HomeMy WebLinkAboutORD 1149ORD 1149 pT3 (Ìì § Ì ORDINANCE NO.1149
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
TITLE XIII GENERAL OFFENSES) OF THE
BALDWIN PARK MUNICIPAL CODE
REGULATING THE SALE OF AMMUNITION
AND REQUIRING DEALERS TO KEEP
RECORDS OF AMMUNITION SALES
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 the incidents of violent crime in the
City and to facilitate the apprehension and conviction of perpetrators of
such crimes.
B. The City Council has heard testimony from its Police Department that the
availability of ammunition sales records will aid the Police Department in
investigations of violent crimes.
SECTION 2. That TITLE XIII GENERAL OFFENSES") of the Baldwin Park Municipal
Code is hereby amended to add a new Section 130.71 to read as follows:
130.71 Sale of Ammunition Clips, and Similar Devices Prohibited."
A. No person shall sell or otherwise transfer to any other person a clip,
magazine, belt, drum, fee strip, or similar device which has a capacity of,
or which can be readily restored or converted to accept, more than ten
rounds of ammunition.
B. The provisions of this section shall not apply to:
1. the sale or transfer of such devices to any person described bed in
Section 12302 or 12322 of the Penal Code of the State of
California, or
2. the sale of transfer of ownership of such a device by a wholesale
gun dealer to another wholesale gun dealer or by a wholesale
gun dealer to a retail gun dealer, or
3. any entity or establishment engaged in the business of motion
picture, television, video, theatrical, or re-enactment production,
provided the clip, magazine, belt, drum, feed strip or similar
device is used solely as a prop in the course of motion
picture, television, video, theater, or re-enactment production by
an authorized participant therein or by an authorized agent or
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ORD 1149 pT3 (Ìì § Ì Ordinance No.1149
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employee of the entity or establishment, and only if the entity or
establishment properly secures such clip, magazine, belt, drum,
feed strip or similar device from unauthorized use, or
4. any federal, state, or local historical society, museum or
institutional collection which is open to the public provided any
such clip, magazine, belt, drum, feed strip or similar device is
properly housed, secured from unauthorized handling and is
unloaded.
C. A violation of this Section shall constitute a misdemeanor.
SECTION 3. That TITLE XIII GENERAL OFFENSES") of the Baldwin Park Municipal
Code is hereby amended to add a new Section 130.72 to read as follows:
130.72 Records of Ammunition Sales"
A. Definition.
1. Ammunition" as used in this Section shall mean projectiles
expelled by force of an explosion, for use in pistol, revolver, or
other firearm, as defined in California Penal Code 12001,
notwithstanding that the ammunition may also be used in rifles.
2. vendor' shall mean any individual, gun store, firm, or corporation
having a Federal or State license to sell ammunition.
B. Record of Ammunition Sales.
1. Every holder of a Federal or State license to sell ammunition shall
maintain records pertaining to ammunition sales prescribed by
this Section on the licensed premises and in the manner
prescribed herein.
2. The record shall show:
a. The date of the transaction"
b. the purchasers name, address, and date of birth
c. the purchasers driver's license number or other
identification and State where issued
d. the brand of ammunition purchased;
e. the type and amount of ammunition purchased; and
f. the purchasers signature.
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3. The information required by this section shall be completed in the
log book at the time of the purchase.
4. 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 licensee for a period of two 2) years following
the date of the purchase of the ammunition.
5. At the direction of the Chief of Police or his/her designee,
Baldwin Park Police Officers may enter the premises of any
licensed vendor of ammunition during regular business hours for
the purpose of examining or inspecting any record required by
this Section.
6. No person shall knowingly make a false entry in, or fail to make a
required entry in, or fail to maintain in the required manner
records prepared in accordance herewith. No person shall refuse
to permit a police department employee to examine any record
prepared in accordance with this Section during any inspection
conducted pursuant to this Section, or refuse to permit the use of
any record or information by the Baldwin Park Police Department.
7. The requirements of this Section shall not apply to:
a. any person described in Section 12302 or 12322 of the
Penal Code of the State of California.
b. any off-duty peace officer who displays proper agency
identification which identifies him or her as an active
peace officer.
c. any person who has been issued a permit to carry a
concealed weapon under the authority of Section 12050
of the Penal Code of the State of California.
d. any security guard licensed under the authority of Section
12033 of the Penal Code of the State of California.
e. Any firearms dealer who has been issued a Federal
Firearms License or a Certificate of Eligibility by the State
of California.
8. A violation of this section shall constitute a misdemeanor.
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SECTION 4. That the City Clerk shall cause this Ordinance to be published within 30
days after its passage.
APPROVED, and ADOPTED this 3rd day of November
Manual Lozano
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
I, City Clerk/Deputy of the City of Baldwin Park do hereby certify that the foregoing
Ordinance No.1149 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
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