Pleasanton Municipal Code Art. II Sale of Saturday Night Specials

The purpose of this article is to ensure the health, safety and general welfare of the city of Pleasanton citizens by prohibiting in the city the sale of cheaply made, inadequately designed and poorly manufactured handguns.

(Ord. 1719 § 1, 1998)

Except as provided in Section 6.64.165 of this article, the term "Saturday night special" as used in this chapter shall mean any of the following:

A. 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 pistol, revolver or firearm 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.

B. A semiautomatic pistol that:

1. Is not originally equipped by the manufacturer with a locked-breech action; and

2. 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.

3. For purposes of this subsection B, "semiautomatic pistol" shall mean a firearm, as defined in California Penal Code Section 12001(b), that is designed to be held and fired with one hand, and that does the following upon discharge: (a) fires the cartridge in the chamber; (b) ejects the fired cartridge case; and c) loads a cartridge from the magazine into the chamber. "Semiautomatic pistol" shall not include any assault weapon designated in California Penal Code Section 12276.

C. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), that:

1. Uses an action mechanism that is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressure below 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and

2. 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

3. Is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or

4. If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.

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

(Ord. 1719 § 1, 1998)

The term "Saturday night specials" does not include any of the following:

A. Any pistol that is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7), and (8) of subsection (b) of California Penal Code Section 12020;

B. 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;

C. Children's popguns or toys;

D. An "unconventional pistol" as defined in California Penal Code Section 12020(c)(12); or

E. Any pistol which has been modified to render it either permanently inoperable or permanently altered such that it no longer is classified as a Saturday night special.

(Ord. 1719 § 1, 1998)

The following roster of Saturday night specials is hereby adopted. The roster lists those firearms, by manufacturer and model number, that fit the definition of "Saturday night special" set forth in Section 6.64.160 of this article.

ROSTER OF FIREARMS PROHIBITED FROM SALE WITHIN THE CITY OF PLEASANTON Pistols

(Ord. 1719 § 1, 1998)

The city shall endeavor to send written notification to: (a) the manufacturer of every firearm on said roster; and (b) every dealer within the city who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the state of California and this chapter. Such notification shall do the following:

A. Identify the model number of the firearm that has been classified as a "Saturday night special" within the meaning of Section 6.64.160 of this article;

B. Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday night special; and

C. Advise the recipient that the burden of proving a firearm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article shall be on the recipient.

(Ord. 1719 § 1, 1998)

A. The city shall, prior to the effective date hereof, establish standards and procedures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this article.

B. Upon timely filing of one or more complete applications for reconsideration, the city shall evaluate the evidence submitted by the applicant(s). The city may rely on persons with expertise and knowledge in making this evaluation. The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article.

(Ord. 1719 § 1, 1998)

A. If it is determined that the firearm under reconsideration has been properly classified as a Saturday night special, then the applicant(s) shall have the right to appeal such decision to the city manager, and the applicant(s) shall have the right to a hearing before the city manager or the city manager's designee prior to inclusion of the firearm in question on the roster. The city manager may rely on persons with expertise and knowledge in conducting this hearing.

B. The city manager, or the city manager's designee, is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this article.

C. The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article.

D. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.

E. The city manager or the city manager's designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the city manager or the city manager's designee shall, based on the evidence presented, determine whether the firearm constitutes a "Saturday night special" within the meaning of Section 6.64.160 of this article.

F. In all instances, the decision of the city manager or the city manager's designee whether to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this article and to place said firearm on the roster is final.

(Ord. 1719 § 1, 1998)

The city shall place on the roster those firearms which have been determined to constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article. The city shall cause the roster to be published in the following manner:

A. Notification of the roster's completion shall be published at least once in the official newspaper as designated by the city and circulated in the city within 15 days after its completion;

B. A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the city clerk; and

C. A copy of the roster, certified as a true and correct copy thereof, shall be distributed to every dealer within the city who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the state and this chapter.

(Ord. 1719 § 1, 1998)

The roster shall become effective on the 15th day after its publication.

(Ord. 1719 § 1, 1998)

Additions to the roster shall be made in accordance with the following:

A. Semiannual Determination. On a semiannual basis, the city shall determine the need to place firearms on the roster. Upon identifying one or more firearms as a Saturday night special, the city manager or the city manager's designee shall prepare a draft list of the additions to the roster.

B. Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the city shall endeavor to send written notification in accordance with the aforementioned provisions of Section 6.64.180 of this article.

C. Reconsideration. Any person notified pursuant to subsection B of this section may apply for reconsideration of the classification of that firearm as a Saturday night special in accordance with the provisions of Section 6.64.190 of this article.

D. Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night special after reconsideration, the applicant may file an appeal to the city manager and the city manager or the city manager's designee shall hold a hearing in accordance with the provisions of Section 6.64.200 of this article.

E. Additions of Firearms to Roster. After all appeals have been exhausted, the city shall place on the roster those additional firearms which have been determined to constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article. The city shall cause the roster, as amended to include these additional firearms, to be published in accordance with Section 6.64.210 of this article.

F. Effective Date of Additions to the Roster. The addition of new firearms to the roster shall not operate to preclude the enforcement of the roster with respect to firearms previously listed thereon. The publication of the roster, as amended to include new firearms, shall be effective as to those newly added firearms on the 15th day after its publication as set forth in Section 6.64.220 of this article.

(Ord. 1719 § 1, 1998)

No wholesale or retail firearms dealer with a firearm sales permit issued by the city shall engage in firearm sales 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 California Penal Code.

(Ord. 1719 § 1, 1998)

Nothing in this chapter relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by police officers, sheriffs, constables, marshals, or other duly appointed peace officers in the performance of their official duties; nor to persons who are authorized by the United States Federal Government for use in the performance of their official duties; nor shall anything in this chapter prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.

(Ord. 1719 § 1, 1998)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this article shall be punished by a fine of not more than $1,000.00 or by imprisonment for a period not exceeding six 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 article is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to be in violation of this article shall be considered in noncompliance with the requirements of this chapter, and subject to the suspension and/or revocation of a firearm sales permit under Section 6.64.100(I) of this chapter.

(Ord. 1719 § 1, 1998)