City of Philadelphia - File #: 040312

• File #: 040312
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 3/25/2004
• In control: Committee on Public Safety
• Final action: 5/3/2007
• Title: Amending Chapter 10-800 of the Philadelphia Code, entitled "Safety," by adding a new section entitled "Temporary Removal of Firearms of Persons Posing A Risk Of Imminent Personal Injury To Self or Others."
• Sponsors: Councilmember Miller, Councilmember Clarke
• Indexes: FIREARMS, WEAPONS
• Code sections: 10-800 - Safety, 10-836 - Temporary Removal of Firearms of Persons Posing A Risk of Imminent Personal Injury to Self or Others

Date	Ver.	Action By	Action	Result	Tally
5/9/2007	0	MAYOR	SIGNED
5/3/2007	0	CITY COUNCIL	READ
5/3/2007	0	CITY COUNCIL	PASSED	Pass	17:0
4/15/2004	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
4/15/2004	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
4/15/2004	0	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
4/15/2004	0	CITY COUNCIL	READ
4/6/2004	0	Committee on Public Safety	HEARING NOTICES SENT
4/6/2004	0	Committee on Public Safety	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
4/6/2004	0	Committee on Public Safety	HEARING HELD
3/25/2004	0	CITY COUNCIL	Referred
3/25/2004	0	CITY COUNCIL	Introduced	Pass

Title
Amending Chapter 10-800 of the Philadelphia Code, entitled "Safety," by adding a new section entitled "Temporary Removal of Firearms of Persons Posing A Risk Of Imminent Personal Injury To Self or Others."
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 10-800 of the Philadelphia Code, entitled "Safety," is amended by adding a new section 10-836 to read as follows:

§10-836. Temporary Removal of Firearms of Persons Posing A Risk Of Imminent Personal Injury To Self or Others.
(a) Upon complaint on oath by any Attorney for the Commonwealth or assistant Attorney for the Commonwealth or by any two police officers, to any judge of the Court of Common Pleas or an appellate court justice or judge, that such Attorney for the Commonwealth or police officers have probable cause to believe that:
(.1) a person poses a risk of imminent personal injury to himself or herself or other individuals,
(.2) such person possesses one or more firearms, and
(.3) such firearm or firearms are within or upon any place, thing or person located within the City of Philadelphia,
such judge may issue a warrant commanding a proper officer to enter into or upon such place or thing, search the same or person and take into such officer's custody any and all firearms. Such commonwealth's attorney or police officers shall not make such complaint unless such commonwealth's attorney or police office have conducted an independent investigation and have determined that such probable cause exists and that there is not a reasonable alternative available to prevent such person from causing imminent personal injury to himself or herself or to others with such firearm.
(b) A warrant may be issued only on affidavit sworn by the complainant or complainants before the judge and establishing the grounds for issue the warrant, which affidavit shall be part of the temporary removal file. In determining whether good groun...