HomeMy WebLinkAbout8.2 Assault Weapons Ordinance 5 Vs-- 9b
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 24, 1989
SUBJECT Assault Weapons Ordinance
(Prepared by City Attorney's Office)
EXHIBITS ATTACHED Memorandum from the Office of the State Attorney
General; Draft Ordinance.
RECOMMENDATION/,./ : Consider.
FINANCIAL STATEMENT: None.
DESCRIPTION This year the State Legislature passed Senate Bill 292
(Roberti ) and Assembly Bill 375 (Roos) which prohibit some 56 specific
assault weapons effective January 1 , 1990 . These Bills were sponsored by
numerous law enforcement officials throughout the state. A copy of the
memorandum from the State Attorney General' s Office describes the provisions
in the State Legislation which will become effective on January 1 , 1990 .
(See attached. )
Since the passage of the State Legislation, numerous local agencies have
passed local ordinances prohibiting the sale of these assault weapons within
their communities . These local ordinances are aimed at restricting the sale
of assault weapons during the "window" period prior to the effective date of
the State Legislation.
Mayor Moffatt has requested that the City Attorney' s Office prepare a report
and draft Ordinance which would prohibit the sale or transfer of assault
weapons locally until the State Legislation becomes effective. Mayor
Moffatt has also requested that this ordinance and report be presented to
the Council for its consideration.
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COPIES TO:
ITEM NO. t i'ra , !,.•.
1515 K Street.Swte 600 :, ^, 3580 wlsnee Boulevard.Surte 800
P 0.Box 94x255 a;ate••�,i
+�`. Los Angeles,Cafrfomra 90010
Sacramento.CaWor 94244.2550 r— '. (213)7362273
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(916)324-5437
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John K. Van de Kamp
X1107"General
June 9 , 1989
ALL SHERIFFS, POLICE CHIEFS AND DISTRICT ATTORNEYS
ASSAULT WEAPONS - SB 292 (Roberti) and AB 375 (Roos)
The Governor has signed SB 292 and AB 357 which prohibit some 56
specific assault weapons effective January 1, 1990 . Since AB 357
was chaptered last, its provisions actually control. A copy of
the bill- itself and a summary of its major provisions are
enclosed.
These bills were sponsored by Los Angeles County Sheriff Sherman
Block, Los Angeles Police Chief Daryl Gates, Alameda County
District Attorney Jack Meehan, Oakland Police Chief George Hart
and myself. They represent months of difficult drafting,
negotiations and intense lobbying by sheriffs and. chiefs around
the state_ California's action in this area led directly to
President Bush' s decision to impose a .siirilar ban on the
importation of assault weapons . While no one believes that these
bills alone will end the gang warfare plaguing many of our
communities, they give law enforcement an important new tool by
prohibiting -the possession and transportation of assault weapons
and impose stiff new enhancements for the use of these weapons .
The bills also create a new civil ,=ocedsre by which the Attorney
General may request the court to declare a copy of one of the
specific gums listed in statute to also be an assault weapon if
the court finds that the gun meets a very strict standard limited
to essentially identical copies of the listed firearms . This
provision prevents a manufacturer from simply renaming the AK-47
and then selling basically the same gun as the AK-48 . If your
department becomes aware of firearms which you believe meet this
standard, please contact Jerry Clemons, Director of our Division
of Law Enforcement ( 916) 739-5241 .
JOHN K. VAN DE KAMP Slate of California
:Attorney General DEPAMUENT OF JUSTICE
1515 K STREET. SUITE 511
P.O. BOX 944255
SACRAMENTO 94244-2550
(916) 445-9555
SB 292 (Roberti) and AB 357 -(Rocs)
ASSAIIL.T WEAPCNS
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SB 292 (Roberti) and AB 357 (Roos) together provide the following provisions
regarding assault weapons:
Assaults
Penal Code section 245 currently punishes assault with a deadly weapon
==e involving a firearm with 2, 3 or 4 years in priscn. A new e of assault
with an assault weapon is created, punishable by 4, 8 or 12 years in prison.
Section 245 presently provides increased punishment if the assault is
committed against a peace officer - 3, 4 or 5 years. Now if the assault is
with an assault weapon the punishrlent will be 6, 9 or 12 years.
Advertisirxx
Section 12020.5 currently prohibits advertising any weapon banned by section
12020 (blackjacks, sawed-off shotguns, etc.). This section is amended to
also prohibit Ong of assault weapc ns.
.Enhancements
Section 12022 presently provides a one-year enhancement if the defendant is
anned with a firearm during the comussian of a felony. Now if the
defendant is armed with an assault weapon, the enhancement will be three
years.
Section 12022.5 provides a two-year enhancement if the defendant uses a
f i ream in the colmiissim of a felony. That enhancement is increased to
five years if an assault weapcm is used.
Assault Wks
Def inition
A List of 56 specific assault weapons identified by trade name are
prohibited. Additionally, the Attorney CenPra t may have the court declare a
fi rm+ to be a replica assault weapon if it�falls into either of these
catgories:
pre-June 1, 1989, firearms - other models by the same manufactures, or
a copy by a different manufacturer, of one of the listed guns which is
identical to the listed model except for slight variations.
Post-Tune 1, 1989, firearms- new firearms ream which are renamed, redesigned
or renumbered from the listed firearms, or sold by different caumnies
under a licensing agreement-
(fin finding and declaration by the court that a firm meets either test,
the firearn is in effect added to the list of specified assault weapons. At
that point all otherovisicns of the bill apply to it.
Penalties
The manufacture, sale, in ortation, giving-or lending of assault weapons is
a felony punishable by 4, 6 or 8 years in griscn. Simple possession is a
Iwobbler° felony/misdemeanor. However, first time possession is an
infraction if the defendant meets all of the following conditions.
(1) the weapon was lawfully obtained;
(2) the weapon was used or possessed in cxmpli_ance with the
restrictions governing use and possession of registered weapons;
and
(3) the weapon has since been registered or relinquished.
If all these conditi.cns are met, first time failure to register is an
infraction punishable by a mininn fine of $350. The court may order the
gun destroyed upon a finding that destruction is in the interest of public
safety-
Law Enforcement
Sworn members of the following law enforcement agencies are authorized to
use assault weapons in the scope of their official duties: Department of
Justice, police, sheriffs, district attorneys, ChT, the Deft of
Corrections, and the State Police.
GrandfatherinQ
Those who lawfully owned assault weapons Prior to June 1, 1989, must
register with the Department of Justice by January 1, 1991. The department
is to establish procedures for registration, the individual must submit a
thumbprint, and the fee shall not exceed $20 per individual. Individuals
under age 18, those prohibited bi ted from possessing cmcealable firearms due to
c u na 1 convictions and those prohibited frm possessing weapons due to
mental disabilities may not possess assault weapons.
Once registered, an individual may only use the assault weapon as specified
in the bill:
residence, business, or arty of another
wat ith the ell�ss consent;
with the
at a bona fide tit range
at a fi.reann axhibitim as specified; or
while transPortinq between these locations if in a=lianCe with
section 12026.1.
pits
the
A pe=n
it
anu �t
of justice for ar 1e who
mst be obtained frc
wants to:
_ mire an assault wea= aftPx January 1, 1990;
1 —'— between June 1, 198°,
_ re= an
assault weapon which was aczuixed between
and January 1► 1990; or
use an assault weapon
for a function beycnd the actvities
authorized under simple regi r ticn-
Carolyn McIntyre lative ptivocate
Supervising S,rer-,al pq�it/Iegre
(916) 324-5476
00003
IN THE CITY COUNCIL OF THE CITY OF DUBLIN
ORDINANCE NO. -89
URGENCY ORDINANCE PROHIBITING SALE OF
CERTAIN DESCRIBED FIREARMS TO TAKE
EFFECT IMMEDIATELY FOR THE PRESERVATION
OF THE PUBLIC HEALTH, SAFETY AND WELFARE
The City Council of the City of Dublin does ORDAIN as
follows:
Section 1. Findings and Intent
(a) The Council finds and declares that the Legislature of
the State of California has duly enacted Chapter 2 .3 (commencing
with Section 12275 et sect. ) of Title 2 of Part 4 of the
California Penal Code which prohibits the manufacture, sale and
possession of assault weapons. However, the provisions of
Chapter 2 . 3 are operative January 1, 1990. Chapter 2 . 3 requires
the Department of Justice to register assault weapons lawfully
owned prior to June 1, 1989 . The Department of Justice is
required to issue permits for assault weapons acquired during the
period of June 1, 1989, to January 1, 1990. The Attorney General
has stated that the requirements for obtaining permits for those
assault weapons acquired after June 1, 1989, will be more
stringent than for registering those lawfully owned prior to June
1, 1989.
(b) The Council further finds and declares that an alarming
number of these firearms are readily and commercially available
to all elements of our society without restriction and that the
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proliferation and use of assault weapons poses a grave and
present threat to the health, safety, and security of all
citizens of this City. The assault weapons defined in Chapter
2 . 3 have such a high rate of fire and capacity for fire power
that their function as a legitimate sports or recreational
firearm is substantially outweighed by the danger that they can
be used to kill and injure human beings.
(c) Because the provisions of Chapter 2 . 3 will not become
operative until January 1, 1990, businesses in Dublin may sell
assault weapons. The County of Alameda has recently adopted an
Ordinance prohibiting the sale of assault weapons within the
unincorporated area of the County and has urged all cities in
Alameda County to likewise prohibit sales of assault weapons
until Chapter 2 . 3 is operative.
(d) It is the sole purpose and intent of this Ordinance to
prohibit the sale or transfer of assault weapons from and after
the effective date of this Ordinance until the effective date of
Chapter 2 . 3 of Title 2 of Part 4 of the California Penal Code.
Section 2 . Definition of Assault Weapon
As used in this Ordinance, "assault weapon" shall mean the
following firearms known by trade names:
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(a) All of the following specified rifles:
1. Avtomat Kalashnikovs (AK) series
2 . UZI and Galil
3 . Beretta AR-70 (SC-70)
4 . CETME G3
5. Colt AR-15 series and CAR-15 series
6. Daewoo K-1, K-2 , Max 1, and Max 2
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7. Fabrique Nationale FN/FAL, FN/LAR, and FNC
8 . FAMAS MAS223
9 . Heckler & Koch HK-91, H-93, HK-94, and PSG-1
10. MAC 10 and MAC 11
11. SKS with detachable magazine
12 . SIG AMT, SIG 500 Series, and SIG PE-57
13 . Springfield Armory BM59 and SAR-48
14 . Sterling MK-6 and SAR
15. Steyr AUG
16. Valmet M62 , M71S, and M78
17 . Armalite AR-180 Carbine
18. Bushmaster Assault Rifle (armgun)
19 . Calico M-900 Assault Carbine
20. Mandall THE TAC-1 Carbine
21. Plainfield Machine Company Carbine
22 . PJK M-68 Carbine
23 . Weaver Arm Nighthawk
(b) All of the following specified pistols:
1. UZI
2 . Encom MP-9 and MP-45
3 . MAC 10 and MAC 11
4 . INTRATEC TEC-9
5. Mitchell Arms Spectre Auto
6. Sterling MK-7
7 . Calico M-900
(c) All of the following specified shotguns:
1. Franchi SPAS 12 and LAW 12
2 . Gilbert Equipment Company Striker 12 and SWD
Street Sweeper
3 . Encom CM-55
Section 3 . Person and Gun Dealer Defined
(a) As used in this Ordinance, "person" means an
individual, partnership, corporation, association, or any other
group or entity, regardless of how it was created.
(b) As used in this Ordinance, "licensed gun dealer" means
a person who has a federal firearms license, any business license
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required by the state or a local governmental entity, and a
seller's permit issued by the State Board of Equalization.
Section 4 . Unlawful Activities
Except as specified in paragraphs (a) and (b) of this
Section 4 , no person, including but not limited to licensed gun
dealers, shall sell, keep for sale, offer or expose for sale,
give, lend or transfer ownership of any assault weapon.
(a) Any assault weapon may be sold, given, or transferred
to a licensed gun dealer.
(b) Nothing in this Ordinance shall prohibit the
acquisition, possession, or disposition of assault weapons by
police departments, sheriff 's departments, marshal 's offices, the
California Highway Patrol, other local, state and federal law
enforcement agencies, or the military forces of this state or the
military and naval forces of the United States for use in the
discharge of their official duties; nor shall anything in this
section prohibit the acquisition or possession of assault weapons
or magazines therefor by any regular, salaried, full-time
officer, employee or agent thereof when on duty and the use of
assault weapons is within the scope of their duties.
Section 5. Remedies - Not Exclusive
(a) The remedies provided under this Ordinance are in
addition to any the City or any person might have under
applicable law.
(b) The violation of this Ordinance shall be a misdemeanor.
(c) Any person violating this Ordinance shall be liable to
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the City of Dublin for a civil penalty of $5, 000. 00 per sale for
each such weapon sold. The City Attorney may bring a civil
action under this section for injunctive or other relief. All
payments under this section shall be used exclusively for the
purpose of enforcing the provisions of this Ordinance or for
enforcing narcotics, controlled substances, and related statutes.
(d) Any assault weapons which are sold or transferred in
violation of this Ordinance shall be seized and following the
provision to the owner of reasonable notice and an opportunity to
be heard, may be destroyed as contraband.
Section 6. Inspection Warrants
The City may take all lawful steps to investigate suspected
violations of this Ordinance, and where necessary may petition
the magistrate of a court of record for an inspection warrant as
provided for in Title 13, Code of Civil Procedure, Sections
1822 . 50 - 1822 . 59.
Section 7. Severability
If any provisions of this Ordinance or the application
thereof to any person or circumstances is held invalid, that
invalidation shall not affect other provisions of applications of
the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are severable.
Section 8 . Sunset
This Ordinance shall terminate automatically and be of no
further force and effect at midnight on December 31, 1989 .
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Section 9 . Effective Date of Urgency Ordinance
This Ordinance is hereby declared an urgency measure
necessary to protect the public health, safety and welfare. In
addition to the facts stated in Section 1 hereof, the further
facts constituting such urgency are that the continued sale of
assault weapons during the period from the date of enactment of
Chapter 2 . 3 of Title 2 of Part 4 of the California Penal Code
until the operative date thereof will permit numerous assault
weapons which have no legitimate sporting or recreational purpose
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in a civilized society to be sold. All findings of the
California Legislature with respect to assault weapons are hereby
incorporated herein by this reference and made a part hereof.
Section 10. Effective Date and Posting of Ordinance
This Ordinance shall take effect immediately. The City
Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin
in accordance with Section 36933 of the Government Code of the
State of Calfornia.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Dublin on this day of 1989 by the
following vote:
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AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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