and properties of citizens in the ordinary course
of affairs.
(3) The limitation of the Federal Government's power is
affirmed under the Tenth Amendment to the Constitution of the
United States, which defines the total scope of Federal power
as being that which has been delegated by the people of the
several states to the Federal Government, and all power not
delegated to the Federal Government in the Constitution of
the United States is reserved to the states respectively, or
to the people themselves.
(4) When the Federal Government assumes powers that the
people did not grant in the Constitution, the Federal
Government's acts are unauthoritative, void and without
force.
(5) The several states of the United States are not
united on the principle of unlimited submission to the
Federal Government. If the government created by the compact
among the states were the exclusive or final judge of the
extent of the powers granted by the Constitution, the Federal
Government's discretion, and not the Constitution, would be
the measure of those powers. To the contrary, as in all other
cases of compacts among powers having no common judge, each
party has an equal right to judge itself, as well as
infractions of the mode and measure of redress. Although the
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several states have granted supremacy to laws and treaties
made pursuant to the powers granted in the Constitution,
supremacy does not apply to various Federal statutes, orders,
rules, regulations or other actions which restrict or
prohibit the manufacture, ownership and use of firearms,
firearm accessories or ammunition exclusively within the
borders of this Commonwealth and those statutes, orders,
rules, regulations and other actions exceed the powers
granted to the Federal Government except to the extent
necessary and proper for the government and regulation of the
land and naval forces of the United States or for the
organizing, arming and disciplining of militia forces
actively employed in the service of the United States Armed
Forces.
(6) The people of the several states have given the
Congress of the United States the power "to regulate commerce
with foreign nations, and among the several states, and with
the Indian tribes," but "regulating commerce" does not
include the power to limit citizens' right to keep and bear
arms in defense of their families, neighbors, persons or
property or to dictate to what sort of arms and accessories
law-abiding mentally competent residents of this Commonwealth
may buy, sell, exchange or otherwise possess within the
borders of this Commonwealth.
(7) The people of the several states have also given
Congress the power "to lay and collect taxes, duties,
imports, and excises, to pay the debts, and provide for the
common defense and general welfare of the United States" and
"to make all laws which shall be necessary and proper for
carrying into execution the powers vested by the Constitution
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in the government of the United States, or in any department
or officer thereof." These constitutional provisions merely
identify the means by which the Federal Government may
execute its limited powers and does not give unlimited powers
because to do so would be to destroy the balance of power
between the Federal Government and the state governments. The
General Assembly denies any claim that the taxing and
spending powers of Congress can be used to diminish in any
way the people's right to keep and bear arms.
(8) The citizens of this Commonwealth have vested the
General Assembly with the authority to regulate the
manufacture, possession, exchange and use of firearms within
the borders of this Commonwealth, subject only to the limits
imposed by the Second Amendment to the Constitution of the
United States and the Constitution of Pennsylvania.
Section 3. Limitation of Federal law.
The following apply:
(1) All Federal acts, laws, orders, rules and
regulations, whether past, present or future, which infringe
on the people's right to keep and bear arms as guaranteed by
the Second Amendment to the Constitution of the United States
and section 21 of Article I of the Constitution of
Pennsylvania shall:
(i) be invalid in this Commonwealth;
(ii) not be recognized by this Commonwealth;
(iii) be specifically rejected by this Commonwealth;
and
(iv) be considered null and void and without effect
in this Commonwealth.
(2) The Federal acts, laws, orders, rules and
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regulations subject to this section shall include, but are
not limited to:
(i) 18 U.S.C. Ch. 44 (relating to firearms).
(ii) 26 U.S.C. Ch. 53 (relating to machine guns,
destructive devices, and certain other firearms).
(iii) Any tax, levy, fee or stamp imposed on
firearms, firearm accessories or ammunition not common to
all other goods and services which could have a chilling
effect on the purchase or ownership of those items by a
law-abiding citizen.
(iv) Any registering or tracking of firearms,
firearm accessories or ammunition which could have a
chilling effect on the purchase or ownership of those
items by a law-abiding citizen.
(v) Any registering or tracking of the owners of
firearms, firearm accessories or ammunition which could
have a chilling effect on the purchase or ownership of
those items by a law-abiding citizen.
(vi) Any act forbidding the possession, ownership or
use or transfer of any type of firearm, firearm accessory
or ammunition by a law-abiding citizen.
(vii) Any act ordering the confiscation of firearms,
firearm accessories or ammunition from a law-abiding
citizen.
Section 4. Enforcement.
It shall be the duty of the courts and law enforcement
agencies of this Commonwealth to protect the rights of law-
abiding citizens to keep and bear arms within the borders of
this Commonwealth and enforce the provisions of section 3.
Section 5. Prohibitions.
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A public officer or employee of this Commonwealth may not
enforce or attempt to enforce any of the infringements on the
right to keep and bear arms included in section 3. Any official,
agent or employee of the United States Government who enforces
or attempts to enforce any of the infringements on the right to
keep and bear arms included in section 3 shall be guilty of a
misdemeanor punishable by up to five years' imprisonment and a
fine of up to $10,000.
Section 6. Private cause of action.
Any citizen who has been subject to an effort to enforce any
of the infringements on the right to keep and bear arms included
in section 3 shall have a private cause of action for
declaratory judgment and for damages against any person or
entity attempting the enforcement.
Section 7. Effective date.
This act shall take effect in 60 days.
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