Title
January 25, 2005
To the President and the Members of
The Council of the City of Philadelphia:
I am returning herewith without my signature Bill 040113-AA, entitled "An Ordinance Amending Chapter 10-800 of the Philadelphia Code, entitled "Safety" by adding a new Section 10-832 entitled "Firearms Tracing" to require that the City of Philadelphia Police Department conduct traces of firearms illegally possessed by anyone under 21 years of age; all under certain terms and conditions."
Bill 040113-AA is admirable in its purpose of seeking to reduce the scourges of too many guns on our streets and too much resulting violence. However, the bill has two independent legal problems that prevent me from signing it. Nonetheless, there is nothing in this correspondence which precludes the Police Department from voluntarily embarking on a firearm tracing program as set forth in the bill. In fact, the Police Department currently performs firearm traces where appropriate on illegally possessed weapons, and I am directing the Managing Director and Police Commissioner to continue that tracing policy as often as is reasonable and necessary.
The first problem with Bill 040113-AA is that the title of the bill legally deficient. As introduced, the bill only required the Police Department to determine the source of any illegal firearms recovered from persons under 21 years of age. The bill was amended on the floor, however, to expand the ordinance substantially, by requiring the Police Department to determine the source of any illegal firearm recovered from anyone, regardless of age. I do not believe this more expansive scope of the bill can fairly be said to have been adequately noticed in the title.
The Home Rule Charter provides that "[e]very ordinance, except annual budget ordinances and general codifications and revisions of City ordinances, shall contain not more than one subject which shall be clearly and adequately expr...
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