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WHEREAS, Saturday Night Specials, also known as "junk guns," are poorly constructed, and not suitable for or readily adaptable to sporting purposes; and
WHEREAS, Saturday Night Specials are small and light making them easy to conceal, and present a threat to the public welfare and law enforcement officers; and
WHEREAS, according to the Bureau of Alcohol Tobacco and Firearms, eight of the ten firearms most frequently traced nationally to crime scenes in 1995 were Saturday Night Specials; and
WHEREAS, according to a University of California Davis Violence Prevention Research Program, Saturday Night Specials are 3.4 times more likely to be involved in crimes as are other firearms; and
WHEREAS, gunshot fatalities and care of gunshot victims in California cost $703 million in direct medical costs in 1993 alone; and
WHEREAS, there are more than twice as many gun dealers as public schools in California; and
WHEREAS, the Federal Government has already prohibited the importation of foreign manufactured Saturday Night Specials; and
WHEREAS, numerous public leaders and law enforcement officials have supported a ban on Saturday Night Specials; and
WHEREAS, the City Council finds that, in recent years, firearm manufacturers have made token modifications to those handguns commonly known as "Saturday Night Specials," including: carbon steel breechface inserts, solid steel barrel tubes; a greater number of steel linings incorporated in soft castings. The modifications have resulted in no advancement, or only marginal advancement, in the durability of the handguns; and
WHEREAS, the City Council finds that, in recent years, firearms manufacturers have grafted improvised safety devices onto the core design of those handguns commonly known as Saturday Night Specials. These devices include: fragile half-cock hammer notches in derringers and single-action revolvers; manual pistol slide locks; rudimentary hammer or trigger locks that act by simple interference; and crude safety levers; and
WHEREAS, the City Council finds that such cosmetic remodeling by firearms manufacturers does not ameliorate the core design deficiencies of Saturday Night Special handguns. The City Council further finds that Saturday Night Special handguns continue to be dangerous products due to their low quality of manufacture and metallurgy, so as to be unacceptable in commerce; and
WHEREAS, the City Council finds that a firearm's frame, barrel, breechblock, cylinder and slide must be completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength in order to reliably contain the weapon's ballistic power. The City Council further finds that any firearm in which all of these components do not meet this standard is an inherently unsafe product; and
WHEREAS, the City Council finds that firearms manufacturers have increased ballistic power of many semi-automatically pistols by chambering them to fire high pressure ammunition, yet have not changed the materials used in the firing chamber, slide or breechface so as to contain the peak pressures generated by such ballistic power and to prevent parts breakage from overstress which can result in injury to the user; and
WHEREAS, the City Council finds that the action mechanism contained in many currently produced derringers and single-action revolvers is based upon century-old designs, so that chambering such weapons for high pressure ammunition results in a ballistic pressure which exceeds the pressure levels the design is originally intended to withstand; and
WHEREAS, the City Council finds that the Legislature has not, expressly or impliedly, preempted the areas of firearm sales. The City Council therefore finds that the subject is within the scope of the municipal police power of the City of Alameda and the Ordinance is designated to protect health, safety and general welfare of the community; and
WHEREAS, the City Council desires to promulgate regulations which will be applied to all existing and future handguns intended to be sold in the City of Alameda to determine whether such handguns are Saturday Night Specials/Junk Gun, the sale of which would be prohibited.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by adding section 4-37 (Saturday Night Special/Junk Sales Prohibition to Article V (Firearms and Explosives, Chapter IV (Offenses and Public Safety), thereof to read:
4-37 Saturday Night Special/Junk Gun Sales Prohibition
4-37.1 Title.
This section shall be known as the "City of Alameda Saturday Night Special/Junk Gun Sales Prohibition" and may be so cited.
4-37.2 Purpose and Intent.
The purpose of this section is to ensure the health, safety, and general welfare of the City of Alameda citizens by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the City of Alameda.
4-37.3 Definitions.
Except as provided in Subsection 4-37.3 herein, the term "Saturday Night Special," as used in this section shall mean any of the following:
a. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in the California Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength.
b. A semi-automatic pistol which:
(1) is not originally equipped by the manufacturer with a locked-breech action; and
(2) is chambered for cartridges developing maximum permissible breech pressure above 24,100 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute.
(3) For purpose of this subsection (2), "semi-automatic pistol" shall mean a firearm, as defined in California Penal Code Section 1200(b), which is designed to be held and fired with one hand, and which does the following upon discharge: (i) fires the cartridge in the chamber; (ii) ejects the fired cartridge case; and (iii) loads a cartridge from the magazine into the chamber. "Semi-automatic pistol" shall not include any assault weapons designated in California Penal Code Section 12276.
c. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001 (a) which:
(1) uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum safe permissible breech pressures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
(2) is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
(3) is not originally equipped by the manufacturer with a nondetachable trigger guard; or
(4) if rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.
(5) For purposes of this subsection (c) "action mechanism" shall mean the mechanism of a firearm by which it is loaded, locked, fired and unloaded commonly known as the cycle of operation.
4-37.4 Exclusions.
The term "Saturday Night Special" does not include any of the following:
a. Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of subsection (b) of California Penal Code Section 12020; or
b. Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion; or
c. Children's pop guns or toys; or
d. An "unconventional pistol" as defined in California Penal Code Section 12020 (c) (12); or
e. Any pistol which has been modified to either: render it permanently inoperable, or permanently to make it a devise no longer classified as a Saturday Night Special.
4-37.5 Roster of Saturday Night Specials.
On or before January 1, 1997, the Chief of Police or his/her designee shall compile, publish, and thereafter maintain a Roster of Saturday Night Specials. The Roaster shall list those firearms, by manufacturer and model number, which the Chief of Police or his/her designee determines it the definition of Saturday Night Special set forth in subsection 4-37.3 .
4-37.6 Notification.
Upon completion of a list of firearms to be placed on the Roster for the first time, the Police Chief or his/her designee shall endeavor to send written notification to: (1) the manufacturer of every firearm on said list; and (2) every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California and section 4-37 (Saturday Night Special/Junk Gun Sales Prohibition) of the Alameda Municipal Code.
4-37.7 Reconsideration by the Chief of Police.
a. The Chief of Police, or his/her designee shall, prior to the effective date of this ordinance establish standards and procedures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testimony relating the decision of the Chief of Police or his/her designee to classify the firearm in question as a Saturday Night Special as defined in subsection 4-37.3 of the Alameda Municipal Code.
b. Upon timely filing of one or more complete applications for reconsideration, the Chief of Police or his/her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday Night Special within the meaning of subsection 4-37.3 of the Alameda Municipal Code.
4-37.8 Appeal of Classification.
a. If the Chief of Police or his/her designee determines that the firearm under reconsideration has been properly classified as a Saturday Night Special, then the applicant(s) shall have the right to appeal such a decision to the City Manager, and the applicant(s) shall have the right to a hearing before the City Manager or his/her designee prior to inclusion of the firearm in question on the Roster.
b. The City Manager, or his/her designee, is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating the decision of the Chief of Police or his/her designee to classify the firearm in question as a Saturday Night Special as defined in subsection 4-37.3 of the Alameda Municipal Code.
c. The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday Night Special within the meaning of subsection 4-37.3 of the Alameda Municipal Code. `
d. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.
e. The City Manager or his/her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or his/her designee shall, based on the evidence presented, determine whether the firearm constitutes a Saturday Night Special within the meaning of subsection 4-37.3 of the Alameda Municipal Code.
f. In all instances, the decision of the City Manager or his/her designee whether to classify the firearm in question as a Saturday Night Special as defined subsection 4-37.3 of the Alameda Municipal Code in final.
4-37.9 Publication of the Roster.
The Chief of Police or his/her designee shall place on the Roster those firearms which have been determined to constitute a Saturday Night Special within the meaning of subsection 4-37.3 of the Alameda Municipal Code. The Chief of Police or his/her designee shall cause the Roster to be published in the following manner:
a. Notification of the Roster's completion shall be published at least once in the official newspaper as designated by the City and circulated in the City within fifteen (15) days after its completion; and
b. A copy of the Roster, certified as a true and correct copy thereof, shall be filed in the office of the City Clerk of the City of Alameda; and
c. A copy of the Roster, certified as a true and correct copy thereof, shall be distributed to every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California and section 4-36 of the Alameda Municipal Code.
4-37.10 Effective Date of Roster.
The Roster shall become effective on the fifteenth day after its publication.
4-38.11 Additions to the Roster.
Additions to the Roster shall be made in accordance with the following:
a. Semi-Annual Determination. On a semi-annual basis, the Chief of Police or his/her designee shall determine the need to place firearms on the Roster. Upon identifying one or more firearms as a Saturday Night Special, the City Manager or his/her designee shall prepare a draft list of the additions to the Roster.
b. Notification of Additions to Roster. In the event that a draft list of firearms to be added to the Roster is prepared, the Chief of Police or his/her designee shall endeavor to send written notification in accordance with the aforementioned provisions of subsection 4-37.6.
c. Reconsideration of the Chief of Police. Any person who the Chief of Police or his/her designee notifies pursuant to subsection (b) above may apply for reconsideration of the classification of that firearm as a Saturday Night Special in accordance with the provisions of subsection 4-37.7.
d. Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday Night Special after reconsideration, the applicant may file an appeal to the City Manager and the City Manager or his/her designee shall hold a hearing in accordance with the provisions of subsection 4-37.8.
e. Additions of Firearms to Roster. After all appeals have been exhausted, the Chief of Police of his/her designee shall place on the Roster those additional firearms which have been determined to constitute a Saturday Night Special within the meaning of subsection 4-37.3. The Chief of Police or his/her designee shall cause the Roster, as amended to include these additional firearms, to be published in accordance with subsection 4-37.9.
f. Effective Date of Additions to the Roster. The addition of new firearms to the Roster shall not operate to preclude the enforcement of the Roster with respect to firearms previously listed thereon. The publication of the Roster, as amended to include new firearms, shall be effective as to those newly added firearms on the fifteenth day after its publication as set forth in subsection 4-37.10.
4-37.12 Sale Prohibited.
After January 1, 1997, no wholesale or retail firearms dealer as licensed by the City of Alameda in subsection 4-36.4 of the Alameda Municipal Code shall sell, offer or display for sale, give, lend or transfer ownership of, any firearm listed on the Roster of Saturday Night Specials. This section shall not preclude a wholesale or retail gun dealer from processing firearm transactions between unlicensed parties pursuant to Section 12072 (d) of the Penal Code of the State of California.
4-37.13 Exemptions.
Nothing in this Article relative to the sale of Saturday Night Specials shall prohibit the disposition of any firearms by sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor to persons who are authorized by the United States Federal Government for use in the performance of their official duties; nor shall anything in this section prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.
4-37.14 Penalty.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this section shall be punishable in accordance with section 1-5 (Penalty Provisions) of this Code and by a fine of not more than one thousand ($1000) dollars or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person and shall be punishable accordingly. In addition, any person found to be in violation of this section shall be considered in non-compliance with the requirements of the City of Alameda Municipal Code section 4-36 and subject to the suspension and or revocation of a Firearms Dealer Permit.
Section 2. Severability.
This section shall be enforced to the full extent of the authority of the City. If any section, subsection, paragraph, sentence or word of this section is deemed to be invalid or beyond the authority of the City, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this section and the applications thereof; and to that end the sections, subsections, paragraphs, sentences and words of this section shall be deemed severable.
Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
City Clerk