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Amending Chapter 9-600 of The Philadelphia Code, entitled “Service and Other Businesses, to add a new Section 9-640, entitled “Mandatory Posting of Warning of Unlawful Transfer of Firearm,” to require licensed firearms dealers to post signs warning that purchasing firearms for another is criminally punishable; all under certain terms and conditions.
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WHEREAS, purchasing a firearm for another and falsifying a firearm transfer record is both a state and federal crime;
WHEREAS, clear and concise informational signs at the locations of firearms dealers explaining that purchasing a firearm for another is a crime will help put those who do not know straw purchasing is an offense on notice, and will help reduce the number of firearms purchased for prohibited persons; and
WHEREAS, straw purchased guns are directed into illegal commerce by violent criminals, and are frequently used in violent crimes including homicides, shootings, and aggravated assaults; now, therefore
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 9-600 of the Philadelphia Code is hereby amended to read as follows:
CHAPTER 9-600
SERVICE AND OTHER BUSINESSES
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Section 9-640. Mandatory Posting of Warning of Unlawful Transfer of Firearm.
(1) A “Straw Purchase Warning Sign” is a posting in both English and Spanish containing the following information in black text, in no less than 30-point-sized Helvetica font, or similar-sized and styled typeface, against a fluorescent orange background, stating the following:
Warning! Are you here to buy a gun for someone who can’t buy one?
This is a crime punishable with up to 10 years in prison and a $250,000 fine.
Stop! Think before it’s too late and you become a criminal.
¡Atención! ¿Vino a comprar un arma para alguien que no puede comprarla?
Esto constituye un delito punible con hasta 10 años de prisión y una multa de $250,000.
¡Alto! Recapacite antes de que sea demasiado tarde y pase a ser un delincuente.
(2) Required Posting. All firearms dealers licensed by the City shall post and maintain a Straw Purchase Warning Sign in the following places, at the location designated in a firearms dealer license issued pursuant to 18 Pa. C.S. § 6113(a)(1).
(a) Within 5 feet of the entrance to the premises at a location clearly visible to those entering the establishment;
(b) At or near the location where payment is received for purchases;
(c) At or near the entrance to the firearm range, if applicable; and
(d) At any other place where documents are completed by the purchaser in connection with the purchase.
(3) All Straw Purchaser Warning Signs must be clearly visible to all persons entering the establishment and purchasing a firearm.
(4) The Police Department shall make Straw Purchase Warning Signs available to licensed dealers free of charge.
(5) Notice of Violation.
(a) A licensee who violates the provisions of this Section shall be notified in writing of the nature of the violation, and shall be required to comply with the provisions of this Section within thirty (30) days of such notice.
(b) After the 30-day notice period allowed for compliance has expired, each day that any licensee fails to comply with the requirements of this Section or fails to make the changes set forth in any notice of violation shall constitute a separate violation of this Section.
(6) A violation of this Section shall constitute a Class III Offense subject to a $2,000 fine. A violation of this Section shall not be subject to the provisions of Sections
1-112(3) and (4) or Section 9-105(2)-(4) of this Code.
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Explanation:
Italics indicate new matter added.
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