| Sample Ordinances and Policies Related to Junk Gun Controls. | |
ORDINANCE No.____________ C.M.S.
AN ORDINANCE OF THE CITY OF OAKLAND RELATING TO THE SALE OF
"SATURDAY NIGHT SPECIALS," ALSO KNOWN AS "JUNK GUNS"
WHEREAS, Sarurday Night Specials, also known as "junk guns," are poorly consrructed, and not suitable for or readily adaptable to sporting purposes; and,
WHEREAS, Sarurday 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, of the firearms traced nationally in 1995, the three firearms most commonly traced to crimes were Saturday Night Specials; and,
WHEREAS, numerous public leaders and law enforcement officials have supported a ban on Saturday Night Specials; and,
WHEREAS, the Federal Government has already prohibited the importation of foreign manufactured Saturday Night Specials; and,
WHEREAS, the City Council finds that, 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; 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 grip 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, breechback, cylinder and slide must bc completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength in order to reliably contain thc 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 the ballistic power of many semi-automatic 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 dernngers and sinie 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 desires to promulgate regulations which will be applied to all existing and future handguns intended to be sold in the City of Oalcland to determine whether such handguns are Saturday Night Specials / Junk Guns, the sale of which would be prohibited.
NOW, THEREFORE, THE CITY COUNCL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1
The Oakland Municipal Code shall be amended to add Chapter 2, Article 12, to read as follows:
"ARTICLE 12
PROHIBITION ON THE SALE OF SATURDAY NIGHT SPECIALS.
ALSO KNOWN AS JUNK GUNS
SECTION 2-12.01 TITLE. This Articlc shall be known as the"City of Oakland Saturday Night Special / Junk Gun Sales Prohibition" and may be so cited.
SECTION 2-12.02 PURPOSE AND INTENT. The purpose of this Article is to ensure the health, safety, and general welfare of City of Oakland citizens by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the City of Oakland.
SECTION 2-12.03 DEFINITIONS
(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 2-12.04 EXCLUSIONS. The term "Saturday Night Special" does not include any of thc following:
A. Any pistol which is an. antique or relic firearm or other weapon falkns within the specifications of paragraphs (~), (7) and (8) of subsection (b) of California Penal Code Sestion 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 2-12.05 ROSTER OF SATURDAY NIGHT SPECIALS. On or before January I, 1997, the Chief of Police or his/her designee shall compile, publish and thereafter maintain a Roster of Saturday Nig,ht Specials. The Roster shall list those firearms, by manufacturer and model number, which the Chief of Police or his/her designee detennines fit the definition of Saturday Night Special set forth in Section 2-12.03 .
SECTION 2-12.06 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 2 Article 10 of the 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 2-12.03 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 thc meaning of Section 2-12.03 of the Municipal Code shall be on the recipient.
SECTION 2-12.07 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 fireamn in question as a Saturday Night Special as defined in Municipal Code Section 2-12.03.
B. Upon timely filing of one or more complete applications for reconsideration, the Chief of Police or his/her designee shall evaluate the evidence subr.nitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the fireamn does not constitute a Saturday Night Special within the meaning of Section 2-12.00 ofthe Municipal Code.
SECTION 2-12.08 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 hislher designee to classify the fireamn in question as a Saturday Night Special as defined in Municipal Code Section 2-12.03.
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 Section 2-12.03 of the 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 Section 2-12.03 ofthe 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 in the Municipal Code Section 2-12.03 and to place said firearm on the Roster is final.
SECTION 2-12.09 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 2-12.03 of the Municipal Code. The Chief of Police or his/her designee shall cause the Roster to be published in the following manner:
A. Notification ofthe 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 Oakland; 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 fireanns pursuant to Section 12071 of the Penal Code of the State of California and Chapter 2, Article 10 of the Municipal Code.
SECTION 2-12.10 EFFECTIVE DATE OF ROSTER. The Roster shall become effective on the fifteenth day after its publication.
SECTION 2-12.11 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 detennine 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 Section 2-12.06.
C. Reconsideration bv 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 Specia] in accordance with the provisions of Section 2-12.07.
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 Manazer or his/her designee shall hold a hearing in accordance with the provisions of Section 2-12.08.
E. Additions of Firearms to Roster. After all appeals have been exhausted, the Chief of Police or hisfher designee shall place on the Roster those additional fireamns which have been determined to constitute a Saturday Nig,ht Special within the meaning of Section 2 12.03. The Chief of Police or hislher desi~nee shall cause the Roster, as amended to include these additional fireamns, to be published in accordance with Section 2-12.09.
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 2-12.10.
SECTION 2-12.12 SALE PROHIBITED.
After January I, 1997, no wholesale or retail firearms dealer as licensed by the City of Oakland in Chapter 2 Article IO 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 Califorrua.
SECTION 2-12. 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 Federa] Government for use in the performance of their official duties; nor shall anything in this Article prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.
SECTION 2-12.14 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 Article shall be punishable 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 Articlc 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 non-compliance with the requirements of thc Oakland Municipal Code Chapter 57, Article 10, and subject to the suspension and or revocation of a Fircarms Dealer Permit.
SECTION 2-12.15 SEVERABLITY AND VALIDITY
This A rticle shall be enforced to the full extent of the authority of the City of Oakland. If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City of Oakland, either on its face or as applied, thc invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this Article, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable."
SECTION 2. This Ordinance shall become effective January 1, 1997.
SECTION ~ The Ciry Council finds and determines that:
A. This Ordinance is necessary to protect the public health, safety and welfare; and
B. The findings set forth in support of this Ordinance are true and correct and provide a further basis for this Ordinance; and
C. The foregoing recitals are are true and correct and are an integral part of this Ordinance.
IN AGENCY, OAKLAND, CALIFORNIA,_____________, 19____
PASSED BY THE FOLLOWING VOTE:
AYES- BAYTON, CHANG, DE LA FUENTE, JORDAN, MILEY RUSSO, SPEES, WOODS-JONES, AND
CHAIRPERSON HARRIS
NOES-
ABSENT-
ABSTENTATION-