1Providing for the possession of firearms in motor vehicles;
2prohibiting certain acts; imposing duties on employers; and
3providing for civil immunity under certain circumstances and
4for enforcement.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Preservation
9and Protection of Firearms in Motor Vehicles Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Employee." A person who:

15(1) works for salary, wages or other remuneration;

16(2) is an independent contractor; or

1(3) is a volunteer, intern or other similar individual
2for an employer.

3"Employer." A sole proprietorship, partnership, corporation,
4limited liability company, professional association,
5cooperative, joint venture, trust, firm, institution,
6association or business entity that has employees.

7"Firearm." The term includes ammunition and accoutrements
8attendant to the lawful possession and use of a firearm.

9"Invitee." A business invitee, including a customer or
10visitor, who is lawfully on the premises of a public or private
11employer.

12"Motor vehicle." An automobile, truck, minivan, sports
13utility vehicle, motor home, recreational vehicle, motorcycle,
14motor scooter or any other vehicle operated on the roads of this
15Commonwealth and required to be registered under the laws of
16this Commonwealth.

17"Parking lot." Real property that is used for parking motor
18vehicles and is available to customers, employees or invitees
19for temporary or long-term parking or storage of motor vehicles.

20Section 3. Legislative intent.

21The General Assembly finds and declares that:

22(1) This act is intended to codify the long-standing
23legislative policy of the Commonwealth that individual
24citizens have a constitutional right to keep and bear arms,
25that they have a constitutional right to possess and keep
26legally owned firearms within their motor vehicles for self-
27defense and other lawful purposes and that these rights are
28not abrogated by virtue of a citizen becoming a customer,
29employee or invitee of a business entity.

30(2) A citizen's lawful possession, transportation and

1secure keeping of firearms and ammunition within the
2citizen's motor vehicle is essential to the exercise of the
3fundamental constitutional right to keep and bear arms and
4the constitutional right of self-defense.

5(3) Protecting and preserving these rights is essential
6to the exercise of freedom and individual responsibility.

7(4) No citizen can or should be required to waive or
8abrogate the right to possess and securely keep firearms and
9ammunition locked within the citizen's motor vehicle by
10virtue of becoming a customer, employee or invitee of any
11employer or business establishment within this Commonwealth,
12unless specifically required by Federal or State law.

13Section 4. Prohibited acts.

14The following acts are prohibited:

15(1) No public or private employer may prohibit any
16customer, employee or invitee from possessing any legally
17owned firearm when the firearm is lawfully possessed and
18locked inside or locked to a private motor vehicle in a
19parking lot and when the customer, employee or invitee is
20lawfully on the premises of the public or private employer.

21(2) No public or private employer may violate the
22privacy rights of a customer, employee or invitee by verbal
23or written inquiry regarding the presence of a firearm inside
24or locked to a private motor vehicle in a parking lot or by
25an actual search of a private motor vehicle in a parking lot
26to ascertain the presence of a firearm within the vehicle.

27(3) No public or private employer may take any action
28against a customer, employee or invitee based upon verbal or
29written statements of any party concerning possession of a
30firearm stored inside a private motor vehicle in a parking

1lot for lawful purposes.

2(4) A search of a private motor vehicle in the parking
3lot of a public or private employer to ascertain the presence
4of a firearm within the vehicle may only be conducted by on-
5duty law enforcement personnel, based upon due process and
6must comply with constitutional protections.

7(5) No public or private employer may consider the fact
8that an employee or prospective employee holds or does not
9hold a license for a firearm under 18 Pa.C.S. § 6109
10(relating to licenses) unless such license is required for
11employment.

12(6) No public or private employer may condition
13employment on an agreement by an employee or a prospective
14employee that prohibits an employee from keeping a legal
15firearm locked inside or locked to a private motor vehicle in
16a parking lot when the firearm is kept for lawful purposes.

17(7) No public or private employer may prohibit or
18attempt to prevent any customer, employee or invitee from
19entering the parking lot of the employer's place of business
20because the customer's, employee's or invitee's private motor
21vehicle contains a legal firearm which is:

22(i) being carried for lawful purposes; and

23(ii) out of sight within the customer's, employee's
24or invitee's private motor vehicle.

25(8) No public or private employer may terminate the
26employment of or otherwise discriminate against an employee
27or expel a customer or invitee for exercising the
28constitutional right to keep and bear arms or for exercising
29the right of self-defense as long as a firearm is not
30exhibited on company property for any reason other than

1lawful defensive purposes.

2Section 5. Applicability.

3Section 4 applies to all public sector employers, including
4those already prohibited from regulating firearms under the laws
5of this Commonwealth.

6Section 6. Duty of care of public and private employers.

7(a) General rule.--A public or private employer subject to
8the provisions of section 4 has no duty of care relating to the
9actions prohibited under section 4.

10(b) Immunity.--

11(1) A public or private employer is not liable in a
12civil action based on actions or inactions taken in
13compliance with this section.

14(2) Paragraph (1) does not apply to civil actions based
15on actions or inactions of public or private employers that
16are unrelated to compliance with this act.

17(c) Construction.--Nothing contained in this section shall
18be construed to expand any existing duty or create any
19additional duty on the part of a public or private employer,
20property owner or property owner's agent.

21Section 7. Enforcement.

22(a) Attorney General.--

23(1) The Attorney General shall enforce the provisions of
24this act on behalf of any customer, employee or invitee
25aggrieved under this act.

26(2) If there is reasonable cause to believe that the
27aggrieved person's rights under this act have been violated
28by a public or private employer, the Attorney General shall
29commence a civil or administrative action for damages,
30injunctive relief and civil penalties and such other relief

1as may be appropriate, or may negotiate a settlement with any
2employer on behalf of any person aggrieved under this act.

3(b) Private causes of action.--

4(1) Nothing in this act shall be construed to prohibit
5the right of a person aggrieved under this act to bring a
6civil action for violation of rights protected under this
7act.

8(2) In any successful action brought by a customer,
9employee or invitee aggrieved under this act, the court shall
10award all reasonable personal costs and losses suffered by
11the aggrieved person as a result of the violation of rights
12under this act.

13(c) Court costs and attorney fees.--In any action brought
14pursuant to this act, the court shall award all court costs and
15reasonable attorney fees to the prevailing party.

16Section 8. Exceptions.

17The prohibitions in section 4 do not apply to:

18(1) Real property owned, leased or controlled by an
19educational institution.

20(2) A correctional institution in this Commonwealth.

21(3) Real property on which a nuclear-powered electricity
22generation facility is located.

23(4) Real property owned or leased by a public or private
24employer or the landlord of a public or private employer upon
25which are conducted substantial activities involving national
26defense, aerospace or homeland security.

27(5) Real property owned or leased by a public or private
28employer or the landlord of a public or private employer upon
29which the primary business conducted is the manufacture, use,
30storage or transportation of combustible or explosive

1materials regulated under Federal or State law, or real
2property owned or leased by an employer who has obtained a
3permit required under 18 U.S.C. § 842 (relating to unlawful
4acts) to engage in the business of importing, manufacturing
5or dealing in explosive materials on such property.

6(6) A motor vehicle owned or leased by a public or
7private employer or the landlord of a public or private
8employer.

9(7) Any other real property owned or leased by a public
10or private employer or the landlord of a public or private
11employer upon which possession of a firearm or other legal
12product by a customer, employee or invitee is prohibited
13pursuant to any Federal law, contract with a Federal
14Government entity or law of this Commonwealth.

15Section 9. Applicability to causes of action.

16This act shall apply to causes of action that accrue after
17the effective date of this section.

18Section 10. Effective date.

19This act shall take effect in 60 days.