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HomeMy WebLinkAboutCC Resolution 10530 (Saturday Night Special Firearm Appeal)RESOLUTION NO. 10530 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING PROCEDURES FOR RECONSIDERATION AND APPEAL OF (1) THE CLASSIFICATION OF A FIREARM AS A SATURDAY NIGHT SPECIAL; AND (2) THE DENIAL OR REVOCATION OF A PERMIT FOR FIREARMS DEALERS WHEREAS, Section 8.37.040 of the San Rafael Municipal Code requires the Police Chief or his/her designee to compile, publish, and maintain a Roster of Saturday Night Specials (hereinafter "Roster") consisting of firearms which said Police Chief classifies as a Saturday Night Special within the meaning of Section 8.37.020 of the San Rafael Municipal Code; and WHEREAS, Section 8.37.050 of the San Rafael Municipal Code requires the Police Chief or his/her designee to publish the Roster on an as needed basis and to send a copy of the Roster to every firearms dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California; and WHEREAS, Section 8.37.050 provides that the City Council shall adopt, by Resolution, the procedures for both applying to the Police Chief for reconsideration and appealing to the City Manager any decision concerning the Roster of Saturday Night Specials; and WHEREAS, Section 8.37.060 of the San Rafael Code prohibits any firearms dealer from selling, offering or displaying for sale, giving, lending or transferring ownership of any firearm listed on the Roster; and WHEREAS, Chapter 8.38.067 of the San Rafael Municipal Code provides that the City Council shall adopt, by Resolution, the procedures for appealing any decision of the Police Chief for the denial or revocation of a required firearms dealer's permit to the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: A. PROCEDURE FOR RECONSIDERATION AND APPEAL OF THE CLASSIFICATION OF A FIREARM AS A SATURDAY NIGHT SPECIAL (CHAPTER 8.37 OF THE SAN RAFAEL MUNICIPAL CODE): Section 1. Intent, It is the intent of the City of San Rafael to establish procedures for the reconsideration and appeal of the classification of a firearm as a Saturday Night Special pursuant to Chapter 8.37 of the San Rafael Municipal Code. Section 2. Notification of Initial Classification of a Firearm as a Saturday Nei ht Special. Upon completion of a list of firearms to be placed on the Roster for the first time, the Police Chief or his/her designee shall endeavor to send written notification to: (1) the manufacturer of every firearm on said list; and (2) every dealer within the City who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the State of California. Such notification shall do the following: 1. Identify the model number of the firearm, which has been classified as a Saturday Night Special within the meaning of Section 8.37.020 of the San Rafael Municipal Code. 2. Advise the recipient that, within ten (10) days of the notice, the recipient may apply for reconsideration of the classification of the firearm as a Saturday Night Special. 3. Advise the recipient that the burden of proving a firearm does not constitute a Saturday Night Special within the meaning of Sections 8.37.020 of the San Rafael Municipal Code shall be on the recipient. Section 3. Reconsideration by the Police Chief of Classification of Firearm as a Saturday Night Special. Where a firearms dealer and/or manufacturer believes that the classification of a firearm as a Saturday Night Special is in error or improper, the firearms dealer and/or manufacturer must request reconsideration of the Police Chief's classification. 1. Application. The form and content of an application for reconsideration shall include the following: (a) A sample of the firearm to be reconsidered, along with an affidavit that it is identical to the model(s) intended for distribution within the City of San Rafael. The sample must be in the most powerful caliber to be offered for sale in this model. (b) All of the following documentation: 2 (1) Full blueprints, including complete views of safety mechanisms, whether "active" or "passive." This is to include views of safety devices in "armed" and "disarmed" status. (2) Safety drop test limits as stated by the manufacturer. (3) Materials list and specifications, including tensile strengths of materials used in main assembly frame and action parts. (4) Statement of action spring weight ratings, and semi- automatic magazine spring specifications, if applicable. (5) Standard weights of semi-automatic dynamic assembly (slide) and grip frame or receiver. (6) Statement of upper safe limit of cartridge momentum with which the firearm is designed to function. (7) Statement of number and pressure levels of proof cartridges used by manufacturer in safety testing the submitted evaluation piece, along with affidavit that this is consistent with production practice. (c) Any fees as may be required by resolution of the City Council for such reconsideration. (d) Any other evidence which the applicant considers relevant to the firearm's classification as a Saturday Night Special. If the application for reconsideration is found to be deficient, the Police Chief shall deliver or mail the applicant, by certified mail, a notice specifying how the application is deficient. If such deficiency has not been corrected within seven (7) calendar days after mailing of such notice by filing with the Police Chief a sufficient amendment to the application, the application shall be deemed to be withdrawn and the application shall be returned to the applicant. 2. Evaluation of Submitted Evidence. Upon the timely filing of one or more complete applications for reconsideration, the Police Chief or his/her designee shall evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating (by a preponderance of the evidence) that the firearm does not constitute a Saturday Night Special within the meaning of Section 8.37.020 of the San Rafael Municipal Code. At the Police Chief or his/her designee's discretion, further evidence may be requested of the applicant and/or an oral hearing on the reconsideration may be convened. 3 3. Decision. Within twenty (20) days of receiving a timely application for reconsideration, or as soon thereafter as is feasible, the Police Chief or his/her designee, shall send written notification to the applicant(s) indicating the outcome of the reconsideration. If the Police Chief or his/her designee determines that the firearm under reconsideration has been properly classified as a Saturday Night Special, then the applicant(s) shall have ten (10) days to appeal such decision to the City Manager. Section 4. Hearing Before City_ Manager (or his/her designee) on Appeal from Police Chiefs Decision on the Classification of a Firearm as a Saturdav Night Special. 1. Application. The form and content of an appeal to the City Manager from the classification of a firearm as a Saturday Night Special shall include: (a) The specific matter being appealed. (b) A statement of the grounds for appeal or how there is error in the decision of the matter being appealed. (c) Any fees as may be required by resolution of the City Council for such an appeal. If the appeal is found to be deficient, the City Manager shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected within seven (7) calendar days after mailing of such notice by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant. 2. Time of hearing. A hearing on an appeal of a classification of a firearm as a Saturday Night Special shall be held and action taken at a date set by the City Manager or his/her designee following the timely filing of a complete appeal. In no event shall the hearing on appeal take place more than sixty (60) days after the date on which a timely and complete notice of appeal is received unless the applicant requests an extension. 3. Burden of proof. The burden shall be on the appellant(s) to demonstrate by a preponderance of the evidence that the firearm does not constitute a Saturday Night Special within the meaning of Section 8.37.020 of the San Rafael Municipal Code. 4. Decision. The City Manager or his/her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager shall, based on the evidence presented, determine whether the firearm constitutes a Saturday Night Special within the meaning of Section 8.37.020 of the San Rafael Municipal Code. The City Manager shall deliver, or mail the appellant by certified mail, notification of the Decision. The decision of the City Manager shall be final. 4 5. Effective Date. The Procedures set forth herein shall become effective on the effective date of Ordinance No. 1745, pertaining to prohibition on the sale of Saturday Night Specials also known as Junk Guns. B. PROCEDURE FOR RECONSIDERATION AND APPEAL OF THE DENIAL OR REVOCATION OF A PERMIT BY THE POLICE CHIEF (SAN RAFAEL MUNICIPAL CODE CHAPTER 8.38). Section 1. Intent. It is the intent of the City of San Rafael to establish procedures for the reconsideration and appeal of the Police Chiefs denial or revocation of a permit. Such permit is required in order for a Firearms Dealers to engage in business in San Rafael pursuant to Chapter 8.38 of the San Rafael Municipal Code. Section 2. Notification of Denial or Revocation of Permit. Where the Police Chief either denies the application for a permit pursuant to Section 8.38.060 of the San Rafael Municipal Code or revokes a permit pursuant to Sections 8.38.060 and 8.38.065 of the San Rafael Municipal Code, the Police Chief shall notify the firearms dealer in writing. Such notification shall do the following: 1. Identify the reasons for the denial or revocation of the permit. 2. Advise the recipient that, within ten (10) days of the notice, the recipient may apply for reconsideration of the denial or revocation of the permit. 3. Advise the recipient that the burden of proving that the permit should be issued or should not be revoked within the meaning of Sections 8.38.060 and/or 8.38.065 of the San Rafael Municipal Code shall be on the recipient. Section 3. Reconsideration bv_ the Police Chief of a Denial or Revocation of a Permit. Where the Police Chief has either denied the issuance of a permit to a Firearms Dealer or revoked an existing permit, the firearms dealer must apply for a reconsideration of the Police Chiefs decision to the Police Chief. 1. Application. The form and content of an application for reconsideration shall include the following: (a) The specific reasons as to why the dealer feels that the action taken by the Police Chief in denying or revoking the permit is in error. s (b) All of the evidence upon which the dealer bases his request for reconsideration including any written documentation or other documentation. (c) Any fees as may be required by resolution of the City Council for such reconsideration. (d) Any other evidence that the applicant considers relevant to the denial or revocation of the permit. If the application for reconsideration is found to be deficient, the Police Chief shall deliver or mail the applicant, by certified mail, a notice specifying how the application is deficient. If such deficiency has not been corrected within seven (7) calendar days after mailing of such notice by filing with the Police Chief a sufficient amendment to the application, the application shall be deemed to be withdrawn and the application shall be returned to the applicant. 2. Hearing. Upon the timely filing of one or more complete applications for reconsideration, the Police Chief or his/her designee shall hold a hearing on the reconsideration request. The Police Chief shall consider all relevant evidence on the issue. The applicant(s) shall have the burden of demonstrating (by a preponderance of the evidence) that the denial or revocation of the permit was in error or did not follow the grounds for denial or revocation pursuant to Sections 8.38.060 and/or 8.38.065 of the San Rafael Municipal Code. 3. Decision. Within twenty (20) days of the hearing on the timely application for reconsideration, or as soon thereafter as is feasible, the Police Chief or his/her designee shall send written notification to the applicant(s) indicating the outcome of the reconsideration. If the Police Chief or his/her designee determines that the denial or revocation of the permit was proper, then the applicant(s) shall have ten (10) days to appeal such decision to the City Manager. Section 4. Hearing Before City Manager (or his/her designee) on Appeal from Police Chiefs Decision on the Denial or Revocation of the Issuance of a Permit. 1. Application. The form and content of an appeal to the City Manager from the denial or revocation of a permit shall include: (a) The specific matter being appealed. (b) A statement of the grounds for appeal or how there is error in the decision of the matter being appealed. (c) Any fees as may be required by resolution of the City Council for such an appeal. 6 If the appeal is found to be deficient, the City Manager shall deliver or mail the appellant, by certified mail, a notice specifying how the appeal is deficient. If such deficiency has not been corrected within seven (7) calendar days after mailing of such notice by filing with the City Manager a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal shall be returned to the appellant. 2. Time of hearing. A hearing on an appeal of a Police Chiefs decision to either deny the issuance of a permit or revoke a permit shall be held and action taken at a date set by the City Manager or his/her designee following the timely filing of a complete appeal. In no event shall the hearing on appeal take place more than sixty (60) days after the date on which a timely and complete notice of appeal is received unless the applicant requests an extension. 3. Burden of proof. The burden shall be on the appellant(s) to demonstrate that by a preponderance of the evidence that the Police Chief has erred in his/her decision to either deny the issuance of a permit or revoke an existing permit. 4. Decision. The City Manager or his/her designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the City Manager or his/her designee shall, based on the evidence presented, determine whether the denial of the issuance of the permit or the revocation of the permit was proper and within the meaning of Sections 8.38.060 and/or 8.38.065 of the San Rafael Municipal Code. The City Manager shall deliver, or mail the appellant by certified mail, notification of the Decision. The decision of the City Manager shall be final. 5. Effective Date. The procedures set forth herein shall become effective on the effective date of Ordinance No. 1746, pertaining to the regulation of firearms dealers. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 15`x' day of November, 1999, by the following vote to wit: AYES: Councilmembers : Cohen, Hel l er, Mi 11 er, Phi 11 i ps & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 7 JEANE M. LEONC , City Clerk