Findings. | |
Definitions. | |
Carrying of Firearms Prohibited while under the Influence of an Alcoholic Beverage or Drug. | |
Possession of Firearms Prohibited while upon Public Premises Selling or Serving Alcoholic Beverages. | |
Presumption Raised by Blood Alcohol Level. | |
Chemical Blood, Breath, or Urine Tests; Obligation of Officer to Advise Regarding Legal Rights and Consequences; Confiscation of Firearm for Refusal to Submit to Test; Hearing. | |
Administration of Tests. | |
Authorized Use of Drugs. | |
Participation in Treatment Program not Grounds for Suspending or Dismissing Proceedings. | |
Penalty. | |
Proscribed Firearms as Nuisance; Surrender and Destruction; Restoration of Stolen Firearms to Owner. | |
Severability. | |
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. 35, Firearm Strict Liability Act.
∙ 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. 35, Firearm Strict Liability Act.
∙ 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.
(a) Persons under the influence of an alcoholic beverage or drug frequently lack the normal restraint and judgment that would ordinarily prevent them from initiating or escalating criminal or domestic violence.
(b) Carrying or possession of firearms by persons under the influence of an alcoholic beverage or drug exacerbates the problems associated with the irresponsible or unlawful use of such weapons.
(c) It has been determined that in order to promote and to protect the health and safety and welfare of the public, it is necessary to regulate the carrying or possession of firearms by persons under the influence of an alcoholic beverage or drug.
(Added by Ord. 399-82, App. 8/12/82)
Unless the provision or context otherwise requires, the following definitions shall govern the construction of this Article:
(a) "Alcoholic beverage" includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the California Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. For purposes of this Article, alcoholic beverage includes a mixture of one or more alcoholic beverages ingested separately or as a mixture.
(b) "Firearm"means (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. Such term does not include an antique firearm.
(c) "Drug" as used herein shall include, but is not limited to, all narcotics, drugs, or controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code.
(d) "Public premises" includes (1) premises licensed with any type of licenses other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages; (2) premises licensed with an on-sale beer license, in which food shall not be served or sold to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold or served.
(e) "Carrying" a firearm means to hold or bear said firearm upon one's person.
(f) "Possessing" a firearm means to own, have or keep said firearm.
(Added by Ord. 399-82, App. 8/12/82)
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