(1) Legislative Findings.

(a) Under the laws of this Commonwealth, personal possession of weapons that have common lawful uses such as personal defense, hunting and other sporting uses, is permitted. 18 P.S. 6101, et seq. However, possession of a variety of specified weapons and devices that have no ordinary defensive or sporting use is deemed to be a misdemeanor of the first degree 18 Pa. C.S.A. 908(a). In addition, Pennsylvania outlaws all weapons and devices that in general "have no common lawful purpose." Id.

(b) The Council finds that the use of offensive weapons as implements of serious crime in Philadelphia represents an increasing danger to the lives and safety of all the residents thereof. In particular, certain paramilitary assault weapons have become the weapons of choice of those engaged in drug trafficking and other enterprises of organized crime. The threat to the lives of Philadelphia police officers has become particularly acute as a result of this recent trend.

(c) The Council finds that it would be useful for law enforcement purposes to supplement the prohibitions of Pennsylvania laws regarding offensive weapons by making possession, manufacture, transfer, delivery, sale and use of such weapons a violation of The Philadelphia Code, subject to certain exceptions. In so doing the Council finds that it will be useful to specifically include within the ban a variety of weapons and devices not yet expressly listed as offensive weapons under the Pennsylvania statute, though implicitly prohibited thereunder as having "no common lawful purpose." This list should include, but not be limited to, paramilitary assault weapons, and the ammunition and accessories for such weapons, as well as a variety of other devices that have created special problems for local law enforcement in recent years.

(2) Definitions.

(a) Assault Weapons. All semi-automatic weapons, or weapon parts, designated as assault weapons herein. Such term shall include all versions of the following, including weapons sold under the designation provided in this subsection and weapons which are determined by the Philadelphia Police Commissioner by regulation to be substantially similar in function and design to such weapons sold under any designation:

(.1) Algimec AGM 1 type;

(.2) any shotgun with a revolving cylinder such as the "Street Sweeper" or "Striker 12";

(.3) Armalite AR-180 type;

(.4) Australian Automatic Arms SAR;

(.5) Avtomat Kalashnikov type semi-automatic weapons;

(.6) Beretta AR-70 and BM59 semi-automatic weapons;

(.7) Bushmaster Assault Rifle;

(.8) Calico M-900 Assault carbine and M-900;

(.9) CETME G3;

(.10) Chartered Industries of Singapore SR-88 type;

(.11) Colt AR-15 and CAR-15 series;

(.12) Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types;

(.13) Demro TAC-1 carbine type

(.14) Encom MP-9 and MP-45 carbine types;

(.15) FAMAS MAS 223 types;

(.16) FN-FAL, FN-LAR, or FN-FNC type semi-automatic weapons;

(.17) Franchi SPAS 12 and LAW 12 shotguns;

(.18) G3SA type;

(.19) Galil type;

(.20) Heckler and Koch HK91, HK93, HK94, MP5, PSG-1;

(.21) Intratec TEC 9 and 22 semi-automatic weapons;

(.22) M1 carbine type;

(.23) M14S type;

(.24) MAC 10, MAC 11, MAC 11-99mm carbine type weapons;

(.25) PJK M-68 carbine type;

(.26) Plainfield Machine Company Carbine;

(.27) Ruger K-Mini-14/5F and Mini-14/5RF;

(.28) SIG AMT, SIG 550SP, SIG551SP, SIGPE-57 types;

(.29) SKS with detachable magazine type;

(.30) Spectre Auto carbine type;

(.31) Springfield Armory BM59 and SAR-48 type;

(.32) Steyr A.U.G. semi-automatic type shotgun;

(.33) Uzi type semi-automatic weapons;

(.34) USAS 12 semi-automatic type shotgun;

(.35) Valmet M62, M71S, M76, or M78 type semi-automatic weapons;

(.36) Weaver Arm Nighthawk;

(.37) A semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock;

(.38) A semi-automatic weapon with a magazine capacity exceeding ten (10) rounds;

(.39) A part or combination of parts designed or intended to convert a weapon into an assault weapon, or any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.

(b) Contraband Weapons, Accessories and/or Ammunition. Any assault weapon, bazooka, recoilless rifle, grenade, rifle grenade launcher, anti-tank gun, flame-thrower, rocket, mortar, bomb, mine, booby trap, large capacity magazine, large capacity ammunition belt, weapon silencer, expanding type conical bullet available in handgun chamberings, or other weapon, device, accessory or ammunition, designed or intended to cause injury or death to persons or damage to property for which no common lawful purpose exists, any item defined as an "offensive weapon" under the Act of December 6, 1972, P.L. 1482, No. 334, sec. 1, as amended, 18 Pa. C.S.A. 908(c) or any other military style weapon from which a projectile, harmful fluid or gas may be propelled.

(c) Weapon Silencer. Any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver pistol or other weapon to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other weapon.

(d) Inoperable. The alteration of an assault weapon, or its ammunition, in such a manner that it cannot be fired and that the owner or possessor of the weapon does not possess or have control over the parts necessary to make the weapon operable.

(e) Large Capacity Magazine. Any box, drum or other container which holds more than ten (10) rounds of ammunition to be fed continuously and directly therefrom into a semi-automatic weapon, or a magazine which can be readily converted into such a device.

(f) Large Capacity Ammunition Belt. A belt or strip which holds more than ten (10) rounds of ammunition to be fed continuously into a semi-automatic weapon, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.

(g) Pistol Grip. A well-defined handle, similar to that found on a handgun, that protrudes conspicuously beneath the action of the weapon, and which permits the shotgun to be held and fired with one hand.

(h) Semi-Automatic. A weapon which fires a single projectile for each single pull of the trigger and its self-reloading or automatically chambers a round, cartridge, or bullet without additional slide, bolt or other manual action.

(3) Prohibited Conduct. No person shall own, use, possess or transfer any contraband weapon, accessory or ammunition; provided however, that any person who, prior to the effective date of ordinance No. 508, 1993 was legally in possession of a weapon or device prohibited by this section shall have thirty (30) days from the effective date of Ordinance No. 508 (1993) to do any of the following without being subject to prosecution hereunder;

(a) remove said contraband weapon, accessory and/or ammunition from within the City limits of Philadelphia; or

(b) modify said contraband weapon, accessory and/or ammunition to either render it permanently inoperable or to permanently make it a device no longer defined as contraband under this section; or

(c) surrender it to the Police Department.

(4) Exceptions.

(a) This section shall not apply to:

(.i) employees of the Philadelphia Police Department, and the Philadelphia Sheriff's Department when conduct otherwise prohibited by this section is authorized by rules promulgated by such Department.

(b) The Police Department shall, by regulation, specify procedures whereby persons permitted to own, possess, transfer, deliver, or manufacture contraband weapons, accessories and/or ammunition notwithstanding the provisions of this section may obtain certification of such exempt status, upon proving the basis of their exemption, and upon payment of a reasonable fee set by the Department to defray the cost of such certification process.

(5) Any person violating any provision of this section shall be subject to a fine of not more than three hundred (300) dollars and to imprisonment for not more than ninety (90) days or both. Prosecution under this section shall be subject to the defenses and exemptions set forth in 18 Pa. C.S.A. 908(b), as amended.