SR-050995-8Cf:\atty\muni\strpts\mjm\ammo
City Council Meeting 5-9-95
Santa Monica, California
MAY 0 9
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Regarding Registration of Ammunition
Sales
Introduction
At its meeting of March 21, 1995, the City Council directed the
Cit~r Attorney to draft an ordinance similar to the ordinance
recently adapted by the City of Pasadena which requires
registration of ammunition sales. A proposed ordinance fulfilling
that direction is attached.
Discussion
The accompanying ordinance would add Chapter 3.25 to the Municipal
Code requiring licensed sellers of amr~unitian to maintain records
of ammunition sales. The required records would include: the date
the ammunition was sold; the purchaser's name, address, date of
birth, driver's license number and signature; and the brand, type
and amount of ammunition purchased. The seller would be required
to keep the records in a log book for a period of two years from
the date of the sale of the ammunition. The seller would also be
required to make the log book immediately available to police
officers for inspection during normal business hours. Making a
false entry in the log, failing to make a required entry, or
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NfAY ~ 9 X995
refusing to show the lag book to a police officer would be a
misdemeanor.
Recommendation
It is respectfully recommended that the accompanying ordinance be
introduced for first reading.
PREPARED BY: Marsha Janes Mautrie, City Attorney
Claudia Thompson, Legal Admin. Staff Asst.
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CA:f:\atty\muni\laws\mjm\ammo
City Council Meeting 5-9-95 Santa Monica, California
ORDINANCE NUMBER
{City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 3.25 TO THE
SANTA MONICA MUNICIPAL CODE REGARDING REGISTRATION
OF AMMUNITION SALES
WHEREAS, the availability of ammunition sales records can aid
law enforcement in its investigation of major crimes, homicides,
and shootings; and
WHEREAS, it is in the interests of public health, safety and
welfare that illegal sales of ammunition, including to juveniles,
be discouraged; and
WHEREAS, the California Attorney General's Office has
determined that a municipality is not preempted from enacting an
ordinance related to the registration of ammunition sales within
its jurisdiction; and
WHEREAS, other municipalities in the area have either adopted
or are considering adopting ordinances requiring the registration
of ammunition sales and such ordinances will be most effective if
they are adopted by as many jurisdictions as possible;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 3.25 is hereby added to the Municipal Code
to read as follows:
Chapter 3.25 Registration of A+~+~uaition
Sales.
SECTION 3.25.010. Definitions. The
following words or phrases as used in this
Chapter shall have the following meanings:
P+~munition. Projectiles expelled by
force of an explosion, for use in pistols and
revolvers, as defined in California Penal Code
Section 12001, and in rifles.
Vendor. Any individual, gun store, firm,
or corporation having a business license to
sell ammunition.
SECTION 3.25.020. Record of Ammunition
Sales.
A. Every holder of a business license to
sell ammunition shall maintain records
pertaining to ammunition sales prescribed by
this Chapter an the licensed premises and in
the manner prescribed herein.
B. Every record shall contain the
following information:
(1) The date of the transaction.
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(2) The purchaser's name, address,
and date of birth.
(3) The purchaser's driver's
license number or other identification and
state where that identification was issued.
(4) The brand of ammunition
purchased.
(5) The type and amount of
ammunition purchased.
(6) The purchaser's signature.
C. The information required by this
Section shall be completed in a log book at
the time of the purchase,
D. The record shall be maintained in
chronological order by date of sale of the
ammunition, and shall be retained on the
licensed premises of the vendor for a period
of two (2) years following the date of the
purchase of the ammunition.
E. At the direction of the Chief of
Police, or his or her designee, police
officers may enter the premises of any
licensed vendor during regular business hours
for the purpose of examining or inspecting any
record required by this Chapter.
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SECTION 3.25.030. Violation/Penalty.
A. It is unlawful for any vendor
knowingly to make a false entry or fail to
make an appropriate entry in the ammunition
sales log. It is unlawful for any vendor to
knowingly fail to properly maintain any such
record or to refuse to exhibit the record to a
police officer immediately upon request far
such inspection.
B. Any vendor violating any provision of
this Chapter is deemed guilty of a
misdemeanor, and upon conviction thereof,
shall be punished by a fine of not more than
Five Hundred Dollars ($500.00), or by
imprisonment in the City or County Jail for a
period not to exceed six months, or by both
such fine and imprisonment.
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, is
hereby repealed or modified to that extent necessary to effect 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
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unconstitutional by a decision of any court of 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 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 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JO S MOUTRIE
City Atto ney
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