[1]
Editor's Note: This chapter was originally designated as Title
6, Art. XI, Ch. 1107, but was renumbered in order to maintain the
format of the Code.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
C.
EXTREME RISK PROTECTION ORDER
A court order prohibiting a person from having in the person's
possession or control, purchasing or receiving or attempting to purchase
or receive, a firearm, based upon a finding that the person presents
a risk of suicide or of causing the death of, or serious bodily injury
to, another person through the use of a firearm.
D.
FAMILY OR HOUSEHOLD MEMBER
Spouses or persons who have been spouses, persons living
as spouses or who lived as spouses, parents and children, other persons
related by first-degree consanguinity or affinity, current or former
sexual or intimate partners or persons who share biological parenthood.
E.
FIREARMS DEALER OR DEALER
A person licensed to sell firearms under 18 Pa. C.S. § 6113
(relating to licensing of dealers).
F.
FIREARMS LICENSE OR LICENSE
A concealed carry license issued under 18 Pa. C.S. § 6109
(relating to licenses), safekeeping license issued under 23 Pa. C.S.
§ 6108.3 (relating to relinquishment to third party for
safekeeping), hunting license required under 34 Pa. C.S. § 2701
(relating to license requirements) or any similar license issued pursuant
to the laws of another state.
G.
LAW ENFORCEMENT OFFICER
A City of Pittsburgh Police Officer who is empowered by law to conduct investigations of or to make an arrest for an offense enumerated in this Chapter 699 or an equivalent crime in another jurisdiction and an attorney authorized by law to prosecute or participate in the prosecution of such offense.
H.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or
causes serious, permanent disfigurement or protracted loss or impairment
of the function of a bodily member or organ.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
The following
individuals shall have standing to file a petition requesting that
the court issue an extreme risk protection order or renew an existing
extreme risk protection order:
C.
An extreme
risk protection order is effective at the time of service.
D.
A respondent under this Chapter 699 shall have the right to be represented by counsel. If the respondent cannot afford an attorney and meets the income guidelines applicable to representation by a public defender in a criminal case, the court shall appoint counsel upon the request of the respondent.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
A petition
for an extreme risk protection order shall set forth facts that demonstrate
the risk presented by the respondent's ability to purchase firearms
or have possession or control of firearms, and shall describe the
number, types and locations of any firearms known or believed to be
owned by the respondent or known or believed to be in the respondent's
possession or control.
B.
A petition
for an extreme risk protection order, at the time of the filing, shall
also identify all known restraining orders, orders of protection,
and pending lawsuits, complaints, petitions, or actions pending, active,
or filed within one (1) year prior to the petition for an extreme
risk protection order involving the respondent, including, but not
limited to, an order entered pursuant to 23 Pa. C.S. Ch. 61 (relating
to protection from abuse).
C.
The court may consider all relevant evidence, but in no case shall an order be issued under Section 699.05 (relating to interim extreme risk protection order) or Section 699.09 (relating to order after hearing) absent a demonstration of risk due to behaviors or events occurring in the preceding twenty-four (24) months.
D.
In determining
whether grounds exist to issue an extreme risk protection order, the
court shall consider evidence of the following factors and the recency
of any behaviors or events:
1.
Suicide
threats or attempts.
2.
Threats
or acts of violence or attempted acts of violence.
3.
Domestic
abuse, including any violation of a protection from abuse order, under
23 Pa. C.S. Ch. 61 (relating to protection from abuse) or a similar
law in another state.
4.
Cruelty
to animals under 18 Pa. C.S. Ch. 55 Subch. B (relating to cruelty
to animals) or a similar law in another state.
5.
Abuse
of controlled substances or alcohol, or any criminal offense that
involves controlled substances or alcohol.
6.
Unlawful
or reckless use, display or brandishing of a firearm.
7.
Recent
acquisition or attempted acquisition of a firearm.
8.
The
possession, use or control of a firearm as a part of the respondent's
employment.
9.
Any
additional information the court finds to be reliable, including a
statement by the respondent.
E.
For purposes
of this Section, the term "brandishing" means, with respect to a firearm,
to display all or part of the firearm, or otherwise make the presence
of the firearm known to another person, in order to intimidate that
person, regardless of whether the firearm is directly visible to that
person.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
The court
reviewing a petition shall issue an interim extreme risk protection
order if it finds, by a preponderance of the evidence, that:
1.
The
respondent presents a risk of suicide or of causing the death of,
or serious bodily injury to, another person through the use of a firearm;
and
B.
An interim
extreme risk protection order shall include:
1.
The
date and time the order was issued.
2.
Instructions
for relinquishment of any firearm or firearms license that the respondent
owns or that is in the respondent's possession or control.
3.
Notification
of the penalties for violating the order.
4.
If the
order was issued by a court and a hearing is scheduled under Section
699.05(D), the order shall include:
a.
Notice
of the time, date and location of the hearing;
b.
Notice
of the right to request a continuance, and instructions on requesting
a continuance or waiving the hearing;
c.
Notice
of the fact that, at the hearing, or if the hearing is waived, the
court may extend the order for up to one (1) year; and
C.
An interim
extreme risk protection order issued by a court shall be in effect
until following a hearing it is either vacated or terminated.
D.
If the
court orders an interim extreme risk protection order under Section
699.06(A), the court shall schedule a hearing on the petition to be
held no more than ten (10) days from the date of the order.
E.
The respondent
may request a continuance on a hearing scheduled to take place after
the issuance of an interim order, which the court shall grant. No
hearing shall be continued except with the consent of the respondent.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
Upon reviewing a petition filed under Section 699.04 (relating to petition for extreme risk protection order), the court may issue an order for a hearing on the petition, which shall be scheduled to be held no more than ten (10) days from the date of the petition.
B.
If the hearing is scheduled to take place fewer than three (3) business days after service of the order, the court shall grant a continuance until at least three (3) business days after service, if requested by the respondent. The court shall notify the respondent of the respondent's right to a continuance under this Section 699.06.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
The court
issuing an extreme risk protection order, an order for a hearing,
or an order renewing, vacating or terminating an extreme risk protection
order shall cause a copy of the order to be delivered to the sheriff,
the local law enforcement agency and the Pennsylvania State Police.
B.
Upon receipt
of an extreme risk protection order or an order renewing, vacating
or terminating an extreme risk protection order, the City of Pittsburgh
Bureau of Police shall advise the Pennsylvania State Police and request
or cause the Pennsylvania State Police to enter the order into the
appropriate database so that notice of the order is provided through
the Pennsylvania Instant Check System and the Federal Bureau of Investigation
National Instant Criminal Background Check System.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
Service
of an extreme risk protection order or an order for a hearing shall
be made in person by the sheriff or a Law Enforcement Officer, as
directed by the court issuing the order. At the time of service, the
sheriff or Law Enforcement Officer shall provide the respondent with
a copy of the petition.
B.
Immediately
upon completion of service of an extreme risk protection order, the
sheriff or Law Enforcement Officer completing service shall make a
return of service to the court and shall provide a copy of the return
of service to the petitioner.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
The court shall issue an extreme risk protection order after conducting a hearing ordered under Section 699.05 (relating to interim extreme risk protection order) or Section 699.06 (relating to hearing on petition), or after the respondent waives the right to a hearing under Section 699.05, if the court finds by clear and convincing evidence that the respondent presents a risk of suicide or of causing the death of, or serious bodily injury to, another person through the use of a firearm.
B.
An extreme
risk protection order issued after a hearing shall be made effective
for no less than three (3) months nor more than one (1) year.
C.
The order
shall include:
1.
The
date and time the order was issued.
2.
The
time frame and manner in which the respondent may request a termination
hearing.
3.
Instructions
for relinquishment of any firearm that the respondent owns or that
is in the respondent's possession or control, and any firearms license
that is issued to the respondent.
4.
Notification
of the penalties for violating the order.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
A respondent
subject to an extreme risk protection order may submit one (1) written
request at any time during the effective period of the order for a
hearing to determine whether the order should be terminated.
B.
Upon receipt
of a request for a termination hearing, the court shall set a date
for the hearing and shall provide notice of the hearing to the petitioner,
the City of Pittsburgh Bureau of Police or other appropriate local
law enforcement agency and the Pennsylvania State Police.
C.
At a termination
hearing, the respondent seeking termination of the order shall have
the burden of proving, by clear and convincing evidence, that the
respondent does not present a risk of suicide or of causing the death
of, or serious bodily injury to, another person through the use of
a firearm.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
A petition
to renew an extreme risk protection order shall set forth facts that
support a renewal of the order. The court may deny the petition based
on the information set forth in the petition or may schedule a hearing.
The court shall provide notice of the hearing to the petitioner, the
respondent, the local law enforcement agency and the Pennsylvania
State Police.
B.
If the court finds by clear and convincing evidence, based on factors set forth under Section 699.04 (relating to petition for extreme risk protection order), that the respondent continues to present a risk of suicide or of causing the death of, or serious bodily injury to, another person through the use of a firearm, the court may renew the extreme risk protection order for a duration of no fewer than three (3) months and no more than one (1) year from the date of the order.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
An extreme risk protection order issued under Section 699.05 (relating to interim extreme risk protection order) or Section 699.09 (relating to order after hearing) shall require the relinquishment of all firearms owned by the respondent or in the respondent's possession or control within twenty-four (24) hours following service of the order, except for cause shown, in which case the court issuing the order shall specify the time for relinquishment of any or all of the respondent's firearms.
B.
A law
enforcement officer or sheriff serving an extreme risk protection
order shall request that all firearms and any firearms license in
the respondent's possession or control be immediately relinquished
into the custody of the law enforcement officer or sheriff. A law
enforcement officer taking custody of a firearm or firearms license
under Section 699.12(B) shall transfer the firearm or firearms license
to the sheriff or to a firearms dealer for safekeeping.
C.
A respondent
shall, within the time frame specified in the order, relinquish to
the sheriff or a firearms dealer any firearm or license remaining
in the respondent's possession or control after the time of service.
A respondent relinquishing a firearm directly to a dealer shall, within
the time frame specified in the order, provide to the law enforcement
agency or sheriff a copy of the affidavit described in Section 699.12(F)
in lieu of the firearm listed in the affidavit. A sheriff accepting
an affidavit in lieu of a firearm shall file a copy with the court.
D.
A sheriff
or Law Enforcement Officer taking custody of a firearm or license
from a respondent shall provide the respondent with a copy of a signed
and dated receipt. The receipt shall include a detailed description
indicating the serial number and condition of each firearm and notification
that firearms will be deemed abandoned when the conditions under 18
Pa. C.S. § 6128(a) (relating to abandonment of firearm,
weapon or ammunition) are satisfied, and may then be disposed of in
accordance with 18 Pa. C.S. § 6128. The sheriff or Law Enforcement
Officer issuing the receipt shall file the original with the court.
1.
In addition,
the appropriate law enforcement agency shall be liable to the lawful
owner of said confiscated, seized or relinquished firearm for any
loss, damage or substantial decrease in value of said firearm that
is a direct result of a lack of reasonable care by the appropriate
law enforcement agency.
E.
A respondent
whose firearm is in the custody of a sheriff may request that the
firearm be transferred to a firearms dealer for consignment sale,
lawful transfer or safekeeping. Upon receiving the request, the sheriff
shall transport the firearm to a dealer at no cost to the respondent
or the dealer.
F.
A firearms dealer accepting custody of a firearm under this Chapter 699 shall provide the respondent, sheriff or Law Enforcement Officer from which the dealer accepts custody with an affidavit. A sheriff or Law Enforcement Officer delivering custody of a firearm to a dealer shall file a copy of the affidavit with the court.
G.
The affidavit
shall include the following:
1.
The
caption of the case in which the extreme risk protection order was
issued.
2.
The
name, address, date of birth and Social Security number of the respondent.
3.
A list
of all firearms relinquished to the dealer and a detailed description
of each firearm, including its condition and, if applicable, the manufacturer,
model and serial number.
4.
The
name and license number of the dealer and the address of the licensed
premises.
5.
An acknowledgment
that the dealer will not return a firearm to the respondent while
the respondent is subject to an extreme risk protection order.
6.
An acknowledgment
that the firearm, if sold or transferred, will be sold or transferred
in compliance with 18 Pa. C.S. Ch. 61 (relating to firearms and other
dangerous articles), and that no firearm will be returned to a respondent
or any third party until the dealer has independently confirmed that
the person requesting return of the firearm is legally eligible to
possess firearms under federal and state law.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
Subject
to Section 699.13(C), if, following a hearing, a court vacates an
interim extreme risk protection order, the court shall order the immediate
return of all relinquished firearms and licenses to the respondent.
Upon termination or expiration of an extreme risk protection order,
the respondent may request that the sheriff or firearms dealer in
possession of a relinquished firearm or license return the firearm
or license. Subject to Section 699.13(C), the sheriff or dealer shall
return the firearm or license to the respondent as soon as possible
but not later than the end of the next business day after the day
on which the respondent makes the request.
B.
A third
party may request the return of a relinquished firearm at any time
by providing proof of ownership and a sworn affidavit. Proof of ownership
may consist of a statement in the affidavit. The affidavit shall affirm
the following:
1.
The
third party will not intentionally or knowingly return a firearm to
a person subject to an extreme risk protection order nor intentionally
or knowingly allow a person subject to an extreme risk protection
order to have access to a firearm.
2.
The
third party understands that intentionally or knowingly allowing a
person subject to an extreme risk protection order to have access
to a firearm constitutes a violation of Section 699.16(C) of this
Chapter, resulting in a fine of up to one thousand dollars ($1,000.00)
and costs for each offense.
3.
If the
third party is a member of the household of a person who is subject
to an extreme risk protection order, that any firearm returned to
the third party will be stored either in a gun safe to which the person
does not have and will not be permitted to access, or in a location
outside the home to which the person does not have access.
C.
Prior
to returning a firearm to any person, the sheriff or firearms dealer
in possession of the firearm shall independently confirm that the
person requesting return of the firearm is legally eligible to possess
firearms under federal and state law. The sheriff or dealer receiving
a request under Section 699.13(A) shall conduct the required background
check as soon as possible, but not later than the end of the next
business day after the day on which the respondent makes the request.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
A person
who files a petition for an extreme risk protection order knowing
the information in the petition to be materially false, or with the
intent to harass another, shall be fined one thousand dollars ($1,000.00)
and costs for each offense.
B.
A person
determined to have violated Section 699.14(A) or determined by the
court to have acted in bad faith for the purpose of harassing the
respondent shall be ordered to pay full restitution to the respondent.
For purposes of this Section 699.14(B), restitution shall include,
but not be limited to, reasonable attorney fees, costs of storage
and other expenses incurred by the respondent as a result of the false
reporting or false swearing.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
A person who is the subject of an extreme risk protection order issued pursuant to Section 699.05 (relating to interim extreme risk protection order) or Section 699.09 (relating to order after hearing), if he intentionally or knowingly fails to relinquish a firearm or firearms license as required by the order, shall be fined up to one thousand dollars ($1,000.00) and costs for each offense.
B.
A person who intentionally or knowingly accepts possession of a firearm from a person he knows is the subject of an extreme risk protection order issued pursuant to Section 699.05 (relating to interim extreme risk protection order) or Section 699.09 (relating to order after hearing) shall be fined up to one thousand dollars ($1,000.00) and costs for each offense.
1.
Section 699.16(B) shall not apply to a firearms dealer or subsequent purchaser from a firearms dealer who accepts possession of a firearm pursuant to this Chapter 699.
2.
It shall
be an affirmative defense to any prosecution under Section 699.16(B)
that the person accepting possession of a firearm in violation of
Section 699.16(B):
C.
A person who has accepted possession of a firearm or firearms license pursuant to this Chapter 699, if he intentionally or knowingly returns a firearm or firearms license to a respondent or intentionally or knowingly allows a respondent to have access to the firearm or firearms license prior to the expiration of an extreme risk protection order or the issuance of a court order that vacates or terminates an extreme risk protection order under this Chapter 699, shall be fined up to one thousand dollars ($1,000.00) and costs for each offense.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
This Chapter
shall take effect one hundred eighty (180) days after its enactment.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
Severability
is intended throughout and within the provisions of this Article XI:
Weapons. If any section, subsection, sentence, clause, phrase, or
portion of this Article XI: Weapons is held to be invalid or unconstitutional
by a court of competent jurisdiction, then that decision shall not
affect the validity of the remaining portions of this Chapter or this
Article XI: Weapons, nor shall any finding that this Chapter or any
portion thereof is invalid or unconstitutional affect the validity
of any other chapter that is a part of this Article XI: Weapons.
[Ord. No. 16-2019, § 2,
eff. 4-9-2019]
A.
For the
purposes of this Chapter, the City Council does hereby find that:
1.
The
first duty of the governments of the City of Pittsburgh and the Commonwealth
of Pennsylvania is to protect their people; and
2.
Gun
violence and gun suicides present a public health and public safety
crisis in the United States; and
3.
From
2013 to 2017, the Centers for Disease Control and Prevention reported
that the average number of firearm deaths for all ages was thirty-six
thousand three hundred eighty-three (36,383) per year, and the average
number of firearm deaths for persons under eighteen (18) years old
was one thousand four hundred ninety-nine (1,499) per year; and
4.
From
2013 to 2017, seven thousand five hundred seventeen (7,517) Pennsylvania
residents died from a firearm injury, including three hundred one
(301) children under the age of eighteen (18); and
5.
From
2013 to 2017, a child or teen under the age of eighteen (18) was killed
by gunfire in Pennsylvania every six (6) days, on average; and
6.
Law
enforcement agencies in Pittsburgh and Allegheny County have partnered
with the National Shooting Sports Foundation to distribute free gun
locks to Pittsburgh residents through Project ChildSafe; and
7.
A February
2018 Politico/Morning Consult poll found that seventy-six (76) percent
of registered voters across America supported requiring that all gun
owners store their guns in a safe storage unit; and
8.
Every
year in the United States, on average, more than two hundred fifty
(250) children under eighteen (18) gain access to a gun and unintentionally
shoot themselves or someone else, and nearly six hundred (600) more
die by suicide performed with a gun; and
9.
Storing
household guns locked, unloaded, or separate from the ammunition is
associated with reductions in the risk of self-inflicted shootings
among, and unintentional shootings by, children and teenagers; and
10.
An
estimated 4.6 million American children and teens under eighteen (18)
still live in homes with at least one (1) gun that is loaded and unlocked
despite the lifesaving effect that responsible gun storage can have;
and
11.
Available
evidence, as compiled by the RAND Corporation, indicates that child
access prevention laws or safe storage laws reduce self-inflicted
fatal or nonfatal firearm injuries among youth and reduce unintentional
firearm injuries or unintentional firearm deaths among children; and
12.
Over
twenty-two thousand (22,000) Americans every year, including over
one thousand (1,000) children and teens, die by firearm suicide; and
13.
A
meta-analysis of fourteen (14) different scientific studies concluded
that access to a firearm triples the risk of death by suicide of anyone
in the household; and
14.
Among
commonly used methods of self-harm, firearms are by far the most lethal,
with a fatality rate of approximately eighty-five (85) percent, compared
to less than five (5) percent with other methods, such that while
firearms are used in less than six (6) percent of suicide attempts,
over half of suicide deaths result from suicide attempts performed
with firearms; and
15.
Extreme
risk protection order laws have been shown to help prevent firearm
suicides, as shown by the empirical evidence of reduced suicide rates
under Connecticut's and Indiana's laws; and
16.
Extreme
risk protection order laws can also prevent gun crimes, as an analysis
of mass shootings from 2009 to 2017 revealed that in 51 percent of
incidents the shooter exhibited warning signs that he posed a danger
to himself or others before the shooting; and
17.
The
City Council recognizes that 18 Pa. C.S. § 6120(a) and 53
Pa. C.S. § 2962(g) restrict municipal regulation of ownership,
possession, transfer, and transportation of firearms, and, as to 18
Pa. C.S. § 6120, Ammunition, and Ammunition components;
and
18.
The
City Council also recognizes its responsibility to respect governing
law, and thus may not impose a prohibition on ownership, possession,
transfer, or transportation of firearms, and, as to 18 Pa. C.S. § 6120,
ammunition, and ammunition components unless and until governing law
allows it to become effective; and
19.
Senate
Bill No. 90, a proposed statewide Extreme Risk Protection Order law
dated February 14, 2019, was introduced to the General Assembly of
Pennsylvania in the Session of 2019 by a bipartisan group of legislators;
and
20.
The
City Council calls upon the Pennsylvania General Assembly to protect
all Pennsylvanians by enacting Senate Bill No. 90; and
21.
The
United States Supreme Court has recognized that the right protected
by the Second Amendment is not absolute. The Pennsylvania Supreme
Court has recognized likewise with regard to Article I, section 21
of the Pennsylvania Constitution; and
22.
The
City Council has authority to legislate regarding the use of firearms,
as distinguished from their ownership, possession, transfer, or transportation,
in order to protect members of the public.
