Sample Ordinances and Policies Related to Junk Gun Controls.

BE IT ORDAINED by the Council of the City of Berkeley as follows:

SECTION 1. Findings

The Council finds as follows:

1. Saturday Night Specials, also known as "junk guns," are poorly constructed, and not suitable for or readily adaptable to sporting purposes.

2. Saturday Night Specials are small and light making them easy to conceal, and present a threat to the public welfare and law enforcement officers.

3. 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.

4. 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.

5. Gunshot fatalities and care of gunshot victims in California cost $703 million in direct medical costs in 1993 alone.

6. As of 1994 there were more than twice as many gun dealers as public schools in California.

7. More Californians now die from guns than from car accidents.

8. In Berkeley in the years 1993 to 1995 guns were used to commit 14 homicides, 907 robberies and 105 aggravated assaults.

9. The Federal Government has already prohibited the importation of foreign manufactured Saturday Night Specials.

10. Crime, gangs and gun violence occur across city and county boundaries with each crime often involving perpetrators living in and acts committed in several different jurisdictions. As a result, the Police Chiefs Association in both Alameda and Contra Costa Counties have urged that regional approaches be developed to respond to such crime.

11. The City of Berkeley is a participant in one such regional effort entitled the "Easy Bay Public Safety Corridor Partnership" comprised of the cities and counties adjacent to I80. Numerous public officials representing cities and counties in the Partnership and other neighboring cities in the Bay Area recognize that an important tool to combat crime and gun violence is to jointly enact appropriate legislation.

12. In recent years, firearms 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. These modifications have resulted in no advancement, or only marginal advancement, in the durability of the handguns.

13. 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 halfcock hammer notches in derringers and singleaction revolvers; manual pistol slide locks; rudimentary hammer or trigger locks that act by simple interference; and crude grip safety levers.

14. Such cosmetic remodeling by firearms manufacturers does not ameliorate the core design deficiencies of Saturday Night Special handguns.

15. 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.

16. A firearm's frame, barrel, breechback, 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. Any firearm in which all of these components do not meet this standard is an inherently unsafe product.

17. Firearms manufacturers have increased the ballistic power of many semiautomatic 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.

18. The action mechanism contained in many currently produced derringers and singleaction revolvers is based upon centuryold 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.

19. 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 Berkeley and the Ordinance is designed to protect the health,

safety and general welfare of the community.

20. 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 Berkeley to determine whether such handguns are Saturday Night Specials/Junk Guns, the sale of which would be prohibited.

21. Safety of Berkeley citizens is also promoted by the requirement that the sale of guns be accompanied by trigger locks to prevent the accidental discharge of weapons.

SECTION 2. That Section 3 of Ordinance No. 6196N.S. (Berkeley Municipal Code Section 9.72.030) is hereby amended to read as follows:

9.72.030

Permit required for the sale of firearms munitions in addition to business license, zoning or other local permits

No person partnership, cooperative, corporation, firm or association shall engage in the business of operating or managing any business which sells, transfers, leases or offers, advertise for sale transfer, or lease any firearm or munitions without first obtaining a firearms dealer's permit from the Chief of police of the Berkeley Police Department as set forth herein. The permit required by this chapter shall be in addition to any other permit required by law. In addition, any person subject to the permit requirements imposed by this chapter shall comply with all other provisions of law including but not limited to the Chapter 9.73 prohibiting the sale of Saturday Night Specials. Compliance with such provisions of law shall be deemed an implied condition of any permit issued by the City and failure to comply with such laws shall be grounds to revoke or deny a permit under this chapter.

SECTION 3. That Section 8 of Ordinance No. 6196N.S. (Berkeley Municipal Code Section 9.72.080) is hereby amended by adding Subsection G to read as follows:

G. The permittee shall not sell, lease or otherwise transfer a firearm without selling or otherwise providing with such firearm a trigger lock or similar device designed to prevent the accidental discharge of the firearm.

SECTION 4. That the Berkeley Municipal Code shall be amended to add Chapter 9.73, to Article 9, to read as follows:

PROHIBITION ON THE SALE OF SATURDAY NIGHT SPECLALS

ALSO KNOWN AS JUNK GUNS

Section 9.73.010 TITLE. This Chapter shall be known as the "Saturday Night Special/Junk Gun Sales Prohibition" and may be so cited.

Section 9.73.020 PURPOSE AND INTENT.

The purpose of this chapter is to ensure the health, safety, and general welfare of City of Berkeley citizens by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the City of Berkeley.

Section 973.030 DEFINITIONS.

Except as provided in Section 973.040 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 semiautomatic pistol which:

(1) is not originally equipped by the manufacturer with a lockedbreech action; and

(2) is chambered for cartridges developing maximum permissible breech

pressures above 24,100 Copper Units of Pressure as standardized by the

Sporting Arms and Ammunition Manufacturers Institute.

(3) For purpose of this subsection (2), "semiautomatic pistol" shall mean a

firearm, as defined in California Penal Code Section 12001(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. "Semiautomatic 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.

Section 9.73.040 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 device no longer classified as a Saturday Night Special.

Section 9.73.050 ROSTER OF SATURDAY NIGHT SPECIALS.

On or before January l, 1997, the Chief of Police or his/her designee shall compile, publish, and thereafter maintain a Roster of Saturday Night Specials. The Roster shall list those firearms, by manufacturer and model number, which the Chief of Police or his/her designee determines fit the definition of Saturday Night Special set forth in Section 9.73.030.

Section 9.73.060 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 Chapter 9.72 of the Berkeley Municipal Code. Such notification shall do the following:

A. Identify the model number of the firearm which has been classified as a Saturday Night Special within the meaning of Section 212.03 of the Municipal Code; and

B. Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday Night Special; and

C. Advise the recipient that the burden of proving a firearm does not constitute a Saturday Night Special within the meaning of Section 9.73.030 of this Code shall be on the recipient.

Section 9.73.070 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 to 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 Municipal Code Section 212.03.

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 Section 212.03 of the Municipal Code.

Section 9.73.080

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 decisions 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 to 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 Section 9.73.030.

The burden of proof shall be on the applicant(s) to demonstrate that the firearm does not constitute a Saturday Night Special within the meaning of Section 9.73.030.

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 Section 9.73.030.

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 in Section 9.73.030 and to place said firearm on the Roster is final.

Section 9.73.090 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 Section 9.73.030. 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; 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 Chapter 9.72 of this Code.

Section 9.73.100 EFFECTIVE DATE OF ROSTER.

The Roster shall become effective on the fifteenth day after its publication.

Section 9.73.110 ADDITIONS TO THE ROSTER.

Additions to the Roster shall be made in accordance with the following:

A. Periodic Determinations. Whenever the Chief of Police or his/her designee shall determine that there is a need to place additional 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

C. Reconsideration by 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 Section 9.73.070.

D. Anneal 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 Section 9.73.080.

Additions of Firearms to Roster. After all appeals have been exhausted, the Chief of Police or 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 Section 9.73.030. 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 Section 9.73.090.

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 Section 9.73.100.

Section 9.73.120 SALE PROHIBITED.

After January 1, 1997, no wholesale or retail firearms dealer subject to a permit under Chapter 9.72 of this 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.

Section 9.73.130 EXEMPTIONS.

Nothing in this Article relative to the sale of Saturday Night Specials shall prohibit the disposition of any firearm 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 chapter prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.

Section 9.73.140 PENALTY.

Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor.

Section 9.73.150 SEVERABILITY AND VALIDITY.

If any section, subsection, paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the City of Berkeley, 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 chapter and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this chapter shall be deemed severable.

SECTION 5. EFFECTIVE DATE

Berkeley Municipal Code Chapter 9.73 shall become effective January 1, 1997.

SECTION 6. POSTING AND PUBLISHING

Copies of this Bill are hereby ordered published by posting with the vote thereon for two days at the ten prominent places in the City of Berkeley as designated in Chapter 1.08 of the Berkeley Municipal Code.

At a regular meeting of the Council of the City of Berkeley, held on the sixteenth day of July, 1996, this Bill was passed to print and ordered published by posting by the following vote:

Ayes: Councilmembers Armstrong, Maio, Olds, Shirek, Spring, Wainwright,

Woodworth, WoolleyBauer and President Dean.

Noes: None.

Absent: None.

In effect: August 22, 1996

ATTEST:

Sherry M. Kelly

City Clerk and Clerk of Council

At a regular meeting of the Council of the City of Berkeley, held on the twentythird day of July, 1996, this Ordinance was finally adopted by the following vote:

Councilmembers Armstrong, Maio, Olds, Shirek, Spring, Wainwright, Woodworth, WoolleyBauer and President Dean.

Noes: None.

Absent: None.

ATTEST:

Approved this 23rd day of July, 1996

Shirley Dean

Mayor and President of the Council

BMC Chapter 9.73 effective January 1, 1997

Sherry M. Kelly

City Clerk and Clerk of the Council

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