Here it is...
Mike
Prohibiting firearms distribution and limiting handgun possession.]
Initiative ordinance prohibiting the sale, manufacture and distribution
of firearms in the City and County of San Francisco, and limiting the
possession of handguns in the City and County of San Francisco.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Findings
The people of the City and County of San Francisco hereby find and
declare:
1. Handgun violence is a serious problem in San
Francisco. According to a San Francisco Department of Public Health
report published in 2002, 176 handgun incidents in San Francisco
affected 213 victims in 1999, the last year for which data is available.
Only 26.8% of firearms were recovered. Of all firearms used to cause
injury or death, 67% were handguns.
2. San Franciscans have a right to live in a safe and
secure City. The presence of handguns poses a significant threat to the
safety of San Franciscans.
3. It is not the intent of the people of the City and
County of San Francisco to affect any resident of other jurisdictions
with regard to handgun possession, including those who may temporarily
be within the boundaries of the City and County.
4. Article XI of the California Constitution provides
Charter created counties with the "home rule" power. This power allows
counties to enact laws that exclusively apply to residents within their
borders, even when such a law conflicts with state law or when state law
is silent. San Francisco adopted its most recent comprehensive Charter
revision in 1996.
5. Since it is not the intent of the people of the City
and County of San Francisco to impose an undue burden on inter-county
commerce and transit, the provisions of Section 3 apply exclusively to
residents of the City and County of San Francisco.
Section 2. Ban on Sale, Manufacture, Transfer or Distribution of
Firearms in the City and County of San Francisco
Within the limits of the City and County of San Francisco, the sale,
distribution, transfer and manufacture of all firearms and ammunition
shall be prohibited.
Section 3. Limiting Handgun Possession in the City and County of San
Francisco
Within the limits of the City and County of San Francisco, no resident
of the City and County of San Francisco shall possess any handgun unless
required for professional purposes, as enumerated herein. Specifically,
any City, state or federal employee carrying out the functions of his or
her government employment, including but not limited to peace officers
as defined by California Penal Code Section 830 et.seq. and animal
control officers may possess a handgun. Active members of the United
States armed forces or the National Guard and security guards, regularly
employed and compensated by a person engaged in any lawful business,
while actually employed and engaged in protecting and preserving
property or life within the scope of his or her employment, may also
possess handguns. Within 90 days from the effective date of this
section, any resident of the City and County of San Francisco may
surrender his or her handgun at any district station of the San
Francisco Police Department, or to the San Francisco Sheriff's
Department without penalty under this section.
Section 4. Effective Date
This ordinance shall become effective January 1, 2006.
Section 5. Penalties
Within 90 days of the effective date of this section, the Board of
Supervisors shall enact penalties for violations of this ordinance. The
Mayor, after consultation with the District Attorney, Sheriff and Chief
of Police shall, within 30 days from the effective date, provide
recommendations about penalties to the Board.
Section 6. State Law
Nothing in this ordinance is designed to duplicate or conflict with
California state law. Accordingly, any person currently denied the
privilege of possessing a handgun under state law shall not be covered
by this ordinance, but shall be covered by the California state law
which denies that privilege. Nothing in this ordinance shall be
construed to create or require any local license or registration for any
firearm, or create an additional class of citizens who must seek
licensing or registration.
Section 7. Severability
If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect other provisions or
applications or this ordinance which can be given effect without the
invalid or unconstitutional provision or application. To this end, the
provisions of this ordinance shall be deemed severable.
Section 8. Amendment
By a two-thirds vote and upon making findings, the Board of Supervisors
may amend this ordinance in the furtherance of reducing handgun
violence.
Mike
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