075 of 1993 - Enacting Chapter 11.50 dealing with0 93-35
SALT LAKE CITY ORDINANCE
No. rj� of 1993
(Enacting Chapter 11.50 dealing with
anti -gang firearms crimes)
AN ORDINANCE ADOPTING CHAPTER 11.50 OF THE SALT LAKE CITY
CODE RELATING TO ANTI -GANG FIREARM CRIMINAL PENALTIES.
WHEREAS, the City Council is concerned about the greatly
increasing criminal violence related to youth gangs and the use
of firearms;
NOW, THEREFORE, be it ordained by the City Council of Salt
Lake City, Utah:
SECTION 1. That Chapter 11.50 be, and the same hereby is,
enacted to read as follows:
11.50.010 Title.
The provisions of this part shall be known as the "Salt Lake
City Anti -Gang Firearms Criminal Ordinance".
11.50.020 Definitions.
A. "Ammunition" means unexpended bullets or shells for any
firearm.
B. "Firearms" means pistols, revolvers, rifles, shotguns,
sawed-off shotguns, or sawed-off rifles or any other device that
could be used as a weapon by expelling a projectile by the force
of exploding gunpowder.
C. "Hunting" means:
(1) For species with a specific season, the pursuit or
shooting of such a species, during a designated hunting
season for that species, in an area designated for hunting
the species and with a valid hunting license and firearm
permitted for hunting such species.
(2) For species for which there is no specified
season, the pursuit or shooting of any non -seasoned species
for which hunting is allowed by law in an area where such
hunting is allowed, with a valid license to hunt and in
possession of a legal weapon for hunting such species.
(3) "Hunting" includes the transportation of firearms
by animal or motor vehicles in areas where hunting is
allowed by law.
D. "Licensed dealer" means any person or business licensed
by any city, state, county or federal agency for the sale of
firearms.
E. "Licensed shooting range" means:
(1) lawfully operated target concessions at amusement
parks, piers and similar locations, provided that the
firearms to be used are firmly chained or affixed to the
counters;
(2) commercial trap or skeet fields or shooting
ranges, during regular business hours; or
(3) other shooting ranges allowed by law.
F. "Multiburst trigger activator" means a device designed
or redesigned to be attached to a semi -automatic firearm, which
allows the firearm to discharge two or more shots in a burst by
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activating the device.
G. "Police Department" means the Salt Lake City Police
Department.
H. "Private firearm sale" means the sale or other transfer
of a firearm for value, other than a sale to a licensed dealer.
I. "Sawed-off shotgun" or "sawed-off rifle" means a
shotgun or rifle having a barrel or barrels fewer than 18 inches
in length or a rifle or shotgun modified to have an overall
length of fewer than 26 inches.
J. "Sport shooting" means the firing of firearms at
targets in an area where the discharge of firearms is legal.
Part I. Sales.
11.50.030 Scope of Sale Restrictions.
The firearm sale provisions of this Part shall apply to any
private firearm sale within Salt Lake City whether or not from a
licensed dealer.
11.50.040 Identification Required Before Sale.
It shall be unlawful for any firearm to be sold until the
seller shall have seen a presently valid form of identification
and the seller is reasonably satisfied that the identification
card is genuine, is that of the purchaser and shows the
purchasers age to be that allowed for sale of the firearm to be
purchased. The identification card shall include a photograph and
the name, address and date of birth of the purchaser, such as a
driver's license or similar state -issued identification.
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11.50.050 Firearm and Ammunition Sales to Persons under 18
Prohibited.
It shall be unlawful for a firearm or ammunition to be sold
to any person under the age of 18 years.
11.50.060 Waiting Period for Firearm Purchase.
A. It shall be unlawful for a firearm to be delivered to a
purchaser over the age of 18 years and under the age of 25 in a
private firearm sale less than five (5) business days after the
purchaser shall have signed, dated and timed a "Notice of Intent
to Take Delivery", in substantially the following form:
I,
[purchaser's name] intend to take delivery of
a firearm. I have given [seller] notice of this
intent to take delivery at o'clock .M. on
the day of , 19
a firearm described as [make, model and serial #]
and I acknowledge that I cannot lawfully take delivery
or possession of the firearm until after o'clock
.M. on
the day of
, 19
B. The seller and buyer involved in such a private firearm
sale of a firearm may agree between themselves when the purchase
price of the firearm shall be paid.
C. Within 24 hour of the execution of a "Notice of
Intent", the proposed firearm seller shall deliver a true and
accurate copy of the "Notice of Intent" to the Police Department
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.
for a background check on the proposed purchaser.
D. Prior to the expiration of the waiting period, the
Police Department shall inform the proposed seller whether the
proposed buyer is prohibited by law from the purchase of the
firearm.
E. It shall be unlawful to sell the firearm to the buyer
if the Police Department has informed the seller that the buyer
is prohibited by law from buying the firearm.
11.50.070 Sale of Multiburst Trigger Activators Prohibited.
It shall be unlawful to manufacture, distribute, give, use
or sell any multiburst trigger activator.
Part II Possession.
11.50.80 Exceptions.
The provisions of Part II shall not apply to any of the
following:
A. United States marshals while engaged in the performance
of their official duties.
B. Federal officials required to carry firearms while
engaged in the performance of their official duties.
C. Law enforcement officials of the State of Utah or other
jurisdictions authorized by law to carry firearms while engaged
in the performance of their officials duties or as otherwise
permitted by law.
D. Common carriers while engaged in the regular and
ordinary transport of firearms as merchandise.
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E. Persons authorized by the United States or by the State
of Utah to carry concealed weapons.
11.50.90 Sawed-off Rifles and Sawed-off Shotguns Prohibited.
It shall be unlawful for any person to possess, own, use or
transport any sawed-off rifle or sawed-off shotgun.
11.50.100 Firearm Possession Rules for Persons Under 18.
It shall be unlawful for any person under the age of 18 to
possess, use or transport any firearm or ammunition except:
A. While at a licensed shooting range; or
B. While sport shooting in the company of the person's
parent or guardian or with a person over 21, while carrying the
written permission of the parent or guardian of the said person
under 18;
C. While hunting, as defined in this chapter and as
allowed by other statutes of the State of Utah, in the company of
the person's parent or guardian or with a person over 21, while
carrying written permission of the parent or guardian of the said
person under 18; or,
D. As otherwise permitted by State law.
11.50.110 Possession Prohibited Under the Influence of Drugs or
Alcohol.
It shall be unlawful for any person under the influence of
any drug or other substance prohibited by statute or having a
blood alcohol content in excess of .08 to be in physical
possession of a firearm or transport a firearm in any vehicle in
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such a manner that the person under the influence has access to
the firearm.
Part III. Criminal Penalties.
11.50.120 Penalties.
Violation of this chapter shall be a Class B misdemeanor.
Part IV. Civil Penalties.
11.50.130 Applicability.
The civil penalty provisions of this part shall apply to any
person selling or possessing a firearm in violation of the
provisions of this Chapter whether or not that person has been
charged or convicted with a criminal offense under this Chapter.
11.50.140 Business License Suspension or Revocation.
A. The City business license of any business selling
firearms shall be suspended for not less than 30 days or revoked
for the violation of any provision of this chapter.
B. The City business license of any business selling
firearms shall be revoked for not less than one year for any
second violation of this chapter which has occurred within 12
months of another violation.
C. All other City authorizations required for a business
shall be terminated for any business selling any firearm during a
period of suspension or revocation. No firearms may be sold by a
business after the terminations provided herein except to a
licensed firearm dealer.
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11.50.150 Forfeiture.
A. Any firearm or ammunition which a police or other law
enforcement officer has probable cause to believe is being sold,
transferred, possessed or used in violation of the provisions of
this chapter may be seized. Upon a finding by a court that the
firearm or ammunition were possessed in violation of this
Chapter, the firearm or ammunition shall be:
(1) Confiscated by the court;
(2) Conveyed to the governmental entity seizing the
firearm or ammunition; and
(3) Upon the expiration of any time for appeal, sold
at a public auction or otherwise disposed of by the seizing
governmental entity; provided that sawed-off shotguns,
sawed-off rifles and any handgun, not usable by the seizing
agency, shall be destroyed.
SECTION 2. This Ordinance shall take effect on November 1,
1993 and shall be published.
Passed by the City Council of Salt Lake City, Utah, this
�} 6' day of (fe h 1
ATTEST:
, 19/3.
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Transmitted to the Mayor on (� 1 l5/ / /q--�
Mayor's Action:
ATTEST:
CC
C TY RECORRDDS /
BRB:cc
Bill 75 of 1993
tr./Approved Vetoed
Published: November 1, 1993
YOR
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