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(1) Legislative Findings.
(a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend.
(b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement.
(c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth.
(2) Definitions.
(a) Assault weapon. The term includes the following:
(.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following:
(.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger.
(.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing.
(.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock.
(.d) A barrel shroud.
(.e) A muzzle break or muzzle compensator.
(.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand.
(.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip.
(.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
(.4) Any shotgun capable of accepting a detachable magazine.
(.5) Any shotgun with a revolving cylinder.
(.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person.
(b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
(c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled.
(d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.
(e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition
cartridge.
(f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable.
(g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.
(h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.
(i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.
(l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action.
(m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon.
(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder:
(a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or
(b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or
(c) surrender it to the Police Department.
(4) Exceptions.
(a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department.
(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process.
(5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended.
Notes
| 285 | Added, Bill No. 040315 (approved May 9, 2007). Section 2 of Bill No. 040315 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly. Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" |
(1) Legislative Findings.
(a) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this on-going trend.
(b) The Council finds that it would be useful for law enforcement purposes to enhance prohibitions of certain offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it would be useful to specifically include within the ban a variety of weapons and devices that are expressly recognized as offensive weapons. And that they should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement.
(c) The statutory limitations of municipalities to regulate the possession, sale and transfer of firearms, as upheld by the Pennsylvania Supreme Court, has been duly considered and incorporated within the body of this legislation. And, we take into account the paramount interests of the public safety of the citizens of our City and Commonwealth.
(2) Definitions.
(a) Assault weapon. The term includes the following:
(.1) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine and that also possesses any of the following:
(.a) If the firearm is a rifle, a pistol grip located at the rear of the trigger.
(.b) If the firearm is a rifle, a stock in any configuration, including, but not limited to, a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing.
(.c) If the firearm is a pistol, a shoulder stock of any type or configuration, including, but not limited to, a folding stock or a telescoping stock.
(.d) A barrel shroud.
(.e) A muzzle break or muzzle compensator.
(.f) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand.
(.2) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip.
(.3) Any semiautomatic, center-fire rifle with a fixed magazine that has the capacity to accept more than ten rounds of ammunition.
(.4) Any shotgun capable of accepting a detachable magazine.
(.5) Any shotgun with a revolving cylinder.
(.6) Any conversion kit or other combination of parts from which a firearm described in subsections (.1) through (.5) can be assembled if the parts are in the possession or under the control of any person.
(b) Barrel shroud. A covering, other than a slide, that is attached to or that substantially or completely encircles the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand. The term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
(c) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, § 1, as amended, 18 Pa. C.S. § 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled.
(d) Conversion kit. Any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.
(e) Detachable magazine. A magazine the function of which is to deliver one or more ammunition cartridges into the firing chamber of a firearm and which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
(f) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable.
(g) Large Capacity Ammunition Belt. A belt or strip which holds more than sixteen (16) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.
(h) Large Capacity Magazine. Any box, drum or other container which holds more than sixteen (16) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.
(i) Muzzle brake. A device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(j) Muzzle compensator. A device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
(k) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.
(l) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action.
(m) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon.
(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of this Section, was legally in possession of a weapon or device prohibited by this Section shall have thirty (30) days from the effective date of this Section to do any of the following without being subject to prosecution hereunder;
(a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or
(b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this Section; or
(c) surrender it to the Police Department.
(4) Exceptions.
(a) This Section shall not apply to employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this Section is authorized by rules promulgated by such Department.
(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this Section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process.
(5) Penalties. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred dollars ($300) and to imprisonment for not more than ninety (90) days or both. Prosecution under this Section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S. § 908(b), as amended.
Notes
| 286 | Added, Bill No. 080033 (approved April 10, 2008). Section 2 of Bill No. 080033 provides: "Upon becoming effective, this Ordinance shall repeal Section 10-821 of The Philadelphia Code, entitled ‘Contraband Weapons, Accessories and Ammunition.'" Enrolled bill numbered this as Section 10-821a; renumbered by Code editor. 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. |
(1) Definition.
Weapon. Any firearm as defined in Bill No. 2690, approved August 17, 1967 (1967 Ordinances, Page 896), and any other weapon as defined in Bill No. 544, approved August 26, 1968 (1968 Ordinances, Page 906).
(2) Prohibited Conduct. No person shall possess any weapon in any educational institutions except:
(a) private security guards;
(b) City, State or Federal law enforcement officers;
(c) State or Federal military forces on active duty;
(d) members of any reserve officers training corps, color guards and drill or rifle teams, when engaged in lawful organizational activities;
(e) any person authorized by law enforcement agencies to possess weapons.
(3) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days, or both.
Notes
| 287 | Added, 1969 Ordinances, p. 1287. 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. |
(1) Legislative Findings.
(a) The parking of motor vehicles in or upon private driveways has obstructed the movement of police patrol vehicles, fire and emergency apparatus and sanitation equipment essential to the health, safety and welfare of the public.
(b) The parking of motor vehicles in or upon private driveways creates a hazard to the safety of neighborhood children playing thereon.
(c) The obstruction of private driveways creates a hazard to persons and vehicles having a common right to use the driveways.
(2) Prohibited Conduct. No person shall park a motor vehicle or permit it to stand in or upon any driveway thereby preventing the ingress and egress of other persons or automobiles having a public or private right of ingress and egress in or upon the driveway.
(3) Penalties.
(a) Any person violating the provisions of this Section shall, upon summary conviction before the appropriate Court, pay a fine of six dollars ($6.00).
(b) The provisions of Chapter 12-2400 of The Philadelphia Code, relating to the towing of illegally parked or abandoned vehicles shall apply to any violation of this Section.
Notes
| 288 | Added, 1971 Ordinances, p. 1151. |
(1) Prohibited Conduct. No person who is neither employed by The School District of Philadelphia nor a student enrolled in The School system shall enter any premises of The School District of Philadelphia without the express consent of the person in charge of the premises. Failure to obtain consent within 15 minutes after entry on those premises shall be presumptive evidence of violation of this ordinance. Employees of The School District of Philadelphia and students within the system shall only enter school premises where they are regularly assigned unless expressly authorized to enter other premises of The School District by the person in charge of those premises.
(2) Exemptions. This ordinance shall not apply to:
(a) Any governmental official going on the premises within the scope of his official duties.
(b) Any person desiring to enter premises of the School District of Philadelphia who does not engage in any speech or other communication, demonstration, protest, confrontation or any other activity other than that necessary to seek consent to enter the premises.
(3) Penalty. The penalty for violation of this Section shall be a fine of not more than three hundred dollars ($300) and imprisonment for not more than 90 days.
Notes
| 289 | Added, 1971 Ordinances, p. 363. |
(1) Definitions.
(a) Stun Gun. Any device designed or intended by the manufacturer to be used to temporarily immobilize or incapacitate a person by means of electric pulse or current, including devices operating by means of carbon dioxide propellant; also known as an electric or electronic incapacitation device.
(2) Prohibited Conduct.
(a) No person under eighteen (18) years of age shall own, use, possess, sell or otherwise transfer any "stun gun".
(b) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates subsection 10-825(2)(a) shall be in violation of this Section and shall be responsible for payment of any fines assessed against the adult's minor child.
(c) No person shall sell, transfer or otherwise provide a stun gun to a person under the age of eighteen (18) years.
(3) Nothing in this Section is intended to lessen or weaken any additional restrictions imposed by State law relating to stun guns.
(a) Any person violating subsection 10-825(2)(a) or (b) of this Section shall be subject to a fine of not more than five hundred dollars ($500);
(b) Any person violating subsection 10-825(2)(c) hereof shall be subject to a fine of not more than two thousand dollars ($2,000).
(c) The procedures set forth in Section 1-112 of this Code shall not apply to violations of subsection 10-825(2)(c) of this Section. Such procedures shall apply to violations of subsections 10-825(2)(a) and (b), but the amount to be remitted under subsection 1-112(3) shall be not less than one hundred fifty dollars ($150).
Notes
| 290 | Added, 1977 Ordinances, p. 349; amended, Bill No. 170674-A (approved November 13, 2017). |
| 291 | Enrolled bill failed to renumber subsection; renumbered by Code editor. |
(1) No person shall knowingly sell, offer, deal in, transfer, give, or lend to any minor, nor shall any minor use or possess, any instrument or weapon of the kind commonly known as:
(a) nunchaku, manriki, zoobow, dagger, martial art spikes, dirk, stiletto, billy, jutte; or
(b) cestus or sap glove or similar leather studded band with metal fillings; or
(c) razor blade or razor blades imbedded in wood; or
(d) any type of throwing knives, including, but not limited to, gravity, palm, thro, tanto, or butterfly knives; or
(e) Shuriken or any instrument without a handle consisting of a metal plate having three or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for throwing; or
(f) a cord or wire used for strangling, sometimes called a garrote; or
(g) any knife or sword with a double edged blade.
(2) Subsection (1) shall not apply to the possession and use of any weapon or instrument by a minor on the premises of a school which holds a regulatory or business license and teaches the art of self-defense, nor to the possession by a martial arts student, as evidenced by their holding an item of identification certifying that they are members of a martial arts club or school.
(3) Any weapon or instrument in subsection (1) sold to or possessed by a minor in circumstances not set forth in subsection (2), shall be confiscated and delivered into law enforcement departmental custody.
(4) The penalty for each violation of this Section shall be a fine of not more than three hundred dollars ($300) or imprisonment of not more than ninety (90) days or both.
(5) A "minor" under this Ordinance includes all persons under the age of eighteen (18) years.
(6) If any Section, subsection, clause, sentence, phrase or item is found to be unlawful by reason of other superior laws of the United States or the Commonwealth of Pennsylvania, such a determination shall not affect the validity of the remaining portions of this Section 10-826.
Notes
| 292 | Added, 1986 Ordinances, p. 272. |
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