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O1511 e e CA:RMM:jld331a/hpc City Council Meeting 2-13-90 Santa Monica, California ORDINANCE NUMBER 15ll(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 5B TO ARTICLE III OF THE SANTA MONICA MUNICIPAL CODE REQUIRING A FIFTEEN (15) DAY WAITING PERIOD BEFORE THE DELIVERY OF ANY RIFLE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5B is added to Article III of the Santa Monica Municipal Code to read as follows: Chapter SB. DELIVERY OF RIFLES. Section 3530. Findinqs. The city Council finds and declares: (a) The sale of firearms other than concealed weapons is largely unregulated within the City of Santa Monica and the State of California. As a result, almost any adult can purchase and take delivery of a rifle or other similar firearm without forethought or while severely emotionally upset, depressed, or enraged. (b) In the hands of such a purchaser, a rifle poses a threat to the - 1 - e e public health, every resident Monica. (c) Purchasers of rifles who are emotionally upset, depressed, or enraged have used these weapons to cause numerous deaths, including suicides, as well as severe bodily injuries. Their victims are frequently innocent family members, neighbors, and children. (d) These deaths and injuries can be reduced or eliminated if the purchaser is required to wait at least fifteen (15) days before accepting delivery of the weapon. During this waiting period many purchasers' emotional upset will subside or the purchaser will be able to obtain necessary counseling, thereby diminishing the risk that random and senseless acts of violence will occur. safety, of the and security of City of Santa one that upon the section 3531. Definitions. The following terms are defined for purposes of this Chapter as follows: (a) Rifle. A rifle is: (1) Any firearm other than is capable of being concealed person, which has a barrel - 2 - ~ :.' e e greater than sixteen (16) length. inches in (2) The term urifleu does not include any of the following: (a) Any pistol, revolver, or other firearm capable of being concealed upon the person which is defined and regulated by the provisions of California Penal Code sections 12001, 12021, 12025, and 12071(a) (3) . (b) Any "machine gunff California Penal Code as defined in Section 12200. (c) Any antique firearm, curio, or relic as defined in California Penal Code Sections 12020(b)(5) and 12020{b) (7). (d) Any weapon defined in California Penal Code sections 12020(b) (8) and 12276. (e) Any short barreled shot-gun or rifle as defined in California Penal Code section 12020(c). (f) Any firearm or device subject to regulation by the state of California or the United States government, but only to the extent that - 3 - 1 e e state or federal regulation. law preempts city Section 3532. Waiting Sale of Rifles. Except as provided for in this Chapter, Period for otherwise following an agreement to purchase, lease, trade, or barter exchange any rifle, no person, including any wholesale or retail gun dealer, shall deliver possession or control of any rifle unless at least fifteen (15) calendar days have elapsed since the time that the transaction was otherwise consummated. Section 3533. Exceptions. (a) Nothing in this Chapter shall prohibit the acquisition or disposition of any rifle by any police department, sheriff's or marshal's offices, the California Highway Patrol, other local, state, and federal law enforcement agencies, or the mil i tary and naval forces of the state of California or the United states. (b) Nothing in this Chapter shall apply to the exchange of any rifle by gift, bequest, or intestate succession. - 4 - j e e (c) Nothing in this Chapter shall affect any transaction between a wholesale gun dealer and any other retail gun dealer who is receiving the rifle for inclusion in its inventory and later sale. (d) Nothing in this Chapter shall affect the delivery of any rifle when such delivery is prohibited by state or federal law. SECTION 3534. This Chapter shall January 1, 1991. Effective Date. become effective on 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 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 - 5 - # e e any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: I ~--t~ \rv-,,- \.~~ ROBERT M. MYERS LJ city Attorney - 6 - , e It Adopted and approved this 13th day of February, 1990. 2-. ? ~~ or I hereby certify that the foregoing Ordinance No. l511(CCS) was duly and regularly introduced at a meeting of the city Council on the 30th day of January 1990; that the said ordinance was thereafter duly adopted at a meeting of the City Council on the l3th day of February 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Reed ATTEST: "'- a6~--~~- ~. Citf -:l~:~ _