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PHILADELPHIA HOME RULE CHARTER
THE PHILADELPHIA CODE
TITLE 1. GENERAL PROVISIONS
TITLE 2. CITY-COUNTY CONSOLIDATION
TITLE 3. AIR MANAGEMENT CODE
TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
TITLE 4.1. ELECTRICAL CODE
TITLE 4.2. PROPERTY MAINTENANCE CODE
TITLE 5. FIRE PREVENTION CODE
TITLE 6. HEALTH CODE
TITLE 7. HOUSING CODE
TITLE 8. PLUMBING CODE
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
CHAPTER 10-100. ANIMALS
CHAPTER 10-200. ETHNIC INTIMIDATION AND INSTITUTIONAL VANDALISM
CHAPTER 10-300. MINORS
CHAPTER 10-400. NOISE AND EXCESSIVE VIBRATION
CHAPTER 10-500. PROPERTY - DAMAGING, DEFACING AND INTERFERING WITH
CHAPTER 10-600. PUBLIC PLACES - PROHIBITED CONDUCT
CHAPTER 10-700. REFUSE AND LITTERING
CHAPTER 10-800. SAFETY
§ 10-801. Abandoned Iceboxes.
§ 10-802. Building Activities in Streets.
§ 10-803. Excavations and Obstructions.
§ 10-804. False Reports or Alarms for Police or Fire Services.
§ 10-805. Hoisting Heavy Objects.
§ 10-806. Reviewing Stands - Construction.
§ 10-807. Reserved.
§ 10-808. Reserved.
§ 10-809. Water Control.
§ 10-810. Weapons and Dangerous Devices.
§ 10-811. Penalties.
§ 10-812. Removal and Abandonment of Shopping Carts.
§ 10-813. Reserved.
§ 10-814. Acquisition or Transfer of Firearms.
§ 10-814a. Acquisition or Transfer of Firearms.
§ 10-815. Hunting.
§ 10-816. Incendiary Devices.
§ 10-817. Police and Fire Radio Broadcasts.
§ 10-818. Firearms in Public Places.
§ 10-819. State of Emergency.
§ 10-820. Cutting Weapons in Public Places.
§ 10-821. Reserved.
§ 10-821a. Contraband Weapons, Accessories and Ammunition.
§ 10-821b. Contraband Weapons, Accessories and Ammunition.
§ 10-822. Carrying of Weapons in or on Public and Private Buildings.
§ 10-823. Driveways.
§ 10-824. Unauthorized Entry on School Premises.
§ 10-825. Stun Guns.
§ 10-826. Sale to or Possession by Minors of Dangerous Martial Arts Weapons and Instruments.
§ 10-827. Display of Building Numbers.
§ 10-828. Strict Liability for Damages Caused by Certain Firearms.
§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen.
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.
§ 10-830a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm.
§ 10-831. Straw and Multiple Handgun Purchase Reduction.
§ 10-831a. Straw and Multiple Handgun Purchase Reduction.
§ 10-832. Firearms Tracing.
§ 10-833. Possession of Weapons on School Property.
§ 10-834. Responsibility to Avoid Possession and Discharge of Firearms by Children.
§ 10-835. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-835a. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.
§ 10-836. Reserved.
§ 10-836a. Reserved.
§ 10-837. Sale or Transfer of Ammunition.
§ 10-838. Failure to Report Lost or Stolen Firearm.
§ 10-838a. Failure to Report Lost or Stolen Firearm.
§ 10-839. Reporting Requirements for Lost or Stolen Vehicles.
§ 10-840. Criminal and Defiant Trespassers.
§ 10-841. Fraudulent Leasing of Residential Property.
§ 10-842. Possession of Weapons at City Recreation Facilities.
CHAPTER 10-900. CRIMINAL REGISTRATION
CHAPTER 10-1000. FEES
CHAPTER 10-1100. OBSCENITY
CHAPTER 10-1100A. DEVELOPMENT IN DEFINED FLOOD PLAIN AREAS (Repealed)
CHAPTER 10-1200. POSTING OF SIGNS
CHAPTER 10-1300. DISPLAY OF OBJECTIONABLE PUBLICATIONS AND MATERIALS
CHAPTER 10-1400. "TAILGATING" AND RELATED ACTIVITIES IN THE OUTDOOR PUBLIC PARKING LOTS AT THE PHILADELPHIA SPORTS COMPLEX
CHAPTER 10-1500. INTERFERENCE WITH ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
CHAPTER 10-1600. CONDUCT IN PUBLIC PLACES OF ASSEMBLY; ADMINISTRATIVE ADJUDICATION OF VIOLATIONS
CHAPTER 10-1700. USE OF SURVEILLANCE TAPES IN COMMERCIAL BUSINESSES
CHAPTER 10-1800. VICARIOUS LIABILITY FOR STUDENT CONDUCT
CHAPTER 10-1900. WITNESS INTIMIDATION
CHAPTER 10-2000. UNLAWFUL MANUFACTURE OF FIREARMS
CHAPTER 10-2100. MARIJUANA POSSESSION
CHAPTER 10-2200. HATE CRIMES
CHAPTER 10-2300. LIABILITY FOR HUMAN TRAFFICKING
CHAPTER 10-2400. PHILADELPHIA GUN VIOLENCE PROTECTION
CHAPTER 10-2500. PROHIBITED PHYSICAL CONTACT BY PEACE OFFICERS
CHAPTER 10-2600. LESS LETHAL DEVICES
CHAPTER 10-2700. CITY REPORTS ON IMPERMISSIBLE CAMPING
TITLE 11. STREETS
TITLE 12. TRAFFIC CODE
TITLE 13. WATER AND SEWER
TITLE 14. ZONING AND PLANNING
TITLE 15. PARKS AND RECREATION
TITLE 16. PUBLIC PROPERTY
TITLE 17. CONTRACTS AND PROCUREMENT
TITLE 18. COMMERCE AND AVIATION
TITLE 19. FINANCE, TAXES AND COLLECTIONS
TITLE 20. OFFICERS AND EMPLOYEES
TITLE 21. MISCELLANEOUS
TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
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§ 10-827. Display of Building Numbers. 293
   (1)   The owner of any building, house, condominium, condominium unit or other structure to which a number has been assigned by the Board of Revision of Taxes pursuant to subsection 19-1304(2) shall prominently display such number on such building, house, condominium, condominium unit or other structure.
   (2)   The penalty for a violation of this Section shall be a fine not exceeding three hundred dollars ($300). No action to enforce this Section with respect to a particular property shall be taken except in conjunction with action to enforce some other provision of The Philadelphia Code, or regulation promulgated pursuant thereto, with respect to the property in question.

 

Notes

293
   Added, Bill No. 809 (approved March 14, 1995), 1995 Ordinances, p. 149. Ordinance provides that it takes effect 90 days after it becomes law.
§ 10-828. Strict Liability for Damages Caused by Certain Firearms. 294
   (1)   Definitions. 295
      (a)   Smart gun. 296 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

294
   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.
295
   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.
296
   Amended, Bill No. 130224 (approved May 8, 2013).
§ 10-829. Prohibition on Sale of Box Cutters and Similar Utility Knives to Persons Under the Age of Eighteen. 297
   (1)   It shall be unlawful for any person to sell, or offer for sale, any box cutter or utility knife, razor or blade designed to be used in conjunction with a box cutter or utility knife, to any person under eighteen (18) years of age. For the purpose of this Section the terms "box cutter" and "utility knife" shall mean any tool or implement sold for the primary purpose of cutting, which contains a knife, razor or blade which is either fixed in position or retracts upon moving a release mechanism.
   (2)   No person who sells or offers for sale box cutters or utility knives shall place such box cutters or utility knives on open display so that such implements are accessible to the public without the assistance of the person offering such implement for sale, or his or her employee.
   (3)   The penalty for any person who violates the provisions of this Section is a fine of not more than three hundred dollars ($300).

 

Notes

297
   Added, Bill No. 000149 (approved May 31, 2000), effective 30 days following enactment. Enrolled bill numbered this as Section 10-828; renumbered by Code editor.
§ 10-830. Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm. 298
   (1)   Definitions.
      (a)   Application. An Application for a license to carry a firearm concealed in a vehicle or one about the person of an individual as described in 18 P.S. § 6109.
      (b)   Firearm. Any rifle, pistol, revolver, gun or shotgun.
      (c)   Police Department. The Philadelphia Police Department.
   (2)   Reporting Requirements.
      (a)   The Police Department, upon reviewing an Application, in a form designed by the Police Department, shall require the applicant to provide the following information upon the processing of an Application:
         (.1)   The name, address, occupation, place of birth of the applicant, date and hour of the application, the caliber, length of barrel, make, model and manufacturer's number of and type of all guns registered with the Commonwealth of Pennsylvania, at the home, business or any other property leased, owned by the applicant or under the control or access of the applicant, at the time of the application.
      (b)   This information shall be provided to the Police Department in a form designed by the Police Department, every year, within sixty (60) days from one year of the original date of application that the applicant has a valid license to carry a firearm concealed in a vehicle or one about the person of an individual.
         (.1)   In the event that the applicant no longer owns the firearm, the applicant shall within one year of the date of the original application for a concealed weapon, update the information provided in the form provided by the Police Department.
   (3)   Exemption.
      (a)   This Ordinance shall not apply to:
         (.1)   employees of the Police Department and the Philadelphia Sheriff's Department;
         (.2)   retired former employees of the Police Department with respect to weapons they purchased with personal funds and which they were authorized to use in the line of duty during their period of employment with the Police Department;
         (.3)   any person who falls into any of the exceptions in 18 Pa. C.S. § 6106(b).
      (b)   The Police Department shall, by regulation, specify procedures whereby persons permitted to own concealed firearms 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 Police Department to defray the cost of such certification process.
   (4)   Penalties. Any person who violates any provision of this Section shall, in addition to other penalties provided, shall pay a fine of not more than three hundred dollars ($300).

 

Notes

298
   Added, Bill No. 000659-A (approved January 23, 2001). Enrolled bill numbered this as Section 10-828; 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.
§ 10-830a. Reporting Requirements Upon the Application for or Renewal of a License to Carry a Firearm.  299
   (1)   Definitions.
      (a)   Application. An application for a license to carry a firearm concealed in a vehicle or on or about the person of an individual as described in 18 Pa. C.S. § 6109.
      (b)   Firearm. Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
   (2)   Reporting Requirements.
      (a)   The Police Department shall require an applicant to provide the following information in a form designed by the Police Department:
         (.1)   The name, address, occupation, place of birth of the applicant, date and hour of the application, the caliber, length of barrel, make, model and manufacturer's number of and type of all guns at the home, business or any other property leased, owned by the applicant or under the control or access of the applicant, at the time of the application.
      (b)   The information set forth in subsection (2)(a)(.1) shall be provided to the Police Department in a form designed by the Police Department, every year, within sixty (60) days from the anniversary of the original date of application for a license to carry a firearm concealed in a vehicle or on or about the person.
         (.1)   If the applicant no longer owns the firearm, the applicant shall update the information provided in the form provided by the Police Department within thirty (30) days of the transfer, loss or destruction of the firearm.
   (3)   Exemption.
      (a)   This Section shall not apply to:
         (.1)   employees of the Police Department and the Philadelphia Sheriff's Department;
         (.2)   retired former employees of the Police Department with respect to weapons they purchased with personal funds and which they were authorized to use in the line of duty during their period of employment with the Police Department;
         (.3)   any person who meets any of the exceptions in 18 Pa. C.S. § 6106(b).
      (b)   The Police Department shall, by regulation, specify procedures whereby persons desiring to carry concealed firearms 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 Police Department to defray the cost of such certification process.
   (4)   Penalties. Any person who violates any provision of this Section shall, in addition to other penalties provided, pay a fine of not more than three hundred dollars ($300).

 

Notes

299
   Added, Bill No. 040137 (approved May 9, 2007). Section 2 of Bill No. 040137 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 10-830 of The Philadelphia Code, entitled ‘Reporting Requirements Upon the Application or Renewal of a License to Carry a Firearm.'"
§ 10-831. Straw and Multiple Handgun Purchase Reduction. 300
   (1)   Definitions.
      (a)   Collector. Any person who acquires, holds, or disposes of firearms as curios or relics, as the United States Attorney General shall by regulation define, and the term "licensed collector" 301 means any such person licensed under the provisions of Chapter 44 of Title 18 of the United States Code.
      (b)   Handgun. Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle, or shotgun with a overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to 302 the face of the closed action bolt or cylinder – whichever is applicable.
      (c)   Straw Purchaser. Any person who conducts or attempts to conduct a gun purchase on behalf of another person.
   (2)   Limitation on Purchases.
      (a)   Prohibited Conduct by Prospective Buyers.
         (.1)   No prospective firearm purchaser or other transferee shall be allowed to purchase or receive more than one handgun in any 30-day period.
         (.2)   No one shall act as a straw purchaser in any handgun transaction in order to evade the provisions of this Section.
      (b)   Prohibited Conduct by Prospective Sellers. No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, unless he has:
         (.1)   obtained a 30 day eligibility report from the City of Philadelphia Police Department; and
         (.2)   forwarded a copy of the completed application/record of sale from the potential buyer or transferee to the City of Philadelphia Police Department, postmarked via first class mail, within 14 days of the sale.
      (c)   Exceptions. This Section shall not apply to sales or transfers to:
         (.1)   Law enforcement agencies or agencies authorized to perform law enforcement duties.
         (.2)   State and local correctional facilities.
         (.3)   Licensed firearms dealers, importers, manufacturers and collectors.
         (.4)   Private security companies licensed to do business within this Commonwealth.
         (.5)   A person whose handgun is stolen or irretrievably lost, provided that person has, within 72 hours of learning of such theft or loss, filed a report with the City of Philadelphia Police Department or the Pennsylvania State Police, in a form and specifying such information as the City of Philadelphia Police Department or the Pennsylvania State Police shall require.
         (.6)   A person exchanging a handgun at its original place of purchase.
         (.7)   A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser requires access to a handgun because of a threat to the life of the transferee or purchaser or any member of the household of that transferee or purchaser.
         (.8)   A person who presents to the seller or transferor a written statement issued by the Adjutant General of Pennsylvania, or his designee, dated within the past thirty days, stating that the transferee or purchaser requires access to a handgun because of a threat to the citizens of this Commonwealth which the purchaser or transferee seeks to defend against as directed by law.
   (3)   30 Day Report of Eligibility.
      (a)   Nature of Report. A 30 day eligibility report prepared by the City of Philadelphia Police Department shall indicate only whether the prospective purchaser or transferee is eligible or ineligible. Anyone who received another handgun within the immediately preceding 30 days shall be deemed ineligible and shall be deemed eligible again 30 days from the date of the prior transaction.
      (b)   Method of Compiling Report. Prior to the expiration of the 48 hour period from the time of the application for the purchase or transfer of the handgun, the seller or transferor shall request that the City of Philadelphia Police Department conduct a 30 Day eligibility inquiry. Such request shall be made by means of a telephone call, or by means of an electronic query via e-mail or via a website, so long as e-mail or web-based communications are available and fully operational. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed two dollars ($2.00) per buyer or transferee.
      Upon receipt of such a request, the City of Philadelphia Police Department shall immediately issue a request to the Pennsylvania State Police to conduct a review of all firearms transactions processed via the Instantaneous Criminal History Records Check System within the past 30 days to determine whether the prospective purchaser or transferee has received another handgun within the immediately preceding 30 days.
      Upon receipt of the results of the Pennsylvania State Police inquiry, if the prospective purchaser or transferee is eligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a unique approval number and transmit a receipt containing the date and approval number to the prospective seller. If the prospective purchaser or transferee is ineligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a letter of denial, recorded with the date on which the prospective purchaser will become eligible to obtain an additional handgun under this Section and transmit this letter of denial to the prospective seller.
   (4)   Investigations of Multiple Handgun Purchasers. The receipt of applications/records of sale which indicate that a purchaser or transferee has obtained more than one handgun in any 30 day period shall constitute prima facie evidence that the multiple handgun purchaser is involved in the trafficking of handguns. The City of Philadelphia Police Department shall thereafter commence a criminal investigation to determine the extent, if any, of criminal activities committed by the multiple handgun purchaser.
   (5)   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. The fine may be imposed through the confiscation of the illegally obtained handgun by the City of Philadelphia Police Department, said handgun to be melted down or rendered inoperable thereafter.

 

Notes

300
   Added, Bill No. 040117-A (approved May 9, 2007). Section 3 of Bill No. 040117-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly."
301
   Enrolled Bill No. 040117-A read "locensed collector".
302
   Enrolled Bill No. 040117-A read "ot".
§ 10-831a. Straw and Multiple Handgun Purchase Reduction.  303
   (1)   Definitions.
      (a)   Collector: Any person who acquires, holds, or disposes of firearms as curios or relics, as the United States Attorney General shall by regulation define, and the term "licensed collector" means any such person licensed under the provisions of Chapter 44 of Title 18 of the United States Code.
      (b)   Handgun: Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle, or shotgun with a overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action bolt or cylinder – whichever is applicable.
      (c)   Straw Purchaser: Any person who conducts or attempts to conduct a gun purchase on behalf of another person.
   (2)   Limitation on Purchases.
      (a)   Prohibited Conduct by Prospective Buyers.
         (.1)   No prospective firearm purchaser or other transferee shall be allowed to purchase or receive more than one handgun in any 30 day period.
         (.2)   No one shall act as a straw purchaser in any handgun transaction in order to evade the provisions of this Section.
      (b)   Prohibited Conduct by Prospective Sellers. No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, unless he has:
         (.1)   obtained a 30 day eligibility report from the City of Philadelphia Police Department; and
         (.2)   forwarded a copy of the completed application/record of sale from the potential buyer or transferee to the City of Philadelphia Police Department, postmarked via first class mail, within 14 days of the sale.
      (c)   Exceptions. This Section shall not apply to sales or transfers to:
         (.1)   Law enforcement agencies or agencies authorized to perform law enforcement duties.
         (.2)   State and local correctional facilities.
         (.3)   Licensed firearms dealers, importers, manufacturers and collectors.
         (.4)   Private security companies licensed to do business within this Commonwealth.
         (.5)   A person whose handgun is stolen or irretrievably lost, provided that person has, within 72 hours of learning of such theft or loss, filed a report with the City of Philadelphia Police Department or the Pennsylvania State Police, in a form and specifying such information as the City of Philadelphia Police Department or the Pennsylvania State Police shall require.
         (.6)   A person exchanging a handgun at its original place of purchase.
         (.7)   A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser requires access to a handgun because of a threat to the life of the transferee or purchaser or any member of the household of that transferee or purchaser.
         (.8)   A person who presents to the seller or transferor a written statement issued by the Adjutant General of Pennsylvania, or his designee, dated within the past thirty days, stating that the transferee or purchaser requires access to a handgun because of a threat to the citizens of this Commonwealth which the purchaser or transferee seeks to defend against as directed by law.
         (.9)   A person who presents to the seller or transferor a written statement issued by the City of Philadelphia Police Department dated within the past thirty days stating that the transferee or purchaser, if all other eligibility requirements are met, may purchase or otherwise obtain a handgun regardless of the results of the 30 day eligibility report, because the Police Department is satisfied that the person is not a straw purchaser.
   (3)   30 Day Report of Eligibility.
      (a)   Nature of Report. A 30 day eligibility report prepared by the City of Philadelphia Police Department shall indicate only whether the prospective purchaser or transferee is eligible or ineligible. Anyone who received another handgun within the immediately preceding 30 days shall be deemed ineligible and shall be deemed eligible again 30 days from the date of the prior transaction.
      (b)   Method of Compiling Report. Prior to the expiration of the 48 hour period from the time of the application for the purchase or transfer of the handgun, the seller or transferor shall request that the City of Philadelphia Police Department conduct a 30 Day eligibility inquiry. Such request shall be made by means of a telephone call, or by means of an electronic query via e-mail or via a website, so long as e-mail or web-based communications are available and fully operational. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed two dollars ($2.00) per buyer or transferee.
      Upon receipt of such a request, the City of Philadelphia Police Department shall immediately issue a request to the Pennsylvania State Police to conduct a review of all firearms transactions processed via the Instantaneous Criminal History Records Check System within the past 30 days to determine whether the prospective purchaser or transferee has received another handgun within the immediately preceding 30 days.
      Upon receipt of the results of the Pennsylvania State Police inquiry, if the prospective purchaser or transferee is eligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a unique approval number and transmit a receipt containing the date and approval number to the prospective seller. If the prospective purchaser or transferee is ineligible to obtain a handgun under this Section, the City of Philadelphia Police Department shall issue a letter of denial, recorded with the date on which the prospective purchaser will become eligible to obtain an additional handgun under this Section and transmit this letter of denial to the prospective seller.
   (4)   Investigations of Multiple Handgun Purchasers. The receipt of applications/records of sale which indicate that a purchaser or transferee has obtained more than one handgun in any 30 day period shall constitute prima facie evidence that the multiple handgun purchaser is involved in the trafficking of handguns. The City of Philadelphia Police Department shall thereafter commence a criminal investigation to determine the extent, if any, of criminal activities committed by the multiple handgun purchaser.
   (5)   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. The fine may be imposed through the confiscation of the illegally obtained handgun by the City of Philadelphia Police Department, said handgun to be melted down or rendered inoperable thereafter.

 

Notes

303
   Added, Bill No. 080035-A (approved April 10, 2008), effective October 10, 2008. Enrolled bill numbered this as Section 10-831; 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.
§ 10-832. Firearms Tracing. 304
   (1)   Illegal Possession. Upon recovering a firearm from the possession of anyone who is not permitted by Federal or State law to possess a firearm, the City of Philadelphia Police Department shall use the best available information, including a firearms trace where necessary, to determine how and from where the person gained possession of the firearm.
   (2)   Tracing. The City of Philadelphia Police Department shall use the National Tracing Center of the Federal Bureau of Alcohol, Tobacco and Firearms in complying with subsection (1).
   (3)   Notification. The City of Philadelphia Police Department shall advise the Pennsylvania State Police and the Federal Bureau of Alcohol, Tobacco and Firearms of all firearms that are recovered in accordance with this Section.
   (4)   Registry. The City of Philadelphia Police Department shall maintain a registry of all information reported in accordance with this Section.

 

Notes

304
   Added, Bill No. 040113-AA (became law January 25, 2005). The Law Department issued an opinion dated December 23, 2004, advising that this addition to the Code exceeds Council's powers and is therefore ineffective. 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.
§ 10-833. Possession of Weapons on School Property. 305
   (1)   Definitions.
      Weapon. For purposes of this Section the term shall include, but not be limited to, any firearm, shotgun, rifle, knife, cutting instrument, cutting tool, nunchuck stick, and any other tool, instrument or implement capable of inflicting serious bodily injury.
   (2)   Prohibited Conduct. No person shall knowingly possess a weapon or knowingly cause a weapon to be present, whether openly or concealed, in the buildings of, within one hundred (100) feet of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Pennsylvania Department of Education or any elementary or secondary parochial school.
   (3)   Exceptions. The prohibitions set forth in subsection (2) shall not apply to:
      (a)   The lawful performance of official duties by any full-time officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.
      (b)   The lawful performance of official duties by a school official.
   (4)   Penalties. 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. The fine may be imposed through the confiscation of the illegally possessed weapon by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter.

 

Notes

305
   Added, Bill No. 040114 (approved May 12, 2004). Section 2 of Bill No. 040114 provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania Assembly."
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