Chapter 7.90
PROHIBITION OF SATURDAY NIGHT SPECIALS/JUNK GUNS

Sections:

7.90.010    Short title.

7.90.020    Purpose of chapter.

7.90.030    Definitions.

7.90.040    Exclusions.

7.90.050    Roster of Saturday night specials.

7.90.060    Notifications.

7.90.070    Reconsideration by the Sheriff.

7.90.080    Appeal of classification.

7.90.090    Publication of the roster.

7.90.100    Effective date of roster.

7.90.110    Additions to the roster.

7.90.120    Sale prohibited.

7.90.130    Exemptions.

7.90.140    Penalty.

7.90.150    Severability and validity.

7.90.010 Short title.

This chapter shall be known as the Santa Cruz County Saturday night special/junk gun sales prohibition. [Ord. 4432 § 1, 1996].

7.90.020 Purpose of chapter.

The purpose of this chapter is to ensure the health, safety and general welfare of Santa Cruz County citizens by eliminating the sale of cheaply made, inadequately designed and poorly manufactured handguns in Santa Cruz County. [Ord. 4432 § 1, 1996].

7.90.030 Definitions.

Except as provided in SCCC 7.90.040, the term “Saturday night special,” as used in this chapter, shall mean any of the following:

(A)    “A pistol, revolver or firearm capable of being concealed upon the person,” as those terms are defined in California Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength;

(B)    A semi-automatic pistol which:

(1)    Is not originally equipped by the manufacturer with a locked-breech action, and

(2)    Is chambered for cartridges developing maximum permissible breech pressures above 24,100 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute,

(3)    For purpose of this subsection, “semi-automatic pistol” shall mean a firearm, as defined in California Penal Code Section 12001(b), which is designed to be held and fired with one hand, and which does the following upon discharge: (i) fires the cartridge in the chamber, (ii) ejects the fired cartridge case, and (iii) loads a cartridge from the magazine into the chamber. “Semi-automatic pistol” shall not include any assault weapons designated in California Penal Code Section 12276;

(C)    A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which:

(1)    Uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum safe permissible breech pressures below 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute, and

(2)    Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute, and

(3)    Is not originally equipped by the manufacturer with a nondetachable trigger guard, or

(4)    If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame,

(5)    For purposes of this subsection, “action mechanism” shall mean the mechanism of a firearm by which it is loaded, locked, fired and unloaded, commonly known as the cycle of operation. [Ord. 4432 § 1, 1996].

7.90.040 Exclusions.

The term “Saturday night special” does not include any of the following:

(A)    Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of subsection (b) of California Penal Code Section 12020; or

(B)    Any pistol of which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion; or

(C)    Children’s pop guns or toys; or

(D)    An “unconventional pistol” as defined in California Penal Code Section 12020(c)(12); or

(E)    Any pistol which has been modified to either: render it permanently inoperable, or permanently to make it a device no longer classified as a Saturday night special. [Ord. 4432 § 1, 1996].

7.90.050 Roster of Saturday night specials.

On or before January 1, 1997, the Sheriff or his/her designee shall compile, publish and thereafter maintain a roster of Saturday night specials. The roster shall list those firearms, by manufacturer and model number, which the Sheriff or his/her designee determines fit the definition of “Saturday night special” set forth in SCCC 7.90.030. [Ord. 4432 § 1, 1996].

7.90.060 Notifications.

Upon completion of a list of firearms to be placed on the roster for the first time, the Sheriff or his/her designee shall endeavor to send written notification to: (1) the manufacturer of every firearm on the list; and (2) every dealer within the County who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. Such notification shall do the following:

(A)    Identify the model number of the firearm which has been classified as a Saturday night special within the meaning of SCCC 7.90.030; and

(B)    Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday night special; and

(C)    Advise the recipient that the burden of proving that a firearm does not constitute a Saturday night special within the meaning of SCCC 7.90.030 shall be on the recipient. [Ord. 4432 § 1, 1996].

7.90.070 Reconsideration by the Sheriff.

(A)    The Sheriff or his/her designee shall, prior to the effective date of the ordinance codified in this chapter, establish standards and procedures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Sheriff or his/her designee to classify the firearm in question as a “Saturday night special” as defined in SCCC 7.90.030.

(B)    Upon timely filing of one or more complete applications for reconsideration, the Sheriff or his/her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday night special within the meaning of SCCC 7.90.030. [Ord. 4432 § 1, 1996].

7.90.080 Appeal of classification.

(A)    If the Sheriff or his/her designee determines that the firearm under reconsideration has been properly classified as a Saturday night special, then the applicant(s) shall have the right to appeal such decisions to the County Administrative Officer, and the applicant(s) shall have the right to a hearing before the County Administrative Officer or his/her designee prior to inclusion of the firearm in question on the roster.

(B)    The County Administrative Officer or his/her designee is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Sheriff or his/her designee to classify the firearm in question as a “Saturday night special” as defined in SCCC 7.90.030.

(C)    The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday night special within the meaning of SCCC 7.90.030.

(D)    All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.

(E)    The County Administrative Officer or his/her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the County Administrative Officer or his/her designee shall, based on the evidence presented, determine whether the firearm constitutes a Saturday night special within the meaning of SCCC 7.90.030.

(F)    In all instances, the decision of the County Administrative Officer or his/her designee whether to classify the firearm in question as a “Saturday night special” as defined in SCCC 7.90.030 and to place the firearm on the roster is final. [Ord. 4432 § 1, 1996].

7.90.090 Publication of the roster.

The Sheriff or his/her designee shall place on the roster those firearms which have been determined to constitute a Saturday night special within the meaning of SCCC 7.90.030. The Sheriff or his/her designee shall cause the roster to be published in the following manner:

(A)    Notification of the roster’s completion shall be published at least once in the official newspaper as designated by the County and circulated in the County within 15 days after its completion; and

(B)    A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the Clerk of the Board of the County of Santa Cruz; and

(C)    A copy of the roster, certified as a true and correct copy thereof, shall be distributed to every dealer within the County who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. [Ord. 4432 § 1, 1996].

7.90.100 Effective date of roster.

The roster shall become effective on the fifteenth day after its publication. [Ord. 4432 § 1, 1996].

7.90.110 Additions to the roster.

Additions to the roster shall be made in accordance with the following:

(A)    Semi-Annual Determination. On a semi-annual basis, the Sheriff or his/her designee shall determine the need to place firearms on the roster. Upon identifying one or more firearms as a Saturday night special, the Sheriff or his/her designee shall prepare a draft list of the additions to the roster.

(B)    Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the Sheriff or his/her designee shall endeavor to send written notification in accordance with the aforementioned provisions of SCCC 7.90.060.

(C)    Reconsideration by the Sheriff. Any person who the Sheriff or his/her designee notifies pursuant to subsection (B) of this section may apply for reconsideration of the classification of that firearm as a Saturday night special in accordance with the provisions of SCCC 7.90.070.

(D)    Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night special after reconsideration, the applicant may file an appeal to the County Administrative Officer and the County Administrative Officer or his/her designee shall hold a hearing in accordance with the provisions of SCCC 7.90.080.

(E)    Additions to Firearms to Roster. The addition of new firearms to the roster shall not operate to preclude the enforcement of the roster with respect to firearms previously listed thereon. The publication of the roster, as amended to include new firearms, shall be effective as to those newly added firearms on the fifteenth day after its publication as set forth in SCCC 7.90.090. [Ord. 4432 § 1, 1996].

7.90.120 Sale prohibited.

After January 1, 1997, no wholesale or retail firearms dealer licensed pursuant to California Penal Code Section 12071 shall sell, offer or display for sale, give, lend or transfer ownership of any firearm listed on the roster of Saturday night specials. This section shall not preclude a wholesale or retail gun dealer from processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the Penal Code of the State of California. [Ord. 4432 § 1, 1996].

7.90.130 Exemptions.

Nothing in this chapter relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor to persons who are authorized by the United States Federal Government for use in the performance of their official duties; nor shall anything in this chapter prohibit the use of any firearm by the above-mentioned persons in the performance of their official duties. [Ord. 4432 § 1, 1996].

7.90.140 Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly. [Ord. 4432 § 1, 1996].

7.90.150 Severability and validity.

This chapter shall be enforced to the full extent of the authority of the County of Santa Cruz. If any section, subsection, paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the County of Santa Cruz, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this chapter shall be deemed severable. [Ord. 4432 § 1, 1996].