[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 8-20-1992 by Ord. No. 639. Amendments noted where applicable.]
Editor's Note: Former Ch. 53, Firearms and Hunting, was repealed 3-19-1992 by Ord. No. 633.
Due to the density of population within the Township of Whitemarsh and except as provided in §§ 53-2 and 53-3, it is deemed a nuisance and/or danger to discharge firearms, including but not limited to shotguns, rifles, rifles of high power, air rifles, BB guns, pistols and revolvers, within said Township.
Said prohibition shall not apply to target practice conducted at an indoor or outdoor range constructed, maintained and operated in accordance with the latest revised edition of the National Rifle Association Range Manual - A Guide to Planning and Construction, as published by the National Rifle Association of America, Washington, D.C., dated December 1989.
Said prohibition shall not prohibit the use of firearms used in hunting in season of wild game within the Township, when said use is in accordance with the rules, regulations and statutes of the Commonwealth of Pennsylvania.
Any person or persons who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the District Justice in Whitemarsh Township, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Whitemarsh Township, against which the offenses are committed, and upon recovery thereof all such fines and penalties are to be paid into the treasury of the Township. In default of payment of any fine or penalty imposed by any District Justice under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Added 8-25-2016 by Ord. No. 970]
Lost or stolen firearm reporting requirement.
Required conduct. Any person who is the owner of a firearm that is lost or stolen within the Township shall report the loss or theft of the firearm to the Whitemarsh Township Police Department within 72 hours after discovery of the loss or theft of the firearm. Failure to so report a lost or stolen firearm is a violation subject to the penalties set forth under this section.
Definition of "firearm." For purposes of this section, the term "firearm" shall mean any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable. This section shall be deemed automatically amended at any time that the definition of "firearm" provided under 18 Pa.C.S.A. § 6102 is amended after the effective date of this section, and the definition of "firearm" set forth under 18 Pa.C.S.A. § 6102 shall be deemed the definition controlling the enforcement of this section.
Maintenance of administrative record of stolen firearms. The Whitemarsh Township Police Department shall maintain a record of all reports of firearms reported as lost or stolen in accordance with the terms of this section, and shall provide a report of same to the Board of Supervisors on not less than an annual basis.
Penalties for violation. Any person who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 nor less than $300, plus costs and attorneys' fees expended by Whitemarsh Township to prosecute the violation, and in default of payment of said fine, costs and fees, to a term of imprisonment not to exceed 90 days. Each day that a violation of the section continues shall constitute a separate offense, punishable as set forth herein.
Editor's Note: Former § 53-5, Reporting lost or stolen firearms, added 5-27-2010 by Ord. No. 895, was repealed 11-13-2014 by Ord. No. 946.