I need clarification on preemption law

[RugerNiner]

What exactly does "No right of action" mean?
I'm going to go to Lancaster City Council and may have a chance to speak.
http://forum.pafoa.org/pennsylvania-...tml#post765713

State Preemption

Title 18 § 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

[tl_3237]

As I interpret it, its similar to the federal firearms manufacturer's protection act in that, other than normal warranty and product issues, Pa prohibits suing those in the marketing chain (manufacturer through dealer) if the marketing/selling of the firearm in accordance with existing laws.

The can't use the suits that were prevalent in the recent past claiming a dealer is selling too many guns later used in crime or a manufacturer is responsible for gun crime because they sell 'too many' guns in an area.

As long as they stay within the regulations no government entity below the Commonwealgth level can bring a suit.

Direct product liabilty (ex gun blow up) is still actionable in court.

The General Rule is what preempts Lancaster City, in this instance, from passing laws regarding individuals possessing, transporting, etc firearms.

What issue will you be speaking on?

Oops, guess thats the lost/stolen issue - duh to me. I'm uncertain if 6120 would apply to the lost/stolen issue since its not relative to possession, etc. Certainly it doesn't involve the marketing chain.

[RugerNiner]

My argument will be preemption of PA state law and the fact that you must own a gun before it can be stolen thereby only the state can make that law.

It may be weak, but it's all I got.
I just found out about the City Council meeting 2 hours ago.

[tl_3237]

good luck and your efforts are appreciated.

Another weak case but you might want to consider that a report of lost firearm undoubtedly will involve serial numbers and a registry of those lost --

§ 6111.4. Registration of firearms



Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.