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Old 04-02-2010, 04:23 PM #1
JoAnn_W
 
 
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Philadelphia Nuisance Neighbor

Hi everyone. I live in a Philadelphia rowhome. My neighbor 4 doors down shot paintballs at my deck. I went over to talk to him and got nothing but grief.

My questions to you all are: Is it legal to own a paintball gun in Philly? I'm guessing it's illegal for him to shoot my deck, but can't find any laws. I'd love to print out something to show his mother in hopes that she will take the gun away from him. He's 20, but is the neighborhood nuisance.

Thanks in advance,
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Old 04-02-2010, 04:33 PM #2
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I found this. Does this mean Philadelphia classifies paintball guns as stun guns?

Philadelphia City Ordinance. Statute 10-825 Stun Guns. (1) Definitions. (a) Stun Gun. Any device which expels or projects a projectile which, upon coming in contact with a person, is capable of inflicting injury or an electric shock to such person. (2) Prohibited conduct. Nor person shall own, use, possess, sell or otherwise transfer any "stun gun." (3) Penalty. Any person violating any provision of this section shall be subject to a fine or not more than three hundred (300) dollars and /or imprisonment for not more than ninety (90 days.)

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Old 04-02-2010, 04:45 PM #3
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I'm not sure about Philly law, but I do know that in Chicago it is illegal to own a paintball gun in the city. I would assume most other larger cities like Philly have something similar. I would guess he could be charged with something along the lines of criminal mischief, vandalism, or at the very worst some sort of gun charge. To be sure of this I would ask your local police department.

The best advice I can give to you is to take pictures of everything. If you see him outside with it(that would be the best case scenario), the paintballs that hit your deck, and just about anything else that just doesn't seem legal. The police would also be a good source of information in terms of what evidence they need, and how to legally obtain it.
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Old 04-02-2010, 07:35 PM #4
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Quote:
Originally Posted by crazypiratx View Post
I'm not sure about Philly law, but I do know that in Chicago it is illegal to own a paintball gun in the city. I would assume most other larger cities like Philly have something similar. I would guess he could be charged with something along the lines of criminal mischief, vandalism, or at the very worst some sort of gun charge. To be sure of this I would ask your local police department.

The best advice I can give to you is to take pictures of everything. If you see him outside with it(that would be the best case scenario), the paintballs that hit your deck, and just about anything else that just doesn't seem legal. The police would also be a good source of information in terms of what evidence they need, and how to legally obtain it.
Thanks CrazyPiratx. I was hoping to print out some code to show his mom in hopes she disposes of it. Sometimes moms are tougher than cops (crossing fingers).

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Old 04-03-2010, 06:51 AM #5
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I've been trying to research this myself but one thing I lack is understanding of what a paintball gun is. For example, is it classified as an "air gun?"

Thanks in advance, JoAnn_W
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Old 04-04-2010, 04:09 PM #6
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Once again, that is all based on your area. They can be classified as firearms in some places, and in others as airguns, or sometimes just classified as paintball markers with their own set of laws. In every case though there are usually laws based on ownership, use, and transportation of them. This would be a question best answered by your local police department.
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Old 04-05-2010, 08:02 AM #7
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i know here in ontario (at least in my city) you can shoot it on your own property without any issues but as soon as a paintball goes anywhere off property then it becomes an issue..
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Old 04-19-2010, 08:00 PM #8
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I'd search your local laws and ordinances for any information regarding firearms. Sometimes these can be difficult to find, I found my town's firearm ordinances on the last pages of a document regarding Public Hearing Comments about Forceful Annexation.

In response to your question about paintball markers being "air guns", paintball markers use compressed air (or CO2) to propel a paintball. Not sure about your city's definition of an "air gun", but that should help a bit.
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Old 05-03-2010, 06:36 PM #9
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I'm from the suburbs of Philadelphia. I know that it is illegal to sell paintball guns in the city. I believe it is legal to own them, but not to shoot them within the confines of the city.

In most places, I'm pretty sure they're classified as airguns. But, in any case, the fact that your deck has been hit may be classifiable as vandalism.

If it happens again, I'd talk to the mom first. She probably has more sense than the kid.
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Old 05-05-2010, 10:35 PM #10
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If he's firing it at someone else's property that by itself should be vandalism, similar to spray painting a wall.
I'd call the cops the next time he's out doing it, "Someone is shooting something a few doors down"
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Old 05-07-2010, 10:53 AM #11
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Quote:
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If he's firing it at someone else's property that by itself should be vandalism, similar to spray painting a wall.
I'd call the cops the next time he's out doing it, "Someone is shooting something a few doors down"
even more - it is a felony - Malicious damage to property - if this kid is intentionally shooting your deck that is a felony.
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Old 08-10-2010, 04:05 PM #12
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Check your LOCAL laws, as in the city or municipality's. Think about it, the State would not make discharging a paintball gun on one's property a crime when there are people living on 100 acres of property. This is a city issue.

The second his ball landed on your property though, not only do you have him for vandalism and malicious destruction of property (although those require a certain state of mind on the part of hte defendant, I assume), you also have him for civil trespass.
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Old 09-17-2010, 09:27 AM #13
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