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 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
(b) Direct and consequential 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.A. § 8301 (wrongful
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.
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
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
(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.