HomeMy WebLinkAboutTC Ord 2000-01-05
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ORDINANCE NO. 453 N.S.
AN ORDINANCE OF THE COUNCIL OF THE TOWN OF
TmURON ADDING CHAPTER 32 TO THE TOWN OF
TmURON MUNICPAL CODE PERTAINING TO THE
REGULA nON OF FIREARMS
THE COUNCIL OF THE TOWN OF TmURON HEREBY MAKES THE
FOLLOWING FINDINGS:
A. The Need for Trigger Locks or Similar Devices:
I. In the years 1987 to 1996, nearly 2,200 children in the United States under the age of
IS years died in unintentional shootings. In 1996 alone, 13 8 children were shot and killed
unintentionally. Thus, more than II children every month, or one child every three days, were shot
or killed unintentionally in firearms-related incidents.
2. The United States leads the industrialized world in the rates of children and youth
lost to unintentional, firearms-related deaths. A 1997 study from the Federal Centers for Disease
Control and Prevention reveals that for unintentional firearm-related deaths for children under the
age of IS, the rate in the United States was nine times higher than in 25 other industrialized
countries combined.
3. While the number of unintentional deaths from firearms is an unacceptable toll on
America's children, nearly eight times that number are treated in U.S. hospital emergency rooms
each year for nonfatal unintentional gunshot wounds.
4. Thirty percent of all unintentional shootings could be prevented by the presence of
two safety features: Trigger locks and loaded chamber indicators.
5. More than 1.2 million elementary aged, latch-key children have access to guns in
their homes.
6. Guns kill more California children than car crashes, drugs and diseases combined.
7. At the age of three, a child has enough strength to squeeze the trigger of a handgun.
8. Most children who accidentally kill themselves or a friend do so while playing with
a loaded gun found in their home or a friend's home.
9. The Town of Tiburon wishes to take all practical steps to prevent injuries and deaths
resulting from the accidental discharge of firearms.
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10. Trigger locks, or similar devices, when used properly, prevent the unintended
discharge of a firearm.
11. On August 27, 1999, Governor Davis signed AB 106, which will require the sale of
a firearm safety device with all firearms. However, this law will not become effective until January
1,2002.
B. The Need for Regulation of Firearms Dealers:
1. There were 21,985 shootings, which either resulted in death or hospitalization in
California during 1995 and 1996. In 1997 alone, there were 1,835 homicides committed with a
firearm in California and approximately 25,000 firearms-related injuries. The vast majority of these
deaths and injuries were attributable to handguns.
2. The . widespread availability of illegally obtained firearms has resulted in a
significant rise in the number of shooting incidents in the Bay Area through 1997, and the number
of shooting incidents continues to be alarming.
3. 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.
4. On average, 11 people in California were killed with a gun every day in 1996. In
1996, there were 4,405 firearm deaths in California. More Californians died from firearm deaths in
1996 (4,045) than in motor vehicle related deaths (4,022).
5. 669 young people, ages 0-19, died as a result ofthe firearms in California in 1996.
Of these: 520 were firearm homicides, 107 were firearm suicides, 35 were unintentional shootings
and 7 were of undetermined intent.
6. Gunshot injuries in California cost $329 million in 1991. Just over half of this cost
is for hospitalizations; 44% for other medical care and 4% for related non-medical care. 80"10 of the
medical cost for treatment of firearm related injuries is paid for by taxpayers. Gunshot wounds are
costly. Treatment of gunshot wounds is, on average, twice as expensive as treatment of stab
wounds or other intentional injuries. Acute medical care for patients with firearm related injuries
has been estimated to cost nearly $32,000 per hospital admission. Youth gunshot victims in
California incurred nearly $50,000 in hospital bills for the initial hospitalization only, in 1992. And,
it has been reported that firearm-related injuries and fatalities in 1993 indirectly cost Californians
over $16.9 billion in lost productivity and quality oflife.
7. Government at all levels has a substantial interest in protecting the people from those
who acquire guns illegally and use them to commit crimes resulting in injury or death of their
victims.
8. The State of California has not, in a timely manner, sufficiently addressed the
problems resulting from the availability and use of firearms in urban areas of the State, forcing cities
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and counties to enact, within the limits of State law, local measures requiring the licensing of
firearms and firearms munitions dealers.
9. The alarming number of deaths and injuries attributable to firearms in the Bay Area
and, indeed, in the State of California is an unacceptable trend that warrants stricter control over the
availability of firearms within the Town ofTiburon.
10. A local ordinance enacted by the Town of Tiburon regulating gun dealers who sell,
lease or otherwise transfer firearms within the jurisdiction Town of Tiburon is needed to mitigate
the potential danger created by gun dealers who are operating in violation of state law.
11. Section 12071 ofthe California Penal Code provides that municipalities may
exercise discretion to grant or deny applications for permits to sell firearms.
12. The Council recognizes that the Town of Tiburon is located adjacent to the Counties
of San Francisco, Sonoma, Contra Costa and Alameda Counties. It is recognized that gun use and
associated violence and crime with guns are more prevalent in those counties than in the Town of
Tiburon. However, considering the proximity to those counties, the Town of Tiburon wishes to take
proactive and preventative measures to ensure the protection of the public throughout the Bay Area.
C. The Need for Prohibitin1! "Saturdav Ni1!ht Specials" ("Junk Guns").
1. Handguns commonly known as "Saturday Night Specials", or "Junk Guns" are
poorly designed and made of inferior materials. Because of their inferior design and construction,
these firearms are not reliable for purposes of self-defense or well-suited for sporting purposes. As
defined in this legislation, Saturday Night Specials are inherently unsafe products.
2. Saturday Night Specials are easily concealable and disproportionately used in
crimes, particularly those committed by juveniles. According to the Bureau of Alcohol, Tobacco
and Firearms, four of the five handguns most frequently traced to crime scenes in 1995 were
Saturday Night Specials.
3. The Federal Gun Control Act of 1968 prohibits the importation of poorly made,
easily concealable handguns manufactured abroad, but does not prohibit the domestic manufacture
ofthese weapons.
4. On August 27, 1999, Governor Davis signed SB 15, establishing safety standards for
handguns. However, the law does not become effective until January 1, 2001.
5. The City of West Hollywood passed an ordinance banning the sale of Saturday
Night Specials in 1996. On September 29, 1998, the California Court of Appeal rejected a legal
challenge by the National Rifle Association and others, holding that the ordinance was not
preempted by state law or otherwise legally invalid. The California Supreme Court declined to
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review that decision. As of October 1, 1999, 45 California cities and counties had passed similar
junk gun sales bans.
6. The Council desires to promulgate regulations which will be applied to all existing
and future handguns intended to be sold in the Town of Tiburon to determine whether such
handguns are Saturday Night Specials/Junk: Guns, the sale of which would be prohibited.
D. Miscellaneous.
1. The requirements of the California Environmental Quality Act (CEQA) of 1970 and
the Town's CEQA Guidelines have been satisfied and this Ordinance is exempt from CEQA
THE COUNCIL OF THE TOWN OF TmURON HEREBY ORDAINS AS
FOLLOWS:
SECTION L Chapter 32 of the Town of Tiburon Municipal Code is hereby added to read
as follows:
CHAPTER 32
REGULATION OF FIREARMS
ARTICLE 1: REGULATION OF FIREARMS DEALERS
Sections:
32-1 Definition of Firearm.
32-2 Definition of Firearm Dealer.
32-2A Definition of Chief
32-3 Chiers Permit Required.
32-4 Application.
32-5 Investigation by Chief.
32-6 Conditions of Approval.
32-7 Requirement of a Secured Facility.
32-8 Liability Insurance.
32-9 Issuance of Permit Issued by Chief-Duration.
32-10 Grounds for Permit Denial.
32-11 Grounds for Permit Revocation.
32-12 Hearing for Permit Denial or Revocation.
32-13 Non-Assignability.
32-14 Compliance by Existing Dealers.
32-15 Record of Ammunition Sales.
32-16 Penalty.
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ARTICLE II: PROHmITION OF THE SALE OF SATURDAY NIGHT SPECIALS
("JUNK GUNS")
Sections:
32-17 Purpose and Intent.
32-18 Definitions.
32-19 Exclusions.
32-20 Roster of Saturday Night Specials.
32-21 Publication.
32-22 Prohibited Activity.
32-23 Exemptions.
32-24 Penalty.
ARTICLE II: RESTRICTIONS ON THE USE OF AIR RIFLES AND OTHER
FIREARMS
Sections:
32-26 Air Rifles; Restrictions on Use
32-27 Firearms; Discharge, Trespass with.
ARTICLE 1
REGULATION OF FIREARMS DEALERS
32-1 Definition of Firearm.
"Firearm" means any device, designed to be used as a weapon or modified to be
used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other
means of combustion.
32-2 Definition of Firearm Dealer.
"Firearm dealer" and "licensee", as used in this Article, means any person licensed to
sell, lease or transfer firearms pursuant to California Penal Code S 12071 (a)(I).
32-2A Definition of Police: Chief: Sheriff.
"Police" or "Police Department" as used in this Chapter shall mean the Town of
Tiburon Police Department. "Chief' as used in this chapter shall mean the Chief of Police or his
designee. "Sheriff" as used in this chapter shall mean the Marin County Sheriff or his designee.
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32-3 Chief's Permit Required.
It is unlawful for any firearms dealer to sell, lease or transfer firearms without a
permit issued by the Chief
32-4 Aoolication.
(A) An applicant for a permit or renewal of a permit under this chapter shall file
with the Chief an application in writing, signed under penalty of perjury, on a form
prescribed by the Town. The applicant shall provide all relevant information requested to
demonstrate compliance with this chapter including:
1. The name, including any aliases or prior names, age and
address ofthe applicant;
2. The applicant's Federal Firearms License and California
Firearms Dealer numbers;
3. The address of the proposed location for which the permit is
required, together with the business name, and the name of any
corporation, partnership or association that has ownership in, or
control over, the business, if any;
4. The names, ages and addresses of:
(a) all persons who will have access to or control of
workplace firearms, including but not limited to, the applicant's
employees, agents and/or supervisors, if any;
5. Proof of a possessory interest in the property at which the
proposed business will be conducted in the form of ownership, lease,
license or other entitlement to operate at such location and the
written consent of the owner of record of the real property;
6. A floor plan of the proposed business, which illustrates the
applicant's compliance with security provisions as outlined in
Section 32-7 of this chapter;
7. Proof of compliance with Town zoning requirements at the
proposed location by presentation of a zoning clearance letter from
the Planning Director of the Town of Tiburon or his designee. The
Planning Department may adopt an appropriate fee to implement this
requirement;
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8. Proof of compliance with all federal and state licensing laws;
9. Information relating to every license or permit to sell, lease,
transfer, purchase, or possess fireanns sought by the applicant from
any jurisdiction in the United States, including, but not limited to, the
date of application; whether each application resulted in the issuance
of a license and the date and circumstances of any revocation or
suspensIOn;
10. Information relating to every revocation of a license or
permit relating to firearms, including, but not limited to, date and
circumstances of the revocation;
II. Applicant's agreement to indemnify, defend and hold
hannless the Town, its officers, agents and employees from and
against all claims, losses, costs, damages and liabilities of any kind,
including attorney fees arising in any manner out of the applicant's
negligence or intentional or willful misconduct;
12. Certification of satisfaction of insurance requirements;
13. The date, location, and nature of all criminal convictions of
the applicant, if any, in any jurisdiction in the United States.
(B) The application shall be accompanied by a nonrefundable fee of $25
for administering this chapter. The fee may be increased by resolution of the Town Council
upon evidence of the actual cost of administering the application. The Council finds that the
$25 fee is reasonable and proper for administering this chapter and, in fact, represents a
fraction of the cost that will be incurred by the Police in processing the application.
32-5 Investi~ation by Chief
The Chief shall conduct an appropriate investigation of the applicant to determine
for the protection of the public safety whether the permit may be issued. The Chief shall require an
applicant, or any officer, agent or employee thereof, that will have access to or control of firearms to
provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records,
a complete personal history set forth on a questionnaire provided by the Chief, and any other
additional information which the Chief considers necessary to complete the investigation.
32-6 Conditions of Approval.
In addition to other requirements and conditions of this chapter, a permit by the
Chief is subject to the following conditions, the breach of any of which is sufficient cause for
revocation of the permit by the Chief:
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(A) The business shall be carried on only in the building located at the
street address shown on the permit. This requirement, however, does not prohibit the
permittee from participating in a gun show or event that is authorized by federal, state and
local law upon compliance with that law and upon compliance with any Town of Tiburon
Ordinance regulating the permissible locations of gun shows;
(B) The Chief's permit or a certified copy of it shall be displayed on the
premises and at gun shows where it can be easily seen;
(C) The applicant shall not permit any person under 18 years of age to
enter or remain within the premises without being accompanied by the parent, grandparent,
or legal guardian for the minor child where the firearm sales activity is the primary business
performed at the site;
. (D) The permittee shall not sell, lease or otherwise transfer a firearm
without also selling or otherwise providing with each firearm a trigger lock or similar device
that is designed to prevent the unintentional discharge of the firearm. Such device shall be
of a type approved by the Sheriff. The permittee shall advise the Chief of the type of device
at the time of application for the permit, renewal of the permit or at any time the permittee
desires to change the type of device previously approved by the Sheriff.
This subsection (D) only shall be rescinded on January 1, 2002, the effective
date of AB 106.
32-7 Requirement of a Secured Facilitv.
Firearms Dealers must comply with California Penal Code g12071 (b)(J4)
which provides:
At any time the licensee is not open for business, the licensee shall store
all firearms kept in his or her licensed place of business using one of the following methods as to
each particular firearm:
(A) Store the firearm in a secure facility as defined by Penal Code
Section 12071(c)(3) that is part of, or that constitutes, the licensee's business premises;
(B) Secure the firearm with a hardened steel rod or cable of at least
one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or
cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be
anchored in a manner that prevents the removal of the firearm from the premises.
(C) Store the firearm in a locked fireproof safe or vault on the
licensee's premises.
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32-8 Liabilitv Insurance.
(A) No permit issued by the Chief shall be issued or reissued unless
there is in effect a policy of insurance in a form approved by the Town and executed by
an insurance company approved by the Town, whereby the applicant is insured against
liability for damage to property and for injury to or death of any person as a result of the
sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum
liability limits shall not be less than $1,000,000 for each incident of damage to property
or incident of injury or death to a person; provided, however, that increased limits of
liability may be required by the Town Attorney if deemed appropriate in his or her sole
discretion.
(B) The policy of insurance shall contain an endorsement providing
that the policy shall not be canceled until notice in writing has been given to the Town
Manager at least 30 days prior to the time the cancellation becomes effective;
(C) Upon expiration ofa policy of insurance and ifno additional
insurance is obtained immediately, the permit is considered canceled without further
notice.
32-9 Issuance of Permit Issued bv Chief: Duration.
(A) The Police Department may grant a Chiefs permit to the applicant
if it finds that the applicant complies with all applicable federal, state and local laws
including but not limited to, the State Penal Code, Town Building Code, fire, zoning and
planning codes;
(B) A permit issued by the Chief expires one year after the date of
issuance. A permit may be renewed for additional one-year periods upon the permittee's
submission of an application for renewal, accompanied by a nonrefundable $25.00
renewal fee. The renewal application and the renewal fee must be received by the Police
department no later than 45 days before the expiration of the current permit;
(C) A decision regarding issuance or renewal of a permit may be
appealed in the manner provided pursuant to Section 32-12.
32-10 Grounds for Permit Denial
The Chief shall deny the issuance or renewal of a Chiefs permit when one
or more of the following conditions exist:
(A) The applicant has not complied with the requirements of this
chapter or, has violated the provisions of Section 32-20 of the Municipal Code pertaining
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to prohibited activity in connection with the sale, display or transfer of "Saturday Night
Specials";
(B) The applicant, or any officer, employee or agent thereof who will
have access to and control of firearms is under 21 years of age;
(C) The applicant is not licensed as required by federal and state law;
(D) The applicant or any officer, employee or agent thereof who will
have access to or control of firearms has had a license or firearms permit to sell, lease,
transfer, purchase or possess from any jurisdiction in the United States revoked,
suspended or denied for good cause within the immediately preceding (5) five years;
(E) The applicant or any officer, employee or agent thereof who will
have access to or control over firearms has made a false or misleading statement of a
material fact or omission of a material fact in the application for a police permit. If a
permit is denied on this ground, the applicant is prohibited from reapplying for a permit
for a period of(5) five years;
(F) The applicant or any officer, employee or agent thereof who will
have access to or control over firearms has been convicted of:
1. An offense which disqualifies that person from owning or
possessing a firearm under federal, state and local law, including, but not
limited to, the offenses listed in Penal Code section 12021;
2. An offense relating to the manufacture, sale, possession, use or
registration of a firearm or dangerous or deadly weapon.
3. An offense involving the use of force or violence upon the person
of another with a deadly weapon.
4. Any felony, misdemeanor burglary or misdemeanor fraud.
5. An offense involving the manufacture, sale, possession or use of a
controlled substance as defined by the State Health and Safety Code.
(G) The applicant or any officer, employee, or agent thereof who has
control over firearms is within a class of persons defined in Welfare and Institutions Code
Sections 8100 or 8103;
(H) The applicant or any officer, employee, or agent thereof who has
control over firearms is currently, or has been within the past (5) five years, an unlawful
user of a controlled substance as defined by the Health and Safety Code;
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(I) The operation of the business as proposed would not comply with
federal, state or local law.
32-11 Grounds for Permit Revocation.
In addition to the violation of any other provisions contained in this chapter,
circumstances constituting grounds for denial of a Chief's permit also constitute grounds for
revocation.
32-12 Hearing for Permit Denial or Revocation.
(A) A person whose application for a permit is denied or revoked by
the Chief has the right to a hearing before the Chief before final denial or revocation.
'(B) Within ten days of the mailing of written notice of intent to deny
the application or revoke the permit, the applicant may appeal by requesting a hearing
before the Chief The request must be made in writing, setting forth the specific grounds
for appeal. If the applicant submits a timely request for an appeal, the Chief should set a
time and place for the hearing within 30 days.
(C) The decision of the Chief shall be in writing within ten days of the
hearing. An applicant may appeal the decision of the Chief to the Town Manager or his
designee.
32-\3 Non-Assi!;tnability.
A Chiefs permit issued under this section is not assignable. An attempt to assign
a Chiefs permit renders the permit void.
32-14 Compliance by Existing Dealers.
A person engaging in firearm sales activity on the effective date of this chapter or
any amendment to it shall, within sixty (60) days after the effective date, comply with this
chapter and any amendment to it.
32-15 Record of Ammunition Sales.
Every holder of a business license to sell ammunition shall maintain
records pertaining to ammunition sales prescribed by this Chapter on the licensed premises and
in the manner prescribed herein. The record shall show:
(A) The date of the transaction;
(B) The purchaser's name, address and date of birth;
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(C) The purchaser's driver's license number or other identification and
State where issued;
(D) The brand of ammunition purchased;
(E) The type and amount of ammunition purchased; and
(F) The purchaser's signature.
(G) Log of Ammunition Sales.
The information required by this subsection 32-1 5(G) shall be
completed in the logbook at the time of the purchase. Such information shall be recorded in the
following format:
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AMMUNITION SALES REGISTRATION LOG
STORE:
Date Name Address Date of License/ID Ammunition Ammunition Purchaser
Birth & State Brand Type & Signature
Amount
1. The record shall be maintained in chronological order by date of
sale of the ammunition, and shall be retained on the licensed premises of
the business licensee for a period of two (2) years following the date of the
purchase of the ammunition.
2. At the direction of the Chief, Town of Tiburon Police officers may
enter the premises of any licensed vendor of ammunition during regular
business hours for the purpose of examining or inspecting any record
required by this Chapter.
Exception.
The provisions of this section shall not apply to the sale of firearm
ammunition by a firing range licensed to do business in the Town of Tiburon when the
ammunition so purchased is expended on the premises of the range and not removed for use
outside the range premises.
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32-16 Penaltv.
(A) Any person violating any of the provisions of this section shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
Five Hundred Dollars ($500) or by imprisonment not exceeding six months, or by both
such fine and imprisonment. Each 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 section
is committed, continued or permitted by such person.
The Marin County District Attorney is hereby designated as the
prosecuting agency for violations of this Article whenever such violations are to be charged
as misdemeanors.
(B) Any person found to be in violation of this chapter shall be subject to the
revocation of his or her law enforcement permit to sell, lease or transfer firearms.
(C) In addition to any other penalty or remedy, the County Counselor Town
Attorney may commence a civil action to seek enforcement of these provisions. The
Town Attorney may also elect to enforce this Ordinance by Administrative Citation
pursuant to Chapter 31 of the Municipal Code.
ARTICLE IT
PROHmITION OF THE SALE OF SATURDAY NIGHT SPECIALS ("JUNK GUNS")
32-17 Puroose and Intent.
The purpose of this chapter is to ensure the health, safety and general welfare of citizens of
the Town of Tiburon by eliminating the sale of cheaply made, inadequately designed, and poorly
manufactured guns in the Town ofTiburon.
32-18 Definitions.
Except as provided in Section 32-19 herein, the term "Saturday Night Special" (also known
as "Junk Gun"), as used in this Article, 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 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 semi-automatic pistol which:
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(C) is not originally equipped by the manufacturer with a locked-breech
action; and
(D) 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.
(E) for purpose of this subsection 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: (i) fires the cartridge in the chamber; (ii) ejects
the fired cartridge case; and (iii) loads a cartridge from the magazine into
the chamber. "Semi-automatic pistol" shall not include any assault
weapon designated in California Penal Code Section 12276.
(F) A pistol, revolver, or firearm capable of being concealed upon the person,
as those terms are defined in California Penal Code Section 1200 1 (a),
which:
1. 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 pressures 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 purpose of this subsection 3., "action mechanism" shall mean the
mechanism of a firearm by which it is loaded, locked, fired and
unloaded.
(G) For purposes ofthis section, the following definitions shall apply:
1. breech - the part of the firearm at the rear of the barrel;
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2. breechblock - the block in a breech-loading firearm that closes the
rear of the barrel against the force of the charge and prevents gasses
from escaping;
3. cylinder - the turning chambered breech of a revolver;
4. forged alloy - alloy shaped by heating and hammering;
5. firearm frame or receiver - that part of the firearm which provides
housing for the hammer, bolt or breechblock, and firing mechanism,
and which is usually threaded at its forward portion to receive the
barrel;
6. heat-treated - to treat metal by heating and cooling to improve its
qualities, most commonly to increase strength; and
7. tensile strength of heat-treated carbon steel - the known ultimate
tensile stress of heat-treated carbon steel (60,000 psi).
32-19 Exclusions.
The term "Saturday Night Special" or "Junk Gun" 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
(8) 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
l2020(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".
32-20 Roster of Saturday Night Specials
On or before December 1, 1999, the Marin County Sheriff's Department shall
compile, publish and thereafter maintain a Roster of Saturday Night Specials. The Roster
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shall list those firearms, by manufacturer and model number, which the Sheriffs Department
determines satisfY the definition of Saturday Night Special set forth in Section 32-18.
32-21 Publication
The Chief shall publish the Sheriffs Roster of Saturday Night Specials on a semi-annual
basis and shall send a copy of the Roster to every dealer within the Town who is licensed to sell and
transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. Following
December 1, 1999 publication, the publications shall be made thereafter on an as needed basis
when there are either additions or deletions from the Roster. Should there be no changes to the
Roster, then the previously designated list shall remain in full force and effect.
32-22 Prohibited Activitv.
No firearms dealer 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 firearms
dealer from processing firearm transactions between unlicensed parties pursuant to Section
12072( d) of the Penal Code of the State of California. This section shall not be enforced until the
Roster of Saturday Night Specials has been completed and published in accordance with Sections
32-20 and 32-21.
32-23 Exemptions.
Nothing in this section shall prohibit the disposition of any Saturday Night Special by Police
Departments, Chiefs Offices, Marshall's Offices, the California Highway Patrol, other local, State
and Federal law enforcement agencies, or the military and naval forces of this State or the United
States for use in the discharge of their official duties; nor shall anything in this section prohibit the
use of any Saturday Night Special by regular, salaried, full-time officers, employees or agents
thereof when on duty and the use of such firearms is within the scope of their duties.
32-24 Penaltv.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars
($1,000) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.
Each person shall be guilty of a separate offense for each and every day or during any portion of
which any violation of any provision of this section is committed, continued or permitted by such
person. In the alternative, the Town Attorney may elect to punish violations by Administrative
Citation pursuant to Chapter 31 of the Town Code.
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The Town of Tiburon designates the Marin County District Attorney as the
prosecuting agency for violations of this Article wherever such violations are to be charged as
misdemeanors.
SECTION IT. Sections 25-1 and 25-2 of the Tiburon Municipal Code, currently
found in Chapter 25, are hereby moved to become Article III of Chapter 32 and renumbered as
Sections 32-26 and 32-27. The remaining sections of Chapter 25, Sections 25-3 through 25-5,
inclusive, are hereby renumbered as Sections 25-1 through 25-3, inclusive.
SECTION ITI. If any section, subsection, clause, sentence, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be
declared invalid or unconstitutional.
SECTION IV. This Ordinance shall take effect and be in force thirty (30) days
after the date of passage. Pursuant to the provisions of Government Code Section 36933, a
summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior
to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (I)
publish the summary, and (2) post in the office of the Town Clerk a certified copy of the
ordinance. Within fifteen (IS) days after adoption of the ordinance, the Town Clerk shall (1)
publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text
of the ordinance along with the names of the Town Council members voting for and against the
ordinance.
SECTION V. Recission Date: Article II of Capter 32 shall be rescinded on
January I, 2001, the effective date ofSB 15.
III
III
III
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"
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on the 5th day of January, 2000, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
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