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:
ยง10-836. 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 officers 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 grounds fo...
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