Title 13 PUBLIC PEACE, MORALS AND WELFARE
Chapter 13.67 PROHIBITION ON THE SALE OF FIREARMS AND AMMUNITION ON COUNTY PROPERTY
13.67.010. Legislative findings
A. Gunshot fatalities and injuries are of epidemic proportions in Los Angeles County; and
B. 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; and
C. Recent events throughout the county have generated additional fears of random usage of guns to commit violence on unsuspecting residents, children and adults alike; and
D. In Los Angeles County, in 1997 there were 1,385 firearms deaths. Additionally, in 1997 there were 2,651 hospitalizations for nonfatal injuries. Of these, 2,322 were assault/homicides; 64 were self-inflicted wounds/suicides, and 205 resulted from unintentional shootings; and
E. In Los Angeles County, 271 young people aged 19 or younger were killed with firearms in 1997 and an additional 839 were hospitalized for firearms-related injuries; and
F. Homicides committed with handguns are the leading cause of firearms related injuries and death in California. In 1997 alone, there were 1,944 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; and
G. The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents across the country; and
H. According to a recent report prepared by the Bureau of Alcohol, Tobacco, and Firearms (ATF) entitled "Gun Shows: Brady Checks and the Crime Gun Traces, January 1999," gun shows provide a forum for illegal firearms sales and trafficking. The ATF reviewed 314 recent investigations that involved gun shows in some capacity. The report states as follows:
The ATF investigations paint a disturbing picture of gun shows as a venue for criminal activity and a source of firearms used in crimes. Felons, although prohibited from acquiring firearms, have been able to purchase firearms at gun shows. In fact, felons buying or selling firearms were involved in more than 46 percent of the investigations involving gun shows. In more than a third of the investigations, the firearms involved were known to have been used in subsequent crimes. These crimes included drug offenses, felons in possession of a firearm, assault, robbery, burglary, and homicide;
I. The ATF report proceeds to state as follows:
Firearms involved in the 314 reviewed investigations numbered more than 54,000. A large number of these firearms were sold or purchased at gun shows. More than one-third of the investigations involved more than 50 firearms, and nearly one-tenth of the investigations involved more than 250 firearms. The two largest investigations were reported to have involved up to 7,000 and 10,000 firearms, respectively. These numbers include both new and used firearms;
J. One of the ATF investigations took place in 1994 where the ATF recovered two 9mm firearms which were traced to a Federal Firearms Licensee (FFL) in Whittier, California. The FFL had sold over 1,700 firearms to unlicensed purchasers over a four-year period without maintaining any records. Many of the sales occurred at swap meets in California. The firearms were then sold to gang members in Santa Ana and Long Beach, California; and
K. The ATF report also states that:
Although Brady Act background checks have been successful in preventing felons and other prohibited persons from buying firearms from FFLs, gun shows leave a major loophole in the regulation of firearms sales. Gun shows provide a large market where criminals can shop for firearms anonymously. Unlicensed sellers have no way of knowing whether they are selling to a violent felon or someone who intends to illegally traffic guns on the streets to juveniles or gangs. Further, unscrupulous gun dealers can use these free-flowing markets to hide their off-the-book sales. While most gun show sellers are honest and law-abiding, it only takes a few to transfer large numbers of firearms into dangerous hands;
L. At the Great Western Gun Show held at the Los Angeles County Fairgrounds last April 30th -- May 2nd, the State Department of Justice (DOJ) conducted a sting operation to determine if illegal gun trafficking was occurring. During this event, DOJ agents purchased several items that are not legal for sale in California, including two illegal assault weapons, five illegal machine gun conversion kits, and one illegal rocket launcher with projectile. Each of these items was purchased without the completion of a background check as required by law. The firearms purchased were delivered immediately to the agents, without regard to the 10-day waiting period that is also required by law. According to the Attorney General, the only reason agents were not able to identify more illegal gun trafficking is because they ran out of time and money. In fact, city of Pomona police arrested five additional individuals at the gun show for illegal sales; and
M. According to the ATF, on August 13, 1999, the ATF, Pomona Police Department and the State DOJ Bureau of Narcotics Enforcement (BNE) made an arrest after an individual delivered 10 Sten machine guns, and a Browning Automatic Rifle to an undercover ATF agent. Pursuant to a search of his residence, additional machine guns and machine gun kits were discovered. The selling of machine guns or the kits to manufacture machine guns is a violation of federal firearms law. The investigation began on July 10, 1999, after undercover agents met with the individual at his vendor’s table at the Great Western Gun Show, Fairplex Complex in the city of Pomona. This meeting eventually led to the delivery of six machine guns in the days following the initial negotiations; and
N. At least three of the weapons acquired or possessed by the robbers in the infamous North Hollywood shoot-out of February 28, 1997, were traced back to a gun show on county property where the robbers had purchased them. (Ord. 99-0081 § 1 (part), 1999.)
13.67.020. Legislative intent
With passage of the ordinance codified in this chapter, the county seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety, and welfare of all of its residents. The county also seeks to ensure that all gun transfers occur legally, consistent with state law, and with the requisite background checks. (Ord. 99-0081 § 1 (part), 1999.)
The sale of firearms and/or ammunition on county property is prohibited. (Ord. 99-0081 § 1 (part), 1999.)
As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended.
A. County Property. "County property" includes real property owned, leased, subleased, or otherwise assigned by the county, or real property subject to the use and control of the county. It includes real property of the county in the possession of a public or private entity under contract with the county. By way of example, it includes all public buildings and the surrounding grounds owned or leased by the county in the unincorporated and incorporated portions of the county, such as the Los Angeles County Fairgrounds in the city of Pomona.
B. Firearm. "Firearm" includes all devices described in California Penal Code Section 12001, including, but not limited to, any gun, pistol, revolver, rifle or any device, designed 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. "Firearm" does not include any instrument as referred to in Government Code Section 53071.5.
C. Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2).
D. Peace Officer. "Peace officer" is any person who is a peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Sections 830, et seq.).
E. Sale. A "sale" is any transaction, with or without the exchange of consideration, which transfers ownership, title, possession, or control of any firearm, or gives, loans, leases, or delivers a firearm. A "sale" includes the act of placing an order for any of the aforementioned transfers. The act of displaying a firearm shall not constitute a sale for purposes of this chapter. (Ord. 99-0081 § 1 (part), 1999.)
Section 13.67.030 shall not apply to the sale of any firearm by a peace officer when on duty and the sale of such firearm is within the scope of his/her duties. In addition, said section shall not apply to: (A) either the sale of ammunition, or the rental of any firearm, for on-site recreational use, at the Whittier Narrows Trap and Skeet Range within the Whittier Narrows Regional Park; or (B) to the public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligations under state law. (Ord. 99-0081 § 1 (part), 1999.)
Every violation of this chapter shall constitute a misdemeanor. (Ord. 99-0081 § 1 (part), 1999.)
If any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 99-0081 § 1 (part), 1999.)(Top)
St. Louis City Revised Code Chapter 11.33. CONDUCT ON PUBLIC TRANSPORTATION
Prior history: 1948 C. Ch. 46 § 71: 1960 C. 792, Ord. 58128.
11.33.030. Prohibited acts
The following acts are prohibited to the extent provided in this section:
J. No weapon or other instrument intended for use as a weapon may be carried in or on any facility or conveyance, except by law enforcement personnel. For the purposes hereof, a weapon shall include, but not be limited to, a firearm, switchblade knife, sword, or any instrument of any kind known as blackjack,billy club, club, sandbag, metal knuckles, leather bands studded with metal, wood impregnated with metal filings or razor blades; except that this subsection shall not apply to a rifle or shotgun which is unloaded and carried in any enclosed case, box or other container which completely conceals the item from view and identification as a weapon.(Top)
Title 14 PUBLIC PEACE, SAFETY AND MORALS
Chapter 14.32 WEAPONS AND EXPLOSIVES
14.32.012. Assault Weapons (Added by Ord. No. 164986, Jan. 16, 1992.)
A. As used in this ordinance, "assault weapon" means:
1. All of the following semi-automatic rifles:
Avtomat Kalashnikov (AK), all models,
Beretta AR-70 and BM-59,
Browning Automatic Rifle (BAR),
Calico M 100 and M 900,
Colt AR-15 and CAR-15,
Daewoo Max-1 and Max-2,
Fabrique Nationale FN-FAL, FN-LAR and FNC,
Galil AR and ARM,
Heckler & Koch HK-91, HK-93, HK-94 and PSG-1,
Semi-automatic Thompson gun,
Sigarms 57 AMT and 500 series,
Springfield Armory G-3, SAR-48 and BM-59 Alpine,
Uzi Carbine and Mini Carbine,
Valmet M-76 and M-78.
2. All of the following semi-automatic pistols:
Iver Johnson Enforcer,
MAC-10 and MAC-11,
3. All of the following shotguns:
Franchi SPAS-12 and LAW-12,
Striker-12 and Street Sweeper.
4. Any copy of a firearm listed in subsections (1), (2) or (3) by the same or other manufacturers, including but not limited to, commercial manufacturers and private individuals, which is identical or has slight modification or enhancements such as a folding or retractable stock, different sights, case deflector for left-handed shooters, shorter barrel, stock of different composition, larger ammunition capacity, different caliber, or bayonet mount.
5. Any weapon of any description by whatever name known which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.
B. "Assault weapon," as used in this Chapter does not include any of the following:
1. Any firearm modified to render it permanently inoperative.
2. Any rifle or pistol designed or modified to render it permanently not an automatic or semi-automatic firearm.
3. Any handgun that is a revolver or conventional semi-automatic pistol incapable of receiving a magazine of more than 20 rounds.
4. Any weapons which do not use fixed ammunition, weapons which were in manufacture in or prior to 1898, manually operated bolt action weapons, lever action weapons, slide action weapons other than those specified in Section A, Subsection (3) above, single-shot weapons, multiple-barrel weapons, semi-automatic weapons which use exclusively Mannlicher-style clips, semi-automatic weapons in manufacture prior to 1947, rim-fire weapons that employ a tubular magazine.
C. Annually, the Portland Police Bureau shall review this Section, compare it to the list in the Multnomah County law regulating possession of assault weapons in public places, and recommend to the Portland City Council whether any weapons should be added to or deleted from this Section. The City Council may itself initiate review of the list.
D. "Firearm" is as defined in ORS 166.210 and means a weapon, by whatever name known, which is designed to expel a projectile by the action of smokeless powder and which is readily capable of use as a weapon.
E. "Public place" is as defined in ORS 161.015 (9) and means a place to which the general public has access and includes, but is not limited to, hallways, lobbies, and other parts of apartment house and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks playgrounds, and premises used in connection with public passenger transportation.(Top)
SALT LAKE CITY CODE 1987
Title 11 PUBLIC PEACE, MORALS AND WELFARE
Chapter 11.50 ANTI-GANG FIREARMS CRIMES
Article I. General Provisions
The provisions of this article shall be known as the "Salt Lake City Anti-Gang Firearms Criminal Ordinance."
A. "Ammunition" means unexpended bullets or shells for any firearm.
B. "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. The following factors shall be used in determining whether an item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
1. The character of the instrument, object or thing;
2. The character of the wound produced, if any; and
3. The manner in which the instrument, object or thing was used.
C. "Firearms" means pistols, revolvers, rifles, shotguns, sawed-off shotguns, or sawed-off rifles or any other device that could be used as a weapon from which a projectile is expelled by the force of exploding gunpowder, except black powder muzzle loading weapons.
D. "Full automatic weapon" means any firearm which fires, is designed to fire, or can be readily restored to fire automatically, more than one bullet or other missile without manual reloading, by a single function of the trigger.
E. "Handgun" means a pistol, revolver or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.
F. "Hunting" means:
1. For species with a specific season, the pursuit or shooting of such a species, during a designated hunting season for that species, in an area designated for hunting the species and with a valid hunting license and firearm permitted for hunting such species.
2. For species for which there is no specified season, the pursuit or shooting of any non-seasoned species for which hunting is allowed by law in an area where such hunting is allowed, with a valid license to hunt and in possession of a legal weapon for hunting such species.
3. "Hunting" includes the transportation of firearms by animal or motor vehicles in areas where hunting is allowed by law.
G. "Licensed dealer" means any person or business licensed by any city, state, county or federal agency for the sale of firearms.
H. "Licensed shooting range" means:
1. Lawfully operated target concessions at amusement parks, piers and similar locations, provided that the firearms to be used are firmly chained or affixed to the counters;
2. Commercial trap or skeet fields or shooting ranges, during regular business hours; or
3. Other shooting ranges allowed by law.
I. "Loaded weapon" means:
1. Any pistol, revolver, shotgun, rifle, or other weapon described in this article when there is an unexpended cartridge, shell, or projectile in the firing position.
2. Pistols and revolvers when an unexpended cartridge, shell or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell or projectile to be fired.
3. A muzzle loading firearm when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
J. "Multi-burst trigger activator" means a device designed or redesigned to be attached to a semi-automatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device.
K. "Police department" means the Salt Lake City Police Department.
L. "Private firearm sale" means the sale or other transfer of a firearm for value, other than a sale to a licensed dealer.
M. "Sawed-off shotgun" or "sawed-off rifle" means a shotgun or rifle having a barrel or barrels of fewer than eighteen inches in length, or in the case of a rifle, having a barrel or barrels of fewer than sixteen inches in length or any dangerous weapon as defined by the state of Utah made from a rifle or shotgun by alteration, modification or otherwise, if the weapon as modified has an overall length of fewer than twenty-six inches.
J. "Working days" means Monday through and including Friday except that legal holidays of the state of Utah shall not be included as working days. (Ord. 82-93 § 1 (part), 1993)
Article II. Sales
11.50.030. Scope of sale restrictions
The firearm sale provisions of this article shall apply to any private firearm sale within Salt Lake City whether or not from a licensed dealer. (Ord. 82-93 § 1 (part), 1993)
11.50.040. Identification required before sale
It is unlawful for any firearm to be sold until the seller shall have seen a presently valid identification card, such as a driver’s license or similar state-issued identification, and the seller is reasonably satisfied that the identification card is genuine, is that of the purchaser, and shows the purchasers age to be that allowed for sale of the firearm to be purchased. The identification card shall include a photograph and the name, address, and date of birth of the purchaser. (Ord. 82-93 § 1 (part), 1993)
11.50.050. Selling firearms and ammunition to persons under eighteen prohibited
It is unlawful for a firearm or ammunition to be sold to any person under the age of eighteen years unless accompanied by a parent or legal guardian. (Ord. 82-93 § 1 (part), 1993)
11.50.060. Review period for firearm purchase
A. It is unlawful for a firearm to be delivered to a purchaser eighteen years of age or older and under the age of twenty-five in a private firearm sale less until such time, not to exceed five working days after the purchaser shall have signed, dated and timed a notice of intent to take delivery, in substantially the following form:
I, [purchaser’s name address, date of birth, and driver’s license or identification card number] intend to take delivery of a firearm. I have given [seller] notice of this intent to take delivery at o’clock .M. on the day of , 19 a firearm described as [make, model and serial #] , and I acknowledge that I cannot lawfully take delivery or possession of the firearm until after o’clock .M. on the day of , 19 .
B. The seller and buyer involved in such a private firearm sale of a firearm may agree between themselves when the purchase price of the firearm shall be paid.
C. Within twenty-four hours of the execution of a notice of intent, the proposed firearm seller shall deliver a true and accurate copy of the notice of intent to the police department for a background check on the proposed purchaser.
D. If the seller fails to deliver the notice of intent to the police department within twenty-four hours, the running of the review period shall be suspended until the notice of intent is delivered to the police department. The review period shall resume upon delivery and shall expire upon notification by the police department as provided in subsection E of this section, or its successor, but in no event later than four working days after delivery of the notice of intent to the police department.
E. Upon completion of the review authorized in subsection I of this section, or its successor, the police department shall inform the proposed seller whether the proposed buyer is prohibited by law from the possession or purchase of the firearm or that the possession or purchase is not prohibited.
F. It is unlawful to sell or deliver the firearm to the buyer if the police department has informed the seller that the buyer is prohibited by law from buying or possessing the firearm.
G. If upon expiration of the review period the police department has not informed the proposed seller that the sale is prohibited, the sale may be completed.
H. It is unlawful for the seller to intentionally become unavailable or to otherwise avoid contact with the police department for the purpose of avoiding notification during the review period.
I. The police department is authorized to conduct investigations of criminal history and identification for the purpose of ensuring compliance with this chapter. (Ord. 82-93 § 1 (part), 1993)
11.50.070. Sale of multi-burst trigger activators prohibited
It is unlawful to manufacture, distribute, give, use or sell any multi-burst trigger activator. (Ord. 82-93 § 1 (part), 1993)
Article III. Possession
The provisions of this article shall not apply to any of the following:
A. United States marshals while engaged in the performance of their official duties;
B. Federal officials required to carry firearms while engaged in the performance of their official duties;
C. Law enforcement officials of the state of Utah or other jurisdiction while engaged in the performance of their officials duties;
D. Common carriers while engaged in the regular and ordinary transport of firearms as merchandise;
E. Persons authorized by the United States or by the state of Utah to carry concealed weapons. (Ord. 82-93 § 1 (part), 1993)
11.50.090. Sawed-off rifles, sawed-off shotguns and full automatic weapons prohibited
Unless otherwise provided by law, it is unlawful for any person to possess, own, use or transport any sawed-off rifle or sawed-off shotgun or full automatic weapon. (Ord. 82-93 § 1 (part), 1993)
11.50.100. Prohibition of possession of certain weapons by minors
Except as specified in Section 11.50.110
A. Minors under eighteen years of age may not possess a handgun;
B. Except as provided by federal law, a minor under eighteen years of age may not possess the following:
4. Sawed-off rifles or sawed-off shotguns,
5. Full automatic weapons, and
6. Any other firearm not specifically listed in this section.
C. Dangerous weapons, other than firearms or ammunition already prohibited in subsections A and B above, or their successors, may not be possessed by a minor under eighteen years of age unless the minor:
1. Has the permission of the minor’s parent or guardian to have the weapon, or
2. Is accompanied by a parent or guardian while the minor is in possession of the weapon;
D. Any minor under fourteen years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. (Ord. 82-93 § 1 (part), 1993)
11.50.110. Exceptions to prohibitions
It not being the intent of the city to prohibit or restrict the lawful movement of firearms within or through the city for the purpose of engaging in lawful hunting, firearms training or shooting competition, the provisions of Section (D) or successor sections shall not apply to the following:
A. Patrons firing at lawfully operated target concessions at amusement parks, piers, and similar locations, provided that the firearms to be used are firmly chained or affixed to the counters;
B. Any person in attendance at a hunter safety course or a firearms safety course;
C. Any person engaging in practice or any other lawful use of a firearm at an established and licensed shooting range;
D. Any person engaging in a lawfully organized competition involving the use of a firearm;
E. Any minor under eighteen years of age is not considered to be in possession of a handgun, shotgun, rifle, or ammunition if the minor is an employee and on the premises where the minor is employed and the employer lawfully has a handgun, shotgun, rifle or ammunition on the premises;
F. Any hunter with a valid hunting license or other persons who are lawfully engaged in hunting;
G. Any person traveling to or from any activity described in subsections B, C, D, E or F of this section, or their successors, with an unloaded firearm in his possession. (Ord. 82-93 § 1 (part), 1993)
11.50.120. Parent or guardian providing firearm to violent minor
A parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor who has been convicted of a crime of violence or any minor who has been adjudicated in juvenile court for an offense which would constitute a crime of violence if the minor were an adult. (Ord. 82-93 § 1 (part), 1993)
11.50.130. Parent or guardian knowing of minor’s possession of dangerous weapon
Any parent or guardian of a minor who knows that the minor is in possession of a dangerous weapon in violation of Section 11.50.100, or its successor, and fails to make reasonable efforts to remove the dangerous weapon from the minor’s possession or, if the weapon cannot be reasonably removed, fails to promptly notify the police department, is guilty of a Class B misdemeanor. (Ord. 82-93 § 1 (part), 1993)
11.50.140. Possession prohibited under the influence of drugs or alcohol
It is unlawful for any person under the influence of any drug or other substance prohibited by statute, or having a blood alcohol content in excess of .08, to be in physical possession of a firearm or to transport a firearm in any vehicle in such a manner that the person under the influence has access to the firearm. (Ord. 82-93 § 1 (part), 1993)
11.50.150. Providing firearms to persons under eighteen prohibited
A. It is unlawful for any person to provide a firearm to any person under the age of eighteen years when the possession of the firearms by the minor is in violation of Article III of this chapter.
B. It is unlawful for any person to provide a sawed-off rifle, sawed-off shotgun, multi-burst trigger activator, or full automatic weapon to any person under the age of eighteen years. (Ord. 82-93 § 1 (part), 1993)
Violation of this chapter shall be a Class B misdemeanor. (Ord. 82-93 § 1 (part), 1993)
The civil penalty provisions of this article shall apply to any person selling or possessing a firearm in violation of the provisions of this chapter whether or not that person has been charged or convicted with a criminal offense under this chapter. (Ord. 82-93 § 1 (part), 1993)
11.50.180. Business license suspension or revocation
A. The city business license of any business selling firearms shall be suspended for not less than thirty days or revoked for the violation of any provision of this chapter.
B. The city business license of any business selling firearms shall be revoked for not less than one year for any second violation of this chapter which has occurred within twelve months of another violation.
C. All other city authorizations required for a business shall be terminated for any business selling any firearm during a period of suspension or revocation. No firearms may be sold by a business after the terminations provided herein except to a licensed firearm dealer.
D. If a business is licensed and engages in sale or activities other than the selling of firearms, the suspension and/or revocation referred to in this section shall apply only to the firearms and ammunition portion of the business. (Ord. 82-93 § 1 (part), 1993)
Any firearm or ammunition which a police or other law enforcement officer has probable cause to believe is being sold, transferred, possessed or used in violation of the provisions of this chapter may be seized. Upon a finding by a court that the firearm or ammunition were possessed in violation of this chapter, the firearm or ammunition shall be:
A. Confiscated by the court;
B. Conveyed to the governmental entity seizing the firearm or ammunition; and
C. Upon the expiration of any time for appeal, sold at a public auction or otherwise disposed of by the seizing governmental entity; provided, that sawed-off shotguns, sawed-off rifles and any handgun, not usable by the seizing agency, shall be destroyed. (Ord. 82-93 § 1 (part), 1993)
It is unlawful for any parent, guardian or person having charge or control of any child under the age of fourteen years to allow or permit such child to have or possess, with the intent to use within city limits, any firearm, airgun, rubber flipper, or bow and arrow, or any other instrument designed to throw or propel missiles. (Prior code § 32-6-4)
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