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SR-701-007 ./ .. ?& /- t?tJ r - " ..(! f EB 1 3 1990 C~:RMM:jld332a/hpc City Council Meeting 2-13-90 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Adding Chapter 5B to the Santa Monica Municipal Code Requiring a Fifteen (15) Day Waiting Period Before the Delivery of Any Rifle At its meeting on January 30, 1990, the city Council introduced for first reading an ordinance requiring a fifteen (15) day waiting period before any person can accept delivery of a rifle. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanYlng ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant city Attorney #:J.(!, fE.B i 3 1990 BEFORE DISTRIBUTIOAIIIECK CONTENT DISTRIBUTION OF RESOLUTION # OF ALL FOR C~CLERK'S ACTION ORDINANCE # IS- / / Introduced: /">0/90 Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval Agenda Item #= Councll Meetlng Date ~~~96 h"-~ /Y6 Was lt amended? VOTE: Afflrmatlve: h" - / Negatlve: Abstaln: Absent: ~ PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flIed ln Vault. NEWSPAPER PUBLICATION (Date: I Department orlglnatlng staff report ( Laurle Lleberrnan) Ordlnances only for Attorney ( Claudla Thompson) 2 ~anagement Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned In document or staff report (certlfled? ) SubJect file (agenda packet) 1 Counter flle 1 Others: (Revlew Alrport Audltorlum for departments who need to know) . Parklng Auth. Personnel BU11dlng Dept. C/ED Plannlng Pollce Purchaslng Recr/Parks f Flnance General Servo Llbrary Manager Flre Transportatlon Treasurer SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Haln Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrlck Santa Monlca Munlclpal Court 1725 Maln Street, Room 118 Santa Monlca, CA 90401 Total Coples ...;.s- I . . t CA:RMM:jld331a/hpc ,City Council Meeting 2-13-90 Santa Monica, California ORDINANCE NUMBER lSll(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 5B. DELIVERY OF RIFLES. Section 3530. Findings. 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 - . . pub 1 ic 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 safety, of the and security of City of Santa of violence will occur. 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 one that is capable of being concealed upon the person, which has a barrel - 2 - . . greater than sixteen (16) length. inches in (2) The term I'rifle" 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 gun II as defined in California Penal Code Section 12200. (c) Any antique relic as defined in Code sections firearm, curio, or California Penal 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 - . . state or federal regulation. law preempts city Section 3532 . waiting Period for Sale of Rifles. Except as otherwise provided for in this Chapter, 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 military 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 - .I, .. . (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 - . . 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: , 4--t~ \r.^- \.y~ ROBERT M. MYERS U city Attorney - 6 - . . Adopted and approved this 13th day of February, 1990. p~ ?:l~ I hereby certify that the foregoing Ordinance No. 1511(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 13th 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: