Adopted by House 4-10-2013

SB435 HFA LANE 4-10 #1

    Delegate Lane moves to amend the Committee Substitute on

page eight on line twenty-four immediately following the word “code” by inserting the following:

“: Provided that, notwithstanding the provisions of subsection (o) of this section, municipalities may regulate the carrying of a firearm in municipal buildings dedicated to government operations, other than parking buildings or garages”


on page nine after line twenty by inserting the following new subsection:

“(o) Additional requirements for participation. –The fourteen Class I, Class II, Class III and/or Class IV municipalities, that wish to participate in the Municipal Home Rule Pilot Program, pursuant to the provisions of this section, must agree to the requirements set forth in this subsection, concerning regulation of firearms, ammunition and firearm accessories: Provided, That if the four municipalities participating in the pilot program on July 1, 2012, wish to continue in the pilot program then those municipalities must also agree to comply with the requirements of this subsection.

 (1) Definitions.

    As used in this subsection:

    (A) “Ammunition” means fixed cartridge ammunition, shotgun shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.

    (B) “Firearm accessory” means a device specifically designed or adapted to enable the wearing or carrying about one’s person, or the storage or mounting in or on a conveyance, of a firearm, or an attachment or device specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.

    (C) “Firearm” has the same meaning as in section two, article seven of chapter sixty-one.

    (2) General rule.

    (A) Notwithstanding any other provision of this Code to the contrary, except as otherwise provided for within this section, municipalities participating in the home rule program pursuant to this section shall not restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any revolver, pistol, rifle or shotgun, or any other firearm, or any ammunition or ammunition components to be used therewith, or the keeping of gunpowder so as to directly or indirectly prohibit the ownership of the ammunition, or, to restrict in any manner the right of any person to purchase, possess, transfer, own, carry, transport, sell or store any other firearm accessory or accouterment; to the complete exclusion of any order, ordinance or rule promulgated or enforced by any political subdivision of this state.

    (B) The authority of a political subdivision to regulate firearms, ammunition, or firearm accessories may not be inferred from its proprietary authority, home rule status or any other inherent or general power.

    (C) Any existing or future orders, ordinances, or rules promulgated or enforced in violation of this section are null and void.

    (3) Applicability and effective dates.

    This subsection applies to any order, ordinance or rule adopted by a municipality covered by the provisions of this section or to official actions taken by an employee or agent of such municipality, on or after the effective date of this article. Upon the effective date of this article, any grandfathered municipal gun ordinances which were in effect at the time of the original passage of section five-a, article twelve, chapter eight of this code shall no longer be of any force or effect for any municipality participating in this program, to the extent they are in conflict with the provisions of this article: Provided, That no provision in this subsection may be construed to limit the authority of a county or municipality to restrict the commercial use of real estate in designated areas through planning or zoning ordinances.