Findings. | |
Definitions. | |
Imposition of Strict Liability. | |
Saving Clause; Invalidity of Part of Article not to Affect Remainder. |
Editor's Note:
See also the following Police Code provisions:
∙ Art. 9, Secs. 613 et seq., Miscellaneous Conduct Regulations (relating to firearms and ammunition).
∙ Art. 14, Secs. 840 et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms).
∙ Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages.
∙ Art. 36A, Sale, Manufacture and Distribution of Firearms and Ammunition; Possession of Handguns.
∙ Art. 36B, Storage of Firearms in Motor Vehicles.
∙ Art. 45, Firearms and Weapons Violence Prevention Ordinance.
See also the following Police Code provisions:
∙ Art. 9, Secs. 613 et seq., Miscellaneous Conduct Regulations (relating to firearms and ammunition).
∙ Art. 14, Secs. 840 et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms).
∙ Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages.
∙ Art. 36A, Sale, Manufacture and Distribution of Firearms and Ammunition; Possession of Handguns.
∙ Art. 36B, Storage of Firearms in Motor Vehicles.
∙ Art. 45, Firearms and Weapons Violence Prevention Ordinance.
The Board of Supervisors finds as follows:
(a) The unauthorized use of firearms in the City and County of San Francisco is responsible for approximately two hundred injuries and approximately sixty deaths each year.
(b) The cost of these needless deaths and injuries is generally borne by the injured parties and their families or by the public through the provision of police, emergency and medical services, even in those instances where the person using the firearm is convicted of a crime. The average cost of hospitalization for each person injured as a result of a shooting in San Francisco was approximately $12,128 as of 1996. The total monetary costs to the citizens of San Francisco each year due to these injuries and deaths as a result of hospital expenditures alone exceeds approximately three million dollars.
(c) The manufacturers, importers and dealers of these firearms profit handsomely from the sales of firearms, but bear virtually no responsibility for the costs incurred as a result of the deaths and injuries caused by the use of their products in San Francisco
(d) In order to promote and to protect the health, safety and welfare of the citizens of San Francisco, it is necessary and appropriate to reallocate the cost of injuries and deaths arising from the discharge of firearms by imposing strict liability upon the manufacturers, importers and dealers of those firearms, who are most able financially to accept these costs due to their ability to pass the costs on to consumers of firearms.
(e) Imposing strict liability upon manufacturers, importers and dealers of these firearms for injuries and deaths caused by the firearms is appropriate because these firearms are designed to inflict serious injuries and death.
(Added by Ord. 288-00, File No. 001490, App. 12/22/2000. Former Section 3500 was added by Ord. 311-82, App. 6/28/82; repealed by Ord. 288-00)
(a) "Firearm" shall have the same meaning as in San Francisco Police Code Section 613.1(a).
(b) "Dealer" means any person engaged in the business of selling firearms at wholesale or retail and specifically includes pawnbrokers who take or receive firearms as security for the payment or repayment of money.
(c) "Importer" means any person engaged in the business of importing or bringing firearms into the United States for sale or distribution.
(d) "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution.
(e) "Law enforcement agency" means a federal, state or local law enforcement agency, state militia or an agency of the United States government.
(f) "Law enforcement official" means any officer or agent of an agency defined in paragraph (e) of this section who is authorized to use a firearm in the course of his or her work.
(g) "Internal personalized safety feature" means any internal locking device or other mechanical or electrical device integral to the frame of the firearm that prevents any unauthorized use of the firearm. Such mechanical or electrical devices can include but are not limited to devices that use computer microchips, radio signals or user fingerprints as a means to "recognize" an authorized user. A trigger lock or other external device shall not be considered an internal personalized safety feature.
(Added by Ord. 288-00, File No. 001490, App. 12/22/2000. Former Section 3501 was added by Ord. 311-82, App. 6/28/82; repealed by Ord. 288-00)
(a) Each manufacturer, importer and/or dealer of a firearm shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages arising from bodily injury or death where the bodily injury or death results from the discharge within the jurisdiction of the City and County of San Francisco of any firearm manufactured, imported, distributed, sold, leased or otherwise transferred by the manufacturer, importer and/or dealer, except that no liability shall be imposed pursuant to this subsection for a discharge that occurs prior to the effective date of this section.
(b) Exemptions and Limitations.
(1) No action may be commenced pursuant to this section by any person who is injured or killed by the discharge of a firearm while such person is committing or attempting to commit a crime (whether or not such crime is actually charged), or while such person is attempting to evade arrest by a law enforcement official. This exemption shall be in the nature of an affirmative defense, and shall be proven by a preponderance of the evidence.
(2) No action may be commenced pursuant to this section by any person injured or killed by the discharge of a firearm by a law enforcement official.
(3) This section shall not limit in scope any cause of action, other than that provided by this section, available to a person injured by or killed by a firearm.
(4) Nothing in this section shall prevent a manufacturer, importer or dealer from seeking whole or partial indemnity or contribution for any liability incurred under this section from any third party wholly or partially responsible for the injury or death.
(5) No action may be commenced pursuant to this section by any person for a self-inflicted injury.
(6) No action may be commenced pursuant to this section where the firearm was equipped with an internal personalized safety feature at that time of its first retail sale.
(7) If any manufacturer, importer or dealer has purchased and has in effect at the time of the injury an insurance policy that covers any and all damages, including but not limited to bodily injury or death, resulting from the discharge of the specific firearm involved in the incident, the liability imposed under this section as to that manufacturer, importer or dealer shall not exceed the total amount of coverage available under said policy provided that the total coverage available under the policy shall not be less than $100,000 per incident.
(8) No action may be commenced pursuant to this section where the firearm involved is either (a) a shotgun without a magazine or having a fixed magazine of four or less rounds or (b) a rifle without a magazine or having a fixed magazine of four or less rounds.
(Added by Ord. 288-00, File No. 001490, App. 12/22/2000. Former Section 3502 was added by Ord. 311-82, App. 6/28/82; repealed by Ord. 288-00)
If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be unconstitutional, or invalid, such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have passed this Article and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
(Added by Ord. 288-00, File No. 001490, App. 12/22/2000. Former Section 3503 was added by Ord. 311-82, App. 6/28/82; repealed by Ord. 288-00)
(Added by Ord. 311-82, App. 6/28/82; repealed by Ord. 288-00)
(Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
(Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)
Added by Ord. 170-89, App. 5/25/89; repealed by Ord. 238-02, File No. 021814, App. 12/20/2002)