Ordinance - 1980ORDINANCE NO. 1980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADDING WEST COVINA
MUNICIPAL CODE SECTION 15-32, CHAPTER 15.
ARTICLE II - "FIREARMS" PROHIBITING "SATURDAY
NIGHT SPECIALS" AS DEFINED THEREIN
WHEREAS, the City Council of the City of West Covina finds
that handgun violence within the City is increasing, especially
crimes utilizing poor quality firearms which harm victims and
aggressors;
WHEREAS, the Federal Gun Control Act of 1968 prohibits the
importation of poorly made handguns, but does not ban their
manufacture and sale in the United States; and
, WHEREAS, the City Council of the City of West Covina finds
that, in,recent.years,- firearms manufacturers have made marginal
advancements in the durability of those handguns commonly known as
"Saturday Night Specials," which include: carbon steel breech face
inserts; solid waste barrel tubes; a greater number of steel
linings incorporated in soft castings; and cast stainless steel for
revolver frames, pistol receivers and semi -automatic slides; and
WHEREAS, the City Council of the'City of West Covina finds
that, in recent years, firearms manufacturers have grafted
improvised safety devices onto the core designs of those handguns
commonly known as Saturday Night Specials, which include: simple
(and fragile) half-cock hammer notches in derringers and single-
action revolvers, manual pistol slide locks; rudimentary hammer or
trigger locks that act by simple interference; and crude grip
safety levers; and
WHEREAS, the City Council of the City of West Covina finds
that such cosmetic remodeling by firearms manufacturers does not
ameliorate the core design deficiencies of Saturday Night Special
handguns and further finds that Saturday Night Special handguns
continue to be dangerous products due to their low quality of
manufacture and metallurgy, so as to be unacceptable in commerce;
and
WHEREAS, the City Council of the City of West Covina finds
that a firearm's frame, barrel, breech block, cylinder and action
slide must be completely fabricated of heat treated carbon steel,
forged alloy or other material of equal or higher tensile strength
in order to reliably contain the weapon's ballistic power and
further finds that any firearm in which all of these components do
not meet this standard is an inherently unsafe product; and
WHEREAS, the City Council of the City of West Covina finds
that firearms manufacturers have increased the ballistic power of
many semi -automatic pistols by chambering them to fire high
pressure ammunition and that some manufacturers have not
incorporated the safety mechanisms necessary to contain the peak
pressures generated by such ballistic power and to prevent parts
breakage from over stress; and
WHEREAS, the City Council of the City of West Covina finds
that the action mechanism contained in many currently produced
derringers and single-action revolvers is based upon century -old
designs and that such firearms are frequently chambered for high
pressure ammunition, resulting in a ballistic power package which
exceeds the pressure levels originally intended for the action
mechanism from which theirs is derived; and
WHEREAS, for all these reasons, the City Council of the City
of West Covina also finds such weapons are unsafe and cause health,
safety and welfare problems for the residents of West Covina.
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NOW, THEREFORE, the City Council of the City of West Covina,
California hereby ordains as follows:
Section 1. Section 15-32 is added to the West Covina
Municipal Code to read as follows:
Section 15-32. Saturday Night Specials - Sale Prohibited.
A. Definition. Except as excluded by subsection B
herein, the term "Saturday Night Special," as used
in this Section shall mean any of the following:
1. 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
nor completely fabricated of heat treated
carbon steel, forged alloy or other material
of equal or higher tensile strength.
2. a semi automatic pistol which:
a. is not originally equipped by the
manufacturer with a locked -breach action;
and
b. is chambered for cartridges developing
maximum permissible breech pressures
above 24,100 Copper Units of Pressure as
standardized by the Sporting Arms and
Ammunition Manufactures Institute.
C. For purpose of this subsection (2),
"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
weapon designated in California Penal
Code Section 12276.
3. 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:
a. uses an action mechanism which is
substantially identical in design to any
action mechanism manufactured in or
before 1898 that.was originally chambered
for rimf ire ammunition developing maximum
permissible breech pressures below 19,000
Copper Units of Pressure as standardized
by the Sporting Arms and Ammunition
Manufactures Institute; and
b. 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
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C. is not originally equipped by the
manufacturer with a nondetachable safety
.guard surrounding the trigger; or
d. if rimfire, is equipped with a barrel of
less than 2- bore diameters in overall
length protruding from the frame.
e. For purpose of this subsection (3),
"action mechanism" shall mean the
mechanism of a firearm by which it is
loaded, locked, fired and unloaded.
4. Those firearms listed below:
a. Semi -Automatic Pistols
Accu-tek: AT-9SS; AT-40SS; AT-45SS
Bryco: 28; 48; 59
Davis: p-380
Hi -Point Firearms: JS-9MM; JS-40;
JS-9MM Compact; Iberia
Intratec: Protec-22; Protec-25
Intratec: Category 9
Jennings: J-22; J-25
Lorcin: L-9MM; L-22; L-25; LT-25; L-32; L-380
Phoenix Arms: Raven 25; HP22; HP25
Sundance: Boa: A-25
b. , Double -Action Revolvers
E.A.A. Standard Grade Revolvers
(except in caliber 357 Magnum)
FIE Arminius and Titan Models
Heritage Sentry Revolvers
C. Single -Action Revolvers
North American: Mini -Revolvers;
Mini -Master; Black Widow Revolver
d. Derringers
American Derringer: 1; 4; 6; 7; 1Q; 11
American Derringer: Lady Model; Alaskan
Survival; Texas Commemorative; DA 38.
Davis: Standard Model Derringers;
Long -Bore Derringers;
D-Series Derringers
Feather Guardian Angel Pistols
HJS: Frontier Four; Antigua
New Advantage 22WMR Derringer
Sundance: Point Black Derringer
Texas Armory: Defender Derringer
B. Exclusions. The term "Saturday Night Special" does not
include any of the following: .
1. 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
2. Any pistol for 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.
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3. Children's pop guns or toys; or
4. An "unconventional pistol" as defined in California
Penal Code Section 12020(c) (12); or
S. Any pistol which has been modified to either render
it permanently inoperable or permanently to make it
a devise no longer classified as a "Saturday Night
Special.."
C. Sale Prohibited. No wholesale or retail gun dealer
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 sun dealer from processing
firearm transactions between unlicensed parties pursuant
to Section 12072 (d) of the Penal Code of the State of
California. This section shall not be enforced until the
Roster of Saturday Night Specials has been completed and
published in accordance with sections (C) and (D).
D. Exemptions. Nothing in this Section shall prohibit the
disposition of,any Saturday Night Special by police
departments, Sheriff's offices, marshal's offices, the
California Highway Patrol, other local, state and federal
law enforcement agencies, or the military and naval
forces of this State or the United States for use in the
discharge of their official duties; nor shall anything. in
this Section prohibit the use of any Saturday Night
Special by regular, salaried, full-time officers,
employees or agents thereof when on duty and the use of
such firearms is within the scope of their duties.
Section 2. Severability. Should any portion of this
ordinance be determined to be illegal or unenforceable by 'a court
of final jurisdiction, the City Council finds the ordinacne would
have been adopted without that portion.
Section 3. Effective Date. This ordinance shall become
effective thirty (30) days from the date of its adoption.
1996PASSED, APPROVED AND ADOPTED this 3rd day of December ,
.
MAYOR
ATTEST:
CITY CLERK
I hereby certify that the foregoing ordinance was duly adopted by
the City Council of the City of West Covina at a regular meeting
thereof held on the 3rd day of December 1996, by the
following vote of the Council: —
AYES: Herfert, Manners, Wong
NOES: McFadden, Touhey
ABS ENT : None
APPROVED AS TO FORM:
CITVATTORNEY
CITY CLERK
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