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(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]
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