House Bill No. 80, known as Act 192 of 2014  (the “ Act”) amends Title 18 of Pennsylvania Statutes (“Crimes Code”) to accomplish two legal goals: 


(a) creates the crimes of theft of secondary metals and criminal trespass with respect to secondary metals
(b) creates the right of third parties to sue municipalities that have laws regulating firearms such as the prohibition of straw party purchases.
(1)    The first part of the Act addresses the theft of valuable metals at railroads, churches, schools and other properties about which much news has been recently reported. The metals are called “secondary metals” and consist of “wire, pipe or cable commonly used by communications, gas and electrical utilities and railroads and mass transit or commuter rail agencies. Copper, aluminum or other metal, or a combination of metals, that is valuable for recycling or reuse as raw metal.” The criminal trespass is a first degree misdemeanor and occurs when a person enters or remains in a place, knowing he has no license or privilege, for the purpose of unlawfully taking secondary metal therefrom.  The theft of secondary metals occurs when a person “unlawfully takes or attempts to take possession of, carries away or exercise unlawful control over any secondary metal with the intent to deprive the rightful owner thereof” and is graded as a third degree misdemeanor up to a felony depending on the value of the secondary metal and whether it is the third or subsequent offense.
(2)    The Act also  addresses firearms by (a) requiring the Pennsylvania State Police to report to disclose to the United States Attorney General (National Instant Criminal Background Check System)within 72 hours of receipt mental health data going to the qualification(or disqualification) of a person to receive or possess a firearm and (b) providing that “a person adversely affected by a resolution, regulation, rule, practice or any other action prohibited by [certain Pennsylvania statutes prohibiting municipal entities from regulating firearms] … may seek declaratory or injunctive and actual damages in an appropriate court.” Additionally, the court can award attorneys fees, expert witness fees, court costs and compensation for loss of income and other unnamed expenses. The person authorized to sue is (1) a Pennsylvania resident who may legally possess a firearm under federal and state law, (2) a person otherwise enabled under the new law and (3) “a membership organization” in which a member is a person in (1) or (2). Consequently, the Act has been interpreted by fans and critics of giving a new right of action to the National Rifle Organization to sue any  of the 50 or more Pennsylvania municipalities with such laws of record whose residents would bear the expenses awarded in such suits.
The Act was supposed to take effect on December 27, 2014, but a suit was filed November 10, 2014, to stay its effect.
 
 
Robert J. Hobaugh, Jr.
Stevens & Lee
111 North Sixth Street
P.O. Box 679
Reading, PA 19603-0679
OP: (610) 478-2141
OF: (610) 988-0826
 
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