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SR-101596-8-B /' 88 CA:f:atty\muni\strpts\mhs\satnite city council Meeting 10-15-96 OCT 1 5 1996 Santa Monical California TO: Mayor and City Council FROM: city Attorney SUBJECT: An Ordinance of the City council Adding Chapter 3.26 to the Municipal Code Prohibi ting the Sale of certain Handguns Commonly Known as Saturday Night Specials INTRODUCTION At its meeting on October 8, 1996, the city Council introduced for first reading an ordinance prohibiting the sale of certain handguns commonly known as Saturday Night specials. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutriel city Attorney Mary H. Strobel, Deputy city Attorney 88 OCT f 5 1996 CA:f:\atty\muni\laws\mhs\satnite City Council Meeting 10-15-96 Santa Monica, Californla ORDINANCE NUMBER 1867(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 3.26 TO THE MUNICIPAL CODE PROHIBITING THE SALE OF CERTAIN HANDGUNS COMMONLY KNOWN AS SATURDAY NIGHT SPECIALS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puroose. The City Council of the City of Santa Monica finds and declares as follows: (a) The City wishes to reduce handgun-related crimes; eliminate the self-inflicted injuries and fatalities caused by the use of poor quality firearms which fail to meet minimum safety requirements; and make the City's neighborhoods safer. (b) The Federal Gun Control Act of 1968 prohibits the importation of poorly made handguns, but does not ban their manufacture and sale in the United States. (c) Those handguns commonly known as "Saturday Night Specials" are dangerous products due to their low quality of manufacture and metallurgy. Many of these handguns lack min~mum safety features designed to prevent unintended shootings. 1 (d) As a result of their inferior craftsmanship, Saturday Night Specials are not sufficiently accurate or reliable to be useful for sport or hunting purposes. Although Saturday Night Specials are marketed by manufacturers as a reliable means of person protection, objective expert evaluations suggest that they are not well suited for this purpose. (e) Studies regarding the usage of Saturday Night Speclals have shown that these guns are disproportionately used in homicldes and other crimes. (f) California Penal Code Section 12026 grants most persons over the age of 18 the right to own, possess, keep, or carry any pistol, revolver or other firearm capable of being concealed upon the person at their private property. In enacting this Ordlnance, the City Council does not intend to prevent the possesslon of Saturday Night Specials. (g) The Legislature has not, expressly, or impliedly, preempted the areas of firearms sales. This subject is within the scope of the municipal police power. This Ordinance is an exercise of the police power of the City of Santa Monica, and is designed to protect the health, safety, and welfare of the community. SECTION 2. Chapter 3.26 is added to the Santa Monica Municipal Code to read as follows: 2 CHAPTER 3.26 SATURDAY NIGHT SPECIALS 3.26.010 Definitions. As used in this Chapter, except as specifically excluded by Section 3.26.020, "saturday Night Specialll shall include the following: (a) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength. (b) A semi-automatic pistol which: (1) is not originally equipped by the manufacturer with a locked-breech action; and (2) is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute. (3) For purpose of this subsection (b), "semi- automatic pistol" shall mean a firearm, as defined in California Penal Code section 12001(b), which is designed to be held and fired with one hand, and which does the following upon discharge: (i) fires the cartridge in the chamber; {ii} ejects the fired cartridge casei and (iii) 3 loads a cartridge from the magazine into the chamber. "Semi-automatic pistol" shall not include any assault weapon designated in California Penal Code section 12276. (c) A pistol, revolver, or firearm capable of belng concealed upon the person, as those terms are defined in California Penal Code section 12001(a), which: (1) Uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and ( 2) Is chambered to fire either centerf ire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and (3) Is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or (4) If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame. 4 (5) For purposes of this subsection (c), "action mechanism: shall mean the mechanism of a firearm by which it is loaded, locked, fired, and unloaded. Section 3.26.020 Exclusions. "Saturday Night Special" does not include any of the following: (a) Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7), and (8) of subsection (b) of California Penal Code section 12020; or (b) Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion; or (c) Children's pop guns or toys; or (d) An "unconventional pistol" as defined in California Penal Code Section 12020(c) (12); or (e) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no longer classified as a "Saturday Night Special." section 3.26.030 Roster of saturday Night Specials. The city Manager or his or her designee shall compi Ie, publish and thereafter maintain a Roster of 5 Saturday Night Specials, according to administrative procedures to be adopted by the City Manager. The Roster shall list those firearms, by manufacturer and model number, which the City Manager or his or her designee determines satisfy the definition of Saturday Night Special as set forth in section 3.26.010. After its initial publication, the Roster of Saturday Night Specials shall be published thereafter on a semi-annual basis and a copy shall be sent to every dealer within the ci ty who is licensed to sell and transfer firearms pursuant to Penal Code section 12071, and who has obtained a Firearms Dealer Permit in accordance with Chapter 3.24 of this Code. After its initial publication, the failure to publish a Roster on a semi-annual bas1s thereafter shall not be a defense to any violation of this Chapter. section 3.26.040. Sales Prohibited. No person who is obligated to obtain a firearms dealer permit pursuant to Chapter 3.24 of this Code, or any officer, agent or employee thereof, shall sell, offer or display for sale, give, lease, lend or transfer ownership or control of, any firearm listed on the Roster of Saturday Night Specials. This section shall not preclude a person who has obtained a firearms dealer permit pursuant to Chapter 3.24 and any other required 6 local, state, or federal licenses, or any officer, employee or agent thereof, from processing firearm transactions between unlicensed parties pursuant to section 12072(d) of the Penal Code. This section shall not be enforced until the Roster of Saturday Night Specials has been completed and first published in accordance with section 3.26.030 of this Code. Section 3.26.050. Exemptions. Nothing in this Chapter shall prohibit the disposition of any saturday Night Special by police departments, Sheriff's offices, 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 the United States for use in discharge of their official duties. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of thlS Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. 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 7 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 portlon of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once In the official newspaper within 15 days after its adoption. Ordinance shall be effective 30 days from its adoption. This APPROVED AS TO FORM: 2~~~~ City Attorney s ~~ 1~~ / (/ I Mavor Pro Tern State of Cahforma ) County of Los Angeles) ss CIty of Santa MOllIca ) L ).'lana M Stewart. Cny Clerk of the Cny of Santa MOllIca. do hereby certIfy that the foregomg Ordmance?\o 1867 (CCS) had Its first readmg on October 8. 1996. and had Its second readmg on October 15, 1996 and was passed by the followmg vote Ayes CouncIl members Abdo. Ebner. Genser. Greenberg, Holbrook Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members O'Connor. Rosenstem ATTEST '--- ~.~~ Cny Clerk \