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HomeMy Public PortalAboutOrd. 1320 ORDINANCE NO. 89-1320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AND ADOPTING REGULATIONS FOR THE CONTROL OF THE SALE OF ASSAULT WEAPONS. WIIERF.~1S, the City Council of the City of Lynwood (the "City Council") has met and has studied news reports and police reports pertaining to the abuse of assault weapons in the communities of the south-central Los Angeles Basin (the "Inner Cities"), including the City of Lynwood; and WHEREA.4, such abuse relates particularly to the use of such weapons in gang activity in these areas; and WHEREAS, research has determined that the number of crimes and heinousness of these crimes has increased alarmingly as lax laws have eased restrictions and made it increasingly easier for gang members and criminals to purchase assault weapons which have no conceivable purpose other than the senseless destruction of human life; and WIIEE2EAS, the purpose and intent of the City Council with respect to control of the sale of assault weapons is to accomplish the following: a) To restrict the hours of operation of all stores within city limits which sell firearms, with the intent of limiting impulse-purchase of weapons and the purchase of weapons by those acting under the influence of drugs and/or alcohol; b) To impose upon all who desire to purchase semi-automatic weapons in this City a waiting period before purchase can be made, with the intent to further limit impulse purchasing; and c) To require that certain parties be notified of the intended purchase of an assault weapon, with the intent that proper officials and agencies be notified of the purchase of weapons, so that these officials and agencies can take appropriate actions; NOW, THEREFORE, in order to implement and facilitate the Purpose and Intent of this Ordinance, the City Council hereby orders, approves and adopts the Weapons Control Ordinance, as follows: Section 1. No business establishment located within the boundaries of this City will be permitted to sell firearms of any kind except between the hours of 9:00 A.M. and 9:00 P.M.; Section 2. It shall be unlawful for any person to sell, exchange, give, loan or possess any assault weapon within the limits of the City. It shall further be unlawful for the driver or owner of any vehicle to knowingly permit the presence of an assault weapon in such vehicle within the City. (a) Subject to Subsection (c), the term "assault weapon" as used in this Section, shall include: 1. any semiautomatic action, center fire rifle or carbine which accepts a detachable magazine with a capacity of twenty rounds or more, including but not limited to the following firearms or their copies: AR 15 semiautomatic assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram Mac-10 semiautomatic assault carbines, Ingram Mac-11 semiautomatic assault carbines, Heckler and Y.och 93 semiauto- matic assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK-47 semi- automatic assault rifles, AKM-47 semiautomatic assault rifles, all Automat Kalashnikov weapons, M1-A semiautomatic assault rifles, M-14 semiautomatic assault rifles, Thompson semiautomatic carbines and any other semiautomatic carbines manufactured by Auto Ordinance; 2. any shotguns with a barrel of less than 18 inches and a folding stock or magazine capacity of more than six rounds; 3. any weapon which may be readily restored to an operable assault weapon, as defined above in 1 and 2; and 4. any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined above in 1 and 2, or any combination of parts from which an assault weapon may be readily assembled, if those parts are in the possession or under the control of the same person. (b) As used in this Section, the term "semiautomatic" means a weapon which fires a single projectile for each single pull of the trigger and which employs a magazine. (c) The term "assault weapon" does not include any of the following: 1. any of the above generally and specifically described weapons which is a "machine qun" as that term is defined by Section 12200 of the Penal Code of the State of California; any pistol, revolver or other firearm which is capable of being concealed upon one's person, as defined and regulated by the provisions of Sections 12025 of the Penal Code of the State of California; 2. any of the following: weapons which do not use fixed ammunition, weapons which were manufactured prior to 1898, manually operated bolt action weapons, lever action weapons, slide action weapons, single-shot weapons, multiple-barrel weapons, revolving cylinder weapons, semiautomatic weapons which use exclusively Mannlicher- style clips, semiautomatic weapons manufactured prior to 1954, rim-fire weapons that employ a tubular magazine; 3. any assault weapon which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of Subsection (b) of Section 12020 of the Penal Code of the State of California; 4. any short-barreled rifle or shotgun as defined in Subsection (c) of Penal Code Section 12020; or 5. any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon. (d) ESccept as specified in Subsections (e), (f ), and (g), no person, including wholesale and retail gun dealers, shall sell, offer or display for sale, give, lend or transfer ownership of, or possess any assault weapon. (e) Nothing in this Section shall prohibit the acquisition, possession, or disposition by police departments, sheriff's offices, marshal's offices, the California Highway Patrol, other local, state and federal law enforcement agencies, or the military and naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in this Section prohibit the possession of assault weapons or magazines therefor by regular, salaried, full- time officers, employees or agents thereof when on duty and the use of assault weapons is within the scope of their duties. (f) The provisions of this Section shall not apply to the possession of any assault weapon when such possession is prohibited by the provisions of Section 12031 of the Penal Code of the State of California or Section 2010 of the Fish and Game Code of the State of California. (g) Nothwithstanding the provisions of Subsection (d) of this Section: 1. any person who obtains title to an assault weapon by bequest or intes- tate succession may retain possession for a period of time not to exceed six months, and shall within that time transfer title of the weapon to a dealer licensed pursuant to Article 4 of the State of California Penal Code, coimnencing at Section 12250, or to the Los Angeles Sheriff's Department or other police agency; 2. An assault weapon may be maintained in the possession of an entity or establishment engaged in the business of motion picture, television or video production, but only for the purpose of being utilized as a prop during the course of motion picture, television or video production by an authorized participant therein or by an authorized agent or employee of the entity or establishment, and only if the entity or establishment properly secures such assault weapon from unauthorized use; and 3. an assault weapon may be possessed by any federal, state or local historical society, museum or institutional collection which is open to the public, provided any such weapon is properly housed, secured from unauthorized handling and is unloaded; Section 3. Where no waiting period is already in effect, pursuant to any other provision of law, there is hereby instituted a fifteen (15) day waiting period between the time that application is made for the sale of any firearm within the City and the time that such weapon may be given to the purchaser; and Section 4. Upon application of an individual to purchase any firearm in this City, notice will be sent to the following: (a) the City Manager; (b) the chief of law enforcement officer of this City; and, where applicable; (c) the Probation or Parole Officer of the person so purchasing. Section 5. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion therefore had been deleted. Section 6. This ordinance shall be in full force and effect thirty ( 30 ) days after passage. Section 7. That the City Council has determined the passage of this Ordinance to be an emergency within the meaning of the Lynwood Municipal Code and other state and .federal statutes and necessary for the purpose of preserving the health, safety and welfare of Lynwood Citizens due to mounting violence in the City resulting from the use of assault weapons. APPROVID AND ADOPTID by the City Council of the City of Lynwood this ~Lday of F6~. 1989. ///~ ~~' G~/ 71~.~i~r. EVELYN WEDS, Mayor City of Lynwood ATTEST: ~~ ANDREA L. HOOPER, City C1 t APPROVED AS TO CONTENT; ~~) ~/ CHARLES G. GOMEZ, City Manager