HomeMy WebLinkAboutORD 1148ORD 1148 pT3 (Ìì § Æ ORDINANCE NO.1148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING TITLE XIII GENERAL
OFFENSES) OF THE BALDWIN PARK MUNICIPAL CODE
TO MAKE UNLAWFUL THE SALE OF CERTAIN
FIREARMS DEFINED AS SATURDAY NIGHT SPECIALS"
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS AND INTENT.
A. The City Council desires 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 and businesses as safe as possible.
B. The City Council finds that 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. The City Council finds that those handguns commonly known as
Saturday Night Specials" are dangerous products due to their low
quality of manufacture and metallurgy. The City Council further finds
that many of these handguns lack minimum safety features designed to
prevent unintended shootings.
D. The City Council finds that, as a result of their inferior craftsmanship,
Saturday Night Specials are not sufficiently accurate or reliable when
used for sport or hunting purposes. The City Council further finds that,
although Saturday Night Specials are marketed by manufacturers as a
reliable means of personal protection, objective expert evaluations
suggest that they are not well suited for this purpose.
E. In the preparation and adoption of this Ordinance, the City Council has
reviewed studies regarding the usage of Saturday Night Specials,
including those prepared by and for the city of West Hollywood. Based
on these studies, the City Council finds that Saturday Night Specials are
disproportionately represented in homicides and other crimes.
F. The City Council recognizes that 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 place of resident, place of business, or on
private property owned or lawfully possessed by the citizen or legal
resident. In enacting this Ordinance, the City Council does not intend to
prevent the possession of Saturday Night Specials.
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ORD 1148 pT3 (Ìì § Æ Ordinance No.1148 Page 2
G. The City Council finds that the Legislature has not, expressly or implied,
preempted the areas of firearm sales. The City Council therefore finds
that this subject is within the scope of the municipal police power. This
Ordinance represents an exercise of the police power of the City of
Baldwin Park and is designed to protect the health, safety, and general
welfare of the community.
SECTION 2. That TITLE XIII GENERAL OFFENSES of the Baldwin Park Municipal
Code is hereby amended to add a new Section 130.70 to read as follows:
130.70 Saturday Night Specials-Sale Prohibited."
A. Definition. Except as provided in subsection B herein, the term
Saturday Night Special," as used in this Section shall mean any of the
following:
1. a pistol, revolver, or firearm capable of being concealed upon the
person, as those terms are defined in Section 12001(a) of the
Penal Code of the State of California, 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.
2. a semi-automatic pistol which:
a) is not originally equipped by the manufacturer with a locked-
breech action; and
b) 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.
c) For purpose of this subsection 2), 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 case; and
iii) 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.
3. 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:
a) uses an action mechanism which is substantially identical in
design to any action mechanism manufactured on or before 1898
that was originally chambered for rimfire ammunition developing
maximum permissible breech pressures below 19,000 Copper
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ORD 1148 pT3 (Ìì § Æ Ordinance No.1148 Page 3
Units of Pressure as standardized by the Sporting Arms and
Ammunition Manufacturers Institute; and
b) is chambered to fire either centerfire 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
c) is not originally equipped by the manufacturer with a non-
detachable safety guard surrounding the trigger; or
d) is equipped with a barrel of less than 20 bore diameters in
overall length protruding from the frame.
e) For purpose of this subsection 3), action mechanism" shall
mean the mechanism of a firearm by which it is loaded, locked,
fired, and unloaded."
B. Exclusions. The term Saturday Night Special" does not include any of
the following:
1. 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 Section 12020 of the Penal Code of the State of
California; or
2. 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.
3. Children's pop guns or toys; or
4. An unconventional pistol" as defined in California Penal Code
Section 12020(c)(12); or
5. any pistol which has been modified either to render it
permanently inoperable or permanently to make it a device no
longer defined as a Saturday Night Special.
C. Roster of Saturday Night Specials. The Chief of Police or his/her
designee shall compile, publish, and thereafter maintain a Roster of
Saturday Night Specials. The roster shall list those firearms, by
manufacturer and model number, which the Chief of Police or his/her
designee determines satisfy the definition of Saturday Night Special set
forth in Section 130.70.
D. Publication. The Chief of Police or his/designee shall publish the Roster
of Saturday Night Specials on a semi-annual basis and shall send a
copy of the Roster to every dealer within the City who is licensed to sell
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ORD 1148 pT3 (Ìì § Æ Ordinance No.1148 Page 4
and transfer firearms pursuant to Section 12071 of the Penal Code of
the State of California.
E. Sale prohibited. After 30 days from the date of adoption of this
ordinance, no wholesale or retail gun dealer shall sell, offer or display for
sale, give, lend or transfer ownership of, any firearm listed on the Roster
of Saturday Night Specials. This section shall not preclude a wholesale
or retail gun dealer from processing firearm transactions between
unlicensed parties pursuant to Section 12072(d) of the Penal Code of
the State of California.
F. Exemptions. Nothing in this Section shall prohibit the disposition of any
Saturday Night Special by police departments, sheriff's offices,
Marshall'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 the discharge of their official
duties; nor shall anything in this Section prohibit the use of any Saturday
Night Special by regular, salaried, full-time officers, employees or agents
thereof when on duty and the use of such firearms is within the scope of
their duties."
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remainder of the Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or portions be
declared invalid or unconstitutional.
SECTION 4. Penalty. Any person violating any of the provisions of this Ordinance
shall
be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of
this Ordinance shall be punishable by a fine of not more than one thousand $1,000) or by
imprisonment in the County jail for a period not exceeding six 6) months, or by both such fine
and imprisonment. Each such person shall be guilty of a separate offense for each and every
day during any portion of which any violation of any provision of this Ordinance is committed
continued, or permitted by such person and shall be punishable accordingly.
SECTION 5. That the City Clerk shall cause this ordinance to be published within 30
days after is passage.
APPROVED, and ADOPTED this 3rd day of November, 1999.
Manual Lozano, Mayor
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ORD 1148 pT3 (Ìì § Æ Ordinance No.1148 Page 5
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, City Clerk/'Deputy of the City of Baldwin Park do hereby certify that the foregoing
Ordinance No.1148 was introduced at a regular meeting of the City Council held on October
20,1999 and adopted at a regular meeting of the City Council held on the 3rd day of
November, 1999 by the following vote of the Council:
AYES: COUNCILMEMBERS: Pacheco, Gair, and Mayor Lozano
NOES: COUNCILMEMBERS: Mayor Pro Tern Van Cleave
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
City Clerk/Deputy
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