§ 10-828.  Strict Liability for Damages Caused by Certain Firearms. 281
   (1)   Definitions. 282
      (a)   Smart gun. 283 A firearm which incorporates within its design, and as part of its original manufacture, technology which cannot be readily deactivated and which automatically limits the firearm's operational use so that it may only be fired by the particular individual to whom it is sold, or an immediate family member or Life Partner of that individual who is the legal age to purchase a firearm. Such technology may include, but is not limited to, touch memory, automated fingerprint identification systems, and other automatic user identification systems utilizing biometrics, mechanism, and electronic systems.
      (b)   Direct and consequential damages. Such damages shall include but not be limited to reasonable and necessary medical expenses, diminution of earning capacity, pain and suffering including mental suffering and emotional distress, loss of consortium, and in the case of death those enumerated in 42 Pa. C.S. § 8301 (wrongful death).
      (c)   Firearm. Any pistol or revolver with a barrel less than 12 inches, any shotgun with a barrel less than 24 inches, or any rifle with a barrel less than 15 inches.
   (2)   Strict liability. Beginning four years after the date this Section became law, any person (including, but not limited to, any registered or licensed firearms manufacturer or dealer) who manufactures, transports, sells, exposes for sale, possesses for sale, assigns or transfers any firearm shall be liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from the bodily injury or death if the bodily injury or death results from the discharge, within this City of Philadelphia, of the firearm, unless the firearm is a smart gun.
   (3)   Exceptions. This Section shall not apply to firearms originally distributed to officers of law enforcement agencies, members of the armed forces of the United States, or any other person who is authorized by law to acquire, possess or carry a firearm and is acting within the scope of his or her duties.
   (4)   Effect on other law. This Section does not serve to limit any cause of action, other than that provided by this Section, available to a person injured by a firearm. Any defense that is available in a strict liability action shall be available.

 

Notes

281
   Added, Bill No. 990289 (approved June 28, 1999). Bill No. 140904 (approved February 18, 2015) provides that this Section shall not be effective until the enactment of authorizing legislation by the Pennsylvania General Assembly.
282
   Enrolled Bill No. 990289 designated this as subsection (a) and numbered the definitions as (.1), (.2) and (.3); subsection and definitions renumbered by Code editor.
283
   Amended, Bill No. 130224 (approved May 8, 2013).