Philadelphia Cnty. C.P. Municipal Court-Civil Rule 136

A. Any firearms, including, but not limited to, rifles, shot guns, pistols, revolvers, machine guns,

zip guns, or any type of prohibited offensive weapon, as that term is defined in 18 Pa.C.S. (relating

to crimes and offenses), or any instrument the possession of which is prohibited upon public streets

or public property under Title 10 of the Philadelphia Code, or any other instrument capable of

inflicting bodily harm, shall be confiscated and subject to forfeiture if they are carried, controlled

or other wise possessed by any person within any building in which Phi ladelphia Municipal

Courtrooms are situated.

B. The proceedings for the forfeiture of property confiscated under section A of this rule shall be

in rem. A claimant of property shall file a Petition For Return of Confiscated Property containing

the following:

1. A description of the property confiscated.

2. A statement of the time and place where confiscated.

3. The owner, if known.

4. The person or persons in possession at the time of confiscation, if known.

5. The cost of the property.

6. The reason(s) why the property was carried or possessed within a building where Municipal

Court courtrooms are situated.

7. Documentation, if any, that the person(s) in possession of the property at the time of

confiscation was licensed or otherwise permitted to c arry or possess such property within a

building where Municipal courtrooms are situated.

8. Signature and verification of the claimant.

C. If no Petition For Return Of Confiscated Property is Filed within ten (10) days from the date of

confiscation, the property shall summarily forfeit to the Philadelphia Municipal Court.

D. The President Judge of the Philadelphia Municipal Court or his designee shall review a Petition

For Return Of Confiscated Property and may, in his discretion, hold a hearing relating to said

petition. The President Judge of his designee shall deny the Petition For Return Of Confiscated

Property unless the claimant establishes by a preponderance of the evidence that the person or

persons in possession of the property at the time of con fiscation (1) were entitled to be in

possession under both 18 Pa.C.S. and Title 10 of the Philadelphia Code, and (2) had a lawful reason

for possessing such property within a building where Municipal Court courtrooms are situated.

E. A claimant shall have thirty (30) days from the date of the denial of the Petition For Return Of

Confiscated Property to file an appeal with the Court of Common Pleas. If the Municipal Court

Prothonotary does not re ceive a Notice of Appeal within thirty (30) days of the de nial of said

petition, the property shall summarily forfeit to the Philadelphia Municipal Court.

Note: Adopted by The Board of Judges May 24, 1991, General Court Regulation 91-2-MC. Effective July

15, 1991.