Article II — Firearms and Weapons Violence Prevention

This article shall be known as the firearms and weapons violence prevention ordinance.

(Prior code § 2 11.01)

The City Council of the city finds that:

A.

Firearms are used in nearly eighty (80) percent of the homicides committed in the city; and

B.

Since June of 1990, Highland Hospital in Oakland has treated an average of thirty-two (32) Oakland residents a month for gunshot wounds, an average of one a day; and

C.

The average cost for treatment of a gunshot wound in the United States is thirty-three thousand dollars ($33,000.00), most of the cost borne by taxpayers. Nearly four hundred (400) gunshot wounds were treated at Highland Hospital in 1991; and

D.

Because of the range and effectiveness of firearms, the use of firearms in violent crimes is more likely to lead to the death or injury of bystanders; and

E.

Serious injury has resulted from the use of devices and projectiles other than firearms within the city; and

F.

Certain varieties of air guns which fire BBs or pellets can fire projectiles at a velocity of over seven hundred (700) feet per second, well above the velocity required to cause injury to persons or property; and

G.

Airguns alone account for an estimated fifteen thousand (15,000) childhood injuries nationally per year.

H.

One recent national study of injuries resulting from the use of nonpowder guns (air rifles, BB guns, etc.) found that two-thirds of the victims were less than sixteen (16) years old.

I.

Close to half of the firearms used in unintentional ("accidental") shootings of children nationally were acquired by children from their parents, who left the firearms loaded and unsecured in a place accessible to children.

J.

The state of California has not sufficiently addressed the problems resulting from the increased availability and use of firearms in urban areas of the state, forcing cities to enact, within the limits of state law, local measures.

(Prior code § 2 11.02)

The following words and phrases, wherever used in this article, shall be construed as defined in this section:

A.

"Firearms" means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

B.

"Projectile weapon" means any device or instrument used as a weapon which launches or propels a projectile by means other than the force of an explosion or other form of combustion with sufficient force to cause injury to persons or property. A projectile weapon shall include, but not be limited to, air gun, air pistol, air rifle, gas-operated gun, BB gun, pellet gun, flare gun, dart gun, bow, cross-bow, slingshot, wrist rocket, blow gun, paint gun, or other similar device or instrument.

(Prior code § 2 11.03)

It is unlawful for any person to at any time fire or discharge, or cause to be fired or discharged, any firearm or any projectile weapon as defined in this chapter, within the limits of the city.

(Prior code § 2 11.04)

Violations of this article shall result in arrest as a misdemeanor. The District Attorney shall review the circumstances surrounding the violation and shall charge the violation either as an infraction or as a misdemeanor, except that:

A.

Violation of this article for a second or subsequent offense shall be chargeable as a misdemeanor only, and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more that one year, or by both.

B.

Violation of this article occurring within one thousand five hundred (1,500) feet of a day care center, school or school yard, whether public or private, shall be a misdemeanor, and the penalty for conviction of the

same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than one year, or by both.

C.

A person shall be guilty of a separate offense for each and every firing of a projectile weapon or discharge of a firearm, and shall be punished accordingly.

D.

Juveniles arrested pursuant to this section shall be subject to Section 602 of the Welfare and Institutions Code.

(Prior code § 2 11.05)

Any parent or legal guardian, of a person over the age of eighteen (18), is also guilty of an offense punishable in accordance with Section 9.36.090 if he or she knows or reasonably should know that a minor is likely to gain access to a firearm or a projectile weapon kept within any premises or vehicle which is under his or her custody or control, and a minor obtains and fires or discharges the firearm or projectile weapon within the city, in violation of Section 9.36.080.

(Prior code § 2 11.06)

Any firearm or projectile weapon discharged within the boundaries of the city in violation of the provisions of Section 9.36.080 is declared to be a nuisance, and shall be surrendered to the Police Department of the city. The Chief of Police, except upon the certificate of a judge of a court of record, or of the District Attorney of Alameda county that the preservation thereof is necessary or proper to the ends of justice, shall destroy or cause to be destroyed such firearms and projectile weapons, provided however, that in the event any such firearm or projectile weapon is determined to have been stolen, the same shall not be destroyed but shall be returned to the lawful owner as soon as its use as evidence has been served, upon identification of the firearm or projectile weapon and proof of ownership thereof.

(Prior code § 2 11.07)

A.

The provisions of Section 9.36.080 relative to the use of firearms and projectile weapons shall not apply to or affect sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor to any person summoned by such officer to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer; nor to persons who are by the United States Federal Government authorized to use such firearms and projectile weapons, nor to persons using said firearms and projectile weapons in necessary self defense.

B.

Use of firearms and projectile weapons within the city shall be unlawful pursuant to Section 9.36.080, except that use of firearms and projectile weapons may be permissible when integral to the pursuit of specific competitive and sporting events, including but not limited to events such as take place at shooting ranges, archery ranges and skeet shooting, upon issuance of a permit from the Chief of Police to persons conducting the event or engaged in the business of providing the location upon which such activities are to take place. The Chief of Police shall formulate criteria for the application, issuance, and renewal of such permits, and may require as a condition of approval the posting of any bond, or proof of adequate liability insurance.

C.

The city, through the Department of Parks and Recreation or other city departments, may sponsor specific competitive and sporting events, including but not limited to events such as take place at shooting ranges, archery ranges, and skeet shooting, and is exempt from provisions of subsection B of this section for these purposes. Any person who seeks to conduct such an event on property under the jurisdiction of the city shall obtain approval from both the Chief of Police and the City Manager or a designee, prior to the issuance of a permit for engaging in such activities.

(Prior code § 2 11.08)

A.

It is unlawful for any person under the age of eighteen (18) to have in his or her possession within the city limits of Oakland any projectile weapon, as defined in Section 9.36.070. Violation of this provision shall be punishable in the manner provided in Section 9.36.090D.

B.

It is unlawful for any parent or legal guardian, or any person over the age of eighteen (18) years, to sell, give or loan to any minor in the city under the age of eighteen (18) years, or to allow such minor to possess, any device or instrument capable of launching a projectile, and/or the projectiles specifically intended to be launched by said device or instrument, as defined hereinabove. Violation of this provision shall be punishable in the manner provided in Section 9.36.090.

C.

Any device or instrument capable of launching a projectile, and/or the projectiles specifically intended to be launched by said device or instrument, which is in possession of a minor in violation of this article, is declared to be a nuisance, and shall be surrendered to the Police Department of the city. The Police Department, except upon the certificate of a judge of a court of record or of the District Attorney of Alameda county that the preservation thereof is necessary or proper to the ends of justice, shall destroy any such device or instrument.

(Prior code § 2 11.09)

A.

Any person owning a firearm or in possession of a firearm is required to report the theft or loss of such firearm to the Oakland Police Department when:

Owner resides in Oakland, AND/OR

The theft or loss of the firearm occurs in Oakland.

B.

A person subject to the reporting requirements in Subsection A. is required to report the theft or loss of a firearm within 48 hours of when he or she knew or reasonably should have known that the firearm was stolen or lost.

C.

A person who has experienced the theft or loss of a firearm between August 1, 1992 and July 30, 2002 and who otherwise meets the reporting requirements in subsection A is required to report the loss or theft of such firearm to the Oakland Police Department within sixty (60) days of the effective date of the Amendment under which this new section was adopted.

(Ord. No. 12996, 2-16-2010; Ord. 12529 § 1 (part), 2003)

This Article shall be enforced to the full extent of the authority of the City. If any section, subsection, paragraph, sentence or word of this Chapter is deemed to be invalid or beyond the authority of the City, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this Article, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable.

(Ord. No. 12996, 2-16-2010; Prior code § 2 11.10)

A.

Failure to report within 48 hours the theft or loss of a firearm pursuant to this Subsection B. of Section 9.36.131, when the owner or person in possession knew or reasonably should have known of the theft or loss, shall be a misdemeanor subjecting the owner to prosecution.

B.

Failure to report firearms theft or loss within the timeframe set forth within Subsection C. of Section 9.36.131 shall be a misdemeanor subjecting the owner to prosecution.

(Ord. No. 12996, 2-16-2010; Ord. 12529 § 1 (part), 2003)