San Francisco Gun Control Ordinance

Sample Ordinances and Policies Related to Junk Gun Controls.

6/24/96 As amended in Committee.

FILE NO l2196l0

[Regulating the Sale of "Saturday Night Specials"]

ORDINANCE NO.

AMENDING THE SAN FRANCISCO MUNICIPAL CODE, PART II, CHAPTER 8
(POLICE CODE) BY AMENDING SECTIONS 613.1 AND 613.10 THERETO, AND
ADDING SECTION 613.101 TO DEFINE AND PROHIBIT THE SALE OF CERTAIN
FIREARMS DEEMED "SATURDAY NIGHT SPECIALS."

Note: Additions or substitutions are indicated by underlining.

Be it ordained by the People of the City and County of San Francisco:

Section 1. Findings.

1. In recent years, firearms have eclipsed automobiles as the primary cause of injuryrelated mortality in California and at least five other states.

2. The Federal Centers for Disease Control and Prevention have projected that firearms will become the primary cause of injuryrelated mortality nationwide by 2003.

3. Firearms are the leading killer of Californians under the age of 24, killing more Californians in that age group than motor vehicle injuries, AIDS, heart disease, and cerebrovascular disease combined.

4. Guns are widely and easily available in California. There are more than twice as many gun dealers in California as there are schools.

5. The United States government has taken steps to prevent the importation into this county of poorly made, easily concealable handguns manufactured abroad (commonly known as "Saturday Night Specials" or "junk guns"), but has not taken steps to prohibit the sale of similar, domestically manufactured handguns.

6. Thousands of small handguns are sold in the United States to those who purchase them for protection purposes. According to the University of California, Davis's Violence Prevention Research Program, most of these guns are manufactured in California.

7. Saturday Night Specials are disproportionately used in crimes. Studies conducted by the federal Bureau of Alcohol, Tobacco and Firearms ("BATF") and others have shown that well over half the guns confiscated by police are worth less than $50, have barrel lengths of three inches or less, or are .32 caliber or smaller. These guns have an approximate retail value in San Francisco of $75 to $100.

8. Other studies have shown that 62 percent of the guns seized at crime scenes from 19911993 were produced by California based manufacturers of Saturday Night Specials.

9. According to BATF, eight out of the ten firearms most frequently traced nationally to crime scenes in 1995 were Saturday Night Specials.

10. Saturday Night Specials have been shown to be three times more likely to be traced to criminal activity than handguns manufactured to modern safety standards from quality materials.

11. Saturday Night Specials, as defined in this legislation, are an inherently unsafe product.

12. In recent years, firearms manufacturers have made token modifications to Saturday Night Specials that have resulted in no advancement, or only marginal advancement, in the durability of these handguns.

13. Cosmetic remodeling of Saturday Night Specials has not ameliorated the core design deficiencies of these guns, such as their low quality manufacture and metallurgy.

14. The State of California has not, expressly or impliedly, preempted the area of regulation of firearms sales and has specifically authorized local licensing and regulation of gun dealers.

15. The State has not sufficiently addressed the problems resulting from the sale of Saturday Night Specials, forcing cities to enact local measures to address the threat to the public's health and safety posed by these guns.

Section 2. Part 1I, Chapter 8 of the San Francisco Municipal Code (Police Code) is hereby amended by amending section 613.1, to read as follows:

SEC. 613 .1. DEFINITIONS.

A. "Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

B. "Firearm Ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of firearm.

C. "Firearm Ammunition Component" shall mean any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used in the manufacture of ammunition.

D. "Saturday Night Special" shall mean any of the following:

1. 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 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.

2. a semiautomatic pistol which:

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

(b) 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.

(c) For purposes 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 weapon designated in California Penal Code section 12276.

3. 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:

(a) uses an action mechanism which is substantially identical in design to

any action mechanism manufactured in or before 1989 that was originally chambered for rimfire ammunition developing maximum permissible breech pressures below 19, 000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute: and

(b) 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 Manufactures Institute: and

(d) if rimfire. is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.

"Saturday Night Special" does not include any of the following:

1. Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraph (5)., (7) and (8) of subsection (b) of California Penal Code section 12020: or

2. 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.

3. Children's pop guns or toys: or

4. An "unconventional pistol" as defined in California Penal Code section 12020 (c)(12): or

5. 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."

Section 3.

Part II, Chapter 8 of the San Francisco Municipal Code (Police Code) is hereby amended by amending section 613.10, to read as follows:

SEC. 613.10. LICENSE CONDITIONS. In addition to all other requirements and conditions stated in this Article, each license shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the license by the Chief of Police located at the street address shown on the license.

(a) The business shall be carried on only in the building

(b) The licensee shall comply with Sections 12073, 12074,

12076, 12077 and 12082 of the California Penal Code, to the extent that the provisions remain in effect.

(c) The licensee shall not deliver any pistol or revolver to purchaser earlier than 15 days after the application for the purchase, lease or transfer, unless otherwise provided by state or federal law.

(d) The licensee shall not deliver any firearm to a purchaser, lessee or other transferee unless the firearm is unloaded and securely wrapped or unloaded in a locked container.

(e) The licensee shall not deliver any firearm, firearm ammunition, or firearm ammunition component to a purchaser, lessee or other transferee unless the purchaser, lessee or other transferee is personally known to the seller or presents clear evidence of his or her identity and age to the seller. As used in this Section, "clear evidence of his or her identity and age" includes, but is no limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card. an employment identification card which contains the bearer's signature and photograph' or any similar documentation which provides the seller reasonable assurance of the identity and age of the purchaser.

(f) The licensee shall not display in any part of the premises where it can be readily seen from outside the premises, any firearm, firearm ammunition or imitation thereof, or placard advertising the sale or other transfer thereof, other than a sign identifying the name of the business.

(g) The licensee shall not sell, lease or otherwise transfer any firearm without also selling or otherwise providing with each firearm a trigger lock or similar device approved by the Chief of Police that is designed to prevent the unintentional discharge of the firearm.

(h) The licensee shall not sell, lease or otherwise transfer to any person any ammunition clip or magazine that has the capacity to contain more than 15 rounds of ammunition.

(i) The licensee shall not sell, lease or otherwise transfer to any person any ammunition that has no sporting purpose and is designed to expand upon impact. Such ammunition includes, but is not limited to, Black Talon bullets.

(j) The licensee shall not sell, lease or otherwise transfer any firearm to any person under the age of 18 years, and shall not sell, lease or otherwise transfer any pistol, revolver, or firearm capable of being concealed upon the person to any person under the age of 21.

(k) The licensee shall not sell, lease or otherwise transfer any firearm ammunition to any person under the age of 18 years, and not sell, lease or otherwise transfer any ammunition capable of being used in a pistol, revolver, or firearm capable of being concealed upon the person to any person under the age of 21.

(1) The licensee shall not sell, lease or otherwise transfer any firearm to any person whom the licensee has reason to believe is within any of the classes prohibited by California Penal Code Sections 12021 or 12021.1 or California Welfare and Institutions Code Sections 8100 or 8103.

(m) The licensee shall post within the licensee's premises a notice explaining the age restrictions set forth in Subsections (j) and (k) above. The posted notice shall be in a conspicuous location and shall have lettering of sufficient size such that the notice can easily and clearly be seen by all prospective purchasers of firearms

and firearm ammunition.

(n) The licensee shall not sell. lease or otherwise transfer any "Saturday Night Special." Any license issued pursuant to this Article shall be subject to such additional conditions as the Chief of Police finds are reasonably related to the purpose of this Article.

Section 4. Part II, Chapter 8 of the San Francisco Municipal Code (Police Code) is hereby amended by adding section 613.101, to read as follows:

SEC. 613.101. PROCEDURES REGARDING SATURDAY NIGHT SPECIALS

A. Roster of Saturday Night Specials. On or before January

1. 1997. the Chief of Police or the Chief's designee shall compile.

publish. and thereafter maintain a Roster of Saturday Night 7 Specials. The Roster shall list those firearms. by manufacturer and model number. which the Chief determines fit the definition of Saturday Night Special set forth in Section 613.1. All references to "the Chief" in this section shall mean the Chief of Police or the Chief's designee,

B. Notification. Upon completion of a list of firearms to be placed on the Roster for the first time. the Chief 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 California Penal Code and this Chapter of the Municipal Code. Such notification shall do the following:

1. Identify the model number of the firearm which has been classified as a Saturday Night Special within the meaning of Section 613.1:

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

3. Advise the recipient that the burden of proving a

firearm does not constitute a Saturday Night Special within the

meaning of Section 613.1 shall be on the recipient.

C. Reconsideration by the Chief of Police.

1. Prior to the effective date of this ordinance. the Chief shall establish standards and procedures for the form and content of an application. the conduct of an administrative hearing. and the evaluation of evidentiary testimony relating to the decision of the Chief to classify the firearm in question as a Saturday Night Special as defined in Section 613.1.

2. Upon timely filing of one or more complete applications for reconsideration, the Chief 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

613.1.

D. Appeal of Classification.

1. If the Chief determines that the firearm under reconsideration has been properly classified as a Saturday Night Special. then the applicants) shall have the right to appeal such decisions to the Police Commission, and the applicant(s) shall have the right to a hearing before the Police Commission, or a hearing officer designated by the Commission prior to inclusion of the firearm in question on the Roster.

2. The Police commission is authorized to establish standards and procedures for the form and content of an appeal, the conduct of an administrative hearing, and the evaluation of evidentiary testimony relating to the Chief's decision to classify the firearm in question as a Saturday Night Special as defined in Section 613.1.

3. The burden of proof shall be on the appellant(s) demonstrate that the firearm does not constitute a Saturday Night Special within the meaning of Section 613.1.

4. In all instances, the decision of the Police Commission whether to classify the firearm in question as a Saturday Night Special as defined in Section 613.1 and to place said firearm on the Roster is final.

E. Publication of Roster. The Chief shall place on the Roster each firearm which have been determined to constitute a Saturday Night Special within the meaning of Section 613.1. The Chief shall cause the Roster to be published in the following manner:

1. The Roster shall be published at least once in the official newspaper as designated by the City and circulated within the City within fifteen (15) days after the Roster's completion; and

2. A copy of the Roster shall be filed in the Chief's office and

3. A copy of the Roster shall be distributed to every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the California Penal Code and this Chapter of the Municipal Code.

F. Effective Date of Roster. The Roster shall become effective on the fifteenth day after its publication

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

SemiAnnual Determination. On a semiannual basis, the Chief shall determine the need to place firearms on the Roster. Upon identifying one or more firearms as a Saturday Night Special, the Chief shall prepare a draft list of the additions to the Roster.

Nonexclusivity of Roster. The Roster is meant to be illustrative of the types of weapons which gun dealers are prohibited from selling in San Francisco. The sale of firearms not listed on the Roster. but having the characteristics described in Section 613.1. is prohibited under Section 613.l0.

Section 5. The Provisions of this legislation shall take effect on January 1. 1997.

Section 6. If any subsection, sentence, clause. phrase or word of this ordinance be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this ordinance or any part thereof. The Board hereby declares that it would have adopted this ordinance notwithstanding the unconstitutionality, invalidity. or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words.

APPROVED AS TO FORM:

LOUISE H. RENNE City Attorney