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(a) Definitions. As used in this Section 615, these terms shall have the following meanings:
(1) "Firearm ammunition" shall include any ammunition for use in any pistol or revolver, or semiautomatic rifle or assault weapon, but shall not include ammunition for shotguns that contains shot that is No. 4 or smaller.
(2) "Semiautomatic rifle" shall mean any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
(3) "Assault weapon" shall mean any of the weapons designated in California Penal Code Section 12276 or 12276.1.
(4) "Vendor" shall mean any person located in the City and County of San Francisco who is engaged in the sale of firearm ammunition, including any retail firearms dealer.
(5) "Remote Vendor" shall mean any person engaged in the sale of firearm ammunition, including any retail firearms dealer, who is located outside the City and County of San Francisco but delivers or causes to be delivered firearm ammunition to an address within the City and County of San Francisco.
(b) No Vendor or Remote Vendor engaging in a transaction for delivery to an address in the City and County of San Francisco shall sell or otherwise transfer ownership of any firearm ammunition without at the time of purchase recording the following information on a form to be prescribed by the Chief of Police:
(1) the name of the Vendor or Remote Vendor (including the name of the specific individual) transferring ownership to the transferee;
(2) the place where the transfer occurred; in the case of a Remote Vendor, the place of transfer shall be the origin of the shipment;
(3) the date and time of the transfer; a Remote Vendor shall record the date and time of the shipment;
(4) the name, address and date of birth of the transferee;
(5) the transferee's driver's license number, or other identification number, and the state in which it was issued;
(6) the brand, type and amount of ammunition transferred; and
(7) the transferee's signature and thumbprint.
(c) Any Vendor or Remote Vendor who sells or otherwise transfers any firearm ammunition, where the transaction occurs within the City and County of San Francisco or the firearm ammunition is ordered for delivery to an address within the City and County of San Francisco, shall be subject to the reporting requirement of this subsection (c). On a weekly basis, the Vendor or Remote Vendor shall report the transactions for the previous week to the Chief of Police or his or her designee by electronic mail or by such other means specified by the Chief of Police or his or her designee. The report shall contain the same information required under subsection (b) for each transaction.
(d) No Vendor or Remote Vendor shall knowingly make a false entry in, or fail to make a required entry in, records prepared in accordance with subsection (b). No Vendor or Remote Vendor shall fail to submit the report required under subsection (c) in a timely manner, or knowingly include false information in such report. A Vendor or Remote Vendor must maintain the records required under subsection (b) on the premises for a period of not less than two years from the date of the recorded transfer. Said records shall be subject to inspection by the Police Department at any time during normal business hours.
(1) First Conviction. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction of the infraction, the violator shall be punished by a fine of not less than $50 nor more than $100.
(2) Subsequent Convictions. In any accusatory pleading charging a violation of this Section, if the defendant has been previously convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Section a second time within a 90-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $400 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this Section, a third time, and each subsequent time, within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more than $500 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment.
(f) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Section or any part thereof. The Board of Supervisors hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words.
(Added as Sec. 618 by Ord. 328-95, App. 10/20/95; redesignated and amended by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by Ord. 37-13 , File No. 130039, App. 3/13/2013, Eff. 4/12/2013; Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013; Ord. 190-15 , File No. 150912, App. 11/10/2015, Eff. 12/10/2015)
(Former Sec. 615 amended by Ord. 407-86, App. 10/3/86; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004)