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PA Bulletin, Doc. No. 09-613

THE COURTS

Title 255--LOCAL
COURT RULES

DELAWARE COUNTY

Return of Weapons and Ammunition 208.3(c); Misc. Doc. No. 08-2750

[39 Pa.B. 1621]
[Saturday, April 4, 2009]

Order

   And Now, this 16th day of March, 2009, upon the recommendation of the Family Law Committee and approval of the Board of Judges, it is hereby Ordered and Decreed that the following Local Rule 208.3(c) is hereby adopted as a Local Rule of the 32nd Judicial District.

By The Court

JOSEPH P. CRONIN, Jr.,   
President Judge

Local Rule 208.3(c)

   The Sheriff of Delaware County, police department or other law enforcement agency, which maintains possession, control or custody of the firearms, other weapons or ammunition seized from a Defendant or owner pursuant to the provisions of the Protection From Abuse Act (23 Pa.C.S.A. § 6101 et seq.), shall, upon receipt of an Order of Court having jurisdiction, which dismisses a temporary or final Protection From Abuse Order and which has been certified by the Director of the Delaware County Office of Judicial Support, return to the Defendant or owner, such firearms, other weapons or ammunition seized, provided that all of the following conditions are satisfied:

   1.  The Defendant or the owner provides reasonable proof of ownership or of rightful possession of the firearms, other weapons or ammunitions seized;

   2.  The firearms, other weapons or ammunition seized are not evidence of a crime;

   3.  The Defendant or owner is not otherwise prohibited by applicable Federal or State law from taking possession of the firearms, other weapons or ammunition seized,

   4.  The Defendant or owner has been given a clearance by the Pennsylvania State Police Instant Check System (PICS) Unit, as requested by the Sheriff of Delaware County.

   In the event that a Defendant or owner fails to satisfy one or more of the above-stated conditions, the firearms, other weapons or ammunition seized shall remain in the possession, control, and custody of the Sheriff of Delaware County, the police department or the other law enforcement agency.

   Defendant or owner who, for any reason, objects to the retention of the firearms, other weapons or ammunition seized may file a Petition seeking their return. The petitioning Defendant or owner shall serve a copy of the Petition on the Sheriff of Delaware County, police Department or other law enforcement agency returning possession of the same. The Court, after receipt of said Petition, shall promptly schedule a hearing on said Petition.

[Pa.B. Doc. No. 09-613. Filed for public inspection April 3, 2009, 9:00 a.m.]


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