[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 8-14-2019 by Ord. No. 19-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fireworks — See Ch. 81.
[1]
Editor's Note: This ordinance also repealed former Ch. 79,
Firearms, adopted 7-15-1980 by Ord. No. 80-2.
As used in this chapter, the following terms shall have the
meanings indicated:
A sufficiently steep earthen berm, bank, hillside, or other
structure intended safely to stop and contain projectiles fired at
targets on a target range.
An angled metal plate trap, snail trap, or other device intended
safely to stop and contain projectiles fired at targets placed in
front of it.
A shotgun, rifle, pistol, revolver, or other gun or implement
of any caliber, mechanism or kind which impels a bullet, slug, single
or multiple pellets, or other projectile(s) of any sort by the combustion,
explosion or ignition of a propellant powder, "gunpowder," or other
chemical compound. The term "firearm" as used in this chapter does
not include nail guns and similar powder-actuated construction tools
that use 0.22 blanks or other blank cartridges, when used for their
intended purpose of driving nails, rivets, and other fasteners into
solid materials, and not for the firing of nails, rivets, pellets
or other projectiles through the air in the nature of a conventional
firearm.
Any outdoor or outdoor site, location or facility for the
firing of firearms in target practice, marksmanship training, shooting
competition or recreation, rather than for hunting or other uses specifically
permitted in this chapter.
Ammunition containing a compound that burns upon being fired
or upon striking a target, designed to cause fires.
So-called "paintball guns" and "airsoft guns" which propel
paint marking, powder marking, or plastic projectiles, intended to
be fired at people wearing suitable personal protective equipment,
where the projectiles are propelled at velocities not exceeding 400
feet per second by the force of compressed air, compressed gas, or
spring force and not by the combustion, explosion or ignition of a
propellant powder, "gunpowder," or other chemical compound, as well
as traditional spring-powered and other BB guns firing spherical metal
BBs at velocities less than 350 feet per second.
Any individual less than 18 years of age.
Air rifles, air pistols, spring guns, spring pistols, BB
rifles, BB pistols, or similar devices which are not firearms as defined
in this chapter, which impel a pellet (whether spherical, conical,
waisted, dart-shaped, or of any other kind), BB, slug, bullet, dart,
or other projectile, by means of force produced by compressed air,
compressed gas (including CO2, nitrogen, "green gas" or any other
gas), compressed spring force, piston force, or any other mechanism,
that can reasonably be expected to cause bodily harm if the projectile
strikes a person. The term "non-powder gun" shall not include:
So-called "paintball guns" which propel paint marking or powder
marking projectiles, or "airsoft" guns which propel spherical plastic
projectiles, intended to be fired at people wearing suitable personal
protective equipment, where the projectiles are propelled at velocities
not exceeding 400 feet per second by the force of compressed air or
compressed gas, and not by the combustion, explosion or ignition of
a propellant powder, "gunpowder," or other chemical compound;
Traditional spring-powered and other BB guns firing spherical
metal BBs at velocities less than 350 feet per second; or
CO2 powered, pneumatic or similar nail guns or other construction
tools when used for their intended purpose of driving nails, rivets,
and other fasteners into solid materials, and not for the firing of
nails, rivets, or other fasteners or projectiles through the air in
the nature of a conventional firearm.
Any outdoor or partially outdoor site, location or facility
for the firing of non-powder guns firing projectiles at not more than
1,000 feet per second muzzle velocity, and not exceeding 0.25 caliber
(0.25").
Ammunition including but not limited to "dragon's breath"
and similar rounds that, upon being fired, is designed to emit more
than the usual amount of flame, spark, or muzzle flash from the firearm's
muzzle, in the nature of fireworks.
Earthen berms, dirt banks, masonry walls, or other structures
extending from the backstop in the direction of the firing line or
firing point(s), for the purpose of safely containing any projectiles
or projectile fragments that might ricochet or glance off the backstop,
targets or target frames.
A firearms target range and/or non-powder gun target range.
Ammunition having a combustible compound in the base of the
projectile which burns in flight, in order to permit visual observation
of the projectile's flight path.
Except as herein otherwise provided, it shall be unlawful and
it is hereby prohibited for any person or persons to fire or discharge
any firearm within the Township of Towamencin, Montgomery County,
Pennsylvania.
No person shall, except in defense of person or property or
on an approved target range under adult supervision, fire or discharge
any firearm within the Township of Towamencin.
Nothing herein contained shall prohibit the use of:
A.
A shotgun or other firearm when used for lawful hunting purposes
in accordance with the rules and regulations of the Pennsylvania Game
Commission;
B.
The use of any type of firearm or non-powder gun on an approved target
range under adult supervision;
C.
In the R-200 District and to the extent permitted by law and Pennsylvania
Game Commission rules and regulations, the control or elimination
of agricultural pests and other animals causing property damage or
nuisance by use of a shotgun firing multiple spherical pellets not
exceeding the size of No. 3 buckshot (0.25"), or a 0.22 caliber rimfire
rifle, or a non-powder gun;
D.
The discharge of a firearm or non-powder gun in lawful self-defense;
or
E.
The discharge of firearms by law enforcement officers in practice,
training or qualification firing approved by their law enforcement
agency, at a firearms target range approved by the Township.
A.
Permits for target ranges. The Township Manager is hereby authorized
to issue a permit to a property owner for an outdoor firearms target
range or non-powder gun target range, after the inspection and approval
of the range location and completed range by the Board of Supervisors
and/or its designated representative(s). The cost of the permit for
any range shall be $100. The conditions of the permit, specifications
of the range, and conditions under which range may be used, other
than as specified in the following subsections, may be determined
and required by the Board of Supervisors.
B.
The Township shall not regulate ranges and locations for the firing
of low-powered non-powder guns, which may be used in accordance with
Pennsylvania and federal law, anywhere the firing of such guns does
not cause a nuisance, and does not alarm or endanger others.
C.
The applicant for a firearms target range permit or non-powder gun
target range permit shall submit a written application on a form provided
by the Township Manager, detailing the location, orientation, and
specifications of the range and the manner in which the range will
be used. If the permit is granted, the use of the range shall be in
accordance with the details provided in the written application, the
provisions of this Code section, and any additional conditions required
by the Board of Supervisors.
D.
Firearms target ranges otherwise complying with applicable restrictions
shall be permitted in the R-200 District. Non-powder gun target ranges
otherwise complying with applicable restrictions shall be permitted
in the R-200, R-180, and R-175 Districts.
E.
Firearms target ranges shall have backstops of the type recommended
by the National Rifle Association in the then-current edition of its
Range Source Book and appended materials.
F.
No part of any firearms target range, including its firing point(s),
its backstop (measured from the highest point of any man-made earthen
berm or other structure used as its backstop), its targets or target
frames, and any point along the trajectory of any projectiles fired
at the targets from the firing point(s), shall be closer than 150
yards (450 feet) from the property line of the property on which the
range is located.
G.
Non-powder gun target ranges shall have backstops or bullet traps
adequate to ensure that no projectiles fired at targets on the target
range leave the property on which the target range is located. No
part of any non-powder gun target range, including its firing point(s),
its backstop (measured from the highest point of any man-made earthen
berm used as its backstop) or bullet trap, its targets or target frames,
and any point along the trajectory of any projectiles fired at the
targets from the firing point(s), shall be closer than 75 yards (225
feet) from the property line of the property on which the range is
located, except that the Township may, in its discretion, allow such
a range to be situated closer in consideration of natural or man-made
structures or conditions on the range property or adjoining properties.
H.
Target ranges shall be oriented in the safest reasonable direction,
taking into account the topography and other conditions of the location,
and the existing or likely development and use of adjoining and nearby
properties.
I.
Target ranges shall not be oriented in a manner that results in lead
or other toxic projectiles being fired into any body of water, or
into a dirt backstop, dirt bank, hillside, or other natural structure
close to any body of water such that the water may be affected by
the toxic material of the projectiles.
J.
The Township, in its reasonable discretion, may require a firearms
target range or non-powder gun target range to have side berms or
side walls, overhead or side baffles or other limiting structures,
fencing and/or signage to prevent the inadvertent ingress of individuals
into the downrange danger zone of the range, or such other features
as the Township, or its designated representatives, may reasonably
deem necessary for the safe operation of the range.
K.
No firing at any aerial target, including clay pigeons fired at with
shotguns and birdshot, is permitted anywhere in the Township of Towamencin.
L.
No firing at any exploding target, including but not limited to Tannerite,
ammonium nitrate and other exploding target materials, is permitted
anywhere in the Township of Towamencin.
M.
Firing at any range is permitted only when the holder of the range
permit is present on the range itself, and is directly supervising
all firing that is taking place. Firing is permitted only by adults,
and by minors under the direct supervision of an adult. An adult may
supervise no more than one minor firing at any time.
N.
No more than two individuals (whether adults or minors) may actually
be firing at any time.
O.
No fully automatic firearms (machine guns), Gatling guns and Gatling-type
guns, and simulated fully automatic firearms (including firearms fitted
with "bump stocks," "hellfire" trigger actuators, and similar devices)
are permitted to be fired at any target range in the Township of Towamencin.
P.
Firing on a firearms target range shall not begin earlier than 8:30
a.m., and shall not continue beyond 8:30 p.m., or 30 minutes before
sunset, whichever is earlier.
Q.
Firing on firearms target ranges shall not be permitted on Sundays, except with the advance written permission of all other property owners whose property lines are within 1,000 feet of any part of the range as specified in Subsection E above. As a condition of such advance written permission to use the range on one or more Sundays, other property owners may require that the firearms target range not be used on some other day(s) of the week.
R.
Firing on a non-powder gun target range, or firing on non-powder
guns on a firearms target range, is permitted on any day not earlier
than 8:30 a.m., and not later than 8:30 p.m., or 30 minutes before
sunset, whichever is earlier.
S.
The sound of gunshots from any firearms target range or non-powder gun target range shall not exceed the decibel level permitted by the Township of Towamencin Noise Ordinance as found in Chapter 103 of the Township Code.
T.
No firearms target range may be used for firing during a period that
continues for more than three hours on more than two days on any Monday-through-Sunday
calendar week.
U.
The use of all ranges shall be restricted to private use by the property
owner, property owner's family members, relatives, and personal
friends. Use of the range shall not be open to the general public.
No commercial use shall be made of the range, with the exception that
firearms training classes conducted by paid firearms instructors other
than the property owner or any member of the property owner's
family may be conducted for no more than four trainees in any class
with the advance written permission of the Township Manager, such
classes not to be conducted more than twice in any calendar year.
The basis for approval or disapproval of such classes by the Township
Manager shall be the impact any such class is likely to have on the
enjoyment and use of the neighboring properties by their owners, family
members, relatives, employees and invitees.
V.
Handling and use of firearms on any range permitted by the Township
shall be in accordance with rules and procedures for the safe handling
of firearms and non-powder guns generally accepted in the firearms
and non-powder gun fields, including but not limited to the rules
promoted by the National Rifle Association in its written materials
or taught in its firearms and airgun classes. Grounds for the Township
Manager's or Township Supervisors' immediate revocation
of any range permit include, but are not limited to, the following:
(1)
Unsafe gun handling practices, in violation of the standards described
in this section;
(2)
Projectiles fired on the range which fall beyond the property lines
of the property on which the range is located;
(3)
Firing on the range at times, or in duration, prohibited by this
chapter;
(4)
Any use of incendiary, tracer, or pyrotechnic ammunition on the range,
or use of any exploding targets;
(5)
Any use of the range that violates the provisions of this chapter,
or the conditions on which the range permit was issued; or
(6)
Any use of the range that endangers human life, or poses an unreasonable
hazard to others or to the property of others.
W.
The Township Manager, Board of Supervisors, or their designated representative(s)
shall be permitted to inspect the range once per year upon reasonable
notice to the property owner, to ensure that the backstop and other
range structures and conditions are being maintained in compliance
with the applicable standards and requirements. In addition, the property
owner agrees that the range may be inspected upon any complaint of
an unsafe condition or unsafe use, including but not limited to projectiles
landing or causing damage beyond the property lines of the property
on which the range is located, or causing injury to humans or animals
at any location.
X.
The issuance of a range permit by the Township, the specifying of
conditions or requirements for the range, and the initial, periodic,
or other inspection of the range or approval for use of the range
by the Township or its designated representatives, do not constitute
an acceptance of liability by the Township for any damages, injuries,
mishaps, or other legal or equitable claims arising from the use of
the range, for which the owner and users of the range shall remain
completely liable.
Any Township police officer lawfully engaged in his law enforcement
duties within the Township of Towamencin is hereby authorized to seize,
for evidentiary purposes, any firearm, as defined herein, which shall
be fired or discharged within the limits of the Township of Towamencin
in violation of this chapter.
Any person or persons violating any of the provisions of this
chapter shall be subject to a fine of not less than $25 and not more
than $300 and the costs of prosecution, through the issuance of a
summary citation. In default of the payment of any fine or penalty
imposed by any District Justice under the provisions of this chapter,
the person or persons so violating may be committed to the Montgomery
County Prison for a period determined by the District Justice, not
to exceed 30 days.
