ANALYSIS
This ordinance amends Title 13 of the Los Angeles County Code to add Chapter 13.65 to prohibit the sale of "Junk Guns," also known as Saturday Night Specials, in the unincorporated area of the County. Junk Guns are handguns that are typically short barreled, easily concealable, and generally lack any sporting purpose. These firearms also are often made of inferior materials.
The ordinance requires the Sheriff to publish and maintain a roster of Junk Guns listing those firearms that the Sheriff has determined to satisfy the Junk Gun definition. An initial list of firearms that are presumed to be Junk Guns is set forth in the ordinance. The Junk Gun roster will be mailed to the manufacturer of every firearm listed on the roster, and to each gun dealer licensed to sell a firearm in the unincorporated area of the County. The Sheriff shall update the roster semiannually with any new model of a firearm, manufactured after the most recent roster publication, that satisfies the definition of a Junk Gun.
Firearm manufacturers and gun dealers may challenge the Sheriff's designation of a firearm as a Junk Gun by filing an application for reconsideration. If, upon reconsideration, the Sheriff still considers the firearm to be a Junk Gun, the applicant can appeal the Sheriff's decision to the Business License Commission.
Similar Junk Gun ordinances have been enacted by approximately 40 other jurisdictions in California, including the Counties of San Francisco, Contra Costa, and Santa Cruz, and the Cities of Los Angeles, Beverly Hills, and West Hollywood.
The West Hollywood ordinance was challenged in court and ultimately upheld by the California Court of Appeal. The California Supreme Court denied review of the decision, making the Court of Appeal decision final. That ruling held that a Junk Gun ordinance is a valid exercise of governmental police power, and is not an unconstitu-tional violation of preemption, due process or equal protection.
LLOYD W. PELLMAN
County Counsel
By
LAWRENCE L. HAFETZ
Senior Deputy County Counsel
LLH:tp
1/25/99
ORDINANCE NO.
An ordinance amending Title 13 - Public Peace, Morals and Welfare of the Los Angeles County Code to add Chapter 13.65 to prohibit the sale of "Junk Guns."
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Legislative Findings.
A. Junk Guns are handguns that are typically short barreled, easily concealable, and generally lack any sporting purpose. These firearms also are often made of inferior materials; and
B. Studies have shown that Junk Guns are used disproportionately in the commission of crimes. According to a recent study conducted by the U.C. Davis Violence Prevention Research Program, Junk Guns are 3.4 times more likely to be involved in crimes than are other firearms. The Bureau of Alcohol, Tobacco, and Firearms found that in 1995, eight out of ten firearms most frequently traced to crime scenes were Junk Guns; and
C. The Federal Gun Control Act of 1968 (the "1968 Act") prohibits the importation of poorly made handguns such as Junk Guns but does not ban their manufacture or sale in the United States. At the time that the 1968 Act was passed, the vast majority of Junk Guns was made overseas, making it unnecessary for Congress to restrict the domestic manufacture or sale of such firearms; and
D. Since the passage of the 1968 Act, a vast domestic Junk Gun industry
has flourished. The undisputed capital of this Junk Gun industry is Southern California; and
E. Five Los Angeles area manufacturers - nicknamed the "Ring of Fire" companies - produce dozens of models of Junk Guns; and
F. At least 40 other cities and counties in California have adopted ordinances to ban the sale of Junk Guns, including the Counties of San Francisco, Contra Costa and Santa Cruz, and the Cities of Los Angeles, Beverly Hills, and West Hollywood; and
G. The West Hollywood ordinance was challenged in court and ultimately upheld by the California Court of Appeal. The California Supreme Court denied review of the decision, making the Court of Appeal decision final. That ruling held that a Junk Gun ordinance is a valid exercise of governmental police power, and is not an unconstitutional violation of preemption, due process or equal protection. SECTION 2. Legislative Intent.
With passage of this ordinance, the County seeks to achieve the following by stemming the proliferation of Junk Guns:
A. Reduce from circulation in the County these easily concealable handguns that generally lack any sporting purpose; and
B. Reduce the incidents of crime in which Junk Guns are used; and
C. Make the County's neighborhoods and businesses as safe as possible.
SECTION 3. Title 13 of the Los Angeles County Code is hereby amended by adding Chapter 13.65 to read:
CHAPTER 13.65
SALE OF "JUNK GUNS" PROHIBITED
Section 13.65.010 Sale prohibited. No gun dealer, as defined in section 7.46.010 of this Code, shall sell, give, lend, offer or display for sale, or otherwise transfer ownership of, in a wholesale or retail transaction, within the unincorporated area of the County, any firearm classified as a "Junk Gun," as that term is defined in section 13.65.020 below. This section shall not preclude a gun dealer from processing any firearm transaction between unlicensed parties pursuant to California Penal Code section 12072(d).
Section 13.65.020 Definition. Except as provided in section 13.65.030 below, the term "Junk Gun" 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; or
B. A semi-automatic pistol which:
1. Is not originally equipped by the manufacturer with a locked-breach 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 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. "Semi-automatic pistol" shall not include any "assault weapon," as that term is defined by California Penal Code section 12276; or
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 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 C, "action mechanism" shall mean themechanism of a firearm by which it is loaded, locked, fired and unloaded; or
D. Any of the firearms listed in section 13.65.050 below.
Section 13.65.030 Exclusions. The term Junk Gun shall 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;
B. 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;
D. An "unconventional pistol," as that term is defined by California Penal Code section 12020 (c) (12); or
E. Any pistol which has been modified in such a manner so as to render it no longer classified as a Junk Gun, or to make it permanently inoperable.
Section 13.65.040 Exemptions. Nothing in this chapter shall prohibit the use of any junk gun by a peace officer, certified in the State of California, when on duty and the use of such firearm is within the scope of his/her duties.
Section 13.65.050 Roster of Junk Guns. Upon the effective date of this ordinance, the Sheriff shall publish and thereafter maintain a roster of Junk Guns. This roster shall list those firearms, by manufacturer and model number, which the Sheriff has classified as a Junk Gun within the meaning of this chapter. For purposes of this section, the initial roster of Junk Guns to be published by the Sheriff shall consist of thefollowing firearms, each of which shall be rebuttably presumed to be a Junk Gun:
A. Semi-Automatic Pistols.
1. Accu-tek: AT-9SS; AT-40SS; AT-45SS;
2. Bryco: 28; 48; 59;
3. Davis: p-380;
4. Hi-Point Firearms: JS-9MM; JS-40; JS-45; JS-9MM Compact; Iberia;
5. Intratec: Protec-22; Protec-25; Category 9;
6. Jennings: J-22; J-25;
7. Lorcin: L-9MM; L-22; L-25; LT-25; L-32; L-380;
8. Phoenix Arms: Raven 25; HP22; HP25; and
9. Sundance: Boa: A-25.
B. Double-Action Revolvers.
1. E.A.A. Standard Grade Revolvers (except in caliber 357 Magnum - all steel);
2. FIE Arminius and Titan Models; and
3. Heritage Sentry Revolvers.
C. Single-Action Revolvers.
North American: Mini-Revolvers; Mini-Master; Black Widow Revolver.
D. Derringers.
1. American Derringer: 1; 4; 6; 7; 10; 11; Lady Model; Alaskan Survival; Texas Commemorative; DA 38;
2. Davis: Standard Model Derringers; Long-Bore Derringers;
D-Series Derringers;
3. Feather Guardian Angel Pistols;
4. HJS: Frontier Four; Antigua;
5. New Advantage 22WMR Derringer;
6. Sundance: Point Blank Derringer; and
7. Texas Armory: Defender Derringer.
Section 13.65.060 Notification of classification. Upon publication of the roster of Junk Guns pursuant to section 13.65.050 above, the Sheriff shall send written notice, by certified mail, to the manufacturer of every firearm listed on said roster, and to every dealer licensed to sell or transfer firearms in the unincorporated area of the County under chapter 7.46 of this Code, informing said persons of each firearm, including its model number, that has been classified as a Junk Gun pursuant to this ordinance. The notice shall also describe the application procedures set forth in section 13.65.070 below for challenging this classification.
Section 13.65.070 Application for reconsideration. A. Any person who is notified pursuant to section 13.65.060 above of a classification of a firearm as a Junk Gun may apply to the Sheriff for a reconsideration of said classification within thirty (30) calendar days after mailing of said notice. The form and content of the application for reconsideration shall include the following:
1. A sample of the firearm to be reconsidered, along with an affidavit stating that it is identical to the model(s) intended for distribution within the County. The sample must be in the most powerful caliber to be offered for sale in this model;
2. All of the following documentation:
(a) Full blueprints, including complete views of safety mechanisms, whether "active" or "passive." This information should include views of safety devices in "armed" and "disarmed" status;
(b) Safety drop test limits as stated by the manufacturer;
(c) Materials list and specifications, including tensile strengths of materials used in main assembly frame and action parts;
(d) Statement of action spring weight ratings, and semiautomatic magazine spring specifications, if applicable;
(e) Standard weights of semiautomatic dynamic assembly (slide) and grip frame or receiver;
(f) Statement of upper safe limit of cartridge pressure with which the firearm is designed to function; and
(g) Statement of number and pressure levels of proof cartridges used by the manufacturer in safety testing the submitted evaluation piece, along with an affidavit that these levels are consistent with production practices;
3. Any fees as may be required by resolution of the Board of Supervisors for such reconsideration; and
4. Any other evidence which the applicant considers relevant to the firearm's classification as a Junk Gun.
B. If the application for reconsideration is found to be deficient, the Sheriff shall mail the applicant, by certified mail, a notice specifying the basis for the deficiency. If the applicant has not corrected such deficiency within fourteen (14) calendar days after mailing of said notice by filing with the Sheriff a sufficient amendment to theapplication, the application shall be deemed to be withdrawn, and the application shall be returned to the applicant.
Section 13.65.080 Evaluation of submitted evidence and decision. A. Upon the timely filing of one or more complete applications for reconsideration, the Sheriff 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(s) at issue does not constitute a Junk Gun within the meaning of this chapter.
B. Within thirty (30) calendar days of receiving a timely application for reconsideration, or as soon thereafter as is feasible, the Sheriff or his/her designee shall send written notification to the applicant(s) indicating the outcome of the reconsideration. This notice shall also inform the applicant of the procedures set forth in section 13.65.090 below for appealing the Sheriff's decision on the application for reconsideration.
Section 13.65.090 Appeal of decision of application for reconsideration. A. If the Sheriff or his/her designee determines that a firearm under reconsideration has properly been classified as a Junk Gun and notifies the applicant of said decision pursuant to section 13.65.080 above, the applicant shall have thirty (30) calendar days after mailing of the notice to appeal the decision. The appeal shall be filed with the County Business License Commission ("Commission") and shall include the following:
1. The specific matter being appealed;
2. A statement of the grounds for appeal; and
3. Any fees as may be required by resolution of the Board ofSupervisors for such an appeal.
B. If the appeal is found to be deficient, the Commission shall mail to the appellant, by certified mail, a notice specifying the basis for the deficiency. If the appellant has not corrected such deficiency within fourteen (14) calendar days after mailing of said notice by filing with the Commission a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn, and the appeal shall be returned to the appellant.
Section 13.65.100 Hearing on the appeal. A. A hearing on the appeal of a classification of a firearm as a Junk Gun shall be held at the next available regularly scheduled meeting of the Commission following the timely filing of a complete appeal. In no event shall this hearing take place more than sixty (60) calendar days after the date on which a timely and complete notice of appeal is received, unless the appellant requests an extension.
B. The burden of proof at the hearing shall be on the appellant to demonstrate that the firearm under consideration does not constitute a Junk Gun within the meaning of this chapter.
C. The Commission shall hear and consider all relevant evidence at the hearing. Upon the conclusion of the hearing, the Commission shall, based on the evidence presented, determine whether the firearm under consideration constitutes a Junk Gun within the meaning of this chapter. The decision of the Commission shall be final.
Section 13.65.110 Notice of the decision of appeal and republication of roster. The Commission shall send by certified mail to the appellantand the Sheriff a written notice of its decision on the appeal. This notice shall then be sent by the Sheriff by certified mail to, excluding the appellant, the manufacturer of the firearm under consideration, and to every dealer licensed to sell or transfer firearms in the unincorporated area of the County under chapter 7.46 of this Code. The Sheriff shall also republish the roster of Junk Guns in accordance with the determination made by the Commission.
Section 13.65.120 Effect of pending application for reconsideration or appeal. The filing of an application for reconsideration pursuant to section 13.65.070 above, or an appeal from the decision on said application pursuant to section 13.65.090 above, shall in no way enable a gun dealer to sell or otherwise transfer any firearm that is the subject of said application or said appeal unless and until the gun dealer has been notified by the Sheriff that the challenged firearm(s) has been determined not to constitute a Junk Gun within the meaning of this chapter and will thereby be removed from the roster of Junk Guns.
Section 13.65.130 Prohibition on sale of "new firearms" prior to approval. No gun dealer, as defined in section 7.46.010 of this Code, shall give, lend, offer or display for sale, or otherwise transfer ownership of, in a wholesale or retail firearm transaction, any "new firearm," as defined herein, within the unincorporated area of the County, prior to obtaining approval from the Sheriff pursuant to section 13.65.140, et seq., below. As used in this section, a "new firearm" means any model of a "pistol," "revolver," or other "firearm capable of being concealed upon the person," as those terms are defined in California Penal Code section 12001(a), that is or was manufactured on or after the publication of the roster of Junk Guns pursuant to section13.65.050 above, and that has never been manufactured or sold in its present form prior to the publication of said roster. Notwithstanding the foregoing, once a new firearm has been approved by the Sheriff pursuant to section 13.65.140, et seq., below, that firearm shall never again be classified as a new firearm within the meaning of this section.
Section 13.65.140 Application for approval for sale of new firearms. A gun dealer must apply to the Sheriff for, and receive a determination that, a new firearm does not constitute a Junk Gun within the meaning of this chapter before said gun dealer may sell or otherwise transfer this new firearm. The application shall take the form of an application for reconsideration set forth in section 13.65.070 above. Upon receiving a complete application for reconsideration, the Sheriff or his/her designee shall consider the classification of the new firearm in accordance with the provisions of section 13.65.080 above.
Section 13.65.150 Appeal and hearing on the application for sale of new firearms. Whenever a new firearm has been determined to be classified as a Junk Gun, the applicant may, within thirty (30) calendar days after mailing of the notice of such decision, file an appeal to the Commission in accordance with section 13.65.090 above. Upon receiving a timely and complete appeal, the Commission shall hold a hearing in accordance with the provisions of section 13.65.100 above. After reaching its final decision on the appeal, the Commission shall send written notice, by certified mail, to the applicant and the Sheriff of its decision.
Section 13.65.160 Republication of the roster of Junk Guns. On a semiannual basis, or on a more frequent basis if deemed necessary by the Sheriff, theSheriff or his/her designee shall determine the need to update and republish the roster of Junk Guns pursuant to this section. The roster of Junk Guns shall be required to be updated and republished by the Sheriff if, and only if, subsequent to the most recent publication or republication of the roster, one or more firearms has been determined to constitute a Junk Gun within the meaning of this chapter. If the Sheriff is required to update and republish the roster of Junk Guns pursuant to this section, the Sheriff shall forward the republished roster to the manufacturer of every new firearm added to the roster, and to every dealer licensed to sell or transfer firearms in the unincorporated area of the County under chapter 7.46 of this Code.
Section 13.65.170 Violation - Penalty. Every violation of this chapter shall constitute a misdemeanor punishable by a fine not to exceed $500, or imprisonment not to exceed six (6) months, or both.
Section 13.65.180 Severability. If any provision of this chapter or
the application thereof to any person or circumstance is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
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