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(Amended by Ord. No. 172,002, Eff. 6/5/98.)
(a) No person shall sell or otherwise transfer to any other person a clip, magazine, belt, drum, feed strip or similar device which has a capacity of, or which can be readily restored or converted to accept, more than ten rounds of ammunition.
(b) The provisions of this section shall not apply to:
1. the sale or transfer of such devices to any person described in Section 12302 or 12322 of the Penal Code of the State of California, or
2. the sale or transfer of ownership of such a device by a wholesale gun dealer to another wholesale gun dealer or by a wholesale gun dealer to a retail gun dealer, or
3. any entity or establishment engaged in the business of motion picture, television, video, theatrical, or re-enactment production, provided the clip, magazine, belt, drum, feed strip or similar device is used solely as a prop in the course of motion picture, television, video, theater, or re-enactment 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 clip, magazine, belt, drum, feed strip or similar device from unauthorized use, or
4. any federal, state or local historical society, museum or institutional collection which is open to the public provided any such clip, magazine, belt, drum, feed strip or similar device is properly housed, secured from unauthorized handling and is unloaded.
(Added by Ord. No. 172,430, Eff. 3/4/99, Oper. 6/3/99.)
(a) The term “dealer” shall mean a retail firearms dealer licensed by the City of Los Angeles.
(b) No person shall make application to a dealer, as provided in Section 12072 of the California Penal Code, to purchase a pistol, revolver or other firearm capable of being concealed upon the person, herein referred to as “handgun”, within thirty (30) days of making a prior application for the purchase of a handgun within the State of California. In computing the thirty (30) day period, the date the application is made shall be counted as the first day.
(c) No dealer shall transfer the title of any handgun to any person whom the dealer knows has made application to purchase more than one handgun within the State of California within a thirty (30) day period prior thereto, nor shall any dealer process a handgun transaction between unlicensed parties pursuant to California Penal Code Section 12072 if the dealer knows that the one receiving the handgun has made application to purchase more than one handgun within the State of California within a thirty (30) day period prior thereto.
(d) No dealer shall transfer the title of any handgun to any person or process a handgun transaction between unlicensed parties pursuant to California Penal Code Section 12072 if the dealer prior to transfer has received notice from the California Department of Justice, herein referred to as the “DOJ,” that DOJ has received an application for that person to purchase a handgun within the State of California within a thirty (30) day period prior thereto. For the purposes of this subsection, the date of application of purchase shall be the date the DOJ receives the Dealer Record of Sale or receives the transmission of required information by any medium of communication authorized under state law.
(e) For the purposes of this section, the redemption of a handgun pledged to a pawnbroker shall not be deemed the sale, purchase or transfer of title of that handgun. However, a dealer may not rely on this exemption unless the purchaser provides proof that the transaction was the redemption of a handgun pawned to a pawnbroker by the purchaser.
(f) Each dealer shall maintain records of each sale of a handgun to include the name of the purchaser, type of handgun, date of sale, and any other information required by the Board of Police Commissioners. Such records shall be maintained on the premises of the dealer for a period of not less than two (2) years and shall be subject to inspection at any time during normal business hours.
(g) Each dealer shall post a sign in a conspicuous place with letters at least one inch high stating the obligations and restrictions of purchasers and dealers under this ordinance, pursuant to direction by the Board of Police Commissioners.
(h) The dealer shall require the purchaser, at the time of application for purchase, to indicate, on a form prescribed by the Board of Police Commissioners, whether the purchaser has or has not made an application for the purchase of a handgun within the last thirty (30) days, and which if any of the exemptions set forth in Subsection (I) is applicable to the purchaser. If any of the exemptions is checked, the restrictions of this section shall not apply, provided all necessary information is supplied to the dealer. The form shall be signed by the purchaser under penalty of perjury. Such form shall be maintained on the premises of the dealer for a period of not less than two (2) years from the date of signing and shall be subject to inspection at any time during normal business hours.
(i) The provisions of this section shall not apply to the following:
1. Any person who is licensed to sell firearms pursuant to Article 4, commencing with Section 12070, of the Penal Code of the State of California.
2. Any law enforcement agency.
3. Any agency duly authorized to perform law enforcement duties.
4. Any state or local correctional facility.
5. Any private security company licensed to do business in the State of California.
6. Any person who is properly identified as a full-time paid peace officer, as defined in Section 830.1, 830.2, 830.4, or 830.5 of the Penal Code of the State of California, and who is authorized to, and does, carry a firearm during the course and scope of their employment as a peace officer.
7. Any antique firearm, as defined in Paragraph (16) of Subsection (a) of Section 921 of Title 18 of the United States Code.
8. Any person or entity who purchases firearms in a collector’s series or a bulk purchase from an estate sale.
9. Any motion picture, television, or video production company, or entertainment or theatrical company whose production involves the use of a handgun, and which secures such handgun from unauthorized use.
10. Any person who is exempt from the waiting period in Subdivision (c) of Section 12072 of the Penal Code of the State of California.
11. Any person who is exempt from the provisions of Subdivision (d) of Section 12072 of the Penal Code of the State of California.
12. Any person or entity conducting a transaction through a law enforcement agency pursuant to Section 12084 of the Penal Code of the State of California.
13. Any person or entity conducting a transaction described in Subdivision (k) of Section 12078 of the Penal Code of the State of California.
14. Any person who is licensed as a collector pursuant to Chapter 44, (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued to them by the Department of Justice pursuant to Section 12071 of the Penal Code of the State of California.
15. Any person or entity acquiring a handgun by bequest or intestate succession.
16. Any person or entity replacing a single handgun where the handgun was lost or stolen, and the person reported that firearm lost or stolen to the Los Angeles Police Department or appropriate law enforcement agency and presents the dealer with evidence of such reporting.
17. Any seller’s exchange or replacement of a handgun for a handgun purchased from that seller within the thirty (30) day period immediately preceding the date of exchange or replacement.
(j) Violation of Subsection (b) shall be punishable as an infraction subject to a fine of $50.00 for the first violation of that subsection, as an infraction subject to a fine of $100.00 for the second violation of the subsection and as a misdemeanor for the third or subsequent violations of that subsection. Each handgun applied for shall be deemed a separate violation.
(k) If any provision of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction within the State of California, such decision shall not affect the validity of the remaining provisions and the City declares that it would have adopted the remaining provisions irrespective of the fact that a provision or provisions are declared invalid or unconstitutional.
(Added by Ord. No. 173,876, Eff. 5/18/01.)
(a) As used in this section, the term “firearm” shall mean any pistol, revolver, shotgun, rifle, or other firearm, as that term is defined in Section 103.314 of this Code.
(b) As used in this section, the term “dealer” shall mean any person who is engaged in the retail sale of firearms and any retail firearms dealer, as that term is defined in Section 103.314 of this Code.
(c) No dealer shall sell or otherwise transfer ownership of any firearm without obtaining the right thumb print of the purchaser or transferee on the California Department of Justice Dealer Record of Sale of Firearm worksheet signed by the purchaser or transferee. The thumb print shall be recorded at the lower right hand corner on the back side of the worksheet at the time that the worksheet is signed by the purchaser or transferee.
(d) The thumb print record required by this section shall be maintained on the premises of the dealer throughout the time period during which the Dealer Record of Sale is required to be maintained by the dealer. Such record shall be subject to inspection at any time during normal business hours in accordance with the provisions of Section 103.14 of this Code.
(e) No person shall knowingly fail to obtain a required thumb print, or knowingly fail to maintain the record of a thumb print required by this section. No person shall refuse to permit a law enforcement employee to examine any record prepared in accordance with this section during any inspection conducted pursuant to this section, or refuse to permit the use of any such record or information in such record by a law enforcement agency.
(f) The requirements of this section shall not apply when the purchaser or transferee is any of the following:
(1) Any person described in Section 12302 or 12322 of the California Penal Code;
(2) Any off-duty peace officer who displays proper agency identification which identifies the officer as an active peace officer;
(3) Any person who has been issued a permit to carry a concealed weapon under the authority of Section 12050 of the California Penal Code;
(4) Any security guard licensed under the authority of Section 12033 of the California Penal Code;
(5) Any firearms dealer who has been issued a Federal Firearms License, a Certificate of Eligibility by the State of California, and a Seller of Firearms Permit by the City of Los Angeles.
(g) Any violation of this section shall constitute a misdemeanor.
(Added by Ord. No. 174,656, Eff. 8/3/02.)
(a) It is unlawful for any person to knowingly possess within any airport or airport operations area, as defined in California Penal Code Sections 602(t)(3)(A) and (C), either in an area to which access is controlled by the inspection of persons and property or in an area in which these inspections are conducted, any of the following items:
(1) any frame, receiver or barrel of a firearm;
(2) any ammunition as defined in California Penal Code Section 12316.
(b) This provision shall not apply to, or affect, any of the following:
(1) a duly appointed peace officer, as defined in California Penal Code Chapter 4.5 (commencing with California Penal Code Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in California Penal Code Section 12027(a), a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while the person is actually engaged in assisting the officer.
(2) authorization to possess any frame, receiver or barrel of a firearm or any ammunition granted, in writing, by the city official designated by title 49 Code of Federal Regulations Section 1542.3 as the person in charge of security of the airport.
(c) A violation of this section shall be punished by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both that fine and imprisonment.
(Amended by Ord. No. 176,603, Eff. 6/5/05.)
(a) As used in this section, the term “large caliber firearm” shall mean any firearm, as defined in Section 103.314 of this Code, capable of firing a center-fire cartridge of .50 caliber or larger either by designation or by actual measurement. The term “large caliber firearm” shall include any rifle or handgun.
(b) As used in this section, the term “rifle” shall mean any firearm that is designed or redesigned, made or remade, and intended to be fired from the shoulder and is designed to fire only a single projectile through a rifled bore for each single pull of the trigger. The term “rifle” shall not include any shotgun.
(c) As used in this section, the term “handgun” shall mean any firearm with a barrel less than 16 inches in length. The term “handgun” shall include any pistol, revolver, or concealable firearm as such terms are defined in the California Penal Code.
(d) No person shall sell, give, transfer ownership of, transfer, offer for sale, or display for sale any large caliber firearm.
(e) The provisions of this section shall not apply to any sale or transfer of a firearm which is prohibited under state law, of any destructive device as defined in Section 12301 of the California Penal Code, of any assault weapon as defined in the California Penal Code, or of any .50 BMG rifle as defined in the California Penal Code. The provisions of this section shall not apply to any offer for sale or display in any periodical, solicitation by mail, or use of the internet by a seller or offeror located outside the City of Los Angeles.
(f) The provisions of Subsection (d) of this section shall not apply where the purchaser or transferee is any of the following:
(1) A law enforcement agency;
(2) An agency duly authorized to perform law enforcement duties;
(3) A state or local correctional facility;
(4) A person described in Section 12302 or 12322 of the California Penal Code, when acting within the course and scope of their law enforcement duties;
(5) A federal law enforcement officer, when acting in the course and scope of their law enforcement duties;
(6) A person who is properly identified as a full-time paid peace officer, as defined in Section 830.1, 830.2, 830.4, or 830.5 of the California Penal Code, and who is authorized to, and does, carry a firearm during the course of their employment as a peace officer, and is acting within the course and scope of such employment;
(7) A firearms dealer who has been issued a Federal Firearms License, a Certificate of Eligibility by the State of California, and a permit by the City of Los Angeles to engage in the retail sale of firearms;
(8) A purchaser of a curio or collector firearm. A firearm shall be deemed curio or collector only if it falls within one of these categories:
(A) It was manufactured prior to 1899;
(B) It is classified as a curio or relic pursuant to 27 Code of Federal Regulations section 178.11, and the purchaser maintains a current federal firearms collector license; or
(C) It is a muzzle-loading firearm;
(9) A federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the large caliber firearm is used for display purposes, is secured from unauthorized use, and is unloaded;
(10) A person acting pursuant to a valid entertainment firearms permit issued by the State of California; or
(11) A person who obtains title to a large caliber firearm by bequest or intestate succession.
(g) Any violation of this section shall constitute a misdemeanor.
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