CHAPTER 20.
WEAPONS
Sections:
Article 1. General Provisions
5-20.01 Dangerous Weapon Defined
5-20.04 Discharging: Prohibited
5-20.05 Discharging: Exceptions
5-20.06 Knives: Sale, Transfer or Possession
Article 2. Saturday Night Special/Junk Gun Sales Prohibition
5-20.2.05 Roster of Saturday Night Specials
5-20.2.07 Reconsideration by the Chief of Police
5-20.2.08 Appeal of Classification
5-20.2.09 Publication of the Roster
5-20.2.10 Effective Date of the Roster
5-20.2.11 Additions to the Roster
5-20.2.15 Severability and Validity
Article 1. General Provisions
5-20.01 Dangerous Weapon Defined.
For the purposes of this chapter, the words “dangerous weapon” shall mean and include, but shall not be limited to:
(a) Any knife having a blade three inches (3") or more in length or any snap-blade or spring-blade knife regardless of the length of the blade;
(b) Any ice pick or similar sharp stabbing tool;
(c) Any straight-edge razor or any razor blade fitted to a handle;
(d) Any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm;
(e) Any dirk, dagger, or bludgeon; and
(f) Any “taser public defender” or other similar electronic immobilizer which causes, by means of an electrical current, a person to experience muscle spasms and extreme pain, followed by unconsciousness.
(Sec. 1, Ord. 459, thereafter codified in Sec. 28A.1, E.T.C., as amended by Ord. 75-013)
5-20.02 Possession.
It shall be unlawful for any person to carry upon his person or to have in his possession or under his control any dangerous weapon. It shall be a defense to any prosecution for the violation of the provisions of this section if, at the time of the alleged violation, the instrument or device alleged to be a dangerous weapon was in good faith upon the person of the accused or was in good faith in his possession or control for use in his lawful occupation or employment or for the purpose of lawful recreation.
The provisions of this section shall not apply to the commission of any act which is made a public offense by any law of this State.
(Sec. 2, Ord. 459, thereafter codified in Sec 28A.2, E.T.C.)
5-20.03 Sales.
It shall be unlawful for any person to sell or offer for sale or have in his possession or custody any combustible or explosive device or preparation of any kind whatsoever or by whatever name known.
(Sec. 3, Ord. 176, thereafter codified in Sec. 28A.2, E.T.C.)
5-20.04 Discharging: Prohibited.
It shall be unlawful for any person, at any time, to fire, discharge, explode, or threaten to explode, any gun, anvil, cannon, rifle, shotgun, pistol, toy pistol, cap gun, BB gun, pellet gun, spring gun, firearm, blank cartridge, bomb, rocket, or any combustible or explosive device or preparation of any kind whatsoever or by whatever name known.
(Sec. 1, Ord. 176, thereafter codified in Sec. 15.38, E.T.C.; Ord. 86-08, eff. Dec. 18, 1986)
5-20.05 Discharging: Exceptions.
The provisions of Section 5-20.04 of this chapter shall not apply to the following:
(a) Peace officers in the discharge of their official duties and using reasonable care;
(b) Persons using firearms in necessary self-defense in a careful manner;
(c) Destroying noxious animals upon land owned or occupied by the person discharging the firearm;
(d) Bona fide gun clubs;
(e) Bona fide shooting galleries; and
(f) Persons using firearms in a careful manner in bona fide shooting galleries.
(Sec. 2, Ord. 176, thereafter codified in Sec. 15.38, E.T.C.)
5-20.06 Knives: Sale, Transfer or Possession.
Notwithstanding any provision of this chapter to the contrary, no person shall sell, offer for sale, expose for sale, keep, carry, possess, loan, transfer or give any other person any spring-blade, switch-blade, snap-blade, or other similar type knife or any knife the blade of which is automatically released by a spring mechanism or other mechanical device.
(Sec. 4, Ord. 459, thereafter codified in Sec. 28A.4, E.T.C.)
5-20.07 Disorderly Conduct.
It shall be unlawful for any person who has upon his person or in his possession or control any dangerous weapon to engage in any fight or participate in any rough or disorderly conduct in any public place or upon the premises of another person.
(Sec. 3, Ord. 459, thereafter codified in Sec. 28A.3, E.T.C.)
Article 2. Saturday Night Special/Junk Gun Prohibition
5-20.2.01 Title.
This article shall be known as the “City of Emeryville Saturday Night Special/Junk Gun Sales Prohibition.”
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.02 Purpose and Intent.
The purpose of this article is to ensure the health, safety, and general welfare of the citizens of the City of Emeryville by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in the City of Emeryville.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.03 Definitions.
Except as provided in Section 5-20.2.04, the term “Saturday night special,” as used in this section, 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:
(1) Is not originally equipped by the manufacturer with a locked breech action; and
(2) 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.
(3) For the purpose of this subsection (b), “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.
d. “Semi automatic pistol” shall not include any assault weapons designated in California Penal Code Section 12276.
(c) 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:
(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 safe 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 trigger guard; or
(4) If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.
(5) For purposes of this subsection (c), “action mechanism,” commonly known as the cycle of operation, shall mean the mechanism of a firearm by which the firearm is loaded, locked, fired and unloaded.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.04 Exclusions.
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, i.e., of, or related to, compressed air or any other gases not directly produced by combustion; or
(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 render it a device which is no longer classified as a Saturday night special.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.05 Roster of Saturday Night Specials.
On or before January 1, 1997, the Chief of Police or his/her designee shall compile, publish, and thereafter maintain a roster of Saturday night specials. The roster shall list those firearms, by manufacturer and model number, which the Chief of Police or his/her designee determines fit the definition of Saturday night special set forth in Section 5-20.2.03.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.06 Notification.
Upon completion of a list of firearms to be placed on the roster for the first time, the Police Chief or his/her designee shall endeavor to send written notifications to the manufacturer of every firearm on said list and every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the California Penal Code and Title 5, Chapter 20, Article 3 of the Municipal 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 Section 5-20.2.03 of the Municipal Code; and
(b) Advised the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday night special; and
(c) Advise the recipient that the burden of proof shall be on the recipient to demonstrate that the firearm does not constitute a Saturday night special within the meaning of Section 5-20.2.03 of the Municipal Code.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.07 Reconsideration by the Chief of Police.
(a) Prior to the effective date of the ordinance codified in this article, the Chief of Police or his/her designee shall establish standards and procedures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Chief of Police or his/her designee to classify the firearm in question as a Saturday night special as defined in Municipal Code Section 5-20.2.03.
(b) Upon timely filing of one or more complete applications for reconsideration, the Chief of Police or his/her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday night special within the meaning of Section 5-20.2.03 of the Municipal Code.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.08 Appeal of Classification.
(a) If the Chief of Police or his/her designee 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 the decision to the City Manager, and shall have the right to a hearing before the City Manager or his/her designee prior to inclusion of the firearm in question on the roster.
(b) The City Manager, or his/her designee, 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 or his/her designee to classify the firearm in question as a Saturday night special as defined in Municipal Code Section 5-20.2.03.
(c) The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday night special within the meaning of Section 5-20.2.03 of the Municipal Code.
(d) All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.
(e) The City Manager or his/her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or his/her designee shall, based on the evidence presented, determine whether the firearm constitutes a Saturday night special within the meaning of Section 5-20.2.03 of the Municipal Code.
(f) In all instances, the decision of the City Manager or his/her designee whether to classify the firearm in question as a Saturday night special as defined in Municipal Code Section 5-20.2.03 and to place said firearm on the roster is final.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.09 Publication of the Roster.
The Chief of Police or his/her designee shall place on the roster those firearms which have been determined to constitute a Saturday night special within the meaning of Section 5-20.2.03 of the Municipal Code. The Chief of Police or his/her designee shall cause the roster to be published 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 fifteen (15) days after its completion; 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 of the City of Emeryville; and
(c) A copy of the roster, certified as a true and correct copy, shall be distributed to every dealer within the City who is licensed to sell and transfer firearms pursuant to California Penal Code Section 12071 and Title 5, Chapter 20, Article 3 of the Municipal Code.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.10 Effective Date of the Roster.
The roster shall become effective on the fifteenth day after its publication.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.11 Additions to the Roster.
Additions to the roster shall be made in accordance with the following procedures:
(a) Semi Annual Determination. On a semi annual basis, the Chief of Police or his/her designee shall determine the need to place firearms on the roster. Upon identifying one or more firearms as a Saturday night special, the City Manager or his/her designee shall prepare a draft list of the additions to the roster.
(b) Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the Chief of Police or his/her designee shall endeavor to send written notification in accordance with the aforementioned provisions of Section 5-20.2.06.
(c) Reconsideration by the Chief of Police. Any person notified by the Chief of Police or his/her designee pursuant to subsection (b) above, may apply for reconsideration of the classification of that firearm as a Saturday night special in accordance with the provisions of Section 5-20.2.07.
(d) Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night special after reconsideration by the Chief of Police or his/her designee, the applicant may file an appeal to the City Manager and the City Manager or his/her designee shall hold a hearing in accordance with the provisions of Section 5-20.2.08.
(e) Additions of Firearms to Roster. After all appeals have been exhausted, the Chief of Police or his/her designee shall place on the roster those additional firearms which have been determined to constitute a Saturday night special within the meaning of Section 5-20.2.03. The Chief of Police or his/her designee shall cause the roster, as amended to include theses additional firearms, to be published in accordance with Section 5-20.2.09.
(f) Effective Date of Additions to the Roster. 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. The publication of the roster, as amended to include new firearms, shall be effective as to those newly added firearms on the fifteenth day after its publication as set forth in Section 5-20.2.10.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.12 Sale Prohibited.
After January 1, 1997, no wholesale or retail firearms dealer, as licensed by the City of Emeryville in Title 5, Chapter 20, Article 3, of the Municipal Code, shall sell, offer, 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 firearm transactions between unlicensed parties pursuant to Section 12072(d) of the California Penal Code.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.13 Exemptions.
Nothing in this article relative to the sale of Saturday night specials shall prohibit the disposition of any firearm 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 of their official duties.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.14 Penalty.
Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this article shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such 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 article is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to be in violation of this article shall be considered in noncompliance with the requirements of the Emeryville Municipal Code Title 5, Chapter 20, Article 3, and subject to the suspension and or revocation of a firearms dealer permit.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)
5-20.2.15 Severability and Validity.
This article shall be enforced to the full extent of the authority of the City of Emeryville. If any section, subsection, paragraph, sentence or word of this article is deemed to be invalid or beyond the authority of the City of Emeryville, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this article, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this article shall be deemed severable.
(Sec. 2 (part), Ord. 96-009, eff. Jan. 1, 1997)