SR-701-007 (7)
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CA:RMM:r.md555a/hpc
vlty Council Meeting 11-10-87 Santa Monica,
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V 1,0 198'1
Ca11 orn1a
"
STAFF REPORT
TO:
Mayor and city Council
City Attorney
...
FROM:
SUBJECT:
Ordinance Adding section 3512 to the Santa
Monica Municipal Code to Prohibit the
Sale of Replica Firearms
At its meeting on October 27, 1987, the City Attorney
presented to the city Council an ordinance prohibiting the
brandishing of replica firearms and requiring warning labels in
connection with the sale of replica firearms. After hearing from
the public, City council indicated that it desired to prohibit
the sale of replica firearms in lieu of the warning label
requirement recommended by the City Attorney. Accordingly, the
City Council continued this matter to November 10, 1987, so that
the city Attorney could notify the toy sellers within the city of
the proposed prohibition on the sale of replica firearms.
The ordinance that was presented to the City council at its
meeting on October 27, 1987, included a prohibition against the
brandishing of replica firearms.
Since that City Council
meeting, the City Attorney has reviewed the provisions of
Assembly Bill 295, which was approved by the Governor on
September 12, 1987. (A copy of Assembly Bill 295 is contained in
Appendix A.)
Assembly Bill 295 adds Section 417.2 to the
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e-A
NOV 1 0 1981
California penal.ode to prohibit the bra!iShinq of
replica
"
firearms. This law will become effective January 1, 1988.
At this time there appears no reason to add a local
prohibition against the brandishing of replica firearms.
Effective January 1, 1988, any local prohibition would be
preempted since it would duplicate provisions of state penal law.
See Cohen v. Board of Supervisors, 40 Cal. 3d 277, 707 P.2d 840,
219 Cal. Rptr. 467 (1985).
Accordingly, the accompanying
ordinance, which adds Section 3512 to the Santa Monica Municipal
Code, prohibits any person in the regular course of business from
selling replica firearms, but does not regulate the brandishing
of replica firearms.
On October 29, 1987, a letter was sent to the toy sellers
in the City of Santa Monica apprising them of the proposed
ordinance. A copy of the notification along with the list of
businesses notified is contained in Appendix B.
It remains the recommendation of the City Attorney that a
warning label requirement be imposed in lieu of a prohibition on
sale.
Given the availability of replica firearms throughout
California, the City Attorney does not believe that prohibiting
their sale in Santa Monica would curtail the availability of
replica firearms or solve the problems caused by these objects.
This conclusion is buttressed by the City Attorney's opinion that
even as changed, the ordinance only accomplishes part of its
purpose. While the sale of replica firearms will be prohibited,
their
possession
in
public
places
will
be
permitted.
Consequently, even if the replica firearms are not brandished or
used in an intentionally threatening manner, they still can give
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rise
to alarm a. when displayed in PUbli~ will likely cause
<::
confusion on the part of the public and law enforcement
personnel, who will mistake them for actual firearms.
In light of these concerns, any prohibition of the sale of
replica firearms needs to come from the State. Thus, recognizing
that replica firearms would still be available and could be
publicly displayed even if Santa Monica prohibited sales, the
warning label approach requirement would educate the public about
the appropriate uses and dangers of replica firearms. Moreover,
local legislative efforts to prohibit the sale of replica
firearms may appear incongruous when there is no similar
prohibition on the sale of real firearms.
If the City Council desires to impose a warning label
requirement, the following paragraph should be substituted for
subdivision (b) in the accompanying ordinance:
(b) No person in the regular course
of business shall offer for sale or sell
any replica firearm unless a warning label
has been attached to the package, box, or
other container containing the replica
firearm as follows:
(1) The warning label shall
be printed in at least l4-point type.
(2 ) The warning label shall
be printed in red ink against a white
background.
(3) The warning label shall
be affixed to a package or box containing
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the re~ica firearm so that it i~learlY
visible to the purchaser.
( 4 ) The warning label shall
state, in English and in spanish, the
following:
WARNING
1. Santa Monica Municipal Code 3512
makes it a misdemeanor to draw, exhibit,
or brandish this replica firearm in a
rude, angry, or threatening manner.
2. Children have been accidentally
killed or injured because replica firearms
have been mistaken for real firearms.
Exercise caution in the use of this
replica firearm.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:rmd556a/hP~
Gity council Meeting 11-10-87
.
,
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3512 TO THE
SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE
SALE OF REPLICA FIREARMS
WHEREAS I needless loss of life, including the lives of
children, has occurred across the United States due to toy guns
being mistaken for real guns; and
WHEREAS, the availability of replica firearms in the City
endangers the safety of young people in our community; and
WHEREAS, the prohibition of the sale of replica firearms
may lead to the prevention of injury or loss of life,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 3512 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 3512. Replica Firearms.
(a)
Definitions.
For purposes of
this Section, the following words and
phrases shall have the following meanings:
(1)
Replica Firearm.
Any
device or object made of plastic, wood,
metal, or any other material which is a
facsimile or toy version of, or is
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.
otherw.l.se recognizable as,
.
a pistol,
revolver,
shotgun,
sawed-off
shotgun,
rifle, machine gun, rocket launcher, or
any other firearm and shall include toy
guns, movie props, hobby models (either in
kit form or fully assembled), starter
pistols, air rifles, pellet guns, BB guns,
or any other device which might reasonably
be perceived to be a firearm.
(2)
Firearm.
All
items
included in the meaning of firearm as
defined in Title 2 of Part 4 of the
California Penal Code.
(b) Prohibition of Sale. No person
in the regular course of business shall
offer for sale or sell any replica
firearm.
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
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declares that it4ltUld have passed this ord~nce, 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. 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:
~~. =0-
ROBERT M. MYERS
City Attorney
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.
APPENDIX A
.
.
LEG1SL.z..T'I,YE
BILL
TEXT
(C)1984
BILLTRAK-CIH
ELEC'IROln:C -DATA' SY2l'EHS
tp
ASS E H B L Y
B ILL
295
CHAPTER 597
STATUTES OF 1987
An act to add section 417.2 to the Penal Code, relating
to crime.
[APPROVED BY GOVERNOR SEPTEMBER 12, 1987. FILED WITH
SECRETARY OF STATE SEPTEMBER 1~, 1987.J
LEGISLATIVE COUNSEL'S DIGEST
AB 295, Tucker. Replica of a firearm.
(1) Existing law provides that a person who brandishes a
firearm in the presence of a peace officer, as defined, is guilty
of a felony, punishable by imprisonment in the county jailor in
the state prison.
This bill would make it a misdemeanor for a person to draw or
exhibit a replica of a firearm, as defined, in a threatening
manner against another person in such a way as to cause a
reasonable person apprehension or fear of bodily harm. Thus the
bill would impose a state-mandated local program by creating a
new crime.
(2) The California Constitution requires the state to
re1mburse local agencies and school districts for certain costs
mandated by the state. statutory provisions establish procedures
for making that reimbursement.
This bill would provide that no reimbursement is required by
this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 417.2 is added to the Penal Code, to read:
417.2. (a) Every person who, except in self-defense, draws or
exhibits a replica of a firearm in a threatening manner against
another in such a way as to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor.
(b) As used in this section, "a replica of a firearm" means
any device with the apparent capability of expelling a projectile
by the force of air or an explosion and which is reasonably
perceived by the person against whom the device is drawn or
exhibited to be an actual firearm, including starter pistols and
air guns.
SEC. 2. No re1mbursement 1S required by this act pursuant to
section 6 of Article XIII B of the California Constitution
because the only costs which may be incurred by a local agency or
.
.
APPENDIX B
. CITY.
SANTA MONICA
CALIF0I~~IA
OFFICE Of THE ClT) A.. TTOR'\f)
\;"1.1"1 I ~):::- :jfL:j -:.. I ~)! \1 \
1:13i-l<~ 8336
October 29, 1987
Gentlepeop1e:
This letter is to inform you that on November 10, 1987, tte
City Council of the City of Santa Monica will consider an
ordinance prohibiting the sale of replica firearms in the City of
Santa Monica. A replica firearm is defined in the proposej
ordinance to include a wide varie~y of toys that resemble real
firearms.
The ordinance will be considered at the city Councll
meeting which begins at 7:30 p.m. in City, 1685 Main street,
Santa Monica, California. If the ordinance is Ultimately
adopted, it is not likely to become effective until after
Christmas. A copy of the Staff Report on the proposed ordinance
will be available in the office of the City Attorney on
Wednesday, November 4, 1987.
Sincerely yours,
~ '-'. '--0--
ROBERT M. MYERS
City Attorney
RML584/hpca
nn H.\LL ]t>~':: \1.\1' STRl:.ET S""T-'\ \1D'll-\ C.\LIIOR"'\ QCi-""J <>)'::
T
/ / school district wi.e incurred because thiS. creates a new
crime or infraction, changes the definition of a crime or
..
REPORT DATE: 10/30/87
AB0295
PAGE
2
infraction, changes the penalty for a crime or infraction, or
eliminates a crime or infraction.
LEGEND: <Deleted text> [NEW TEXT]
END OF BILL TEXT
. .
Drug King
, , ~228 Santa Monica Mall
Santa Monica, California 90~01
Drugtown Pharmacy
802 7th street
Santa Monica, California 90403
Patton's Pharmacy
734 Montana
Santa Monica, California 90403
Regent Square Pharmacy
1631 Montana
Santa Monica, California 90403
Valu-Rite
1401 Santa Monica Mall
Santa Monica, California 90401
Seasons
1021 Montana
Santa Monica, California 90403
The Mole Hole
2708 Main Street
Santa Monica, California 90405
Aahs
3223 Wilshire Boulevard
Santa Monica, Californ1a 90403
Card Fever
178 Santa Monica Place
Santa Monica, California 90401
Homeworks
2923 Main Street
Santa Monica, California 90405
Beachcomber Gift Shop
320 Santa Monica pier
Santa Monica, California 90401
Card America
359 Santa Monica Place
Santa Monica, California 90401
Von's
1311 Wilshire Boulevard
Santa Monica, California 90403
Safeway
710 Broadway
Santa Monica, California 90401
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~ . J Name1
Addressl
Address2
Bear Threads
1624 Montana
Santa Monica, California 90403
Brentwood Toys & Party Goods
225 26th Street
Santa Monica, California 90402
Evett's Model Shop
1636 Ocean Park Boulevard
Santa Monica, California 90405
Imagine
1001 Montana Avenue
Santa Monica, California 90403
Karl's Toys Hobbies & stationers
314 Santa Monica Place
Santa Monica, California 90401
Play 'N' Learn Toys
703 Montana Avenue
Santa Monica, California 90403
Second Chance Children's Recycling Center
723 Broadway
Santa Monica, California 90401
Three Wishes
1713 Robson Avenue
Santa Monica, California 90405
Mad Marketing
1218 Santa Monica Mall
Santa Monica, california 90401
Haber's Youth Mart
1446 Santa Monica Hall
Santa Monica, California 90401
Aero Hobbies
1319 Santa Monica Boulevard
Santa Monica, California 90404
Wilshire Model Center
2836 Santa Monica Boulevard
Santa Monica, California 90404
Broadway Department Store
315 Colorado Avenue
Santa Monica, California 90401
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Henshey's Departmtll Store
j . ,402 Santa Monica Boulevard
,. . . 4
Santa Mon1ca, Cal1forn1a 90401
.
J.J. Newberry Stores
1300 Santa Monica Mall
Santa Monica, California 90~01
J.J. Newberry Stores
1319 Wilshire Boulevard
Santa Monica, California 90403
J.C. Penney Co., Inc.
1202 Santa Monica Mall
Santa Monica, California 90401
Robinson's
103 Santa Monica Place
Santa Monica, California 90401
Sears, Roebuck & Co.
302 Colorado
Santa Monica, California 90401
Sav-On-Oseo Drug
2505 Santa Monica Boulevard
Santa Monica, California 90404
Thrifty Drug
2412 West pico Boulevard
Santa Monica, California 90405
Thrifty Drug
1808 Wilshire Boulevard
Santa Monica, California 90403
Thrifty Jr.
1331 Wilshire Boulevard
Santa Monica, California 90403
Thrifty Jr.
1228 Third Street
Santa Monica, California 90403
F.W. Woolworth Co.
1322 Santa Monica Mall
Santa Monica, California 90401
Airport Rexall Pharmacy
3250 Pico Boulevard
Santa Monica, California 90405
Central Pharmacy
327 Wilshire Boulevard
Santa Monica, California 90401
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. · · Irucky I s Food Center
2627 Lincoln Boulevard
Santa Monica, California 90405
Brentwood Country Mart
225 26th street
Santa Monica, California 90402
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