01-08-2002 - Repeal of Saturday Night Special OrdinanceCity of West Covina
Memorii ndum
AGENDA
TO: Andrew G. Pasmant, City Manager
and City Council ITEM NO. C — 6c
FROM: Artie A. Fields, Assistant City Manager DATE January 8, 2002
SUBJECT: REPEAL OF SATURDAY NIGHT SPECIAL ORDINANCE
SUMMARY: As a result of the passage of SB-15 and a request from the California Rifle and
Pistol Association, the City Attorney has recommended that City staff ;prepare an
ordinance to repeal Section 15-32 of the . West Covina Municipal Code,
(Prohibiting the sale of "Saturday Night Specials"). 1I
BACKGROUND:
In November 1996, the City Council adopted an ordinance to prohibit the sale of certain firearms,
commonly known as "Saturday Night Specials," within the City of West Covina. Thee ordinance
prohibited the sale, gift, lending, or transfer of ownership of "Saturday Night Specials," by any
wholesale or retail gun dealer within the City of West Covina.
The adoption of the Saturday Night Specials ordinance and other similar ordinances were utilized
by many municipalities to demonstrate their united position on this issue and encourage the State
of California to adopt comprehensive legislation in this area.
DISCUSSION:
The City Council adopted the "Saturday Night Specials" ordinance at a time when there were no
State or Federal legislation regulating the sale of "Saturday Night Specials" or "junk Tns." The
City of West Covina joined a number of other Cities and Counties across the State adopting
regulatory ordinances regarding "Saturday Night Specials." The cumulative effect of the passage
of these ordinances was to cause the State Legislature to deal with the issue, and inl 1999, the
State passed SB-15 (Penal Code § 12125, et. Seq.), which regulates "unsafe handguns." This
State law took effect on January 1, 2001. Before the adoption of SB-15, cities and counties were
successful in passing ordinances because the State of California had not pre-empted this area of
regulation. However, with the passage of SB-15, the State of California has pre-empted this area
of law.
After the passage of SB-15, most cities and counties that adopted "Saturday Night Special"
ordinances have either repealed or are in the process of repealing their ordinances. This includes
the City of West Hollywood, whose ordinance the City of West Covina's and most of the other
municipalities patterned their ordinances after and who led the fight in court to have the right to
pass such an ordinance.
The City of West Covina has received a request from the California Rifle and Pistol Association,
through its legal representative, to repeal the aforementioned ordinance. This request is what has
prompted staff to bring this matter to you at this time.
The West Covina "Saturday Night Special" ordinance has served its purpose. By passing this
ordinance, the City of West Covina joined other municipalities in encouraging the State to adopt
comprehensive legislation in this area. It is now time to remove the ordinance from the books,
since the California Law does now pre-empt the field of "Junk Gun' regulation. The advantage
of repealing this ordinance for the City is two fold: 1) It eliminates confusion for the Police
Department in enforcing the law, due to inconsistencies between the State and local law and, 2) it
will avoid the threat of potential litigation from firearm associations that are seeking to eliminate
pre-empted gun controls laws. 11
RECOMMENDATION
It is recommended that the City Co cil introduce e following ordinance repealing Section 15-.
32 of the West. Covina Municipal Code pro 1 iting the sale of Saturday Night Specials:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA REPEALING
SECTION 15-32 OF ARTICLE II OF CHAPTER 15 OFF
THE WEST COVINA MUNICIPAL CODE PROHIBITING
THE SALE OF SATURDAY NIGHT SPECIALS.
Prepared by:
Chris Freeland
Administrative Analyst H
Approve:
Artie Fi �—J
Assistant Chy Manager
VIA FACSIMILE
Arnold Alvarez-Glasman
City Attorney
Frank Wills
Police Chief