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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
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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
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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
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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.
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(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
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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
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It
Adopted and approved this 13th day of February, 1990.
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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:
"'-
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