HomeMy WebLinkAboutCC ORD 1998-2146 Adds § 10.68.020; changes title of Ch. 10.68, firearms (10.68)ORDINANCE NO. 98-2146
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AMENDING CHAPTER 10.68
OF THE NATIONAL CITYMUNICIPAL CODE BY
RETITLING SAID CHAPTER "FIREARMS," AND
ADDING TO SAID CHAPTER SECTION 10.68.020
PERTAINING TO TRIGGER LOCKS ON FIREARMS
BE IT ORDAINED by the City Council of the City of National City as follows:
Section 1. That Chapter 10.68 of the National City Municipal Code is retitled
"Firearms".
Section 2. That Section 10.68.020 is added to Chapter 10.68, to read as
follows:
10.68.020 Provision of Trigger Locks. A. It is unlawful for any firearm dealer to
sell, give, lend or transfer ownership of any firearm without also providing with the firearm a
trigger locking or similar device approved by the Chief of Police. The trigger locking or
similar device shall be designed to prevent the unintentional discharge of the firearm. The
trigger locking or similar device shall be attached to the firearm prior to the completion of the
sale, gift, lending or transfer transaction, and the firearm must leave the premises of the
firearms dealer with the trigger locking or similar device attached. If a trigger locking or
similar device cannot be attached because the firearm lacks a trigger guard, a lockable bag or
box approved by the Chief of Police shall be used in lieu of a trigger locking or similar device.
Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger
locking or similar device by charging a price for the lock or similar device, either separately or
as part of the price of the firearm.
B. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of
any firearm, without providing with the firearm printed material, approved by the Chief of
Police, that advises the user of safe firearm storage practices.
C. In connection with any sale, gift, loan or transfer of a firearm, the firearm
dealer shall obtain from the person receiving the firearm a signed acknowledgement that a
trigger locking or similar device required by Section 10.68.020A, and the printed material
required by Section 10.68.020B, has been provided with the firearm. The acknowledgment
shall be in a form approved by the Chief of Police. The firearm dealer shall retain signed
acknowledgments of receipt in the same manner and to the same extent as required by State
law for other firearm transaction records.
D. A firearm dealer who has fully complied with the provisions of this section
relating to trigger locking or similar devices shall not be presumed to have made any
representation to the transferee regarding the safety or appropriateness of the use of the trigger
locking or similar device, nor shall the firearm dealer be liable in any civil action brought
against the firearm dealer, to the extent such liability would be based solely upon the act of
furnishing the trigger locking or similar device to a person in compliance with this Section.
Ordinance No. 98-2146
Page Two
E. The requirements of this Section shall be in force and effect, and shall apply to
all firearms dealers now or hereafter licensed, ninety (90) days after the date of which the
Chief of Police sends written notice to currently -licensed firearms dealers of the requirements
of this Section pertaining to approved trigger locking or similar devices, printed safety material
and form of acknowledgment.
F. The provisions of this Section shall not apply to temporary lending transaction
in which the firearm does not leave the premises of the firearms dealer.
G. The requirements in Sections 10.68.020 A, B and C shall not apply to firearms
that are curios or relics, as defined by federal law, Title 27 Code of Federal Regulations,
Section 178.
H. The requirements in Sections 10.68.020 A, B and C shall not apply to firearm
dealers when they are involved in private party transfers conducted pursuant to California
Penal Code Section 12082.
PASSED and ADOPTED this 2nd day of June, 1998.
___AI
George H. aters, Mayor ,__.
ATTEST:
iext,ZIAP
l R. Dalla
Mich
City Clerk
APPROVED AS TO FORM:
fe‘ ‘/° gou mit
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on June 2, 1998, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
Ci Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
May 26, 1998 and on June 2, 1998.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 98-2146 of the City Council of the City of National City, passed and adopted
by the Council of said City on June 2, 1998.
City Clerk of the City of National City, California
By:
Deputy