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File #: 190605    Version: 0 Name:
Type: Bill Status: LAPSED
File created: 6/20/2019 In control: Committee on Public Safety
On agenda: Final action:
Title: Amending Section 10-836a of The Philadelphia Code, entitled "Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self or Others," to add provisions for any two concerned citizens to make application to the courts for the temporary removal of firearms from persons at risk for suicide or posing a risk of substantial harm to others; all under certain terms and conditions.
Sponsors: Council President Clarke, Councilmember Jones
Indexes: FIREARMS, TEMPORARY REMOVAL OF FIREARMS OF PERSONS POSING A RISK OF IMMINENT PERSONAL INJURY TO SELF OR OTHERS
Code sections: 10-836a - Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self of Others
Attachments: 1. Bill No. 19060500.pdf
Title
Amending Section 10-836a of The Philadelphia Code, entitled "Temporary Removal of Firearms of Persons Posing a Risk of Imminent Personal Injury to Self or Others," to add provisions for any two concerned citizens to make application to the courts for the temporary removal of firearms from persons at risk for suicide or posing a risk of substantial harm to others; all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
? 10-836a. 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, or by any two adult individuals with actual knowledge of facts and circumstances of the matter 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, or two adult individuals 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, or adult individuals shall not make such complaint unless such commonwealth's attorney or police officers, or adult individuals 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 ...

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