082 of 1993 - Amending Chapter 11.50 dealing withw
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SALT LAKE CITY ORDINANCE
No. 82 of 1993
(Amending Chapter 11.50 dealing with
anti -gang firearms crimes)
AN ORDINANCE AMENDING CHAPTER 11.50 OF THE SALT LAKE CITY
CODE RELATING TO ANTI -GANG FIREARM CRIMINAL AND CIVIL PENALTIES.
WHEREAS, the City Council of Salt Lake City has reviewed the
recently enacted Salt Lake City Anti -Gang Firearms Criminal
Ordinance, Chapter 11.50 of the Salt Lake City Code, in light of
recent changes in State law;
WHEREAS, the City Council has determined that it would be
appropriate to amend certain provisions of the Salt Lake City
Anti -Gang Firearms Criminal Ordinance to take into account
provisions of the new State law; and
WHEREAS, the City Council finds that this Ordinance is in
furtherance of §§ 76-10-503 and 76-10-512 U.C.A.;
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,
amended to read as follows:
PART I. GENERAL PROVISIONS
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. "Dangerous weapon" means any item that in the manner of
its use or intended use is capable of causing death or serious
bodily injury. The following factors shall be used in
determining whether an item, object, or thing not commonly known
as a dangerous weapon is a dangerous weapon:
(a) The character of the instrument, object, or thing;
(b) The character of the wound produced, if any; and
(c) The manner in which the instrument, object, or
thing was used.
C. "Firearms" means pistols, revolvers, rifles, shotguns,
sawed-off shotguns, or sawed-off rifles or any other device that
could be used as a weapon from which a projectile is expelled by
the force of exploding gunpowder, except black powder muzzle
loading weapons.
D. "Full Automatic Weapon" means any firearm which fires,
is designed to fire, or can be readily restored to fire
automatically, more than one bullet or other missile without
manual reloading, by a single function of the trigger.
E. "Handgun" means a pistol, revolver, or other firearm of
any description, loaded or unloaded, from which any shot, bullet,
or other missile can be discharged, the length of the barrel of
which, not including any revolving, detachable, or magazine
breech, does not exceed 12 inches.
F. "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
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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.
G. "Licensed dealer" means any person or business licensed
by any city, state, county or federal agency for the sale of
firearms.
H. "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.
I. "Loaded Weapon" means:
(1) any pistol, revolver, shotgun, rifle, or other
weapon described in this Part when there is an
unexpended cartridge, shell, or projectile in the
firing position.
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(2) pistols and revolvers when an unexpended
cartridge, shell, or projectile is in a position
whereby the manual operation of any mechanism once
would cause the unexpended cartridge, shell, or
projectile to be fired.
(3) a muzzle loading firearm when it is capped or
primed and has a powder charge and ball or shot in
the barrel or cylinders.
J. "Multi -burst 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
activating the device.
K. "Police Department" means the Salt Lake City Police
Department.
L. "Private firearm sale" means the sale or other transfer
of a firearm for value, other than a sale to a licensed dealer.
M. "Sawed-off shotgun" or "sawed-off rifle" means a
shotgun or rifle having a barrel or barrels of fewer than 18
inches in length, or in the case of a rifle, having a barrel or
barrels of fewer than 16 inches in length or any dangerous weapon
as defined by the State of Utah made from a rifle or shotgun by
alteration, modification or otherwise, if the weapon as modified
has an overall length of fewer than 26 inches.
J. "Working days" means Monday through and including
Friday except that legal holidays of the State of Utah shall not
be included as working days.
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II. 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 identification card,
such as a driver's license or similar state -issued
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.
11.50.050 Selling Firearms and Ammunition 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 unless accompanied by a
parent or legal guardian.
11.50.060 Review Period for Firearm Purchase.
A. It shall be unlawful for a firearm to be delivered to a
purchaser 18 years of age or older and under the age of 25 in a
private firearm sale less until such time, not to exceed five
(5) working days after the purchaser shall have signed, dated,
and timed a "Notice of Intent to Take Delivery", in substantially
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the following form:
I,
[purchaser's name address, date of birth, and
driver's license or identification card number]
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
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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
for a background check on the proposed purchaser.
D. If the seller fails to deliver the "Notice of Intent"
to the Police Department within 24 hours, the running of the
review period shall be suspended until the "Notice of Intent" is
delivered to the Police Department. The review period shall
resume upon delivery and shall expire upon notification by the
Police Department as provided in subparagraph E, hereof, but in
no event later than four working days after delivery of the
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"Notice of Intent" to the Police Department.
E. Upon completion of the review authorized in
subparagraph I, hereof, the Police Department shall inform the
proposed seller whether the proposed buyer is prohibited by law
from the possession or purchase of the firearm or that the
possession or purchase is not prohibited.
F. It shall be unlawful to sell or deliver the firearm to
the buyer if the Police Department has informed the seller that
the buyer is prohibited by law from buying or possessing the
firearm.
G. If upon expiration of the review period the Police
Department has not informed the proposed seller that the sale is
prohibited, the sale may be completed.
H. It is unlawful for the seller to intentionally become
unavailable or to otherwise avoid contact with the Police
Department for the purpose of avoiding notification during the
review period.
I. The Police Department is authorized to conduct
investigations of criminal history and identification for the
purpose of ensuring compliance with this ordinance.
11.50.070 Sale of Multi -burst Trigger Activators Prohibited.
It shall be unlawful to manufacture, distribute, give, use
or sell any multi -burst trigger activator.
Part III Possession.
11.50.80 Exceptions.
The provisions of Part III shall not apply to any of the
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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
jurisdiction while engaged in the performance of their officials
duties.
D. Common carriers while engaged in the regular and
ordinary transport of firearms as merchandise.
E. Persons authorized by the United States or by the State
of Utah to carry concealed weapons.
11.50.90 Sawed-off Rifles, Sawed-off Shotguns and Full Automatic
Weapons Prohibited.
Unless otherwise provided by law, it shall be unlawful for
any person to possess, own, use or transport any sawed-off rifle
or sawed-off shotgun or full automatic weapon.
11.50.100 Prohibition of Possession of Certain Weapons by Minors.
Except as specified in Section 11.50.110:
A. Minors under 18 years of age may not possess a handgun.
B. Except as provided by federal law, a minor under 18
years of age may not possess the following:
(1) Rifles;
(2) Shotguns;
(3) Ammunition;
(4) Sawed-off rifles or sawed-off shotguns;
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(5) Full automatic weapons; and
(6) Any other firearm not specifically listed in this
Section.
C. Dangerous weapons, other than firearms or ammunition
already prohibited in subsections (A) and (B) above, may not be
possessed by a minor under 18 years of age unless the minor:
(1) Has the permission of the minor's parent or
guardian to have the weapon; or
(2) Is accompanied by a parent or guardian while the
minor is in possession of the weapon.
D. Any minor under 14 years of age in possession of a
dangerous weapon shall be accompanied by a responsible adult.
11.50.110 Exceptions to Prohibitions.
It not being the intent of the City to prohibit or restrict
the lawful movement of firearms within or through the City for
the purpose of engaging in lawful hunting, firearms training or
shooting competition, the provisions of Section 11.50.100.A,
B (1) , B (2) , B (3) , (C) , (D) shall not apply to the following:
A. Patrons firing at 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.
B. Any person in attendance at a hunter safety course or a
firearms safety course.
C. Any person engaging in practice or any other lawful use
of a firearm at an established and licensed shooting range.
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D. Any person engaging in a lawfully organized competition
involving the use of a firearm.
E. Any minor under 18 years of age is not considered to be
in possession of a handgun, shotgun, rifle, or ammunition if the
minor is an employee and on the premises where the minor is
employed and the employer lawfully has a handgun, shotgun, rifle,
or ammunition on the premises.
F. Any hunter with a valid hunting license or other
persons who are lawfully engaged in hunting.
G. Any person traveling to or from any activity described
in paragraphs (B), (C), (D), (E) or (F) of this Section with an
unloaded firearm in his possession.
11.50.120 Parent or Guardian Providing Firearm to Violent Minor.
A parent or guardian may not intentionally or knowingly
provide a firearm to, or permit the possession of a firearm by,
any minor who has been convicted of a crime of violence or any
minor who has been adjudicated in juvenile court for an offense
which would constitute a crime of violence if the minor were an
adult.
11.50.130 Parent or Guardian Knowing of Minor's Possession of
Dangerous Weapon.
Any parent or guardian of a minor who knows that the minor
is in possession of a dangerous weapon in violation of Section
11.50.100 and fails to make reasonable efforts to remove the
dangerous weapon from the minor's possession or, if the weapon
cannot be reasonably removed, fails to promptly notify the Police
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Department, is guilty of a class B misdemeanor.
11.50.140 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 to transport a firearm in any vehicle
in such a manner that the person under the influence has access
to the firearm.
11.50.150 Providing Firearms to Persons Under 18 Prohibited.
A. It shall be unlawful for any person to provide a
firearm to any person under the age of 18 years when the
possession of the firearms by the minor is in violation of Part 3
of this ordinance.
B. It shall be unlawful for any person to provide a sawed-
off rifle, sawed-off shotgun, multi -burst trigger activator, or
full automatic weapon to any person under the age of 18 years.
Part IV. Criminal Penalties.
11.50.160 Penalties.
Violation of this chapter shall be a Class B misdemeanor.
Part V. Civil Penalties.
11.50.170 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.
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11.50.180 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.
D. If a business is licensed and engages in sale or
activities other than the selling of firearms, the suspension
and/or revocation referred to in this section shall apply only to
the firearms and ammunition portion of the business.
11.50.190 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
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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
10, 1993 and shall be published by the City Recorder.
Passed by the City Council of Salt Lake City, Utah, this
2 day of November
ATTEST:
(f
Chief Deputy Y RECOR ER
Transmitted to the Mayor on
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November 2. 1993
Mayor's Action: XX Approved
ATTEST:
Chief Deput TY R jOR
BRB:cc
BILL NO. 82 of 1993
PUBLISHED: November 10, 1993 .
I62A,
MAYOR
Vetoed