Magazine (Round number) limit in Philly?

[dgreene]

Just had a customer come in and tell me he thought there was an 8 round limit in Phila. Was just curious being that I carry and my compact XDM has a 13+1 compact mag, my extra is extended holds 19. I wasn't aware that there was a limit in Pennsylvania, and therefore there is legally no limit in Philadelphia. If anyone knows differently I'd like to know it too!

[BimmerJon]

No limit in PA by law

He's wrong

[tl_3237]

Philadelphia Code § 10-821b. specifies magazines > 16 rounds as contraband with possession penalties similar to a summary offense ($300/90days).

Whether magazine limits are preempted by Commonwealth statute (18 Pa CS 6120) is an interesting question since magazines are a firearm accessory and not a firearm or ammunition itself.

If anyone is aware of case law - please share.

[mythaeus]

Philadelphia Code § 10-821b. specifies magazines > 16 rounds as contraband with possession penalties similar to a summary offense ($300/90days).

Whether magazine limits are preempted by Commonwealth statute (18 Pa CS 6120) is an interesting question since magazines are a firearm accessory and not a firearm or ammunition itself.

If anyone is aware of case law - please share.

That particular Philly ordinance was struck down:
http://whyy.org/cms/news/government-...-for-now/39934

There are no mag capacity restrictions in Philadelphia, just like the rest of PA.

Al

[tl_3237]

That particular Philly ordinance was struck down:
http://whyy.org/cms/news/government-...-for-now/39934

There are no mag capacity restrictions in Philadelphia, just like the rest of PA.

Al

Thanks Al.

It would seem that the Commonwealth Court did enjoin enforcement of the entire "Assault Weapons Ordinance) (Bill 080033) in 2009 which included the 10-821b cited previously. Interestingly the issue of magazines did not appear to be raised but there was no severability clause and hence the entire ordinance, including the magazine reference, is stricken.

[darkhunter]

can you guys tell me what the other 3 ordinances are they werent struck down

thanks

[dgreene]

Thanks guys. I was pretty sure I was OK.

As far as the magazine being an accessory, being that it came with and is an integral part of it's mechanism I would dispute that. The 19 round came with it as well. One of the reasons I got this particular gun was round count. Having 14 with a compact handgun is a plus in my book. The extended 19 round mag is the standard mag for the non compact version of the same pistol which is a Springfield XDM 3.8 9mm compact, it just has a sleeve that extends the grip to that of a full size.

[mythaeus]

Thanks Al.

It would seem that the Commonwealth Court did enjoin enforcement of the entire "Assault Weapons Ordinance) (Bill 080033) in 2009 which included the 10-821b cited previously. Interestingly the issue of magazines did not appear to be raised but there was no severability clause and hence the entire ordinance, including the magazine reference, is stricken.

Yup, that seems to be what happened.

can you guys tell me what the other 3 ordinances are they werent struck down

thanks

2nd paragraph here: http://www.jspan.org/news/pa-high-co...elphia-gun-law

Al

[TheTsieck]

I've had police officers tell me it was 10, I politely told him he was wrong.

[Esquared]

I've had police officers tell me it was 10, I politely told him he was wrong.

I have received all kinds of misinformation, high five to you though friend for staying polite. From my experience that is more than half the battle.