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(a) Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such firearm to the San Francisco Police Department within 48 hours of becoming aware of the theft or loss whenever
(1) the owner resides in San Francisco, or
(2) the theft or loss of the firearm occurs in San Francisco.
(b) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms within 48 hours of when the owner or person in possession becomes aware or should have become aware of the theft or loss shall be punishable in accordance with Section 613.19.
(c) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms in a timely manner shall create a rebuttable presumption that the owner or person remains in possession of the firearm.
(Added by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by
Ord. 249-13
, File No. 130585, App. 11/8/2013, Eff. 12/8/2013
)
(Former Sec. 616 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004)
A. Legislative Findings.
(1) The national and statewide statistical information available from numerous sources overwhelmingly demonstrates that the incidence of gunshot fatalities and injuries has reached alarming and thus, unacceptable proportions; and
(2) Government at all levels has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims; and
(3) Recent events throughout the City and County have generated additional fears of random usage of guns to commit violence on unsuspecting residents, children and adults alike; and
(4) The Board of Supervisors finds that crimes and injuries committed with the use of a firearm are prevalent in San Francisco, with local statistics showing an increase in homicides by use of a gun increasing from 39 gun homicides out of 63 total homicides in 2001, which is a 63 percent increase, to 68 gun homicides out of 85 total homicides in 2006, which is an 80 percent increase. Local statistics also show that San Francisco Police Department has seized 1,158 guns in 2005, and 1,104 guns in 2006. In 2007, there have already been 25 gun homicides.
(5) In the City and County of San Francisco, the number of nonfatal injuries from guns has steadily increased. While, in 2001, 81 patients were admitted to SF General Trauma Center for serious injuries resulting from gun shots, the number of patients admitted for serious injuries rose to 228 by 2006. Similarly, the total number of shootings that resulted in nonfatal injuries documented by SFPD was 269 in 2005, 303 in 2006, and in 2007 this number has already reached 105 by May 10; and
(6) Gun crimes in and around schools and on buses carrying students to and from school have become increasingly common; and
(7) In 2003 and 2004, 52 percent of the City's gun violence victims were under the age of 25.
(8) Homicides committed with handguns are the leading cause of firearms related injuries and death in California; and
(9) The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents across the County; and
(10) The Board of Supervisors has authority over the management and control of City and County property, and it may regulate, by ordinance, the manner in which the property of the City and County is accessed and used by members of the public; and
(11) Prohibiting the possession or sale of firearms and/or ammunition on City and County property will promote the public health and safety by contributing to the reduction in the presence of firearms and the potential for gunshot fatalities and injuries in the county. It will increase the confidence of members of the public that they are not at risk of injury from firearms when they seek to use the property and facilities of the City and County. In particular, this Board of Supervisors finds that an enormous number of the general public utilizes the parks, playgrounds and squares of San Francisco. This Board finds that prohibiting the possession or sale of firearms and ammunition on City and County property will help to ensure the safety of the general public and specifically children who are among the most vulnerable in our society; and
(12) The California Supreme Court has ruled that State Law does not preempt local laws banning the possession and sale of firearms and ammunition on their property. In Nordyke v. King (2002) 27 Cal.4th 875, the Supreme Court upheld an Alameda County ordinance banning the possession of firearms and ammunition on county owned property and in Great Western v. County of Los Angeles (2002) 27 Cal.4th 853, the Supreme Court upheld a Los Angeles County Ordinance prohibiting all sales of firearms and ammunition on county property. These rulings uphold the legal ability of the Board of Supervisors to ban the possession and sale of firearms and ammunition on City and County property.
B. Legislative Intent. With passage of this ordinance, the City and County seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety and welfare of all of its residents.
(1) City and County Property.
(a) As used in this section, the term "City property" means real property, including any buildings thereon, owned or leased by the City and County of San Francisco (hereinafter "City"), and in the City's possession or in the possession of a public or private entity under contract with the City to perform a public purpose including but not limited to the following property: recreational and park property including but not limited to Golden Gate Park, the San Francisco zoo, Hilltop Park and San Francisco's parks and playgrounds, plazas including but not limited to United Nations Plaza and Hallidie Plaza, community centers such as Ella Hill Hutch Community Center, and property of the Department of Recreations and Parks, the Port, and the Public Utilities Commission.
(b)2 The term "City property" does not include any "local public building" as defined in Penal Code Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b.
(c) The term "City property" also does not include the public right-of-way owned by the City and County of San Francisco including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the City or any property owned by the City that is outside the territorial limits of the City and County of San Francisco.
(2) Firearms. As used in this section the term "firearm" is any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5.
(3) Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2).
C.1 Possession or Sale of Firearms or Ammunition on County Property Prohibited. No person shall:
(1) Bring onto or possess on county property a firearm, loaded or unloaded, or ammunition for a firearm.
(2) Sell on county property a firearm, loaded or unloaded, or ammunition for a firearm.
D. Exceptions, Ban on Possession. Section C.(1)1 above shall not apply to the following:
(1) A peace officer, retired peace officer or person assisting a peace officer when authorized to carry a concealed weapon under Penal Code Section 12027(a) or a loaded firearm under Penal Code Section 12031(b)(1) and under 18 U.S.C. 926B or 926C.
(2) Members of the armed forces when on duty or other organizations when authorized to carry a concealed weapon under Penal Code Section 12027(c) or a loaded firearm under Penal Code Section 12031(b)(4).
(3) Military or civil organizations carrying unloaded weapons while parading or when going to and from their organizational meetings when authorized to carry a concealed weapon under Penal Code Section 12027(d).
(4) Guards or messengers of common carriers, banks and other financial institutions when authorized to carry a concealed weapon under Penal Code Section 12027(e) and armored vehicle guards when authorized to carry a loaded weapon under Penal Code Section 12031(b)(7).
(5) Persons who are at a target range.
(6) Honorably retired Federal officers or agents of Federal law enforcement agencies when authorized to carry a concealed weapon under Penal Code Section 12027(i) or a loaded weapon under Penal Code Section 12031(b)(8).
(7) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under State Law.
(8) Patrol special police officers, animal control officers or zookeepers, and harbor police officers, when authorized to carry a loaded firearm under Penal Code Section 12031(c).
(9) A guard or messenger of a common carrier, bank or other financial institution; a guard of a contract carrier operating an armored vehicle; a licensed private investigator, patrol operator or alarm company operator; a uniformed security guard or night watch person employed by a public agency; a uniformed security guard or uniformed alarm agent; a uniformed employee of private patrol operator or private investigator when any of the above are authorized to carry a loaded firearm under Penal Code Section 12031(d).
(10) Any authorized participant in a motion picture, television or video production or entertainment event when the participant lawfully uses a firearm as part of that production or event.
E. Exception, Ban on Sale. Section C.(2)1 above shall not apply to the following:
(1) Purchase or sale of a firearm or ammunition for a firearm by a federal, state or local law enforcement agency or by any other Federal, State or local governmental entity.
(2) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under state law.
(3) Sale of ammunition at a target range for use at the target range.
G. Severability. If any provision, clause or word of this Section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this chapter are declared to be severable.
(Added by Ord. 194-07, File No. 070682, App. 8/1/2007)
CODIFICATION NOTES
(a) Definition. For purposes of this Section, "Prohibited Ammunition" shall mean:
(1) Ammunition sold under the brand name "Winchester Black Talon," or that has physical properties resulting in ballistics performance identical to ammunition presently or formerly sold under the brand name Winchester Black Talon; or,
(2) Ammunition designated by its manufacturer for purchase by law enforcement or military agencies only, unless other ammunition is available to the general public that has physical properties resulting in ballistics performance identical to such ammunition.
(b) Possession Prohibited; Exceptions. No person, firm, corporation or other entity may possess Prohibited Ammunition within the City and County of San Francisco, except that this subsection shall not apply to the otherwise-lawful possession of Prohibited Ammunition by the following:
(1) Peace officers in possession of Prohibited Ammunition issued to them by their employing agency;
(2) Federal law enforcement officers or other federal employees in possession of Prohibited Ammunition issued to them by their employing agency;
(3) Members of the armed forces of the United States in possession of Prohibited Ammunition issued to them by the military agency to which they belong;
(4) Patrol special police officers, animal control officers or zookeepers, harbor police officers, sheriff's security officers, or police security officers in possession of Prohibited Ammunition issued to them by their employing agencies; or,
(5) Businesses licensed as firearms dealers under this Article in possession of Prohibited Ammunition for sale to law enforcement and military agencies. Agencies employing persons listed in subsection (b)(4) are considered law enforcement agencies for purposes of this Section.
(c) Sale or Transfer. No business licensed as a firearm dealer under this Article may sell, lease or otherwise transfer Prohibited Ammunition except to law enforcement and military agencies.
(d) Police Database. The San Francisco Police Department shall prepare or cause to be prepared a public database of brands and product lines of ammunition meeting the definition of "Prohibited Ammunition" in subsection (a). Failure of the Police Department to create or maintain such a database, or the omission from the database of a particular brand or product line of ammunition otherwise qualifying as "Prohibited Ammunition," under subsection (a), shall not be a defense to or otherwise excuse a violation of this Section.
(e) Penalty. Violation of any of the provisions of this Section is a misdemeanor and upon conviction the violator may be punished by a fine not to exceed $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both.
(f) Severability. If any provision, clause or word of this Section 618 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this Section are declared to be severable.
(Former Sec. 618 added by Ord. 328-95, App. 10/20/95; renumbered as Sec. 615 and amended by Ord. 260-04, File No. 031932, App. 11/4/2004)
(a) Findings.
(1) In 2007, 3,231 people died from firearm-related injuries in California, and 4,491 other people were treated for non-fatal gunshot wounds.
(2) The ability of an automatic or semiautomatic firearm to fire multiple bullets without reloading is directly related to the capacity of the firearm's feeding device or "magazine." Inside the magazine, a spring forces the cartridges into position to be fed into the chamber by operation of the firearm's action.
(3) Magazines with a capacity of more than 10 rounds of ammunition are generally considered to be "large capacity" magazines, although the statutory definitions vary. In some cases, large capacity magazines can hold up to 100 rounds of ammunition. Other types of firearms, in contrast, are generally capable of holding far less ammunition: for example, revolvers typically hold six rounds of ammunition in a rotating cylinder.
(4) Although detachable large capacity magazines are typically associated with machine guns or semiautomatic assault weapons, such devices are available for any semiautomatic firearm that accepts a detachable magazine, including semiautomatic handguns.
(5) The ability of large capacity magazines to hold numerous rounds of ammunition significantly increases the lethality of the automatic and semiautomatic firearms using them.
(6) Large capacity magazines were used in a number of recent high-profile shootings, including:
The shooting on the campus of Virginia Tech on April 16, 2007, where 32 people were killed and many others wounded,
The shooting in a gym in Pittsburgh on August 4, 2009, where three people were killed and nine others injured.
The shooting on November 5, 2009 at Fort Hood, Texas, where 13 people were killed and 34 more were wounded.
The shooting on January 8, 2011, at Tucson, Arizona, where 6 people were killed and 13 people were injured, including a member of the United States House of Representatives, and
The shootings on December 14, 2012, at Newtown, Connecticut, where 27 people (not including the shooter) were killed.
(7) Large capacity magazines have also been used against San Francisco police officers, including a recent incident at India Basin Shoreline Park, where undercover police officers were targeted with semiautomatic pistols containing 30-round magazines. Prohibiting large capacity magazines serves police safety by requiring perpetrators to pause to reload their firearms more frequently, giving police officers greater opportunity to apprehend them.
(8) Large capacity magazine bans reduce the capacity, and thus the potential lethality, of any firearm that can accept a large capacity magazine.
(9) Large capacity magazines are not necessary for individuals to vindicate their right to self-defense. Only in an extraordinarily rare circumstance would a person using a firearm in self-defense ever be required to use a large capacity magazine to defend himself or herself effectively. This is particularly true in an urban center like San Francisco, where law enforcement can and does respond quickly to threats and incidents. Conversely, the dangers of large capacity magazines are heightened in dense urban areas like San Francisco.
(10) In 1994, in recognition of the dangers posed by these devices, Congress adopted a law prohibiting the transfer and possession of large capacity magazines as part of the federal assault weapon ban. That law was filled with loopholes, however.
(11) The federal law was enacted with a sunset clause, providing for its expiration after ten years. Despite overwhelming public support for the law, Congress allowed the federal ban to expire on September 13, 2004.
(12) Research commissioned by the U.S. Department of Justice to analyze the effect of the 1994 federal ban on assault weapons and large capacity magazines found that attacks with semiautomatics including assault weapons and other semiautomatics equipped with large capacity magazines result in more shots fired, more persons hit, and more wounds inflicted per victim than do attacks with other firearms.
(13) Since January 1, 2000, California Penal Code §§ 32310 et seq., have, with limited exceptions, prohibited the manufacture, importation into the state, keeping for sale, offering or exposing for sale, giving, or lending of large capacity magazines. California law does not, however, prohibit the possession of these magazines, and this gap in the law threatens public safety.
(b) Definition. "Large capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds;
(2) A . 22 caliber tube ammunition feeding device; or
(3) A tubular magazine that is contained in a lever-action firearm.
(c) Prohibition on Possession of Large Capacity Magazines.
(1) No person, corporation, or other entity in the City may possess a large capacity magazine, whether assembled or disassembled.
(2) Any person who, prior to the effective date of this chapter, was legally in possession of a large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(A) Remove the large capacity magazine from the City;
(B) Surrender the large capacity magazine to the Police Department for destruction; or
(C) Sell or transfer the large capacity magazine lawfully in accordance with Penal Code § 12020.
(d) Exceptions. Subsection (c) shall not apply to the following:
(1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large capacity magazine in connection with his or her official duties;
(2) A person licensed pursuant to Penal Code §§ 26700 to 26915, inclusive;
(3) A gunsmith for the purposes of maintenance, repair or modification of the large capacity magazine;
(4) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business;
(5) Any person, corporation or other entity that manufactures the large capacity magazine for a person mentioned in subsection (a) or for export pursuant to applicable federal regulations;
(6) Any person using the large capacity magazine solely as a prop for a motion picture, television, or video production, or entertainment event;
(7) Any holder of a special weapons permit issued pursuant to Penal Code § 33300, 32650, 32700, 31000, or 18900;
(8) Any person issued a permit pursuant to Penal Code § 32315 by the California Department of Justice upon a showing of good cause for the possession, transportation, or sale of large capacity magazines between a person licensed pursuant to Penal Code §§ 26700 to 26915 and an out-of-state client, when those activities are in accordance with the terms and conditions of that permit;
(9) Any federal, state or local historical society, museum, or institutional collection which is open to the public, provided that the large capacity magazine is properly housed secured from unauthorized handling, and unloaded;
(10) Any person who finds the large capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large capacity magazine no longer than is necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law;
(11) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities;
(12) Any person in the business of selling or transferring large capacity magazines in accordance with Penal Code § 12020, who is in possession of a large capacity magazine solely for the purpose of doing so; or
(13) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000 if no magazine that holds 10 or less rounds of ammunition is compatible with that firearm and the person possesses the large capacity magazine solely for use with that firearm.
(e) Penalty. Any person violating this chapter is guilty of a misdemeanor.
(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.
(g) No Duplication of State Law. In the event that the State of California enacts legislation prohibiting possession of large capacity magazines, this Section 618 1
shall have no force or effect to the extent that it duplicates any such state law.
CODIFICATION NOTE
(a) Findings.
(1) “Ghost guns” are untraceable and unregulated firearms that are often assembled by unlicensed individuals using build-it-yourself kits.
(2) The main precursor part of an assembled firearm is an unfinished “frame” or “receiver,” which contains the firing mechanism, to which other parts are attached. Unfinished frames and receivers are often referred to as “80%” receivers or frames, because they are manufactured just below the percentage of completion that would qualify them as firearms under federal and state law.
(3) Sellers often package together an unfinished frame or receiver with all the other parts needed to assemble a ghost gun in a build-it-yourself “ghost gun kit,” with the purpose of avoiding firearms regulations. Assembling the parts into a lethal ghost gun can readily be done by untrained amateurs using common household tools.
(4) Ghost gun precursor parts and kits are typically sold by unregulated sellers online, in retail stores or at gun shows, without the protections that California and federal law apply to the manufacture, sale, and transfer of firearms. As of May 2021, no background checks, waiting periods, sale records, age restrictions, or limits on numbers of purchases apply to purchases of precursor parts or kits.
(5) Any person with cash in hand – whether a domestic abuser, teenager, gun trafficker, or a person contemplating suicide – can purchase unfinished frames or receivers, from which many can easily build a working firearm. Unfinished frames or receivers, and ghost gun kits, cost far less than firearms produced by licensed manufacturers.
(6) In addition, unlike guns produced by licensed firearms manufacturers, a gun assembled using an unfinished frame or receiver does not have a unique serial number allowing it to be traced to the manufacturer, dealer, and purchaser – hence the term “ghost gun.” Although California law requires individuals who assemble firearms to pass a background check, obtain a serial number for the gun, and affix the serial number to the gun within 10 days of assembly, it is all too easy for anyone, including individuals prohibited from purchasing a firearm, to evade these requirements. The absence of a background check makes it possible for persons whom the law recognizes as too dangerous to be permitted to purchase a firearm, to nonetheless be able to do so. And the absence of a serial number on ghost guns cripples the efforts of law enforcement to identify individuals who have used such guns in the commission of a crime, thereby further endangering public safety.
(7) Sales of ghost gun precursor parts and kits present serious safety risks, not only for possible victims of gun violence, but also for those who purchase or otherwise possess ghost guns. The precursor parts and kits are often able to skirt the critical consumer safety requirements that apply to new models of handguns sold by licensed dealers and manufacturers in California. California’s Unsafe Handgun Act is designed to ensure that firearms sold in the state function properly and are equipped with lifesaving features that protect lawful users. However, ghost guns assembled from precursor parts and kits typically fail to include essential safety features mandated by the Act. Further, a firearm assembled by an untrained amateur also may be of poor quality and unsafe. And purchasers of precursor parts and build kits typically avoid completing the firearms safety test that California requires of firearms purchasers.
(8) The increased availability of ghost guns poses enormous risks to public safety in San Francisco and undermines law enforcement efforts to prevent gun violence. Not surprisingly, the number of ghost guns recovered by law enforcement in San Francisco, as well as in other cities in California, is rising rapidly. In San Francisco, the number of ghost guns seized by local law enforcement jumped 2,733% from 2016 to 2020. This rapid increase continued in 2021, and in the first two months of 2021, ghost guns seized by law enforcement in San Francisco increased by 350% compared to 2019. Further, ghost guns have substantially increased as a proportion of all guns seized in San Francisco. In 2016, ghost guns were less than 1% of all firearms seized in San Francisco, but by 2020, ghost guns represented over 16% of all firearms seized in San Francisco.
(9) San Francisco’s experience with ghost guns has paralleled the experience of other cities in California. The California Bureau of Firearms seized 512% more ghost guns from persons identified through the Armed Prohibited Persons System database in 2019 than in 2018. The federal Bureau of Alcohol, Tobacco, and Firearms (ATF) reported in 2019 that 30% of crime guns it recovered in California were ghost guns. In January 2020, the ATF’s Los Angeles Field Division reported that over 40% of its cases involved these weapons. In February 2021, the Los Angeles City Attorney announced that law enforcement had recovered over 700 Polymer80 ghost guns, one brand of ghost gun parts/kits, in Los Angeles in 2020. Ghost guns have been used in a wide variety of crimes in California, including homicides, robberies, school shootings, mass shootings, killings of law enforcement officers, and domestic violence.
(10) San Francisco has a compelling interest in protecting its residents from gun violence. It has among the strongest – if not the strongest – firearm safety laws in California. For example, in 2015, San Francisco enacted an ordinance requiring firearms dealers to install video surveillance systems to record all sales and transfers of guns and ammunition, and to report information about ammunition sales to the Police Department. See Ordinance 190-15. San Francisco’s strong gun violence prevention laws are being undermined by the increase in unregulated sales of ghost gun kits and precursor parts.
(11) As of May 2021, no licensed gun dealers operated in San Francisco. The last licensed gun dealer closed in 2015. The absence of licensed gun dealers in San Francisco increases the likelihood that residents of San Francisco will seek out ghost gun precursor parts and kits.
(b) Definitions. For purposes of this Section 620, the following definitions shall apply:
“Antique Firearm” has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).
“Assemble” means to fit together component parts.
“Federal Firearms Importer or Manufacturer” means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.
“Manufacture” means fabricate, make, form, produce, or construct by manual labor or machinery.
“Precursor Parts Vendor” means a person or entity holding a precursor parts vendor license issued under California Penal Code Sections 30400 et seq.
“Unfinished Frame or Receiver” means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means.
(c) It shall be unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, receive, or Manufacture an Unfinished Frame or Receiver, unless the person is a Federal Firearms Importer or Manufacturer, or the Unfinished Frame or Receiver is required by federal law to be imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer and the Unfinished Frame or Receiver has been imprinted with the serial number. The foregoing prohibition shall not apply to or affect any of the following:
(1) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or
(2) A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Sections 28450, et seq.; or
(3) A person whose licensed premises are outside the City and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued under that Chapter; or
(4) A common carrier licensed under state law, or a motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to United States Code Title 49, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or
(5) Possession, purchase, transport, or receipt of an Unfinished Frame or Receiver by a Precursor Parts Vendor; or
(6) Sale or transfer of an Unfinished Frame or Receiver processed through a Precursor Parts Vendor pursuant to Penal Code Section 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the California Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections; or
(7) Possession of an Unfinished Frame or Receiver by the person who obtained it through a transaction processed by a Precursor Parts Vendor in compliance with subsection (c)(6) of this Section 620.
(d) It shall be unlawful for any person to Manufacture, cause to be Manufactured, Assemble, or cause to be Assembled, a firearm that has not been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law. The foregoing prohibition shall not apply to or affect any of the following:
(1) A firearm that has been rendered permanently inoperable; or
(2) An Antique Firearm; or
(3) A firearm that has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44; or
(4) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or
(5) The Manufacture or Assembly of a firearm with a frame or receiver processed through a Precursor Parts Vendor pursuant to Penal Code Sections 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Section Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections.
(e) Penalty. Violation of any of the provisions of this Section 620 is a misdemeanor and upon conviction the violator may be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both.
(f) Preemption. Nothing in this Section 620 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(g) Promotion of General Welfare. In enacting and implementing this Section 620, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(h) Severability. If any subsection, sentence, clause, phrase, or word of this Section 620, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 145-21, File No. 210540, App. 9/24/2021, Eff. 10/25/2021)
[Miscellaneous Conduct]
It shall be the duty of the police officers, at the time of any fire, to place ropes and guard lines across all public streets on which any burning buildings or premises are situated and at such points as they may be deemed necessary.
(Added by Ord. 1.075, App. 10/11/38)
It shall be unlawful for any person except owners and occupants, and their employees, of buildings endangered by fire, and officers and members of the Fire Department and Police Department, and persons having permits from the Fire Commissioners or Police Commissioners, to pass within such lines or to remain within such lines when ordered outside thereof by any Police Officer.
(Added by Ord. 1.075, App. 10/11/38)
No officer, board or commission, authorized by law to appoint subordinates or to engage the services of laborers, shall solicit or demand of such subordinates or laborers that they vote for or against any candidate for any elective office; or procure, engage, or endeavor to procure from such subordinate or laborer any sum of money or contribution to be used for the election or defeat of any candidate for any elective office; and any officer, or member of any board or commission, who demands such contribution and any subordinate or laborer who pays any such contribution, shall be guilty of a misdemeanor, and, upon conviction thereof, shall forfeit his office or position.
(Added by Ord. 1.075, App. 10/11/38)
(a) Findings.
(1) The Board of Supervisors of the City and County of San Francisco finds that the unauthorized removal of newspapers before they reach their intended reading public, including the unauthorized removal of newspapers circulated to the public free of charge, injures the people of the City and County by depriving them of informative printed news, entertainment, and public notices.
(2) The Board further finds that the unauthorized removal of newspapers infringes on the right of the public to a free press under the First Amendment to the United State Constitution and Article I, Section 2 of the California Constitution, and the public's right to express and exchange diverse ideas and opinions.
(3) The Board further finds that the unauthorized removal of newspapers from newsracks, storefronts, residential properties, bundle drop locations and other locations where newspapers are delivered in mass for public consumption, has become a substantial problem in the City and County of San Francisco.
(4) The Board further finds that persons taking newspapers from these locations are often selling them to recyclers, and are thus appropriating the newspapers for monetary gain.
(b) Definitions.
(1) Newspapers. For purposes of this Section, "newspapers" shall mean any publication made available to the public on a periodic basis (whether daily, weekly, monthly or quarterly), regardless of whether a fee is charged for the publication.
(2) Newsracks. For purposes of this Section, "newsracks" shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers.
(3) Residential Property. For purposes of this Section, "residential property" shall mean any property attached or adjacent to a single-family residence, apartment or other building used as a residential dwelling where a person would reasonably expect newspapers to be placed for the use of individuals residing in the building. Such property includes, but is not limited to, any front yard, driveway, or mailbox associated with such dwelling.
(4) Storefront. For purposes of this Section, "storefront" shall mean any property attached or adjacent to a business, including but not limited to grocery or convenience stores, where a person would reasonably expect newspapers to be placed for the use of the business.
(5) Bundles. For purposes of this Section, "bundles" shall mean a quantity of newspapers gathered or bound together by a publisher or distributor for the purpose of distribution to its intended audience.
(6) Bundle Drop Locations. For purposes of this Section, "bundle drop locations" shall mean places where bundles are placed in mass for distribution by authorized delivery persons.
(c) Prohibitions.
(1) It shall be unlawful for any person to remove, take, or appropriate more than one copy of a newspaper from any newsrack or bundle drop location for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to an authorized representative of the owner or operator of any newsrack, or any publisher, authorized printer or authorized distributor of newspapers.
(2) It shall be unlawful for any person, other than a business owner or the owner's authorized agent, to remove, take, or appropriate more than one copy of a newspaper from any storefront for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper.
(3) It shall be unlawful for any person to remove, take, or appropriate from any residential property more than one copy of a newspaper for the purpose of (i) selling such newspaper to any recycler; (ii) selling, trading, or bartering such newspaper to anyone for any payment; or (iii) depriving others of the opportunity to read or enjoy such newspaper. This prohibition shall not apply to the owner of such residential property, a person residing at such property, or the authorized representative of the owner of or person residing at such property.
(4) It shall be unlawful for a recycler or any other person or entity to purchase more than one copy of any newspaper, or to obtain more than one copy of any newspaper or other publication through trade or barter, from any person ("seller") under circumstances sufficient to give a reasonable person knowledge that the seller has removed, taken, or appropriated such newspapers before they reached their intended reading public. Circumstances sufficient to give a reasonable person such knowledge include, but are not limited to, being offered for purchase, trade or barter a bundle or bundles of multiple copies of the same edition of a newspaper by any person other than a publisher, printer, distributor or retail seller of such newspaper, or an authorized representative of such a publisher, printer, distributor or retail seller.
(d) Record Keeping. Any recycler or other person or entity purchasing newspapers in quantities of greater than 100 pounds per transaction, shall be required to record the following information for each such transaction: the seller's name, address, phone number, valid driver's license number, automobile license plate number, amount of newspapers, and amount paid per transaction. Any recycler or other person required to keep records pursuant to this Section shall maintain such records and make them available for inspection for at least one year.
(e) Penalties. Any person or entity violating any provision of this Section shall be guilty of a misdemeanor or an infraction. The complaint charging such violation shall specify whether, in the discretion of the District Attorney, the violation is a misdemeanor or infraction. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100, and/or community service, for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $100 or more than $500, and/or community service, 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. In any accusatory pleading charging a violation of this Section, if the defendant previously has been convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person or entity violating any provision of this Section a second time within a ninety-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200 and not more than $500, and/or community service, 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 or entity violating any provision of this Section a third time, and each subsequent time, within a ninety-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $500, and/or community service, 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 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 by Ord. 99-96, App. 3/6/96)
It shall be the duty of the driver of any vehicle involved in an accident resulting in damage to any traffic standard, sign or signal, pole, fire alarm box, police telephone signal box, or hydrant belonging to the City and County of San Francisco, to notify, within 24 hours thereafter, the Chief of Police of the City and County of San Francisco of the name of the owner and driver of said vehicle, their address, registration number of said vehicle and the location of the property so damaged.
(Added by Ord. 1.075, App. 10/11/38)
No person shall violate or attempt to violate any rule or regulation prescribed by the appropriate officer, board or commission of the City and County for the administration and protection of any public building or grounds of said City and County under the control and jurisdiction of said officer, board or commission, provided that a copy of said rule or regulation is posted in a conspicuous place in the public building or grounds to which said rule or regulation applies.
(Added by Ord. 79-72, App. 4/3/72)
[Security Requirements]
Security requirements for new construction Group R-1 occupancies entry doors, locks, security glazing, testing and approval, shall be in accordance with the provisions of Sections 4101 through 4105 of the Building Code. Room keys or other opening devices shall be free of hotel name or address identification.
(Amended by Ord. 537-85, App. 12/4/85)
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