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(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.
(Added by Ord. 38-13 , File No. 130040, App. 3/13/2013, Eff. 4/12/2013)
(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)