City of Hayward Ordinance

SE C. 313.02 PURPOSE AND INTENT. The purpose of this article is to ensure the health, safety, and general welfare of City of Hayward citizens by eliminating the sale of cheaply made, inadequately designed, and poorly manufactured handguns in the City of Hayward.

SE C. 313.03 DEFINITIONS. Except as provided in Section 313.04 herein, the term "Saturday Night Special" 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.

3131

(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 pressure 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

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.

SEC. 313.04 EXCLUSION. 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

(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 make it a device no longer classified as a Saturday Night Special.

SEC 313.05 ROSTER OF SATURDAY NIGHT SPECIALS. On or before January 1, 1997, the Chief of Police or his or 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 or her designee determines fit the definition of Saturday Night Special set forth in section 313.03.

SEC. 313.06 NOTIFICATION. Upon completion of a list of firearms to be placed on the roster for the first time, the police Chief of his or her designee shall endeavor to send written notification to: (1) the manufacturer of every firearm on the 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 6 Article 11 of the Hayward 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 313.03; and

(b) Advise the recipient that the recipient may apply for reconsideration of the

classification of the firearm as a Saturday Night Special; and

Special within the meaning of Section 313.03 shall be on the recipient.

SE C. 313.07 RECONSIDERATION B Y T H E C CHIEF OF POLICE.

(a) The Chief of Police or his or her designee shall, prior to publishing a Roster of

Saturday Night Specials, 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 or her

designee to classify the firearm in question as a Saturday Night Special as defined

in Municipal Code Section 313.03.

(b) Upon timely filing of one or more complete applications for reconsideration, the Chief of Police or his or her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the firearm is not a Saturday Night Special within the meaning of Section 313.03.

SEC. 313.08 APPEAL OF CLASSIFICATION.

(a)If the Chief of Police or his or her designee determines that the firearm under

reconsideration has been properly classified as a Saturday Nigh 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 or

her designee prior to inclusion of the firearm in question on the Roster.

(b) The City Manager or his or 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 or her designee to classify the firearm in question as a Saturday Night Special as deemed in Section 313.03.

(c) The burden of proof shall be on the appellant(s) to demonstrate that the firearm is not a Saturday Night Special within the meaning of Section 313.03.

(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 or her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or his or her designee shall, based on the evidence presented, determine whether the firearm is a Saturday Night Special within the meaning of Section 313.03.

(f)In all instances, the decision of the City Manager or his or her designee whether

to classify the firearm in question as a Saturday Night Special as defined in

Section 313.03 and to place the firearm on the Roster is final.

SEC. 313.09 PUBLICATION OF THE ROSTER. The Chief of Police or his or her designee shall place on the Roster those firearms which have been determined to be a Saturday Night Special within the meaning of Section 313.03. The Chief of Police or his or 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 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 Hayward; 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 6, Article 11 of the Municipal Code.

SEC. 313.10 EFFECTIVE DATE OF ROSTER. The Roster shall become

effective on the 15th day after its publication.

SEC. 313.11 ADDITIONS TO THE ROSTER. Additions to the Roster shall be

made in accordance with the following

(a) Annual Determination. On an annual basis, the Chief of Police or his or her

designee shall determine the need to place firearms on the Roster. Upon

identifying one or more firearms as Saturday Night Specials, the City Manager

or his or 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 or her designee shall

endeavor to send written notification in accordance with the aforementioned

provisions of Section 313.06.

his or 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 313.07.

(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 or her designee shall hold a hearing in accordance with the provisions of Section 313.08.

(e) Additions of Firearms to Roster. After all appeals have been exhausted, the

Chief of Police or his or her designee shall place on the Roster those additional

firearms which have been determined to be a Saturday Night Special within the

meaning of Section 313.03. The Chief of Police or his or her designee shall

cause the Roster, as amended to include these additional firearm. to be published

in accordance with Section 313.09.

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 15th day after its publication as set forth in Section 313.09.

SE C. 313.12 SALE PROHIBITED. After January 1, 1997, no wholesale or retail dealer as licensed by the City of Hayward in Chapter 6, Article 11 of the 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.

SEC. 313.13 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 the persons who are authorized by the United States Federal Government for use in the performance of their official duties; . Any person violating any of the provisions of this article shall be guilty of a misdemeannor shall anything in this Article prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.

SEC. 313.14 PENALTYor. Any person convicted of a misdemeanor under the provisions of this article shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a period not exceeding six 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 article is committed, continued or permitted by such person and shall be punishable accordingly. In addition, any person found to be in violation of this article shall be considered in noncompliance with the requirements of the Hayward Municipal Code Chapter 6 Article 11 and subject to the suspension and or revocation of a Firearms Dealer Permit.