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
"(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
_____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,
restrict in any manner
the right of any person to purchase,
possess, transfer, own, carry, transport, sell or store any
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
_____(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.