Borough of Fox Chapel, PA Chapter 181 Firearms

[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel 12-20-1993 by Ord. No. 548 (Ch. 6, Part 8, of the 1978 Code of Ordinances). Amendments noted where applicable.]

§ 181-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Fox Chapel.

FIREARM

Any rifle, shotgun, bow and arrow, crossbow, revolver, pistol, gun, airgun or air rifle, or any similar weapon or combination thereof.

RANGE

A place for shooting firearms at inanimate targets.

§ 181-2 Restriction.

The shooting or discharge of firearms is prohibited in the Borough, except in strict conformity with the provisions of this chapter.

§ 181-3 Exceptions.

This chapter shall not apply to:

A. Duly appointed law enforcement officers of the Borough or other governmental agencies in the performance of their official duties in the Borough;

B. Persons using firearms on a lawfully licensed and operated target, skeet or trap range;

C. Persons lawfully engaged in hunting under the Pennsylvania Game Code, where, if hunting on the property of another person, the hunter has obtained the written permission of the owner and has such permission in his possession; and

D. Persons engaged in the necessary defense of person or property where such person has a Commonwealth of Pennsylvania permit for possessing and carrying such firearm or is exempt from such permit regulations by reason of carrying and possessing the firearm in his or her place of abode.

§ 181-4 Target, skeet and trap ranges.

A. Any person or persons desiring to construct or operate a target, skeet or trap range within the Borough shall apply to the Borough, in writing, for a permit, submitting with the written application a complete plan, showing in detail the proposed target, skeet or trap range, together with details as to adequate and proper safety measures.

B. When the Borough determines that a proposed range is safe for persons using it and for the neighboring area, the Borough Manager or his designee shall issue a permit for the construction and operation thereof, which approval may include restrictions as to days and hours for use. The safety determination shall be made considering factors which shall include: types of firearms to be used; distance that such firearms project ammunition; distance between the range and other property lines, buildings, structures or places where persons can be expected to be; and use of barriers which would stop projected ammunition. Such range shall not commence operation until the range has been inspected by the Borough Manager or his designee. The permit shall be prominently posted during the operation of any range. No person shall use any range unless a permit is posted approving the range.

C. Ranges existing on the date of enactment of this chapter shall be exempt from the license requirements of this § 181-4 and shall be entitled to rely on the exception contained in § 181-3B hereof; provided, however, that this Subsection C shall apply only:

(1) To ranges which register with the Borough within 60 days of the date of enactment of this chapter on a form provided by the Borough; and

(2) To the extent of use of a range on the date of enactment.

§ 181-5 Landowner registration.

A. The shooting of guns (including pistols, revolvers, rifles, muzzle loaders and shotguns) creates a disturbance such that the police are invariably called to investigate. In order that such a call can, if possible, be answered without the absolute requirement of a site visit by a patrol car, and to support police investigations of such shootings, the restrictions in Subsection B are hereby imposed.

B. All landowners or occupiers of land in the Borough who know that a gun will or may be discharged on such landowners' or occupiers' property will register with the Borough Police Department at least 24 hours in advance of such discharge. This requirement will apply to landowners or occupiers who are hunting or who allow others to hunt on their property, but will not apply to owners or occupiers of licensed ranges or ranges exempt from licensing under § 181-4 hereof.

§ 181-6 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Allegheny County correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Allegheny County.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).