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Form a Business

[Firearms and Ammunition]

SF-POLICE art. 9, pt. [Firearms and Ammunition]
in effect

SF Police Code § 613 REGULATING SALE OF FIREARMS.

SEC. 613. REGULATING SALE OF FIREARMS. It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component to sell, lease or otherwise transfer any firearm, firearms ammunition or firearms ammunition component without first having obtained a license from the San Francisco Police Department. The Department shall make available application forms requiring applicants to provide the information set forth in Section 613.2, and shall collect a nonrefundable application fee from each applicant. The Chief of Police shall recommend to the Board of Supervisors, on or before April 1, 1994, a fee which shall be sufficient to recover all costs associated with regulating the sale of firearms under this Article, including but not limited to, processing applications, monitoring licensees, and enforcing the provisions of this Article. The fee shall be set by the Board of Supervisors. (Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.1 DEFINITIONS.

SEC. 613.1. DEFINITIONS. (a) "Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion. (b) "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellent or explosive charge, and a primer which is used in the operation of a firearm. (c) "Firearm ammunition component" shall mean any cartridge or encasement, bullet or projectile, primer or propellent or explosive material used in the manufacture of ammunition. (d) "Firearm capable of being concealed upon the person" shall mean any such firearm as defined in California Penal Code Section 12001(a). (e) "Transfer" shall include, but shall not be limited to, the redemption of a pawned or pledged firearm by any individual including the individual who pawned or pledged the firearm. (f) "Ultracompact firearm" shall mean any pistol, revolver, handgun or other firearm that is 6.75 inches or less in length or 4.5 inches or less in height, measured with the magazine detached, but shall not include any such firearm that is an unsafe handgun defined by Section 12126 of the California Penal Code. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 225-96, App. 6/7/96; Ord. 283-96, App. 7/3/96, Eff. 1/1/97; Ord. 131-99, File No. 990493, App. 5/28/99; Ord. 62-00, File No. 000197, App. 4/14/2000; Ord. 242-00, File No. 000950, App. 10/27/2000; Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.2 APPLICATION FORM AND BACKGROUND CHECK REQUIREMENTS.

SEC. 613.2. APPLICATION FORM AND BACKGROUND CHECK REQUIREMENTS. (a) The application for a license to engage in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component shall be signed under penalty of perjury and shall set forth: (1) The name, age and address of the applicant, as well as the name, age and address of all persons who will have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and or supervisors, if any; (2) The address of the location for which the license is required, together with the business name of such location, if any; (3) All convictions of the applicant for any of the offenses listed in Section 613.3(e); (4) All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from other jurisdictions, including, but not limited to date of application and whether each such application resulted in issuance of a license; (5) All information relating to revocations of licenses or permits relating to firearms, including but not limited to date and circumstances of revocation; (6) Applicant's agreement to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the applicant's negligence or intentional or wilful misconduct; (7) Applicant's understanding that the City shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, provisions of this Article, and all other applicable federal, state, and local laws. (b) Each application must be accompanied by evidence that the applicant has satisfied the insurance requirements stated in Section 613.13 of this Article. (c) All persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components shall obtain a certificate of eligibility under Penal Code Section 12071 from the state Department of Justice. A copy of the certificate of eligibility for each such person shall be submitted with the application. (d) The Chief of Police shall conduct a criminal history background check on the applicant and on all other persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and/or supervisors, if any, and shall determine whether such persons have been convicted of any offenses described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3. Where the Chief of Police determines that one or more of the applicants, employees, agents or supervisors have been convicted of an offense described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3, the applicant shall have 21 days from the mailing of written notification from the Chief of Police to provide evidence in a form acceptable to the Chief of Police that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components. In the event that an applicant fails to comply with this subsection, the Chief of Police shall deny the license. (e) As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components. (Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.3 DENIAL OF LICENSE.

SEC. 613.3. DENIAL OF LICENSE. The Chief of Police shall deny the issuance or renewal of a license when any of the following conditions exist: (a) The applicant is under the age of 21 years. (b) The applicant is not licensed as required by all applicable federal, State and local laws. (c) The applicant has had a firearms license previously revoked or denied for good cause within the immediately preceding two years. (d) The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the application for a license. If a license is denied on this ground, the applicant shall be prohibited from reapplying for a license for a period of two years. (e) The applicant has been convicted of: (1) Any offense so as to disqualify the applicant from owning or possessing a firearm under applicable federal, State, and local laws, including but not limited to the offenses listed in California Penal Code Section 12021; (2) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or deadly weapon; (3) Any offense involving the use of force or violence upon the person of another; (4) Any offense involving theft, fraud, dishonesty, or deceit, including but not limited to any of the offenses listed in Title 7 (Crimes Against Public Justice) and title 13, Chapters 4 (Forgery and Counterfeiting), 5 (Larceny), 6 (Embezzlement), 7 (Extortion), 8 (False Personation), 13 and 14 (Fraud) of the California Penal Code; (5) Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read. (f) The applicant is within the classes of persons defined in California Welfare and Institutions Code Sections 8100 or 8103. (g) The applicant is (1) currently, or has been within the past two years, an unlawful user of any controlled substance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read; or (2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms. (h) The operation of the business as proposed would not comply with all applicable federal, State, and local laws. (i) The applicant, or an officer, employee, or agent thereof, proposes to operate in the following locations: (1) Within any RH, RM, RC, NC or RED zoning district, or within 1,000 feet of the exterior limits of any such district; (2) Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary, junior high or high school whether public or private; (3) On or within 1,500 feet of the exterior limits of any other premises used as a place of business by a dealer in firearms; (4) Within 1,000 feet of a community center, church, neighborhood center, recreational center, whether public or private, where regularly scheduled activities are conducted for people under 18 years of age. (j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted. (k) Any other ground for denial exists under any applicable provision of federal, State or local law. (l) The applicant fails to comply with the requirements of subsections (c) or (d) of Section 613.2. As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 322-96, App. 8/8/96; Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.4 REFERRAL OF APPLICATION TO OTHER DEPARTMENTS.

SEC. 613.4. REFERRAL OF APPLICATION TO OTHER DEPARTMENTS. Upon receiving an application that is not rejected for one of the reasons stated in Section 613.3, the Police Department shall refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department, which departments shall inspect the premises to be used for the sale of concealable firearms and shall report to the Police Department concerning compliance with the codes they administer, and compliance with this Article. (Added by Ord. 161-75, App. 4/23/75; amended by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.5 PUBLIC HEARING BEFORE ISSUANCE OF LICENSE.

SEC. 613.5. PUBLIC HEARING BEFORE ISSUANCE OF LICENSE. When an application is filed for a license under this Article, and the application is not denied for one of the reasons stated in Section 613.3, the Police Department shall fix a time and place for a public hearing regarding the application. Not less than 10 days before the date of such hearing, the Police Department shall cause to be posted a notice of such hearing in a conspicuous place on the property in which the proposed business is to be operated and the applicant shall maintain said notice as posted until the day following the hearing. (Added by Ord. 161-75, App. 4/23/75; amended by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.6 FORM OF LICENSE.

SEC. 613.6. FORM OF LICENSE. All licenses issued pursuant to this Article shall be in the form prescribed by the Attorney General of the State of California. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.7 DURATION AND RENEWAL OF LICENSES.

SEC. 613.7. DURATION AND RENEWAL OF LICENSES. All licenses issued pursuant to this Article shall expire one year after the date of issuance; provided, however, that such licenses may be renewed by the Chief of Police for additional periods of one year upon the approval of an application for renewal by the Chief of Police and payment of the renewal fee. Such renewal application shall set forth the information listed in Section 613.2 and must be received by the Chief of Police, in completed form, no later than 45 days prior to the expiration of the current license. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.8 NONASSIGNABILITY OF LICENSE.

SEC. 613.8. NONASSIGNABILITY OF LICENSE. The assignment or attempt to assign any license issued pursuant to this Article is unlawful and any such assignment or attempt to assign a license shall render the license null and void. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.9 SECURITY.

SEC. 613.9. SECURITY. In order to discourage the theft of firearms stored on the premises of a firearms dealer, each business licensed under this Article must adhere to security measures as required by the Chief of Police. Security measures shall include but not be limited to: (a) Provision of secure locks, windows and doors, adequate lighting, and alarms as specified by the Chief of Police; (b) Storage of all firearms on the premises out of the reach of customers in secure, locked facilities, so that access to firearms shall be controlled by the dealer or employees of the dealer, to the exclusion of all others. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.9.5 FINDINGS.

SEC. 613.9.5. FINDINGS. 1. "Enhanced-lethality ammunition" means the ammunition that licensees may not sell, lease or otherwise transfer under Police Code Sec. 613.10(g). 2. Enhanced-lethality ammunition is designed to tear larger wounds in the body by flattening and increasing in diameter on impact and/or exploding and dispersing shrapnel throughout the body. These design features increase the likelihood that the bullet will hit a major artery or organ, that it will take a more circuitous path through the body to create more widespread damage, and that it will release all of its propulsive force inside the body to cause maximum injury. Accordingly, enhanced-lethality ammunition is more likely to cause severe injury and death than is conventional ammunition that does not flatten or fragment upon impact. 3. Enhanced-lethality ammunition has been used in shooting massacres both in San Francisco and abroad. On July 1, 1993, heavily armed gunman Gian Luigi Ferri shot and killed eight people, then himself, in the 101 California Street high-rise in San Francisco using hollow-point bullets. Most recently, on July 24, 2011, Anders Behring Breivik used lethality-enhanced bullets designed to fragment inside the body and cause maximum internal damage to kill and grievously wound dozens of children at a youth camp in Norway. 4. Banning the sale of enhanced-lethality ammunition in San Francisco does not substantially burden the right of self defense. The right to use firearms in self defense can be fully exercised using conventional, non-collapsing, non-fragmenting ammunition. Enhanced-lethality ammunition is not in general use, and this unusually injurious ammunition has been banned outside the United States. For example, the Hague Convention of 1899, Declaration III, has for more than a century prohibited the use in warfare of bullets that easily expand or flatten in the body. 5. Personal firearms kept in the home are more likely to be used against family and friends than intruders. Home firearms may also be used in suicide attempts, accidental shootings and criminal assaults. 6. The City and County of San Francisco has a legitimate, important and compelling governmental interest in reducing the likelihood that shooting victims in San Francisco will die of their injuries by reducing the lethality of the ammunition sold and used in the City and County of San Francisco. (Added by Ord. 206-11 , File No. 110901, App. 10/11/2011, Eff. 11/10/2011)

SF Police Code § 613.10 LICENSE - CONDITIONS.

SEC. 613.10. LICENSE - CONDITIONS. In addition to all other requirements and conditions stated in Sections 613-619, each license shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the license by the Chief of Police: (a) The business shall be carried on only in the building located at the street address shown on the license, except as otherwise authorized under Section 12071(b)(1) of the California Penal Code. (b) The licensee shall comply with Sections 12073, 12074, 12076, 12077 and 12082 of the California Penal Code, to the extent that the provisions remain in effect. (c) The licensee shall not deliver any pistol or revolver to a purchaser earlier than 10 days after the application for the purchase, lease or transfer, unless otherwise provided by State or federal law. (d) The licensee shall not deliver any firearm to a purchaser, lessee or other transferee unless the firearm is unloaded and securely wrapped or unloaded in a locked container. (e) The licensee shall not deliver any firearm, firearm ammunition, or firearm ammunition component to a purchaser, lessee or other transferee unless the purchaser, lessee or other transferee presents clear evidence of his or her identity and age to the seller. As used in this Section, "clear evidence of his or her identity and age" includes, but is not limited to, a motor vehicle operator's license, a State identification card, an armed forces identification card, an employment identification card which contains the bearer's signature and photograph, or any similar documentation which provides the seller reasonable assurance of the identity and age of the purchaser. (f) The licensee shall not display in any part of the premises where it can be readily seen from outside the premises, any firearm, firearm ammunition or imitation thereof, or placard advertising the sale or other transfer thereof, other than a sign identifying the name of the business. (g) The licensee shall not sell, lease or otherwise transfer to any person any ammunition that: (1) Serves no sporting purpose; (2) Is designed to expand upon impact and utilize the jacket, shot or materials embedded within the jacket or shot to project or disperse barbs or other objects that are intended to increase the damage to a human body or other target (including, but not limited to, Winchester Black Talon, Speer Gold Dot, Federal Hydra-Shok, Hornady XTP, Eldorado Starfire, Hollow Point Ammunition and Remington Golden Sabre ammunition; or (3) Is designed to fragment upon impact (including, but not limited to, Black Rhino bullets and Glaser Safety Slugs). This subsection does not apply to conventional hollow-point ammunition with a solid lead core when the purchase is made for official law enforcement purposes and the purchaser is authorized to make such a purchase by the director of a public law enforcement agency such as the Chief of the San Francisco Police Department or the Sheriff of the City and County of San Francisco. (h) The licensee shall post within the licensee's premises a notice stating the following: "THE CALIFORNIA PENAL CODE PROHIBITS THE SALE OF FIREARMS OR FIREARMS AMMUNITION TO PERSONS UNDER THE AGE OF 18, AND FURTHER GENERALLY PROHIBITS THE SALE OF A PISTOL, REVOLVER, OR FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON TO ANY PERSON UNDER THE AGE OF 21." The posted notice shall be in a conspicuous location, shall be in 36 point type block letters in black ink on a white background, and shall be located so that the notice can easily and clearly be seen by all prospective purchasers of firearms and firearm ammunition. (i) The licensee shall not sell, lease or otherwise transfer any ultracompact firearm except as authorized by Section 613.10-2 or any 50 caliber firearm or 50 caliber cartridge except as authorized by Section 613.10-1. (j) Any license issued pursuant to this Article shall be subject to such additional conditions as the Chief of Police finds are reasonably related to the purpose of this Article. (k) The licensee shall comply with the requirements of Section 613.10-3 and shall, in addition, post the appropriate notice or notices, as specified below, in a conspicuous location at the entrance of the licensee's premises (or at the entrance to the separate room or, enclosure pursuant to Section 613.10-3(c)). Such notice shall be in 36 point type block letters in black ink on a white background. (1) Licensees that sell, lease or otherwise transfer firearms, other than firearms capable of being concealed on the person, shall post a notice at the entrance to the premises (or at the entrance to the separate room or enclosure pursuant to Section 613.10-3(c)) stating the following: "THE SAN FRANCISCO POLICE CODE REQUIRES THAT FIREARMS DEALERS PROHIBIT ENTRY BY PERSONS UNDER AGE 18, AND FURTHER PROHIBITS ENTRY BY (1) PERSONS CONVICTED OF A VIOLENT OFFENSE WHO ARE PROHIBITED FROM POSSESSING FIREARMS PURSUANT TO CALIFORNIA PENAL CODE SECTIONS 12021 OR 12021.1; AND (2) PERSONS WHO ARE CURRENTLY PROHIBITED FROM POSSESSING FIREARMS BECAUSE THEY HAVE BEEN ADJUDICATED AS MENTALLY DISORDERED, NOT GUILTY BY REASON OF INSANITY OR INCOMPETENT TO STAND TRIAL." (2) Licensees that sell, lease or otherwise transfer firearms capable of being concealed on the person shall post a notice at the entrance to the premises (or at the entrance to the separate room or enclosure containing such firearms pursuant to Section 613.10-3(c)) stating the following: "THE SAN FRANCISCO POLICE CODE REQUIRES THAT FIREARMS DEALERS PROHIBIT ENTRY BY PERSONS UNDER AGE 21, AND FURTHER PROHIBITS ENTRY BY (1) PERSONS CONVICTED OF A VIOLENT OFFENSE WHO ARE PROHIBITED FROM POSSESSING FIREARMS PURSUANT TO CALIFORNIA PENAL CODE SECTIONS 12021 OR 12021.1; AND (2) PERSONS WHO ARE CURRENTLY PROHIBITED FROM POSSESSING FIREARMS BECAUSE THEY HAVE BEEN ADJUDICATED AS MENTALLY DISORDERED, NOT GUILTY BY REASON OF INSANITY OR INCOMPETENT TO STAND TRIAL." (3) Licensees that sell, lease or otherwise transfer firearms capable of being concealed on the person, but who keep such firearms in a separate room or enclosure in accordance with Section 613.10-3(c) shall post the notice required by paragraph (1) at the entrance to the premises or separate room or enclosure containing firearms that are not capable of being concealed on the person, and shall post the notice required by paragraph (2) at the entrance to the separate room or enclosure containing firearms capable of being concealed on the person. (l) The licensee shall notify the Chief of Police of the name, age and address of, and submit a certificate of eligibility under Penal Code Section 12071 from the State Department of Justice for, any person not listed on the licensee's application under Section 613.2(a)(1) who will be given access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components. The licensee shall submit the required information and certificate within 10 days of such person being employed or otherwise being given access to, or control over workplace firearms, firearm ammunition, or firearm ammunition components. (m) Within the first five business days of April and October of each year, licensees shall cause a physical inventory to be taken that includes a listing of each firearm held by the licensee by make, model, and serial number, together with a listing of each firearm the licensee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13). Licensees shall maintain a copy of the inventory on the premises for which the license was issued. Immediately upon completion of the inventory, licensees shall forward a copy of the inventory to the address specified by the Chief of Police, by such means as specified by the Chief of Police. With each copy of the inventory, licensees shall include an affidavit signed by the licensee (or, if the licensee is not a natural person, by an officer, general manager, or other principal of the licensee) stating under penalty of perjury that within the first five business days of that April or October, as the case may be, the signer personally confirmed the presence of the firearms reported on the inventory. (n) At or prior to the time of delivering a firearm, licensees shall provide the person buying, leasing, or receiving the loan of the firearm with a copy of a notice, to be prepared by the Chief of Police, advising the reader of local firearms laws, including safe gun storage requirements and the requirement to report a lost or stolen firearm. The notice may also include summary information on relevant State firearms laws, including the requirement that the sale, loan or other transfer of a firearm to a non-licensed person be completed through a licensed firearms dealer. (o) Licensee shall ensure that its business location is monitored by a video surveillance system that meets the following requirements: (1) The system shall include cameras, monitors, digital video recorders, and cabling, if necessary to meet any of the other requirements listed below. (2) The number and location of the cameras are subject to the approval of the Chief of Police or his or her designee. The cameras shall be sufficient in number and location to monitor all places where firearms or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, counters, safes, vaults, cabinets, shelves, cases, and entryways. The video surveillance system shall operate continuously, without interruption, whenever the licensee is open for business. Whenever the licensee is not open for business, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area. (3) The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. (4) When recording, the video surveillance system shall record continuously and store color images of the monitored area at a frequency of not less than 15 frames per second. The system shall produce retrievable and identifiable images and video recordings on media approved by the Chief of Police or his or her designee that can be enlarged through projection or other means, and can be made a permanent record for use in a criminal investigation. The system shall be capable of delineating on playback the activity and physical features of persons or areas where guns and ammunition are stored and handled within the premises. (5) The stored images shall be maintained on the business premises of the licensee tor a period not less than one year from the date of recordation and shall be made available to federal, state, or local law enforcement agencies upon service of a search warrant. Law enforcement agencies may only use images thus obtained tor legitimate law enforcement purposes. (6) The video surveillance system shall be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fifteen calendar days. The licensee shall inspect the system at least weekly to ensure that it is operational and images are being recorded and retained as required. The licensee shall notify the Chief of Police or his or her designee that the system has become inoperable as soon as practicable after discovering inoperability. The licensee shall allow the Chief of Police or his or her designee to inspect the system to ensure operability. (7) The licensee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 290-95, App. 9/1/95; Ord. 225-96, App. 6/11/96; Ord. 283-96, App. 7/3/96, Eff. 1/1/97; Ord. 62-00, File No. 000197, App. 4/14/2000; Ord. 242-00, File No. 000950, App. 10/27/2000; Ord. 260-04, File No. 031932, App. 11/4/2004; Ord. 192-07, File No. 070684, App. 8/1/2007; Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013; Ord. 190-15 , File No. 150912, App. 11/10/2015, Eff. 12/10/2015)

SF Police Code § 613.10-1 SALE OR TRANSFER OF 50 CALIBER FIREARMS AND CARTRIDGES RESTRICTED.

SEC. 613.10-1. SALE OR TRANSFER OF 50 CALIBER FIREARMS AND CARTRIDGES RESTRICTED. (a) Findings. The Board of Supervisors finds as follows: (1) Fifty caliber rifles are military-style firearms, used by armed forces around the world, which combine long range, accuracy and massive power. Fifty caliber rifles are accurate to distances of 1,000 to 2,000 yards (10 to 20 football fields), depending on the skill of the shooter, and can penetrate armored vehicles, disable aircraft and damage industrial targets, such as refineries and hazardous chemical plants. The dangers of these weapons are detailed in "Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, other Foreign and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles," Violence Policy Center (2001). (2) Fifty caliber rifles and ammunition are proliferating on the civilian market in the United States. (3) In a briefing paper dated August 4, 1999, the United States General Accounting Office concluded that 50 caliber rifles have been associated with significant criminal activity, stating "Our investigation revealed that 50 caliber semiautomatic rifles have been linked to domestic and international criminal activity. We have established a nexus to terrorist groups, outlaw motorcycle gangs, international drug cartels, domestic drug dealers, religious cults, militia groups, potential assassins, and violent criminals." (4) California Penal Code Sections 12303.6 and 12304 currently prohibit the sale of destructive devices, defined to include weapons of a caliber greater than 60 caliber and any ammunition therefor. In addition, recognizing the danger posed by 50 caliber rifles, the Legislature recently passed, and the Governor has signed, legislation restricting the sale and transfer and tracking the ownership of, 50 caliber rifles; (5) The City and County of San Francisco has a high concentration of potential targets for terrorist attacks; (6) The firearms industry has recently introduced a 50 caliber handgun, and reports indicate that it is difficult to control and fires with five times the muzzle power of a .357 magnum handgun; (7) A recent analysis of data published by the manufacturer of this 50 caliber handgun and ballistics test data published in American Rifleman magazine indicate that bullets fired from the handgun may be capable of penetrating Type IIIA body armor, the highest grade of concealable body armor normally worn by law enforcement officers in the field. The dangers of these weapons are detailed in "Vest Buster: The .500 Smith & Wesson Magnum-The Gun Industry's Latest Challenge to Law Enforcement Body Armor," Violence Policy Center (2004); (8) Fifty caliber firearms have no legitimate hunting or sporting purpose in the City and County of San Francisco. Further, such firearms are ill-suited for use as a means to defend one's home or property, since they are difficult to control, greatly increase the risk of harm to bystanders, and the firepower greatly exceeds that which is necessary to protect property or homeowners; (9) The Board of Supervisors hereby finds and declares that the uncontrolled proliferation and use of 50 caliber firearms and ammunition poses an unacceptable threat to the health, safety and security of the public. (b) Purpose and Intent. The purpose and intent of this Section is to protect the health, safety, security and general welfare of the citizens of the City and County of San Francisco and the City's law enforcement personnel by reducing the risk of personal injury, death or property damage caused by 50 caliber firearms. Specifically with respect to regulating 50 caliber handguns, it is the purpose and intent of this Section to protect of the citizens of the City and County of San Francisco and the City's law enforcement personnel by reducing the risk of personal injury, death or property damage caused by persons using 50 caliber handguns. It is not the intent of this Section to address the problem of handgun safety, as addressed, for example in Sections 12125 through 12133 of the California Penal Code, or to otherwise regulate 50 caliber handguns based on consumer product safety considerations for the person using the handgun. (c) Definitions. (1) As used in this section, the term "50 caliber firearm" shall mean any firearm, as defined in Section 613.1 of this Article, capable of firing a center-fire 50 caliber cartridge. (2) As used in this section, the term "50 caliber cartridge" shall mean a firearm ammunition cartridge in 50 caliber, either by designation or actual measurement, or any metric equivalent, including but not limited to a .50 BMG cartridge, that is capable of being fired from a centerfire rifle or a handgun. The term "50 caliber cartridge" does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition. (3) As used in this section, the term "rifle" shall mean any firearm that is designed or redesigned, made or remade, and intended to be fired from the shoulder, and which is designed or redesigned, made or remade to use the energy in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term "rifle" shall not include any shotgun. (4) As used in this section, the term "handgun" shall mean any firearm with a barrel less than 16 inches in length. The term "handgun" shall include any pistol, revolver, or concealable firearm as such terms are defined in the California Penal Code. (d) Sale or Transfer of 50 Caliber Firearms and Cartridges Restricted. No person shall sell, give, transfer, offer for sale or display for sale any 50 caliber firearm or 50 caliber cartridge except as authorized by paragraph (e) of this Section. (e) Exceptions. (1) The provisions of Subsection (d) of this Section shall not apply to: (A) the sale or other transfer of a 50 caliber firearm or 50 caliber cartridge which is prohibited under state law, including, but not limited to, the sale or transfer of any assault weapon as defined in the California Penal Code; (B) the sale or other transfer of a 50 caliber firearm which is an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code; (C) the delivery of a 50 caliber firearm to a licensed gunsmith, as defined in California Penal Code Section 12001(r), or to a person licensed pursuant to California Penal Code Section 12071, for purposes of service or repair, or to the return of the firearm to its owner by the gunsmith or the licensee following the completion of service or repairs; (D) the return of a 50 caliber firearm to its owner by a person licensed pursuant to this Article where the firearm was initially delivered to the licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan; or (E) the offer for sale or display in any periodical, solicitation by mail or use of the internet of a 50 caliber firearm or 50 caliber cartridge by any person or entity where the seller or offeror is located outside of the City and County of San Francisco. (F) the loan of an unloaded 50 caliber firearm to a person for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event, provided that such person is in compliance with Section 12081 of the California Penal Code. (2) The provisions of Subsection (d) of this Section shall not apply to the sale or other transfer of a 50 caliber firearm or 50 caliber cartridge where the purchaser or transferee is any of the following: (A) A law enforcement agency; (B) An agency duly authorized to perform law enforcement duties; (C) A state or local correctional facility; (D) A federal law enforcement officer, provided such law enforcement officer is authorized to acquire a 50 caliber firearm and/or 50 caliber cartridges and does so while acting within the course and scope of his or her employment: (E) A person described in Sections 12302 or 12322(a) of the California Penal Code; provided such person is authorized to acquire a 50 caliber firearm and/or 50 caliber cartridges and does so while acting within the course and scope of his or her employment; (F) A person who is properly identified as a full-time paid peace officer as defined in Sections 830.1, 830.2, 830.4, or 830.5 of the California Penal Code, provided such peace officer is authorized to acquire a 50 caliber firearm and/or 50 caliber cartridge and does so while acting within the course and scope of his or her employment; (G) A firearms dealer who has been issued a Federal Firearms License, and who is in compliance with the requirements of Section 12071 of the California Penal Code, (H) A person or entity conducting a transaction described in subdivision (k) of Section 12078 of the California Penal Code: (I) A person acquiring a 50 caliber firearm or 50 caliber cartridge by bequest or intestate succession, or otherwise by operation of law, provided that such firearms or cartridges are transferred to a law enforcement agency or to a person licensed pursuant to California Penal Code Section 12071 within 12 months from the date that the person obtains title; (J) A non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being transferred; (K) A federal, state, or local historical society, museum, or institutional collection that is open to the public; provided that the 50 caliber firearm is used for display purposes, is unloaded, and is secured from unauthorized uses. (f) Penalties. (1) Violation of this Section shall be punishable as a misdemeanor. In addition, in the case of a violation of this section by a firearms dealer licensed under this Article, each violation of this Section shall constitute grounds for suspension or revocation of the licensee's firearms dealer license. (2) Each transaction in violation of this Section shall be deemed a distinct and separate violation. (g) Sunset Provision. If the State of California enacts legislation prohibiting or restricting the sale or transfer of 50 caliber rifles, 50 caliber handguns, or 50 caliber cartridges covered by this section, the requirements of this Section shall be suspended as of the date such legislation goes into effect with respect to any requirements of this Section that apply to the firearms or cartridges prohibited or restricted by state law. If the State of California subsequently repeals any such legislation, the suspension shall expire by operation of law and the previously suspended provisions shall become operative. (Added by Ord. 283-96, App. 7/13/96; amended by Ord. 260-04, File No. 031932, App. 11/4/2004) Editor's note: The provisions of Ord. 283-96 took effect on January 1, 1997.

SF Police Code § 613.10-2 SALE OF ULTRACOMPACT FIREARMS RESTRICTED.

SEC. 613.10-2. SALE OF ULTRACOMPACT FIREARMS RESTRICTED. (a) Findings. The Board of Supervisors finds as follows: (1) A number of other states have enacted legislation to facilitate the issuance of licenses to carry concealed firearms with the result that firearms manufacturers have been designing and marketing ultracompact handguns to respond to the development of the market created by the relaxation of concealed weapons laws in these states. (2) These ultracompact handguns are designed to allow the complete concealment of the weapon on the person. (3) In contrast to those states that have relaxed requirements for issuance of licenses to carry concealed weapons, California has not done so. Moreover, in San Francisco, permits to carry concealed weapons are issued only in very limited circumstances. There are currently fewer than ten individuals authorized by the City to carry concealed weapons. (4) Because concealed weapons permits are rarely issued in San Francisco, any legitimate market for concealable ultracompact handguns is exceedingly small. (5) Ultracompact handguns have no legitimate hunting or sporting purpose, and are ill-suited for use as a means to defend one's home or property, since the short barrel length makes them inherently inaccurate. (6) A national study of weapons confiscated by law enforcement agencies found that a substantial majority of the handguns confiscated have a barrel length of less than three inches. (7) A survey of incarcerated felons found that easy concealment is very often an important consideration in the selection of handguns that are later used to commit crimes. (8) A study of persons in California found that persons whose applications for the purchase of a handgun were denied based on prior criminal activity were more likely to attempt to purchase small, highly concealable handguns than are potential purchasers whose applications were not denied. (9) A study of handgun owners in one state found that 67 percent of felons but just 30 percent of other handgun owners reported owning a handgun with a barrel length of three inches or less. (10) Because there is evidence that criminals prefer smaller, more concealable handguns, and since handguns are used in at least 80 percent of all violent crimes involving firearms in the United States, the public interest is not served by allowing the unregulated sale of easily concealable ultracompact handguns. The concealability of these weapons makes them a high public security and safety risk when owned and carried by individuals unlicensed to carry concealed weapons, particularly in a high-density urban area such as San Francisco. (11) The dangers of ultracompact firearms are further detailed in "Pocket Rockets-The Gun Industry's Sale of Increased Killing Power," Violence Policy Center (2001). (b) Purpose and Intent. The purpose and intent of this Section is to protect the health, safety, and general welfare of the citizens of the City and County of San Francisco by reducing the potential for death or injury to citizens and law enforcement personnel attributable to ultracompact firearms. It is not the intent of this Section to address the problem of handgun safety, as addressed, for example, in Sections 12125 through 12133 of the California Penal Code, or to otherwise regulate ultracompact firearms based on consumer product safety considerations for the person using the firearm. (c) Sale of Ultracompact Firearms Restricted. No person licensed pursuant to this Article shall sell, lease or otherwise transfer any ultracompact firearm except as authorized by paragraph (d) of this Section. Nothing in this section shall preclude any person licensed pursuant to this Article from processing firearms transactions between unlicensed parties pursuant to subdivision (d) of Section 12072 of the Penal Code of the State of California. (d) Exceptions. The requirements of this Section shall not apply to the sale, lease or other transfer of an ultracompact firearm in the following circumstances: (1) To any law enforcement agency; (2) To any agency duly authorized to perform law enforcement duties; (3) To any state or local correctional facility; (4) To a federal law enforcement officer, provided such law enforcement officer is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment; (5) To a private security company licensed to do business in the State of California; (6) To a person described in Sections 12302 or 12322(a) of the California Penal Code, provided such person is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment; (7) To any person who is properly identified as a full-time paid peace officer, as defined in Sections 830.1, 830.2, 830.4, or 830.5 of the California Penal Code, provided such peace officer is authorized to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment. (8) To the sale, lease or other transfer of any antique firearm., as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code. (9) To the loan of an ultracompact firearm to a person for use solely as a prop in a motion picture, television, or video, theatrical or other entertainment production or event, provided that such person is in compliance with Section 12081 of the California Penal Code; (10) To any person or entity conducting a transaction that is exempt from the provisions of subdivision (d) of Section 12072 of the California Penal Code; (11) To any person or entity conducting a transaction described in subdivision (k) of Section 12078 of the California Penal Code; (12) To a firearms dealer who has been issued a Federal Firearms License, and who is in compliance with the requirements of Section 12071 of the California Penal Code; (13) To any person or entity acquiring an ultracompact firearm by bequest, intestate succession or otherwise by operation of law; (14) To a non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being transferred (15) To a federal, state, or local historical society, museum, or institutional collection that is open to the public, provided that the ultracompact firearm is used for display purposes, is unloaded, and is secured from unauthorized use; (16) To the delivery of an ultracompact firearm to a licensed gunsmith, as defined in California Penal Code Section 12001(r), or to a person licensed pursuant to California Penal Code Section 12071, for purposes of service or repair, or to the return of the firearm to its owner by the gunsmith or by licensee following the completion of service or repairs; (17) To the return of an ultracompact firearm to its owner by a person licensed pursuant to this Article where the firearm was initially delivered to the licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan. (e) Penalties. (1) Violation of this section shall be punishable as a misdemeanor. In addition, each violation of this Section shall constitute grounds for suspension or revocation of the licensee's firearms dealer license under this Article. (2) Each transaction in violation of this Section shall be deemed a distinct and separate violation. (Added by Ord. 62-00, File No. 000197, App. 4/14/2000; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.10-3 PERSONS PROHIBITED FROM PURCHASING FIREARMS NOT PERMITTED ON LICENSEES' PREMISES.

SEC. 613.10-3. PERSONS PROHIBITED FROM PURCHASING FIREARMS NOT PERMITTED ON LICENSEES' PREMISES. (a) No person who is prohibited from possessing or purchasing firearms pursuant to California Penal Code Sections 12021 or 12021.1 or Subsections (a), (b), (c) or (d) of California Welfare and Institutions Code Sections 8103 shall enter into any place of business that is licensed pursuant to this Article to engage in the business of selling, leasing or otherwise transferring firearms and which displays the notices required by Section 613.10(k), except in accordance with paragraph (c) of this Section. (b) (1) No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms shall permit the entry onto the premises that are the subject of the license by any person who the licensee knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to California Penal Code Sections 12021 or 12021.1, or Subsections (a), (b), (c) or (d), of California Welfare and Institutions Code Section 8103, except in accordance with paragraph (c) of this Section. (2) No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms shall permit the entry onto the premises that are the subject of the license by any person under 18 years of age except in accordance with paragraph (c) of this section. No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms and who keeps or displays for sale, lease or other transfer firearms capable of being concealed on the person shall permit the entry onto the premises that are the subject of the license by any person under 21 years of age, except in accordance with paragraph (c) of this section. (3) The licensee and any of his or her agents, employees or other persons acting under the licensee's authority shall be responsible for requiring clear evidence of age and identity of persons to prevent the entry of persons not permitted to purchase a firearm under state law by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator's license, a State identification card, an armed forces identification card, or an employment identification card which contains the bearer's signature, photograph, and age, or any similar documentation which provides reasonable assurance of the identity and age of the individual. (c) Exceptions. (1) It shall not be a violation of this section for any person who is otherwise prohibited pursuant to subsection (a) from entering or being present on the premises to enter or be present on the premises if the firearms and related accessories (including, but not limited to, ammunition, ammunition clips and holsters) are kept or displayed within a separate room or enclosure that separates such firearms and related accessories from other merchandise, and such persons are excluded from the separate room or enclosure. (2) It shall not be a violation of this section for any person who the licensee is otherwise required to keep from entering or being present on the premises pursuant to subsection (b) to enter or be present on the premises if the firearms and related accessories (including, but not limited to ammunition, ammunition clips and holsters) are kept or displayed within a separate room or enclosure that separates such firearms and related accessories from other merchandise, and such persons are excluded from the separate room or enclosure. Where a licensee keeps or displays weapons capable of being concealed on the person in a separate roam or enclosure that separates such firearms and related accessories, (including, but not limited to, ammunition, ammunition clips and holsters) from other merchandise (including other firearms), it shall not be a violation of this section for persons at least 18 years old but less than 21 years old to enter or be present on the premises if such persons are excluded from the separate room or enclosure containing firearms capable of being concealed on the person. (d) Penalty for violation. (1) Any person who is prohibited from possessing or purchasing firearms pursuant to California Penal Code Sections 12021 or 12021.1 or Subsections (a), (b), (c) or (d) of California Welfare and Institutions Code Section 8103 and who knowingly enters into any place of business that is licensed pursuant to this Article to engage in the business of selling, leasing or otherwise transferring firearms in violation of subsection (a) shall be guilty of a misdemeanor. (2) Any licensee or other person acting under the authority of a licensee, including, but not limited to, employees or agents of a licensee, who knowingly allows a person to enter the licensee's premises in violation of this section shall be guilty of a misdemeanor. (Added by Ord. 242-00, File No. 000950, App. 10/27/2000; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.11 LICENSE - GROUNDS FOR REVOCATION.

SEC. 613.11. LICENSE - GROUNDS FOR REVOCATION. In addition to any other provisions of this Article, any circumstances constituting grounds for denial of a license shall also constitute grounds for revocation of a license. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.12 HEARING ON LICENSE DENIAL OR REVOCATION.

SEC. 613.12. HEARING ON LICENSE DENIAL OR REVOCATION. (a) Any person whose application for a license under this Article has been denied, or whose license has been revoked pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police or his or her designee prior to final denial or prior to revocation. (b) The Chief of Police shall give the applicant or licensee written notice of the intent to deny the application or to revoke the license. The notice shall set forth the ground or grounds for the Chief of Police's intent to deny the application or to revoke the license, and shall inform the applicant or licensee that he or she has 10 days from the date of mailing of the notice to file a written request for a hearing. The application may be denied or the license revoked if a written hearing request is not received within the 10-day period. (c) If the applicant or licensee files a timely hearing request, the Chief of Police shall set a time and place for the hearing. All parties involved shall have the right to (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross examine any witnesses against them. If the hearing is before a designee of the Chief of Police, the designee shall make a written recommendation following the hearing regarding whether an application should be denied or a license revoked. The decision of the Chief of Police whether to deny the application or revoke the license shall be appealable to the Board of Appeals, at which proceeding the Chief shall have the burden of proof to justify his decision. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.13 LICENSE - LIABILITY INSURANCE.

SEC. 613.13. LICENSE - LIABILITY INSURANCE. No license shall be issued or reissued pursuant to this Article unless there is in full force and effect a policy of insurance in such form as the City Attorney and the City's Risk Manager deem proper, executed by an insurance company approved by the City's Risk Manager, whereby the applicant or licensee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer or lease, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease, of any firearm, firearm ammunition or firearm ammunition component. The minimum liability limits shall not be less than $1,000,000 for damage to or destruction of property in any one incident, and $1,000,000 for the death or injury to any one person; provided, however, that additional amounts may be required by the City Attorney or City's Risk Manager if deemed necessary to protect the interests of the City and its residents. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City, address in care of the Chief of Police, 850 Bryant Street, San Francisco, California, 94103, at 30 days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the City, its officers, agents, and employees as additional insureds. In addition, applicants and licensees shall agree in writing that they shall indemnity, defend, and hold harmless the City, its officers, agents, and employees, from claims arising out of the negligence or the intentional or wilful misconduct of the applicant or licensee. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.14 LICENSE - AUTHORITY TO INSPECT.

SEC. 613.14. LICENSE - AUTHORITY TO INSPECT. Any and all investigating officials of the City shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to observe and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, and provisions of this Article. A police investigator may conduct compliance inspections to insure conformance with all federal, state, and local laws, and all provisions of this Article. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.15 COMPLIANCE BY EXISTING DEALERS.

SEC. 613.15. COMPLIANCE BY EXISTING DEALERS. Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component on the effective date of this Article, or any amendments thereto, shall have a period of 60 days after such effective date to comply with the provisions of this Article, or any amendments thereto. In addition, any person who possesses as of February 1, 1994, a permit or license issued by the San Francisco Police Department to engage in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component, shall not be required to comply with the requirements of Section 613.3(i)(1), (2) and (3) of this Article. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.16 TEMPORARY SUSPENSION OF LICENSE.

SEC. 613.16. TEMPORARY SUSPENSION OF LICENSE. (a) If the Chief of Police has reason to believe that a licensee has (1) violated any federal, state or local law relating to the sale, lease, transfer, use or possession of firearms, firearm ammunition or firearms ammunition components, or (2) has committed any of the offenses set forth in Section 613.3(e), the Chief of Police may immediately suspend for a period not to exceed three days the right of the licensee to sell, lease or otherwise transfer firearms, firearm ammunition or firearm ammunition components. However, if the licensee is charged by a federal, state, or local prosecuting attorney with a violation of any such law the Chief of Police may suspend such license until the charges are dismissed or the licensee is found not guilty in a court of law. If the Chief of Police suspends a license pursuant to this provision, the licensee shall be provided an opportunity to present evidence to the Chief or his or her designee that the pending charges are without legal merit. The Chief's decision regarding whether to suspend a license pending the outcome of such charges shall be appealable to the Board of Appeals, at which proceeding the Chief shall have the burden of proof to justify his decision. (b) Notice of suspension shall be mailed to the person(s) who applied for the license and shall be delivered to the address listed on the license. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.17 DELIVERY TO TAX COLLECTOR.

SEC. 613.17. DELIVERY TO TAX COLLECTOR. Upon granting said license, the Police Department shall forward said license to the Tax Collector who shall issue said license to the applicant upon payment of the license fee, payable in advance. (Amended by Ord. 555-81, App. 11/12/81; Ord. 91-94, App. 2/25/94)

SF Police Code § 613.18 RULES AND REGULATIONS.

SEC. 613.18. RULES AND REGULATIONS. The Chief of Police is hereby authorized to promulgate such rules and regulations after noticed hearing as will enable the Police Department to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with any other requirements imposed by this ordinance, shall constitute grounds for revocation of licenses issued hereunder. (Added by Ord. 407-86, App. 10/3/86; amended by Ord. 91-94, App. 2/25/94)

SF Police Code § 613.19 PENALTIES.

SEC. 613.19. PENALTIES. Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction unless a penalty is otherwise specified. The complaint charging such violation shall specify whether the violation is a misdemeanor or infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator shall be punished by a fine of not more than $100 for each provision violated. If charged as a misdemeanor, upon conviction, the violator shall be punished by a fine of not less than $500 or more than $1,000 for each provision violated or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. In any accusatory pleading charging a violation of this Section, if the defendant has been previously convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Section a second or subsequent time within a 10-year period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $500 and not more than $1,000 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 613.20 SEVERABILITY.

SEC. 613.20. SEVERABILITY. If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City and County of San Francisco, 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 Article, and the application thereof; and to that end the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable. (Added by Ord. 91-94, App. 2/25/94)

SF Police Code § 614 EXCEPTIONS.

SEC. 614. EXCEPTIONS. Sections 613 to 613.20 inclusive, of this Article, shall not apply to wholesale dealers in their business intercourse with retail dealers, nor to wholesale or retail dealers in the regular or ordinary transport of unloaded firearms as merchandise to other wholesale or retail dealers by mail, express or other mode of shipment to points outside the City and County of San Francisco. (Amended by Ord. 407-86, App. 10/3/86; Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 615 RECORDS OF AMMUNITION SALES.

SEC. 615. RECORDS OF AMMUNITION SALES. (a) Definitions. As used in this Section 615, these terms shall have the following meanings: (1) "Firearm ammunition" shall include any ammunition for use in any pistol or revolver, or semiautomatic rifle or assault weapon, but shall not include ammunition for shotguns that contains shot that is No. 4 or smaller. (2) "Semiautomatic rifle" shall mean any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge. (3) "Assault weapon" shall mean any of the weapons designated in California Penal Code Section 12276 or 12276.1. (4) "Vendor" shall mean any person located in the City and County of San Francisco who is engaged in the sale of firearm ammunition, including any retail firearms dealer. (5) "Remote Vendor" shall mean any person engaged in the sale of firearm ammunition, including any retail firearms dealer, who is located outside the City and County of San Francisco but delivers or causes to be delivered firearm ammunition to an address within the City and County of San Francisco. (b) No Vendor or Remote Vendor engaging in a transaction for delivery to an address in the City and County of San Francisco shall sell or otherwise transfer ownership of any firearm ammunition without at the time of purchase recording the following information on a form to be prescribed by the Chief of Police: (1) the name of the Vendor or Remote Vendor (including the name of the specific individual) transferring ownership to the transferee; (2) the place where the transfer occurred; in the case of a Remote Vendor, the place of transfer shall be the origin of the shipment; (3) the date and time of the transfer; a Remote Vendor shall record the date and time of the shipment; (4) the name, address and date of birth of the transferee; (5) the transferee's driver's license number, or other identification number, and the state in which it was issued; (6) the brand, type and amount of ammunition transferred; and (7) the transferee's signature and thumbprint. (c) Any Vendor or Remote Vendor who sells or otherwise transfers any firearm ammunition, where the transaction occurs within the City and County of San Francisco or the firearm ammunition is ordered for delivery to an address within the City and County of San Francisco, shall be subject to the reporting requirement of this subsection (c). On a weekly basis, the Vendor or Remote Vendor shall report the transactions for the previous week to the Chief of Police or his or her designee by electronic mail or by such other means specified by the Chief of Police or his or her designee. The report shall contain the same information required under subsection (b) for each transaction. (d) No Vendor or Remote Vendor shall knowingly make a false entry in, or fail to make a required entry in, records prepared in accordance with subsection (b). No Vendor or Remote Vendor shall fail to submit the report required under subsection (c) in a timely manner, or knowingly include false information in such report. A Vendor or Remote Vendor must maintain the records required under subsection (b) on the premises for a period of not less than two years from the date of the recorded transfer. Said records shall be subject to inspection by the Police Department at any time during normal business hours. (e) Penalties. (1) First Conviction. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction of the infraction, the violator shall be punished by a fine of not less than $50 nor more than $100. (2) Subsequent Convictions. In any accusatory pleading charging a violation of this Section, if the defendant has been previously convicted of a violation of this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person violating any provision of this Section a second time within a 90-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $400 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Any person violating any provision of this Section, a third time, and each subsequent time, within a 30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more than $500 for each provision violated, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. (f) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Section or any part thereof. The Board of Supervisors hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Added as Sec. 618 by Ord. 328-95, App. 10/20/95; redesignated and amended by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by Ord. 37-13 , File No. 130039, App. 3/13/2013, Eff. 4/12/2013; Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013; Ord. 190-15 , File No. 150912, App. 11/10/2015, Eff. 12/10/2015) (Former Sec. 615 amended by Ord. 407-86, App. 10/3/86; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 616 REPORTING THE LOSS OR THEFT OF FIREARMS.

SEC. 616. REPORTING THE LOSS OR THEFT OF FIREARMS. (a) Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such firearm to the San Francisco Police Department within 48 hours of becoming aware of the theft or loss whenever (1) the owner resides in San Francisco, or (2) the theft or loss of the firearm occurs in San Francisco. (b) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms within 48 hours of when the owner or person in possession becomes aware or should have become aware of the theft or loss shall be punishable in accordance with Section 613.19. (c) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms in a timely manner shall create a rebuttable presumption that the owner or person remains in possession of the firearm. (Added by Ord. 260-04, File No. 031932, App. 11/4/2004; amended by Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013 ) (Former Sec. 616 added by Ord. 1.075, App. 10/11/38; repealed by Ord. 260-04, File No. 031932, App. 11/4/2004)

SF Police Code § 617 PROHIBITION AGAINST POSSESSION OR SALE OF FIREARMS OR AMMUNITION ON PROPERTY CONTROLLED BY THE CITY AND COUNTY OF SAN FRANCISCO.

SEC. 617. PROHIBITION AGAINST POSSESSION OR SALE OF FIREARMS OR AMMUNITION ON PROPERTY CONTROLLED BY THE CITY AND COUNTY OF SAN FRANCISCO. A. Legislative Findings. (1) The national and statewide statistical information available from numerous sources overwhelmingly demonstrates that the incidence of gunshot fatalities and injuries has reached alarming and thus, unacceptable proportions; and (2) Government at all levels has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims; and (3) Recent events throughout the City and County have generated additional fears of random usage of guns to commit violence on unsuspecting residents, children and adults alike; and (4) The Board of Supervisors finds that crimes and injuries committed with the use of a firearm are prevalent in San Francisco, with local statistics showing an increase in homicides by use of a gun increasing from 39 gun homicides out of 63 total homicides in 2001, which is a 63 percent increase, to 68 gun homicides out of 85 total homicides in 2006, which is an 80 percent increase. Local statistics also show that San Francisco Police Department has seized 1,158 guns in 2005, and 1,104 guns in 2006. In 2007, there have already been 25 gun homicides. (5) In the City and County of San Francisco, the number of nonfatal injuries from guns has steadily increased. While, in 2001, 81 patients were admitted to SF General Trauma Center for serious injuries resulting from gun shots, the number of patients admitted for serious injuries rose to 228 by 2006. Similarly, the total number of shootings that resulted in nonfatal injuries documented by SFPD was 269 in 2005, 303 in 2006, and in 2007 this number has already reached 105 by May 10; and (6) Gun crimes in and around schools and on buses carrying students to and from school have become increasingly common; and (7) In 2003 and 2004, 52 percent of the City's gun violence victims were under the age of 25. (8) Homicides committed with handguns are the leading cause of firearms related injuries and death in California; and (9) The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents across the County; and (10) The Board of Supervisors has authority over the management and control of City and County property, and it may regulate, by ordinance, the manner in which the property of the City and County is accessed and used by members of the public; and (11) Prohibiting the possession or sale of firearms and/or ammunition on City and County property will promote the public health and safety by contributing to the reduction in the presence of firearms and the potential for gunshot fatalities and injuries in the county. It will increase the confidence of members of the public that they are not at risk of injury from firearms when they seek to use the property and facilities of the City and County. In particular, this Board of Supervisors finds that an enormous number of the general public utilizes the parks, playgrounds and squares of San Francisco. This Board finds that prohibiting the possession or sale of firearms and ammunition on City and County property will help to ensure the safety of the general public and specifically children who are among the most vulnerable in our society; and (12) The California Supreme Court has ruled that State Law does not preempt local laws banning the possession and sale of firearms and ammunition on their property. In Nordyke v. King (2002) 27 Cal.4th 875, the Supreme Court upheld an Alameda County ordinance banning the possession of firearms and ammunition on county owned property and in Great Western v. County of Los Angeles (2002) 27 Cal.4th 853, the Supreme Court upheld a Los Angeles County Ordinance prohibiting all sales of firearms and ammunition on county property. These rulings uphold the legal ability of the Board of Supervisors to ban the possession and sale of firearms and ammunition on City and County property. B. Legislative Intent. With passage of this ordinance, the City and County seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety and welfare of all of its residents. C.1 Definitions. (1) City and County Property. (a) As used in this section, the term "City property" means real property, including any buildings thereon, owned or leased by the City and County of San Francisco (hereinafter "City"), and in the City's possession or in the possession of a public or private entity under contract with the City to perform a public purpose including but not limited to the following property: recreational and park property including but not limited to Golden Gate Park, the San Francisco zoo, Hilltop Park and San Francisco's parks and playgrounds, plazas including but not limited to United Nations Plaza and Hallidie Plaza, community centers such as Ella Hill Hutch Community Center, and property of the Department of Recreations and Parks, the Port, and the Public Utilities Commission. (b)2 The term "City property" does not include any "local public building" as defined in Penal Code Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b. (c) The term "City property" also does not include the public right-of-way owned by the City and County of San Francisco including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, and ways within the City or any property owned by the City that is outside the territorial limits of the City and County of San Francisco. (2) Firearms. As used in this section the term "firearm" is any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in Government Code Section 53071.5. (3) Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2). C.1 Possession or Sale of Firearms or Ammunition on County Property Prohibited. No person shall: (1) Bring onto or possess on county property a firearm, loaded or unloaded, or ammunition for a firearm. (2) Sell on county property a firearm, loaded or unloaded, or ammunition for a firearm. D. Exceptions, Ban on Possession. Section C.(1)1 above shall not apply to the following: (1) A peace officer, retired peace officer or person assisting a peace officer when authorized to carry a concealed weapon under Penal Code Section 12027(a) or a loaded firearm under Penal Code Section 12031(b)(1) and under 18 U.S.C. 926B or 926C. (2) Members of the armed forces when on duty or other organizations when authorized to carry a concealed weapon under Penal Code Section 12027(c) or a loaded firearm under Penal Code Section 12031(b)(4). (3) Military or civil organizations carrying unloaded weapons while parading or when going to and from their organizational meetings when authorized to carry a concealed weapon under Penal Code Section 12027(d). (4) Guards or messengers of common carriers, banks and other financial institutions when authorized to carry a concealed weapon under Penal Code Section 12027(e) and armored vehicle guards when authorized to carry a loaded weapon under Penal Code Section 12031(b)(7). (5) Persons who are at a target range. (6) Honorably retired Federal officers or agents of Federal law enforcement agencies when authorized to carry a concealed weapon under Penal Code Section 12027(i) or a loaded weapon under Penal Code Section 12031(b)(8). (7) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under State Law. (8) Patrol special police officers, animal control officers or zookeepers, and harbor police officers, when authorized to carry a loaded firearm under Penal Code Section 12031(c). (9) A guard or messenger of a common carrier, bank or other financial institution; a guard of a contract carrier operating an armored vehicle; a licensed private investigator, patrol operator or alarm company operator; a uniformed security guard or night watch person employed by a public agency; a uniformed security guard or uniformed alarm agent; a uniformed employee of private patrol operator or private investigator when any of the above are authorized to carry a loaded firearm under Penal Code Section 12031(d). (10) Any authorized participant in a motion picture, television or video production or entertainment event when the participant lawfully uses a firearm as part of that production or event. E. Exception, Ban on Sale. Section C.(2)1 above shall not apply to the following: (1) Purchase or sale of a firearm or ammunition for a firearm by a federal, state or local law enforcement agency or by any other Federal, State or local governmental entity. (2) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under state law. (3) Sale of ammunition at a target range for use at the target range. F. Penalty for Violation. Any person who violates any of the provisions of this Section 617(c)3 shall be deemed guilty of a misdemeanor and upon conviction shall 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. G. Severability. If any provision, clause or word of this Section 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 chapter are declared to be severable. (Added by Ord. 194-07, File No. 070682, App. 8/1/2007) CODIFICATION NOTES 1. As enacted by Ord. 194-07, this section includes two divisions designated "C.," both of which have subdivisions designated "(1)" and "(2)." The first division "C." includes definitions; the second includes prohibitions relating to sales and possession. 2. As enacted by Ord. 194-07, the second and third paragraphs of this division are undesignated. The codifier added the designations "(b)" and "(c)." 3. So in Ord. 194-07.

SF Police Code § 618 PROHIBITED AMMUNITION.

SEC. 618. PROHIBITED AMMUNITION. (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)

SF Police Code § 619 PROHIBITION AGAINST POSSESSION OF LARGE CAPACITY MAGAZINES.

SEC. 619. PROHIBITION AGAINST POSSESSION OF LARGE CAPACITY MAGAZINES. (a) Findings. (1) In 2007, 3,231 people died from firearm-related injuries in California, and 4,491 other people were treated for non-fatal gunshot wounds. (2) The ability of an automatic or semiautomatic firearm to fire multiple bullets without reloading is directly related to the capacity of the firearm's feeding device or "magazine." Inside the magazine, a spring forces the cartridges into position to be fed into the chamber by operation of the firearm's action. (3) Magazines with a capacity of more than 10 rounds of ammunition are generally considered to be "large capacity" magazines, although the statutory definitions vary. In some cases, large capacity magazines can hold up to 100 rounds of ammunition. Other types of firearms, in contrast, are generally capable of holding far less ammunition: for example, revolvers typically hold six rounds of ammunition in a rotating cylinder. (4) Although detachable large capacity magazines are typically associated with machine guns or semiautomatic assault weapons, such devices are available for any semiautomatic firearm that accepts a detachable magazine, including semiautomatic handguns. (5) The ability of large capacity magazines to hold numerous rounds of ammunition significantly increases the lethality of the automatic and semiautomatic firearms using them. (6) Large capacity magazines were used in a number of recent high-profile shootings, including: The shooting on the campus of Virginia Tech on April 16, 2007, where 32 people were killed and many others wounded, The shooting in a gym in Pittsburgh on August 4, 2009, where three people were killed and nine others injured. The shooting on November 5, 2009 at Fort Hood, Texas, where 13 people were killed and 34 more were wounded. The shooting on January 8, 2011, at Tucson, Arizona, where 6 people were killed and 13 people were injured, including a member of the United States House of Representatives, and The shootings on December 14, 2012, at Newtown, Connecticut, where 27 people (not including the shooter) were killed. (7) Large capacity magazines have also been used against San Francisco police officers, including a recent incident at India Basin Shoreline Park, where undercover police officers were targeted with semiautomatic pistols containing 30-round magazines. Prohibiting large capacity magazines serves police safety by requiring perpetrators to pause to reload their firearms more frequently, giving police officers greater opportunity to apprehend them. (8) Large capacity magazine bans reduce the capacity, and thus the potential lethality, of any firearm that can accept a large capacity magazine. (9) Large capacity magazines are not necessary for individuals to vindicate their right to self-defense. Only in an extraordinarily rare circumstance would a person using a firearm in self-defense ever be required to use a large capacity magazine to defend himself or herself effectively. This is particularly true in an urban center like San Francisco, where law enforcement can and does respond quickly to threats and incidents. Conversely, the dangers of large capacity magazines are heightened in dense urban areas like San Francisco. (10) In 1994, in recognition of the dangers posed by these devices, Congress adopted a law prohibiting the transfer and possession of large capacity magazines as part of the federal assault weapon ban. That law was filled with loopholes, however. (11) The federal law was enacted with a sunset clause, providing for its expiration after ten years. Despite overwhelming public support for the law, Congress allowed the federal ban to expire on September 13, 2004. (12) Research commissioned by the U.S. Department of Justice to analyze the effect of the 1994 federal ban on assault weapons and large capacity magazines found that attacks with semiautomatics including assault weapons and other semiautomatics equipped with large capacity magazines result in more shots fired, more persons hit, and more wounds inflicted per victim than do attacks with other firearms. (13) Since January 1, 2000, California Penal Code §§ 32310 et seq., have, with limited exceptions, prohibited the manufacture, importation into the state, keeping for sale, offering or exposing for sale, giving, or lending of large capacity magazines. California law does not, however, prohibit the possession of these magazines, and this gap in the law threatens public safety. (b) Definition. "Large capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following: (1) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; (2) A . 22 caliber tube ammunition feeding device; or (3) A tubular magazine that is contained in a lever-action firearm. (c) Prohibition on Possession of Large Capacity Magazines. (1) No person, corporation, or other entity in the City may possess a large capacity magazine, whether assembled or disassembled. (2) Any person who, prior to the effective date of this chapter, was legally in possession of a large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution: (A) Remove the large capacity magazine from the City; (B) Surrender the large capacity magazine to the Police Department for destruction; or (C) Sell or transfer the large capacity magazine lawfully in accordance with Penal Code § 12020. (d) Exceptions. Subsection (c) shall not apply to the following: (1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large capacity magazine in connection with his or her official duties; (2) A person licensed pursuant to Penal Code §§ 26700 to 26915, inclusive; (3) A gunsmith for the purposes of maintenance, repair or modification of the large capacity magazine; (4) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business; (5) Any person, corporation or other entity that manufactures the large capacity magazine for a person mentioned in subsection (a) or for export pursuant to applicable federal regulations; (6) Any person using the large capacity magazine solely as a prop for a motion picture, television, or video production, or entertainment event; (7) Any holder of a special weapons permit issued pursuant to Penal Code § 33300, 32650, 32700, 31000, or 18900; (8) Any person issued a permit pursuant to Penal Code § 32315 by the California Department of Justice upon a showing of good cause for the possession, transportation, or sale of large capacity magazines between a person licensed pursuant to Penal Code §§ 26700 to 26915 and an out-of-state client, when those activities are in accordance with the terms and conditions of that permit; (9) Any federal, state or local historical society, museum, or institutional collection which is open to the public, provided that the large capacity magazine is properly housed secured from unauthorized handling, and unloaded; (10) Any person who finds the large capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large capacity magazine no longer than is necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law; (11) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities; (12) Any person in the business of selling or transferring large capacity magazines in accordance with Penal Code § 12020, who is in possession of a large capacity magazine solely for the purpose of doing so; or (13) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000 if no magazine that holds 10 or less rounds of ammunition is compatible with that firearm and the person possesses the large capacity magazine solely for use with that firearm. (e) Penalty. Any person violating this chapter is guilty of a misdemeanor. (f) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Section or any part thereof. The Board of Supervisors hereby declares that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (g) No Duplication of State Law. In the event that the State of California enacts legislation prohibiting possession of large capacity magazines, this Section 618 1 shall have no force or effect to the extent that it duplicates any such state law. (Added by Ord. 249-13 , File No. 130585, App. 11/8/2013, Eff. 12/8/2013) CODIFICATION NOTE 1. So in Ord. 249-13 .

SF Police Code § 620 UNFINISHED FIREARM FRAMES AND RECEIVERS; MANUFACTURE OR ASSEMBLY OF UNSERIALIZED FIREARMS.

SEC. 620. UNFINISHED FIREARM FRAMES AND RECEIVERS; MANUFACTURE OR ASSEMBLY OF UNSERIALIZED FIREARMS. (a) Findings. (1) “Ghost guns” are untraceable and unregulated firearms that are often assembled by unlicensed individuals using build-it-yourself kits. (2) The main precursor part of an assembled firearm is an unfinished “frame” or “receiver,” which contains the firing mechanism, to which other parts are attached. Unfinished frames and receivers are often referred to as “80%” receivers or frames, because they are manufactured just below the percentage of completion that would qualify them as firearms under federal and state law. (3) Sellers often package together an unfinished frame or receiver with all the other parts needed to assemble a ghost gun in a build-it-yourself “ghost gun kit,” with the purpose of avoiding firearms regulations. Assembling the parts into a lethal ghost gun can readily be done by untrained amateurs using common household tools. (4) Ghost gun precursor parts and kits are typically sold by unregulated sellers online, in retail stores or at gun shows, without the protections that California and federal law apply to the manufacture, sale, and transfer of firearms. As of May 2021, no background checks, waiting periods, sale records, age restrictions, or limits on numbers of purchases apply to purchases of precursor parts or kits. (5) Any person with cash in hand – whether a domestic abuser, teenager, gun trafficker, or a person contemplating suicide – can purchase unfinished frames or receivers, from which many can easily build a working firearm. Unfinished frames or receivers, and ghost gun kits, cost far less than firearms produced by licensed manufacturers. (6) In addition, unlike guns produced by licensed firearms manufacturers, a gun assembled using an unfinished frame or receiver does not have a unique serial number allowing it to be traced to the manufacturer, dealer, and purchaser – hence the term “ghost gun.” Although California law requires individuals who assemble firearms to pass a background check, obtain a serial number for the gun, and affix the serial number to the gun within 10 days of assembly, it is all too easy for anyone, including individuals prohibited from purchasing a firearm, to evade these requirements. The absence of a background check makes it possible for persons whom the law recognizes as too dangerous to be permitted to purchase a firearm, to nonetheless be able to do so. And the absence of a serial number on ghost guns cripples the efforts of law enforcement to identify individuals who have used such guns in the commission of a crime, thereby further endangering public safety. (7) Sales of ghost gun precursor parts and kits present serious safety risks, not only for possible victims of gun violence, but also for those who purchase or otherwise possess ghost guns. The precursor parts and kits are often able to skirt the critical consumer safety requirements that apply to new models of handguns sold by licensed dealers and manufacturers in California. California’s Unsafe Handgun Act is designed to ensure that firearms sold in the state function properly and are equipped with lifesaving features that protect lawful users. However, ghost guns assembled from precursor parts and kits typically fail to include essential safety features mandated by the Act. Further, a firearm assembled by an untrained amateur also may be of poor quality and unsafe. And purchasers of precursor parts and build kits typically avoid completing the firearms safety test that California requires of firearms purchasers. (8) The increased availability of ghost guns poses enormous risks to public safety in San Francisco and undermines law enforcement efforts to prevent gun violence. Not surprisingly, the number of ghost guns recovered by law enforcement in San Francisco, as well as in other cities in California, is rising rapidly. In San Francisco, the number of ghost guns seized by local law enforcement jumped 2,733% from 2016 to 2020. This rapid increase continued in 2021, and in the first two months of 2021, ghost guns seized by law enforcement in San Francisco increased by 350% compared to 2019. Further, ghost guns have substantially increased as a proportion of all guns seized in San Francisco. In 2016, ghost guns were less than 1% of all firearms seized in San Francisco, but by 2020, ghost guns represented over 16% of all firearms seized in San Francisco. (9) San Francisco’s experience with ghost guns has paralleled the experience of other cities in California. The California Bureau of Firearms seized 512% more ghost guns from persons identified through the Armed Prohibited Persons System database in 2019 than in 2018. The federal Bureau of Alcohol, Tobacco, and Firearms (ATF) reported in 2019 that 30% of crime guns it recovered in California were ghost guns. In January 2020, the ATF’s Los Angeles Field Division reported that over 40% of its cases involved these weapons. In February 2021, the Los Angeles City Attorney announced that law enforcement had recovered over 700 Polymer80 ghost guns, one brand of ghost gun parts/kits, in Los Angeles in 2020. Ghost guns have been used in a wide variety of crimes in California, including homicides, robberies, school shootings, mass shootings, killings of law enforcement officers, and domestic violence. (10) San Francisco has a compelling interest in protecting its residents from gun violence. It has among the strongest – if not the strongest – firearm safety laws in California. For example, in 2015, San Francisco enacted an ordinance requiring firearms dealers to install video surveillance systems to record all sales and transfers of guns and ammunition, and to report information about ammunition sales to the Police Department. See Ordinance 190-15. San Francisco’s strong gun violence prevention laws are being undermined by the increase in unregulated sales of ghost gun kits and precursor parts. (11) As of May 2021, no licensed gun dealers operated in San Francisco. The last licensed gun dealer closed in 2015. The absence of licensed gun dealers in San Francisco increases the likelihood that residents of San Francisco will seek out ghost gun precursor parts and kits. (b) Definitions. For purposes of this Section 620, the following definitions shall apply: “Antique Firearm” has the meaning ascribed to it in 18 U.S.C. § 921(a)(16). “Assemble” means to fit together component parts. “Federal Firearms Importer or Manufacturer” means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44. “Manufacture” means fabricate, make, form, produce, or construct by manual labor or machinery. “Precursor Parts Vendor” means a person or entity holding a precursor parts vendor license issued under California Penal Code Sections 30400 et seq. “Unfinished Frame or Receiver” means a piece of any material that does not constitute the frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle, or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling, or other means. (c) It shall be unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, receive, or Manufacture an Unfinished Frame or Receiver, unless the person is a Federal Firearms Importer or Manufacturer, or the Unfinished Frame or Receiver is required by federal law to be imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer and the Unfinished Frame or Receiver has been imprinted with the serial number. The foregoing prohibition shall not apply to or affect any of the following: (1) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Sections 28450, et seq.; or (3) A person whose licensed premises are outside the City and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued under that Chapter; or (4) A common carrier licensed under state law, or a motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to United States Code Title 49, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or (5) Possession, purchase, transport, or receipt of an Unfinished Frame or Receiver by a Precursor Parts Vendor; or (6) Sale or transfer of an Unfinished Frame or Receiver processed through a Precursor Parts Vendor pursuant to Penal Code Section 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the California Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections; or (7) Possession of an Unfinished Frame or Receiver by the person who obtained it through a transaction processed by a Precursor Parts Vendor in compliance with subsection (c)(6) of this Section 620. (d) It shall be unlawful for any person to Manufacture, cause to be Manufactured, Assemble, or cause to be Assembled, a firearm that has not been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law. The foregoing prohibition shall not apply to or affect any of the following: (1) A firearm that has been rendered permanently inoperable; or (2) An Antique Firearm; or (3) A firearm that has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44; or (4) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or (5) The Manufacture or Assembly of a firearm with a frame or receiver processed through a Precursor Parts Vendor pursuant to Penal Code Sections 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Section Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections. (e) Penalty. Violation of any of the provisions of this Section 620 is a misdemeanor and upon conviction the violator may be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both. (f) Preemption. Nothing in this Section 620 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (g) Promotion of General Welfare. In enacting and implementing this Section 620, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (h) Severability. If any subsection, sentence, clause, phrase, or word of this Section 620, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Section. The Board of Supervisors hereby declares that it would have passed this Section and each and every subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this ordinance or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 145-21, File No. 210540, App. 9/24/2021, Eff. 10/25/2021)
Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_police/0-0-0-9892Fetched: 11/1/2026

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