Chapter 4-14 — FIREARMS

Article 1 Regulation of Firearms and Ammunition(Legislative History: Ordinance No. 81-079, 11/19/ 81; Ordinance 82-021, 4/19/82; Ordinance No. 96-014, 10/7/96)

No person shall discharge any firearm within the City of San Leandro except:

(a) Peace officers in the performance of their duties,

(b) Persons using the San Leandro rifle range or an indoor safety range,

(c) Persons in defense of life or property, and

(d) Persons otherwise permitted to do so by law, provided however, possession of a hunting license issued by the State of California shall not be considered "permitted by law" within the meaning of this section.

No person shall discharge any slingshot, air gun or spring gun within the City of San Leandro.

No person shall, within the City of San Leandro, sell, loan or give any ammunition to any person under 18 years of age.

Any equipment being used in violation of Sections 4-14-100, 4-14-105, 4-14-110 hereof, may be confiscated by any law enforcement officer and retained at the Police Department until claimed by the owner thereof in person, and, in the event the equipment so confiscated is a firearm and the owner is a minor, until he or she is accompanied by one of his or her parents.

Article 2

Rifle Range(Legislative History: Ordinance No. 81-079, 11/19/82; Ordinance No. 82-021, 4/ 19/82)

The San Leandro Rifle Range may be leased to a regularly organized group incorporated as a nonprofit corporation under the laws of California. Such group shall have power and shall be required by the lease to adopt rules and regulations pertaining to safety, use and operation or the range. Such group may be authorized by the lease to charge reasonable fees for the use of such range and to issue permits to users of the range. No citizen of the City of San Leandro not legally disqualified therefrom may be denied a permit to use the range under the rules and regulations prescribed by the lessee.

It shall be unlawful while using the San Leandro Rifle Range, to:

(a) Fire from any point other than the designated firing point;

(b) Fire in any direction except directly at designated targets;

(c) Violate any of the rules or regulations promulgated by the lessee;

(d) Fire at any object other than targets approved by the National Rifle Association, National
Revolver Association or Muzzle Loaders Association;

(e) Use the Rifle Range without a valid permit issued to the user thereof;

(f) Commit any act which endangers the safety of any person or property other than a
designated target; or

(g) Use the Rifle Range while intoxicated or under the influence of drugs.

Article 3
Requirement that Firearms Dealers Sell or Provide Trigger Locks or Similar Safety
Devices for Each Firearm Sold, Leased, or Transferred—Posted Notice(Legislative
History: Ordinance No. 96-011, 9/3/96 (Sections 4-14-300 — 4-14-330))

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

Firearm. "Firearm" shall mean 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.

Firearms Dealer. "Firearms dealer" shall mean a person engaged in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

Person. "Person" shall mean natural person, association, partnership, firm, or corporation.

Trigger Lock. "Trigger lock" shall mean a mechanical locking device which blocks or impairs the action of the trigger, rendering the firearm inoperable until removed.

SIMILAR DEVICES.

Firearms dealers doing business within the City of San Leandro shall not sell, lease, or otherwise transfer any firearm without also selling or providing a nonreturnable trigger lock, or similar safety device, to prevent the unintentional discharge of the firearm.

Persons providing firearms for temporary use only within a designated firing range, shall be exempt from the provisions of this Article, so long as such firearms are not permitted to be removed from the firing range premises and the period of use does not exceed eight hours.

Firearms dealers operating within the City of San Leandro shall conspicuously post the following notice at their place of business in the area in which the firearms are sold, leased or transferred. The letters on the notice must be legible, at least one inch (1") in height, and shall read:

A TRIGGER LOCK OR OTHER SAFETY DEVICE MUST BE SOLD OR PROVIDED WITH EACH FIREARM. THESE DEVICES PREVENT THE UNINTENTIONAL DISCHARGE AND USE OF YOUR FIREARM. SAN LEANDRO MUNICIPAL CODE TITLE IV CHAPTER 14.

Article 4

Certification Requirements for Employees of Firearms Dealers(Legislative History: Ordinance No. 96-012, 9/3/96 (Sections 4-14-400 — 4-14-480))

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

"Applicant" shall mean any person applying for a certification pursuant to this Article.

"Certification" shall mean the receipt of a document issued to the employee by the Chief of Police, signifying that the employee has met the requirements of this Article.

"Chief of Police" shall mean the Chief of Police of the City of San Leandro, or authorized designee.

"Employee" shall mean a person who is employed by a firearms dealer, and who assists in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

"Engaged in the business" shall mean the conduct of a business by the selling, transferring, or leasing of any firearm; or the preparation for such conduct of business; or the holding of one's self out as engaged in the business of selling, transferring, or leasing of any firearm, or the selling, transferring, or leasing of firearms in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

"Firearm" shall mean 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.

"Firearms dealer" shall mean a person engaged in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

"Person" shall mean natural person, association, partnership, firm, or corporation.

It shall be unlawful for any employee to sell, transfer, or lease, or advertise for sale, transfer or lease, or offer for sale, transfer, or lease, any firearm without first obtaining a certification from the Chief of Police except for the interim period provided in Section 4-14-470 for persons who are employees as of the effective date of this Article.

An applicant for a certification under this Article shall file with the Chief of Police a sworn application in writing, on a form to be furnished by the City. The Chief or Police may require additional information of an applicant reasonably necessary to complete the investigation. The applicant shall provide all information reasonably requested, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee as set forth in the City of San Leandro license/permit fee schedule. To the extent practicable, the fee amount shall reflect the cost of enforcing the requirements of this Article 4.

The Chief of Police shall conduct an appropriate investigation to determine for protection of the public health, safety and welfare whether the certification may be issued. Such determination shall be made within 15 days of the receipt of a completed application.

The Chief of Police shall deny the issuance of a certification when any of the following conditions exist:

(a) The applicant, or employee, is under the age of 21 years.

(b) The applicant, or employee, has made a false or misleading statement of a material fact, or an omission or a material fact in the application for a certification.

(c) The applicant, or employee, has been convicted of:

(1) Any offense so as to disqualify the applicant, or employee, from owning or possessing a firearm under applicable Federal, State, and local laws.

(2) Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or dangerous or deadly weapon.

(3) Any felony offense involving the use of force or violence upon the person of another.

(4) Any felony offense involving theft, fraud, dishonesty, or deceit.

(5) Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the California Health & Safety Code as said definition now reads or may hereafter be amended to read.

(d) The applicant, or employee, is an unlawful user of any controlled substance as defined by the California Health & Safety Code as said definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use would impair his or her fitness to be a seller of firearms.

(e) The applicant, or employee, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which, without a reasonable accommodation, would impair his or her fitness to be a seller of firearms.

In addition to any provisions contained in this Article, any circumstances constituting grounds for denial shall also constitute grounds for revocation.

(a) Any person whose application for a certification under this Article has been denied, or whose certification has been revoked pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police prior to final denial or prior to revocation.

(b) The Chief of Police shall give the applicant or employee written notice of the intent to deny the application or to revoke the certification. The notice shall set forth the ground(s) for
the Chief of Police's intent to deny the application or to revoke the certification, and shall
inform the applicant or employee that he or she has 10 days from the date of receipt of
the notice to file a written request for a hearing. The application may be denied or the
certification revoked if a written hearing request is not received within the 10 day period.

(c) If the applicant or employee files a timely hearing request, the Chief of Police shall set a
time and place for the hearing. All parties involved shall have the right to offer testimonial,
documentary and tangible evidence bearing on the issues, to be represented by counsel, and
to confront and cross examine any witnesses against them. The decision of the Chief of
Police whether to deny the application or revoke the certification is final and non-
appealable.

Any employee as of the effective date of this Article shall have a period of 90 days after such effective date to submit an application for certification to comply with the provisions of this Article. All other persons shall obtain the certification required by this Article prior to becoming an employee.

This Article shall be enforced to the full extent of the authority of the City of San Leandro. If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City of San Leandro, 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.

Article 5

Prohibition on the Sale of Saturday Night Specials, Also Known as Junk Guns(Legislative History: Ordinance No. 96-013, 9/3/96 (Sections 4-14-500 — 4-14-560))

The purpose of this Article is to ensure the health, safety and welfare of the citizens and law enforcement officers of the City by eliminating the sale in the City of cheaply made, inadequately designed and poorly manufactured handguns.

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

Saturday Night Special. "Saturday Night Special," as used in this Article 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 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:

(i) Is not originally equipped by the manufacturer with a locked-breech action; and

(ii) 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.

(iii) For purpose of this subsection (a)(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: (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.

(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:

(i) 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 permissible breech reassures below 19,000 Copper
Units of Pressure as standardized by the Sporting Arms and Ammunition
Manufacturers Institute; and

(ii) 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

(iii) Is not originally equipped by the manufacturer with a nondetachable safety guard
surrounding the trigger; or

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

(v) For purpose of this subsection (a)(3), "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.

The term "Saturday Night Special" does not include any of the following:

(a) 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 California Penal Code
Section 12020; or

(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 pop guns or toys; or

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

(e) Any pistol which has been modified to either render it permanently inoperable or
permanently to make it a device no longer classified as a "Saturday Night Special."

On or before the effective date of this roster, the Chief of Police, or designee, (the "Chief of Police") shall compile, publish, and thereafter maintain a roster of Saturday Night Specials (the "roster"). The roster shall list those firearms, by manufacturer and model number, which the Chief of Police determines fit the definition of Saturday Night Specials as set forth in this Article. The Chief of Police may retain an independent firearms expert to assist in the determinations.

Upon completion of a list of firearms to be placed on the roster for the first time, the Chief of Police shall endeavor to send written notification to: (1) the manufacturer of every firearm on said list; and (2) every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the California Penal Code. Such notification shall do the following:

(a) Identify the model number of the firearm which has been classified as a Saturday Night
Special within the meaning of this Article; and

(b) Advise the recipient of the notice that he or she may apply for reconsideration of the
classification of the firearm as a Saturday Night Special; and

(c) Advise the recipient of the notice that the burden of proving that a firearm does not
constitute a Saturday Night Special within the meaning of this Article shall be borne by the
recipient.

(a) The Chief of Police shall, prior to January 1, 1997, establish standards and procedures for the form and content of an application for reconsideration, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Chief of Police to classify the firearm subject to reconsideration as a Saturday Night Special as defined by this Article. Such standards and procedures shall provide that the Chief of Police shall render a decision within 30 days of the submission of a completed application.

(b) Upon timely filing of one or more complete applications for reconsideration, the Chief of Police shall evaluate the evidence submitted by the applicant(s). The Chief of Police may retain an independent firearms expert to assist in the reconsideration. The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday Night Special as defined by this Article.

(a) If the Chief of Police determines 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 within 15 days of notification of the Chief of Police's decision. The applicant(s) shall have the right to appeal such decisions to the City Manager, or designee, and the applicant(s) shall have the right to a hearing before the City Manager prior to inclusion of the firearm in question on the roster.

(b) The City Manager 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 of the Chief of Police to classify the firearm subject to
appeal as a Saturday Night Special as defined by this Article.

(c) The appellant(s) shall have the burden of demonstrating that the firearm does not constitute
a Saturday Night Special as defined by the Article, and that the determination of the Chief
of Police was erroneous.

(d) All parties involved shall have the right to offer testimonial, documentary and tangible
evidence bearing on the issue, and to be represented by counsel.

(e) The City Manager shall hear and consider all relevant evidence. The City Manager may
retain an independent firearms expert to assist in the evaluation of the appeal. Any such
expert would be subject to examination by the parties. Upon conclusion of the hearing, the
City Manager shall render a written decision within 30 days, based upon the evidence
presented and expert information provided, if any.

(f) In all instances, the decision of the City Manager is final regarding whether a firearm is a
Saturday Night Special and should be listed on the roster.

The Chief of Police shall place on the roster those firearms which have been determined to constitute a Saturday Night Special as defined by this Article, and shall publish such roster 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
completion of the roster; and

(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 shall be distributed to every firearms dealer in the City who is licensed
to sell and transfer firearms pursuant to Section 12071 of the California Penal Code and
local regulations.

The roster shall become effective on the fifteenth (15th) day following its publication.

The addition of firearms to the roster shall be made in accordance with the following provisions:

(a) Semi-Annual Determination. On a semi-annual basis, the Chief of Police shall determine
the need to place firearms on the roster upon identifying one or more firearms as a Saturday
Night Special, the Chief of Police shall prepare a draft list of additions to the roster.

(b) Notification of Additions. In the event that a draft list of additions to the roster is prepared,
the Chief of Police shall endeavor to send written notification in accordance with Section
4-14-520.

(c) Reconsideration by the Chief of Police and Appeal. Any person who the Chief of Police
notifies pursuant to subsection (b) above, may apply for reconsideration of the
classification of the firearm as a Saturday Night Special in accordance with the provisions
of Section 4-14-525. An appeal of the reconsideration by the Chief of Police may be made
to the City Manager pursuant to the provisions of Section 4-14-530.

(d) Additions to Firearms Roster—Publication; and Effective Date. After all appeals have been
exhausted, the Chief or Police shall place on the roster those additional firearms which have
been determined to constitute Saturday Night Specials within the meaning of this Article.
The Chief of Police shall cause the roster, as amended, to be published in accordance with
the provisions of Section 4-14-535. Such amended roster shall be effective 15 days
following the date of such publication. 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.

After January 1, 1997, no wholesale or retail firearms dealer as licensed by the federal or state government and operating within the territorial limits of the city, 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 firearms transactions between unlicensed parties pursuant to Section 12702(d) of the California Penal Code.

Nothing in this Article relative to the sale of Saturday Night Specials shall prohibit the disposition of any firearms by sheriffs, constables, marshals, police officers, 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 Article prohibit the use of any firearm by the above-mentioned persons in the performance or their official duties.

The City Council declares that, should any provision, section, paragraph, sentence, or work of this Article be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason by any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of said ordinance hereby adopted shall remain in full force and effect.