San Leandro Municipal Code Art. 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.