§ 10-831a. Straw and Multiple Handgun Purchase Reduction.

(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.

(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.

(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

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.

(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;

(.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

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.

(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.

(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.

(.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.

(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.

(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.

(.1) obtained a 30 day eligibility report from the City of Philadelphia Police Department; and

(.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.

(.6) A person exchanging a handgun at its original place of purchase.

(.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.

Notes

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.

(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

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.

(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."

§ 10-834. Responsibility to Avoid Possession and Discharge of Firearms by Children.

(1) Legislative Findings. The Council of the City of Philadelphia finds that:

(a) The unintentional firearm-related death rate for children 0-14 years old is nine times higher in the U.S. than in the 25 other industrialized countries combined;

(b) In 2003, there were 130 firearm deaths of children and teens in Pennsylvania, including 41 suicides and 4 accidents;

(c) During the past year the following Philadelphia children have killed themselves and others in accidental shootings after finding loaded and unlocked firearms in their homes:

(.1) 3-year-old Talib Bailey-Hankerson, who shot himself in the face with a firearm he found at the home of his mother's boyfriend;

(.2) 13-year-old Jevon Chestnut, who shot himself while playing with a gun inside his house in North Philadelphia;

(.3) 12-year-old Marquette Cooper, who was killed with his father's loaded handgun that he found in his home;

(.4) An unidentified 15-year-old boy killed and a 16-year-old girl shot after playing with a loaded handgun in his home in Northeast Philadelphia;

(d) The American Academy of Pediatrics has adopted a policy on firearms that states that loaded firearms and unlocked firearms and ammunition represent a serious danger to children and adolescents and encourages legislation mandating trigger locks, lock boxes, and other safe storage of firearms until guns are fully removed from the environment of children;

(e) A comprehensive review of state-by-state surveys of firearms ownership patterns by the Rand Corporation found that only thirty-nine percent (39%) of homes with children and firearms regularly keep their firearm locked, unloaded, and separate from ammunition and forty-three percent (43%) had at least one unlocked firearm in the home where children were present;

(f) Recently published controlled studies in prominent medical journals conclude that storing household guns as locked, unloaded, or separate from the ammunition is associated with significant reductions in the risk of unintentional and self-inflicted firearm injuries and deaths among adolescents and children.

(g) In 47 states, a parent can leave a loaded, unlocked gun on a dining room table or a nightstand and face no legal consequence for leaving that gun within a child's reach.

(h) According to a January 13, 2014, report by Diane Sawyer entitled Kids and Guns: By the Numbers, thirty-one percent (31%) of U.S. households in 2012 had at least one child and one gun in the home.

(i) The American Academy of Pediatrics adds that guns cause twice as many deaths in young people as cancer, five times as many deaths as heart disease, and fifteen times as many deaths as infections.

(j) Several states have taken steps to protect children from tragic gun accidents by requiring guns to be stored in a locked container or disabled with a trigger lock anytime they are not in use.

(k) Massachusetts, California, Minnesota, and the District of Columbia have passed laws criminalizing the act of leaving a gun where a child may access it.

(l) Statistics and research prove that these laws are effective. States that have enacted these laws substantially decreased the number of unintentional child firearm deaths.

(2) Definitions. As used in this Section the following words shall have the meanings ascribed herein:

(a) Adult means any person who is 18 years of age or older.

(b) Child means any person who is younger than 18 years of age.

(c) Firearm means any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosive or burning substance or any device readily convertible to that use.

(d) Range means any public or private facility at which firearms training or practice, or both, is conducted under controlled circumstances intended to encourage the safe handling of firearms and at which procedures or facilities are in place that are intended to prevent the projectiles discharged from the firearms from causing any damage to persons or property.

(3) (a) All firearms kept in a home in which one or more individuals younger than 18 years of age reside or regularly visit shall be kept unloaded and stored in a locked container, except when an authorized user is carrying it on his or her person or has the firearm under his or her immediate control.

(b) All ammunition kept in a home in which one or more individuals younger than 18 years of age reside or regularly visit shall be stored in a separate place from the firearm, except when an authorized user is carrying it on his or her person or has the firearm under his or her immediate control.

(4) It is unlawful for a child intentionally, knowingly, recklessly or with criminal negligence to discharge a firearm within the city.

(5) It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the discharge of a firearm by a child. If an adult intentionally, knowingly, recklessly or with criminal negligence allows a child to obtain unsupervised access to the firearm, such facilitation, sufferance or permission shall be inferred.

(6) It is unlawful for any adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the handling or physical possession of a firearm by a child by allowing the child to obtain unsupervised access to the firearm.

(7) It is a defense to prosecution under subsection (4), (5) or (6) that:

(a) the firearm was handled, possessed or discharged upon a range and under the supervision of an adult; or

(b) the child's access to firearms was obtained as a result of an unlawful entry; or

(8) It is additionally a defense to prosecution under subsection (5) or (6) that the actor had taken reasonable precautions under the attendant circumstances to ensure that a child would not have the ability to obtain access to the firearm without supervision. Such precautions could include, but need not be limited to:

(a) storage of the firearm in a place where, at the time the access was obtained, an unsupervised child would not reasonably have been expected to have been able to gain access; or

(b) storage of the firearm in a locked safe, locked rack, locked hard case, locked soft case, locked drawer, locked cabinet or other locked container; or

(9) Violation of this Section is a Class III offense punishable by incarceration of not more than 30 days and a fine in an amount provided for in Section 1-109 of The Philadelphia Code. To the extent that any conduct in violation of this Section also constitutes a violation of state law, then the conduct shall be punishable under the applicable state law. Violation of this Section by a child shall constitute a delinquent act as defined by the Juvenile Act, 42 Pa. C.S. § 6302 and shall be punishable according to the provisions of Subchapter D of the Juvenile Act, 42 Pa. C.S. §§ 6351-58.

Notes

306	Added, Bill No. 060804 (approved January 23, 2007); amended, Bill No. 160331 (approved June 28, 2016).

§ 10-835. Prohibited Possession, Sale and Transfer of Firearms by Persons Subject to Protection From Abuse Orders.

(1) Prohibitions Relating to Acquiring or Purchasing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), shall acquire or purchase any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order.

(2) Prohibitions Relating to Possessing Firearms. No person who is the subject of an active protection from abuse order, issued pursuant to 23 Pa. C.S. § 6108 (relating to relief), shall possess, use, control, manufacture or obtain a license to possess, use, control or manufacture any firearm during the period of time in which the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order.

(3) Permissible Transfers to Eligible Persons. A person who is prohibited from possessing, using, controlling or manufacturing a firearm under subsection (2) shall have a reasonable period of time, not to exceed 72 hours from the date such protection from abuse order takes effect, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household. All sales and transfers by prohibited persons under this subsection shall be reported to the Police Department within 24 hours of each sale or transfer.

(4) Hearings. Within seventy-two (72) hours after service of a temporary protection from abuse order arising out of an ex parte proceeding conducted pursuant to 23 Pa. C.S. § 6107(b), a person subject to such temporary order shall have the right to petition the Philadelphia Court of Common Pleas for an emergency hearing to challenge the application of this Section to such person. The filing of a petition for an emergency hearing shall act to toll the time limitations imposed under subsection (3).

(5) 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 obtained or possessed firearm by the City of Philadelphia Police Department, said weapon to be melted down or rendered inoperable thereafter.

Notes

307	Added, Bill No. 040132-A (approved May 9, 2007). Section 2 of Bill No. 040132-A provides: "This Ordinance shall become effective upon the enactment of authorizing legislation by the Pennsylvania General Assembly."

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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