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O1468 e e CA:RMM:jld229jhpc City council Meeting 2-28-89 Santa Monica, California ORDINANCE NUMBER 1468(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY' OF SANTA MONICA ADDING CHAPTER SA TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE SALE AND POSSESSION OF ASSAULT WEAPONS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY' COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5A is added to the Santa Monica Municipal Code to read as follows: CHAPTER SA. ASSAULT WEAPONS. SECTION 3520. Findings. The Ci ty council finds and declares: (a) The citizens of the city of Santa Monica and surrounding communi ties have recently been experiencing unprecedented episodes of violence and endangerment in the form of random and uncontrolled shootings occurring with semiautomatic assault weapons. (b) There is a significant municipal concern in immediately addressing this matter by removing such weapons from the streets and neighborhoods of the City of Santa Monica. - 1 - e e (c) The public health and welfare of the citizens of the city of Santa Monica urgently require that the sale and possession of assault weapons within the City of Santa Monica be prohibited. SECTION 3521. Definitions. The following terms are defined for purposes of this Chapter as follows: (a) Assault Weapon. An assault weapon is: (1) Any semiautomatic action, center fire rifle, or carbine, with the ability to accept a detachable ammunition magazine capable of holding at least twenty rounds of ammunition including, but not limited to, the following firearms or their replicas: AR 15 semiautomatic assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram Mac-IO semiautomatic assault carbines, Ingram Mac-II semiautomatic assault carbines, Heckler and Koch 93 semiautomatic assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK-47 semiautomatic assault rifles, AKM-47 semiautomatic assault rifles, all Avtomat Kalashnikov weapons, MI-A semiautomatic assault rifles, M-14 semiautomatic assault - 2 - e e rifles, Thompson semiautomatic carbines, and any other semiautomatic carbines manufactured by Auto Ordinance; (2) Any shotgun with a barrel of less than 18 inches and a folding stock or magazine capacity of more than six rounds of ammunition. (3) Any weapon which may be readily restored to an operable assault weapon, as defined in (1) and (2) above. (4) Any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined in (1) or (2) above, or any combination of parts from which an assault weapon may be readily assembled, if those parts are in the possession or under the control of the same person. (5) The term "assault weapon" does not include the fOllowing: any device defined as a "machine gun" in California Penal Code Section 12200; any pistol, revolver, handgun, or other firearm which is capable of being concealed upon one's person, as defined and regulated by the provisions of California Penal Code Sections 12021 and 12025; any firearm which does not use fixed ammunition: any firearm manufactured prior to - 3 - e e 1898; any manually operated bolt action firearm; any lever action firearm; any slide action firearm; any single-shot firearm; any multiple-barrel firearm; any revolving cylinder firearm; any semiautomatic firearm which use exclusively Mannlicher-style clips; semiautomatic weapons manufactured prior to 1954; rim-fire weapons that employ a tubular magazine; any firearm defined in California Penal Code sections 12020(b) (5), (b) (7), or (b) (8); any short-barreled rifle or shotgun as defined in California Penal Code section 12020 (c); any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer def ined as an assault weapon; or any firearm or device subject to regulation by the state or federal government, but only to the extent that state or federal law preempts City regulation. (b) Semiautomatic Weapon. A semiautomatic weapon is a weapon which fires a single projectile for each single pull of the trigger and which is capable of firing more than a single projectile without manual reloading. - 4 - e e SECTION 3522. Sale of Assault weapons Prohibited. Except as otherwise provided for in this Chapter, no person, including any wholesale or retail gun dealer, shall sell, lease, distribute, barter, trade, give, or offer or display for sale, loan, distribution, barter, or trade, or transfer ownership or control of any assault weapon. SECTION 3523. Possession of Assault Weapons Prohibited. Except as otherwise provided for in this Chapter, no person, including any wholesale or retail gun dealer, shall possess any assault weapon on or after May 1, 1989. SECTION 3524. Exceptions. (a) Nothing in this Chapter shall prohibit the acquisition, possession, or disposition of assault weapons by any police department, sheriff's or marshal's offices, the California Highway Patrol, other local, state, and federal law enforcement agencies, or the military and naval forces of this state or of the United states, for use in the discharge of their official duties; nor shall anything in this Chapter prohibi t the possession of assault weapons or their - 5 - It It ammunition magazines regular, salaried, employees, or agents offices, agencies, or other parts by fUll-time officers, of such departments, or forces when such personnel are on duty and the use of assault weapons is within the scope of their duties. (b) The provisions of this Chapter shall not apply to the possession of any assault weapon when such possession is prohibited by the provisions of Section 2010 of the California Fish and Game Code. (e) Notwithstanding the provisions of Sections 3522 or 3523, any person who obtains title to, or ownership or possession of an assault weapon by bequest, gift, or intestate succession may retain possession for a period of time not to exceed sixty (60) days, and shall within that time either transfer title and possession of the weapon to a dealer licensed pursuant to Article 4 of the state of California Penal Code, commencing at section 12250, to the Santa Monica Police Department or other pol ice agency, to such other person authorized by law to possess such assault weapon, or cause the weapon to be destroyed or modified so that it is made permanently inoperable. - 6 - e e (d) An assault weapon may be maintained in the possession of an entity or establishment engaged in the business of motion picture, television, video or theatrical production, but only for the purpose of being utilized as part of the motion picture, television, video, or theatrical production by an authorized participant therein or by an authorized agent or employee of the entity or establishment, and only if the entity or establishment properly secures such assault weapon from unauthorized use. (e) An assault weapon may be possessed by any federal, state, or local historical society, museum or not-for-profit institutional collection which is open to the public, provided any such weapon is properly housed, secured from unauthorized handling and is unloaded. (f) Nothing in this Chapter shall prohibit the sale or possession of any assault rifle when such sale or possession is prohibited by state or federal law. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no - 7 - e e further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, 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 Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. This Ordinance is declared to be an emergency measure adopted pursuant to the provisions of City Charter section 615 and is necessary for preserving pUblic peace, health and safety. The urgency of its adoption is set forth in findings above. - 8 - e e SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Ci ty Charter Section 6l9(d), this Ordinance shall take effect and be in full force immediately after the passage and adoption thereof. APPROVED AS TO FORM: ~~ W\. ~ ROBERT M. MYERS U city Attorney - 9 - . , e e Adopted and approved this 28th day of February, 1989. ~/r Ma I hereby certify that the foregoing Ordinance No. 1468 (CCS) was duly and regularly introduced at a meeting of the city council on the 28th day of February 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 28th day of February 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counci1members: None ATTEST: / - A~. City Clepk ---