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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, BOYD, D. COSTA, COX, CREIGHTON, CUTLER, DALEY, DENLINGER, ELLIS, FLECK, GABLER, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, HESS, HORNAMAN, HUTCHINSON, METCALFE, MILLER, MOUL, PERRY, REESE, ROAE, ROCK, SWANGER, TALLMAN AND VULAKOVICH, FEBRUARY 24, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, in firearms and other dangerous |
3 | articles, further providing for prohibited conduct during |
4 | emergency. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6107(b) of Title 18 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 6107. Prohibited conduct during emergency. |
10 | * * * |
11 | (b) Seizure, taking and confiscation.-- |
12 | (1) Except as otherwise provided under subsection (a) |
13 | and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 |
14 | (relating to Commonwealth services) or any other provision of |
15 | law to the contrary, no firearm, accessory or ammunition may |
16 | be seized, taken or confiscated during an emergency unless |
17 | the seizure, taking or confiscation would be authorized |
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1 | absent the emergency. |
2 | (2) Any public officer, public employee or other person |
3 | who intentionally or knowingly seizes or confiscates a |
4 | firearm or ammunition from a person in violation of this |
5 | section or who orders, aids or assists such seizure or |
6 | confiscation commits a summary offense. |
7 | (3) Any person aggrieved by a violation of paragraph (1) |
8 | may initiate an action for appropriate relief from the public |
9 | official, public employee or other person who subjects the |
10 | person to the unlawful seizure or confiscation. The relief |
11 | shall include return of the firearm in the jurisdiction in |
12 | which the person resides or in which the firearm may be |
13 | found, plus reasonable attorney fees and costs. |
14 | * * * |
15 | Section 2. This act shall take effect in 60 days. |
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