Sample Ordinances and Policies Related to Junk Gun Controls.

WHEREAS, the City of San Pablo has at least two licensed gun dealers located within its commercial districts, and the unverified estimate of such gun dealers is that they sell weapons commonly known as "Saturday Night Specials," or "junk guns" at the rate of approximately 60 to 70 per year;

WHEREAS, Saturday Night Specials 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. In San Pablo since 1993, sixty percent of the handguns confiscated by police have been 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 more Californians now die from guns than from car accidents; and

WHEREAS, the Contra Costa County Health Services Department FIRST Project's "Profile of Firearm Injuries and Deaths in Contra Costa County", published in April, 1996, shows a direct correlation between higher poverty and unemployment rates and the incidence of firearm injuries; and

WHEREAS, according to the 1990 U.S. Census, and the City's Housing Element, the City of San Pablo is the poorest city in Contra Costa County, with the lowest median household income in the ninecounty Bay Region, with the exception of one city in Napa County and two cities in Sonoma County. The City of San Pablo also has the highest percentage of persons living below the poverty rate in Contra Costa County. Unemployment statistics provided by the State Economic Development Department for December, 1993 show that although unemployment in the Bay Area

is decreasing, San Pablo continues to have one of the highest unemployment rates in the area. The unemployment rate in contra Costa County is only 5.8%, while in San Pablo it is 11.7%; and

WHEREAS, the City of San Pablo is an exceedingly small city, comprising only 2.6 square miles. The latest Department of Finance estimate for the City is 26,181 persons (January, 1994). With over 10,000 persons per square mile, San Pablo is one of the most densely populated cities in the Bay Area. Over 18% of San Pablo's households are overcrowded. In the San Francisco Bay Region approximately 8% of the households are considered to be overcrowded (1990 U.S. Census). Most of the City is in redevelopment project areas, with blighted buildings and surroundings. The City also has a reputation as an area high in crime and gang activities. Such reputation serves to discourage people from living in or visiting the City; and

WHEREAS, the Federal Government has already prohibited the manufactured Saturday Night Specials; and importation of foreign

WHEREAS, 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; and

WHEREAS, the City of San Pablo is a participant in one such regional approach entitled the "East 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; and

WHEREAS, even within the East Bay Corridor, the City of San Pablo has an extremely high rate of crime and violence. Since 1993, for example, there have been 33 homicides in this small city of 2.6 square miles, most or all of which were committed with handguns. Of those 33 killings, three were committed with that type of handgun commonly known as Saturday Night Specials. The City Council finds that every human life is valuable, and the protection of human life is a compelling interest of the City. The City Council wishes to address that portion of gun violence which it is permitted t£ do so by state 1~s The City Council chooses to ban the sale of Saturday Night Specials for several reasons which it deems compelling. It is probable that such a ban would have prevented the deaths of three people in the past three years, and innumerable other crimes of violence, will in fact prevent future deaths and crimes, and will therefore contribute to the extent possible to a desired decline in the high incidence of gun violence in the city and an increase in the quality of life in the City. Such a ban will protect the public health, safety and welfare by helping to prevent accidental injuries resulting from the unsafe manufacture and use of such guns.

WHEREAS, 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, 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; and

WHEREAS, such cosmetic remodeling by firearms manufacturers does not ameliorate the core design deficiencies of Saturday Night Special handguns. Saturday Night Special handguns continue to be dangerous products due to their low quality of manufacture and metallugy so as to be unacceptable in commerce; and

WHEREAS, 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, 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; and

WHEREAS, 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; and

WHEREAS, 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 San Pablo and the Ordinance is designed to protect the health, safety and general welfare of the community; and I

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

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN PABLO DOES ORDAIN AS FOLLOWS:

Section 1: The San Pablo Municipal Code shall be amended to add Chapter 9.11 to read as follows:

"CHAPTER 9. 11

PROHIBITION ON SALE OF SATURDAY NIGHT SPECIALS

Sections

9.1 1.010 Title

9.11.020 Purpose and Intent

9.1 1.030 Definitions

9.1 1.040 Exclusions

9.11.050 Roster of Saturday Night Specials

9.1 1.060 Notification

9.11.070 Reconsideration by the Chief of Police

9.11.080 Appeal of Classification

9.1 1.090 Publication of the Roster

9.11.100 Effective Date of Roster

9.11.110 Additions to the Roster

9.11.120 Sale Prohibited

9.11.130 Exemptions

9.11.140 Penalty

9.11.010. TITLE. This Chapter shall be known as the "City of San Pablo Saturday Night Specials/Junk Gun Sales Prohibition" and may be so cited.

9.11.020. PURPOSE AND INTENT. The purpose of this Chapter is to ensure the health, safety, and general welfare of City of San Pablo citizens by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the City of San Pablo.

9.11.030. DEFINITIONS. Except as provided in Section 9.11.040, the term "Saturday Night Specials," 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 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 (B), "semiautomatic pistol" shall mean a

firearm, as deemed 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.

9.1 1.040. EXCLUSIONS. The term "Saturday Night Specials" does not include any of the following;

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.

9.11.050 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 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. 11.030.

9.11.060 NOTIFICATION. Upon completion of a list of firearms to be placed on the Roster for the first time, the Chief of Police or his/her designee shall endeavor to send written notification to: (1) the manufacturers 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 9.10 of the San Pablo Municipal Code. Such notification shall do the following:

Identify the model number of the firearm which has been classified as a Saturday Night Special within the meaning of Section 9.11.030; 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 9.11.030 shall be on the

recipient.

9.11 070. RECONSIDERATION BY THE CHIEF OF POLICE.

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 Section 9. 11.030.

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 9.11.030.

9.11.080. 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(a) 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 9.11.030.

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 9.11.030.

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. 11.030.

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

9.11.030 and to place said firearm on the Roster is final.

9.11.090. 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 measuring of Section 9.11.030. 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

newspaper designated by the City and circulated in the City within fifteen (15) days

after its completion; and

B. A certified copy of the Roster shall be led in the office of the City Clerk; and

C. A certified copy of the Roster shall be distributed to every dealer within the City who

is licensed to sell and transfer firearms pursuant to Section 12()71 of the Penal Code

of the State of California and Chapter 9.10 of this Code.

9.11.100. Effective DATE OF ROSTER. The Roster shall become effective on the fifteenth (15th) day after its publication.

9.11.110. ADDITIONS TO THE ROSTER. The Roster shall be reviewed as necessary by the Chief of Police to determine the need to place firearms on the Roster. Upon identifying one or more firearms as a Saturday Night Special, the Chief of Police or his/her designee shall prepare a draft list of the additions to the Roster.

A. Notification of Additions to Roster. Whenever 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 9.11.060.

B. Reconsideration by Chief of Police Any person who the Chief of Police or his/her designee notifies pursuant to subsection (A) above, may apply for reconsideration of the classification of that firearm as a Saturday Night Special in accordance with the provisions of Section 9.11.070.

C. 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 9. 11.080.

D. 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 9.11.030. 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 9.11.090.

E. 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 (15th) day after its publication as set forth in Section 9.11.100.

9.11 .120. SALE PROHIBITED. After January 1, 1 997, no wholesale or retail firearms dealer as licensed under Chapter 9.10 of the San Pablo 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 Sate of California.

9.11.130 EXEMPTIONS. Nothing in this Chapter 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.

9.11.140. PENALTY. Any person violating any of the provisions of the Chapter shall be guilty of an infraction, and shall be punished as set forth in Section 1.08.020 of this Code. 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 Chapter is committed, continued or permitted by such person and shall be punishable accordingly. In addition, any person found to be in violation of this Chapter shall be considered in noncompliance with the requirements of Chapter 9.10 and subject to suspension and/or revocation of a Firearms Dealer Permit or Use Permit."

Section 2: Severability. If any sections, subsections, sentences, clauses, phrases or portions of this ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause of this ordinance whether or not any one or more sections, subsections, phrases or clauses may be declared invalid or unconstitutional on their face or as applied.

Section 3: The City Council determines with certainty that there is no possibility that this ordinance may produce significant environmental effects, and is therefore exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Council therefore directs the Planning Division Manager to file a Notice of Exemption with the Contra Costa County Clerk.

Section 4. The City Council finds and determines that this ordinance is necessary to protect the public health, safety and welfare; that the findings set forth in this ordinance are true and correct and provide a further basis for this ordinance; and that the foregoing recitals are true and correct and are an integral part of this ordinance.

Section 5. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.

First read at a regular meeting of the City Council of the City of San Pablo on the 15th day of July, 1996, and finally passed and adopted at a regular meeting of said City Council held on the 5th day of August, 1996, by the following vote:

AYES: COUNCILMEMBERS Vigil, Wysinger, Gomes, Palmer, Brown

NOES: COUNCILMEMBERS None

ABSENT: COUNCILMEMBERS None

ABSTAIN: COUNCILMEMBERS None

ATTEST:

Charlotte Maggard, City Clerk

APPROVED:

Sharon J. Brown, Mayor