[HISTORY: Adopted by the Council of the Borough
of West Chester 3-11-1953. Section 109-4 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
It shall be unlawful, and it is hereby prohibited,
for any person, persons, firm or corporation to store, sell, offer
or expose for sale, at retail, or have in his or its possession with
intent to sell, at retail, or have in his or its possession on any
public street, alley, place, yard or lot within the limits of the
Borough of West Chester, any air rifle or air pistol, commonly known
as a "BB gun," slingshot or any similar device. A "sale at retail"
shall mean any sale of less than one (1) dozen of such articles, or
any sale to anyone who is not a bona fide dealer therein.
The Chief of Police of the Borough of West Chester,
or any member of the Police Department of the borough, is hereby authorized
to seize, remove and destroy any air rifle or air pistol, commonly
known as a "BB gun," slingshot or similar device, which is held and
possessed within the Borough of West Chester in violation of this
chapter.
The provisions of this chapter shall not apply
to such offenses as can be prosecuted under the provisions of any
state law, nor shall they apply to guns or pistols having rifled barrels
and being commonly used for target practice and the shooting of small
game. For the purposes of this chapter, such articles shall be deemed
to be a deadly weapon and subject to the laws of the Commonwealth
of Pennsylvania with respect to the sale and use thereof.
[Amended 6-13-1973; 5-10-1989 by Ord. No. 11-1989]
Any person who shall be convicted of a violation
of any of the provisions of this chapter before any District Justice
shall be sentenced to pay a fine of not more than one thousand dollars
($1,000.), together with costs of prosecution, or to imprisonment
in the county jail for a term not to exceed thirty (30) days, or both.
