Tiburon Municipal Code Art. VI Banning the Possession of Large Capacity Magazines

"Large capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds;

(b) A .22 caliber tube ammunition feeding device; or

(c) A tubular magazine that is contained in a lever-action firearm.

(Ord. No. 563 N.S. § 4A, 4-6-2016)

(a) No person, corporation, or other entity in the town may possess a large capacity magazine.

(b) Any person who, prior to May 6, 2016, was legally in possession of a large capacity magazine shall have until August 4, 2016 to do either of the following without being subject to prosecution:

(1) Remove the large capacity magazine from the town;

(2) Surrender the large capacity magazine to the police department for destruction; or

(3) Sell or transfer the large capacity magazine lawfully in accordance with Part 6 of the California Penal Code.

(Ord. No. 563 N.S. § 4B, 4-6-2016)

Section 32-35 shall not apply to the following:

(a) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large capacity magazine, and does so while acting within the scope of his or her duties;

(b) A person licensed pursuant to California Penal Code Sections 26500-26915;

(c) A gunsmith for the purposes of maintenance, repair or modification of the large capacity magazine;

(d) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business;

(e) Any person, corporation or other entity that manufactures the large capacity magazine for a person mentioned in subsection (a) or for export pursuant to applicable federal regulations;

(f) Any person using the large capacity magazine solely as a prop for a motion picture, television or video production, or entertainment event;

(g) Any holder of a special weapons permit issued pursuant to California Penal Code Sections 18900, 31000, 32650, 32700-32720, or 33300, in accordance with the terms of the permit;

(h) Any person issued a permit pursuant to California Penal Code § 32315 by the California Department of Justice upon a showing of good cause for the possession, transportation, or sale of large capacity magazines between a person licensed pursuant to California Penal Code Sections 26500-26915 and an out-of-state client, when those activities are in accordance with the terms and conditions of that permit;

(i) Any federal, state or local historical society, museum, or institutional collection which is open to the public, provided that the large capacity magazine is properly housed, secured from unauthorized handling, and unloaded;

(j) Any person who finds the large capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large capacity magazine no longer than is necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law;

(k) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities;

(l) Any person in the business of selling or transferring large capacity magazines in accordance with Part 6 of the California Penal Code, who is in possession of a large capacity magazine solely for the purpose of doing so; or

(m) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000 if no magazine that holds ten or less rounds of ammunition is compatible with that firearm and the person possesses the large capacity magazine solely for use with that firearm.

(Ord. No. 563 N.S. § 4C, 4-6-2016)

Any person violating section 32-35 is guilty of a misdemeanor.

(Ord. No. 563 N.S. § 4D, 4-6-2016)

If any section, subsection, sentence or clause of this chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or the enforceability of the remaining portions of this chapter or any part thereof. The town council of the Town of Tiburon hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses.

(Ord. No. 563 N.S. § 5, 4-6-2016)