Skip to code content (skip section selection)
(a) Findings. The Board of Supervisors finds as follows:
(1) A number of other states have enacted legislation to facilitate the issuance of licenses to carry concealed firearms with the result that firearms manufacturers have been designing and marketing ultracompact handguns to respond to the development of the market created by the relaxation of concealed weapons laws in these states.
(2) These ultracompact handguns are designed to allow the complete concealment of the weapon on the person.
(3) In contrast to those states that have relaxed requirements for issuance of licenses to carry concealed weapons, California has not done so. Moreover, in San Francisco, permits to carry concealed weapons are issued only in very limited circumstances. There are currently fewer than ten individuals authorized by the City to carry concealed weapons.
(4) Because concealed weapons permits are rarely issued in San Francisco, any legitimate market for concealable ultracompact handguns is exceedingly small.
(5) Ultracompact handguns have no legitimate hunting or sporting purpose, and are ill-suited for use as a means to defend one's home or property, since the short barrel length makes them inherently inaccurate.
(6) A national study of weapons confiscated by law enforcement agencies found that a substantial majority of the handguns confiscated have a barrel length of less than three inches.
(7) A survey of incarcerated felons found that easy concealment is very often an important consideration in the selection of handguns that are later used to commit crimes.
(8) A study of persons in California found that persons whose applications for the purchase of a handgun were denied based on prior criminal activity were more likely to attempt to purchase small, highly concealable handguns than are potential purchasers whose applications were not denied.
(9) A study of handgun owners in one state found that 67 percent of felons but just 30 percent of other handgun owners reported owning a handgun with a barrel length of three inches or less.
(10) Because there is evidence that criminals prefer smaller, more concealable handguns, and since handguns are used in at least 80 percent of all violent crimes involving firearms in the United States, the public interest is not served by allowing the unregulated sale of easily concealable ultracompact handguns. The concealability of these weapons makes them a high public security and safety risk when owned and carried by individuals unlicensed to carry concealed weapons, particularly in a high-density urban area such as San Francisco.
(11) The dangers of ultracompact firearms are further detailed in "Pocket Rockets-The Gun Industry's Sale of Increased Killing Power," Violence Policy Center (2001).
(b) Purpose and Intent. The purpose and intent of this Section is to protect the health, safety, and general welfare of the citizens of the City and County of San Francisco by reducing the potential for death or injury to citizens and law enforcement personnel attributable to ultracompact firearms. It is not the intent of this Section to address the problem of handgun safety, as addressed, for example, in Sections 12125 through 12133 of the California Penal Code, or to otherwise regulate ultracompact firearms based on consumer product safety considerations for the person using the firearm.
(c) Sale of Ultracompact Firearms Restricted. No person licensed pursuant to this Article shall sell, lease or otherwise transfer any ultracompact firearm except as authorized by paragraph (d) of this Section. Nothing in this section shall preclude any person licensed pursuant to this Article from processing firearms transactions between unlicensed parties pursuant to subdivision (d) of Section 12072 of the Penal Code of the State of California.
(d) Exceptions. The requirements of this Section shall not apply to the sale, lease or other transfer of an ultracompact firearm in the following circumstances:
(1) To any law enforcement agency;
(2) To any agency duly authorized to perform law enforcement duties;
(3) To any state or local correctional facility;
(4) To a federal law enforcement officer, provided such law enforcement officer is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment;
(5) To a private security company licensed to do business in the State of California;
(6) To a person described in Sections 12302 or 12322(a) of the California Penal Code, provided such person is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment;
(7) To any person who is properly identified as a full-time paid peace officer, as defined in Sections 830.1, 830.2, 830.4, or 830.5 of the California Penal Code, provided such peace officer is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment.
(8) To the sale, lease or other transfer of any antique firearm., as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code.
(9) To the loan of an ultracompact firearm to a person for use solely as a prop in a motion picture, television, or video, theatrical or other entertainment production or event, provided that such person is in compliance with Section 12081 of the California Penal Code;
(10) To any person or entity conducting a transaction that is exempt from the provisions of subdivision (d) of Section 12072 of the California Penal Code;
(11) To any person or entity conducting a transaction described in subdivision (k) of Section 12078 of the California Penal Code;
(12) To a firearms dealer who has been issued a Federal Firearms License, and who is in compliance with the requirements of Section 12071 of the California Penal Code;
(13) To any person or entity acquiring an ultracompact firearm by bequest, intestate succession or otherwise by operation of law;
(14) To a non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being transferred
(15) To a federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the ultracompact firearm is used for display purposes, is unloaded, and is secured from unauthorized use;
(16) To the delivery of an ultracompact firearm to a licensed gunsmith, as defined in California Penal Code Section 12001(r), or to a person licensed pursuant to California Penal Code Section 12071, for purposes of service or repair, or to the return of the firearm to its owner by the gunsmith or by licensee following the completion of service or repairs;
(17) To the return of an ultracompact firearm to its owner by a person licensed pursuant to this Article where the firearm was initially delivered to the licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan.
(1) Violation of this section shall be punishable as a misdemeanor. In addition, each violation of this Section shall constitute grounds for suspension or revocation of the licensee's firearms dealer license under this Article.
(2) Each transaction in violation of this Section shall be deemed a distinct and separate violation.
(Added by Ord. 62-00, File No. 000197, App. 4/14/2000; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)