Philadelphia

All we need to do is turn on the television, read a newspaper or go online on our computers each day and ask why gun violence is so prevalent on our city streets. Philadelphia, like other major cities in the United States, experiences high gun violence especially in the areas of north Philadelphia, west Philadelphia and southwest Philadelphia. Our police department and criminal justice system along with area hospitals see way too many lives ruined by this senseless violence. So just how are the citizens of Philadelphia, Pennsylvania impacted by our gun laws?

Here is a brief summary of our state's gun laws:

  • To purchase a firearm, you must be at least 18 years of age. You also can never have been convicted of a violent crime, must not be an undocumented immigrant, declared mentally ill by the court, a drug addict or habitual drunkard, a fugitive from justice, have been convicted of three separate DUI charges within a five-year period or are subject to an active protection from abuse order.
  • No firearms are known to be prohibited by state law. Private sales of handguns must go through a licensed dealer, though long guns may be sold privately without the use of a licensed dealer. Licensed dealers must provide locking devices with handguns unless the handgun has a locking device incorporated in its design.
  • In Pennsylvania, there are more than 2,500 federally licensed firearm dealers where one may make a purchase. Individuals interested in purchasing a firearm must first fill out an application with their basic information. Once the application has been completed, the firearms dealer will input the information into the Pennsylvania Instant Check System to check if the individual is legally allowed to own a firearm.
  • Residents in Pennsylvania may also purchase firearms from gun shows and private dealers. When purchasing from a federally licensed dealer, the process remains the same. However, when purchasing a long gun from a private dealer, an individual is exempt from obtaining a background check. Transfers of handguns between spouses, parent and child, grandparent and grandchild or between active law enforcement officers are exempt from the above requirements. Rifles and shotguns may be transferred between unlicensed individuals. Antique firearms are exempt from the requirements regarding transfer of firearms through dealers.
  • In first-class cities, such as Philadelphia, a permit (18 Pa. C.S. Section 6109) is required for both concealed carry, and open carry. When transporting firearms in Pennsylvania without a concealed carry permit, the firearm and ammunition must be in two separate containers within the vehicle. Some laws, such as 18 Pa. C.S. Section 6108, only apply to conduct that occurs within the geographic boundaries of Philadelphia.
  • Individuals in Pennsylvania are permitted to open carry firearms as long as the firearm is in plain view. When concealing a firearm, individuals must obtain a concealed carry permit from the local sheriffs' office. An individual must have a concealed carry permit to carry a loaded firearm in Pennsylvania.
  • To apply for a license to carry in Pennsylvania, individuals must be at least 21 years of age. The application process requires submitting the Pennsylvania License to Carry Firearms application to the sheriff of the county in which they reside. Individuals who are not residents of Pennsylvania but are 21 years of age or older may submit the application for a Pennsylvania License to Carry Firearms to any Pennsylvania County Sheriff's office along with the required fee.

One of the biggest problems in the city of Philadelphia is the illegal gun trade of straw purchasing. A straw purchase occurs when a person who is not prohibited from purchasing a firearm uses or attempts to use his clean identity to pass a background check and purchase a firearm for someone who is prohibited from purchasing a firearm. Pursuant to 18 Pa.C.S. Section 6111(g)(4) it is a third-degree felony under Pennsylvania law to make a straw purchase. As we all know, Pennsylvania is a big provider of illegal weapons to other states. Philadelphia cannot enact their own gun laws.

The most affected by gun violence are teens and young adults, people between the ages of 15 and 24 who live in cities and urban communities, like Philadelphia. Sadly, this affects a large portion of the high-risk, high-crime poor neighborhoods.

According to the Children's Hospital of Philadelphia Research Institute Center for Injury Research and Prevention, here is some troubling realities of the gun violence that plagues our city:

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Pennsylvania-Specific Statistics

According to the CDC, there were 1,485 firearm fatalities in Pennsylvania in 2015.

In 2014 there were 1,217 firearm related injuries in Pennsylvania; almost half of these were in persons under 25 years old. Almost half (532) of all firearm related injuries in Pennsylvania occurred in Philadelphia County. The firearm mortality rate for Pennsylvania is 11.4 per 100,000 people, slightly higher than the national average and higher than any of our neighboring states.

In Pennsylvania, suicide and homicide accounts for over 96 percent of all firearm-related deaths according to data collected from 2009-2013.

Self-injury of Pennsylvanians by firearm is fatal 91 percent of the time, compared to hanging and poisonings which are fatal 79 percent and 3 percent of the time, respectively.

Here is more startling statistics from the Philadelphia Police Department Annual Murder and Shooting Victim Report: 2016 (Dated 07/27/2017).

Homicide Committed by Firearms between 2012 and 2016 are as follows:

2012 – 284
2013 – 201
2014 – 206
2015 – 233 2016 – 230

There is no easy answer to solve the gun violence problem in our city. Many of us have been impacted by gun violence, be it a loved one, friend or coworker. Help others with similar situations by being a good neighbor and friend and mentor a young person. The citizens of Philadelphia can work together to precipitate change through grassroots activism. Communities can work together to prevent further needless loss of life.

Linda Lammendola is a commercial litigation paralegal at White and Williams.