Daly City Municipal Code Ch. 9.54 Junk Guns

The following definitions govern the construction of this chapter:

A. "Saturday night special" means any of the following:

1. A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in the 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;

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 twenty-four thousand one hundred copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute,

c. For purpose of this subsection, "semi-automatic pistol" means 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 weapons 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 in or before 1898 that was originally chambered for rimfire ammunition developing maximum safe permissible breech pressures below nineteen thousand copper 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 nineteen thousand 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 nondetachable trigger guard, or

d. If rimfire, is equipped with a barrel of less than twenty bore diameters in overall length protruding from the frame.

e. For purposes of this subsection, "action mechanism" means the mechanism of a firearm by which it is loaded, locked, fired and unloaded commonly known as the cycle of operation.

(Ord. 1289 § 2 (part), 2001; Ord. 1238 § 1 (part), 1996)

After March 1, 1997, no wholesale or retail firearms dealer in the city shall sell, lease or otherwise transfer a firearm without also selling or providing with each firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm. In addition, the dealer shall not deliver a firearm to a purchaser, lessee or transferee unless the firearm is unloaded and securely wrapped or unloaded and in a locked container.

(Ord. 1238 § 1 (part), 1996)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of the chapter shall be punishable by a fine of not more than one thousand dollars or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Pursuant to Section 1.12.050, the city attorney may proceed with the prosecution of a violation of the provisions of this chapter as an infraction. Every person convicted of an infraction for violation of the provisions of this chapter shall be punishable as set out in Section 1.12.020. Each person violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

(Ord. 1238 § 1 (part), 1996)