Loading...
HomeMy WebLinkAbout1997-10-20 City Council (40)TO: City of Palo Alto C ty Manager’s Re HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: SUBJECT: OCTOBER 20, 1997 CMR:417:97 REPEAL OF MUNICIPAL CODE CHAPTER 9.09 REGULATING ASSAULT WEAPONS RECOMMENDATION Staffrecommends that Council adopt the attached ordinance repealing Chapter 9.09 of the Palo Alto Municipal Code regulating assault weapons. Assault weapon control is regulated by the State of California; and as a result, Palo Alto’s ordinance is preempted. BACKGROUND The City Council adopted an emergency ordinance dealing with the regulation of assault weapons on March 6, 1989 (Ordinance No. 3856, PAMC Chapter 9.09, Assault Weapons). Staff requested this Council action after children were murdered in a Stockton schoolyard by a man with an assault weapon. Because there were no State laws in place specifically regulating assault weapons at that time, Council approved the ordinance. Palo Alto’s ordinance defines assault weapom by describing weapon types that have a capacity for high rates of firepower and makes it unlawful to sell, offer or display for sale, give, lend or transfer ownership of, or possess any assault weapon within the City limits, with two exceptions: 1) assault weapons may be used for law enforcement and military purposes, and 2) in instances where possession of these weapons .was prohibited under State law in effect at time of enactment of Chapter 9.09 including: carrying a loaded weapon in a public place, and hunting with a shotgun exceeding a specific firepower. At the time of the Stockton incident, State law did not treat assault weapons any differently than rifles and shotguns. As a result, these military-type, semiautomatic weapons were readily and legally purchased without a waiting period. However, after the Stockton incident, the California Legislature enacted the Roberti-Roos Assault Weapons Control Act of 1989 (RRAWC) on May 24, 1989. This law became effective on January 1, 1990, and currently regulates the field of assault weapon manufacture, import, transport, sale, transfer, possession, and use in California. CMR:417:97 Page 1 of 4 Palo Alto’s ordinance defines assault weapons by describing weapon types. California law defines assault weapons by citing specific firearm make and model numbers which have been compiled into a list of 58 specific weapons. While RRAWC does not actually ban assault weapons, it does require a registration process that allows owners to avoid criminal prosecution for possession. Registration is not available to anyone under 18 years of age, who is prohibited under State law from possessing firearms, or who does not certify under penalty of perjury that they are the legal owner of the fn’earm and possessed it by the date that the Attorney General declared the specific firearm to be an assault weapon. Even with registration, an owner may only possess the weapon under certain conditions such as on property they own or on property owned by another, with the owner’s express permission; while at a licensed target range for the purposes of practicing; while on the premises of a shooting club licensed pursuant to the California Fish and Game Code; while attending an exhibition, display, etc., about f’u’earms which is sponsored by, conducted under, or approved by a law enforcement agency or a nationally or State-recognized entity that fosters proficiency in, or promotes education about fn’earms. While transporting an assault weapon to or fi’om a motor vehicle, it must be carried in a locked container and it must be unloaded when transported inside a motor vehicle in a trunk or in a locked container other than the utility or glove compartment. State law also provides fully licensed California firearms dealers who also hold assault weapon permits with some additional permitted uses of assault weapons. Those conditionally permitted uses may include: transport and sales to dealers outside of the state, display at licensed gun shows, sales and transport to mih’tary and law enforcement agencies, or to businesses that hold assault weapon permits, and the service and repair of the weapons. With very limited exceptions (i.e., law enforcement, military), those who wish to manufacture, sell, or use an assault weapon in a manner different than those outlined above must first obtain a permit (as opposed to registration) fi’om the California State Department of Justice (DOJ). Staff was advised by DOJ that the issuance of these permits is restricted to those who can prove good cause. Generally, permits are issued to those companies or individuals doing business with the military, law enforcement, or the motion picture industry. DOJ staff estimates that each month they issue no more than one or two new permits. At the time the Council adopted the emergency ordinance, the possession and sale of assault weapons was not specifically addressed by State law. Staff became aware of the potential conflict between the City’s ordinance and the RRAWC after its adoption. However, soon after CMR:417:97 Pag# 2 of 4 the bill became effective, some problems were identified with the way the legislation was worded that allowed manufacturers to circumvent the intent of the law by producing "copycat" versions of those weapons specifically listed in it. Because there has not been a situation that has required enforcement of either the City or State law since 1989, and because there has been various discussions at the State level about clean-up legislation, staff has not requested the repeal of the ordinance earlier: Legislation was introduced in Sacramento during the last session that would impose stricter regulations on assault weapons. DOJ estimates that 2,000 or more variants of assault weapons may be affected by the generic description compared to the 58 included in the original legislation. The bill (AB 23) amends RRAWC and would delete the existing list of regulated assault weapons and substitute a generic description of regulated weapons. The bill would also delete the authority of the State Attorney General to petition the court to add other weapons which essentially are copycats of those on the list. While the bill was approved by the State Assembly, the Senate was unable to vote on it before the end of the legislative session. It will, therefore, be taken up again during the next session. In light of the recent work that has been undertaken to revise and update portions of the City’s Municipal Code and the preemption by State law, staff recommends the repeal of Chapter 9.09 of the Palo Alto Municipal Code. FISCAL IMPACT There is no fiscal impact associated with staff’s recommendation. ~OLICY IMPLICATIONS The repeal of Chapter 9.09 of the Municipal Code is consistent with City policy. ENVIRONMENTAL REVIEW The repeal of Chapter 9.09 is not a project under CEQA. Chapter 9.09 Ordinance CMR:417:97 Page 3 of 4 Prepared By: Judy Glaes, Code Enforcemem Officer Reviewed By: Chris Durkin, Police Chief r ~or~ coo~r~A~O~:~’1 ~~ ~ ~ ’ LYNNE ’JOHNSON, Assistant Police Chief CITY MANAGER APPROVAL: EM~iLY tt~R~SON, Assistant City Manager CMR:417:97 Page 4 of 4 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITYOF PALO ALTO REPEALING CHAPTER 9 . 09 [ASSAULT WEAPONS ]OF TITLE 9 OF THE PALO ALTO MUNICIPAL CODE The Council of the City of Palo Alto does ORDAIN as follows: SECTION i. The City Council finds as follows: (a) Ordinance No. 3856 passed as an urgency measure on March 6, 1989, enacted Chapter 9.09 of Palo Alto Municipal Code concerning assault weapons; and (b) The Roberti-Roos Assault Weapons Control Act of 1989 was enacted on May 24, 1989 to become effective January i, 1990 and regulates the field of assault weapon transfer and possession; and (c) The City Council of the City of Palo Alto now, therefore, desires to repeal its ordinance regulating assault weapons in order to avoid conflict with state law. SECTION 2. Chapter 9.09 of the Palo Alto Municipal Code entitled "Assault Weapons" is hereby repealed in its entirety. SECTION 3. The Council hereby finds and determines that this action is not a project for which environmental review is required. SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after the date of ±ts adoption. INTRODUCED: PASSED : AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Police Chief 971015 ayn 0042507 CHAPTER 9.09 ASSAULT WEAPONS 9.09.010 Definitions. The following words and phrases, whenever used in this chapter, shall be consmaed as defined in this section: (a) Except as provided in sub~ection (b) of this section, "assault weapon" means and includes the following: (1) Any semiautomatic action, center-fire rifle or carbine which accep~ a detachable maga- zine with a capacity of more than five rounds; (2) Any semiautomatic shotgun with a magazine capacity of more than eight rounds; (3) Any weapon w.hich may be readily re- stored to an operable assault weapon; (4) Any part, or combination of parts, de- signed or intended to convert a weapon into an assault weapon, or any combination of parts from which an assault weapon may be readily assem- bled, if those pans are in the possession or under the control of the same person. (b) "Assault weapon" does not include the following: (I) Any "antique firearm" or any firearm which is a "curio or relic" as defined in subdi- vision (b) of Section 12020 of the California Pe- nal Code; (2) Any "short-barreled shotgun" as de- fined in subdivision (c) of Section 12020 of the Catifomia Penal Code; (3) Any "short-barreled rifle" as defined in subdivision (c) of Section 12020 of the California Penal Code; (4) Any "machine gun" as def’med in Sec- tion 12200 of the California Penal Code; (5) Any assault weapon which has been modified either to render it permanently inoper- able or to permanently make it a device no longer defined as an assault weapon; (6) Weapons that use .22 caliber rim-fire ammunition, weapons that do not.use fixed am- munition, weapons that were manufactured prior to 1898, manually-operated bolt-actionweapons, lever-action weapons, slide-action weapons, single-shot weapons, multiple-barrel weapons, revolving-cylinder weapons, rim-fire weapons which employ a tubular magazine, semiautomatic weapom which use exclusively Mammlicher-style dips, and semiautomatic weapons manufactured prior to 1954. (c) "Person" means any individual, a.ssoci- ~on, partnership, firm or corporation. (d) "Rifle" means a weaport, whether or not it is intended to be fired from the shoulder, that is designed or redesigre.xl, made or remade, to fire a fixed cartridge through a rifled bore and is not a "pistol" as deft_ned in Section 12001 of the Cali- fornia Penal Code. (e) "Semiautomatic" means any weapon which fires a single projecttqe for each single pull of the trigger and wl,zich employs a magazine. (f) "Shotgun" means a weapon, whether or not it is intended to be fired f’rom the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell through a smooth (Ord. 3856 § 1 (part), 1989) 9.09.020 Unlawful conduct. Except as provided in Section 9.09.030 of this chapter, no person shall sell, offer or display for sale, give, lend or transfer ownership of, or pos- sess any assault weapon. Any person violating this section is guilty of a misdemeanor, and shall be punished as pm~,,ided in subsection (a) of Sec- tion 1.08.010 of the Palo Alto Municipal Code. (Ord. 3856 §1 (part), 1989) 9.09.030 Exemptions. Nothing in this chapter shall prohibit the fol- lowing: (a) The acquisition, possession or disposi- tion of any assault weapons by police depart- ments, sheriffs departments, marshal’s offices, the California Highway Patrol, other local, state and federal law enforcement agencies, or the mili- tary and naval forces of this state or of the United States for use in the discharge of their official duties, or the possession of assault weapons by regular, salaried, full-time officers, employees or agents thereof when on duty and when the use of assault weapons is within the scope of their duties. (b) The possession of any assault weapons when such possession is prohibited by Section 12031 of the CaLifornia Penal Code or Section 2010 of the California Fish and Game Code. (Ord. 3856 §I (part), 1989) 9.09.040 Compliance. Any person who, prior to the effec~ve date of this chap~r, was legally in ~on of any as- sault weapon, or w~ subseque~y obtains title to an assault weapon by beques~ or ~ succes- sion, sl~mll williin thir~ days n=nove said assault weapon frvm wiu’~.n t~ city limits of Palo Alto or surrender i~ to the Palo Alto police depammen~ (Ord. 3S56 ~ 1 (parl), 19S9)