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1981 (NS-1562 - NS-1614)
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BKS:ms <br />3/24/81 <br /> <br />ORDINANCE NO. NS-1584 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />AMENDING SECTION 10-149 OF THE <br />SANTA ANA MUNCIPAL CODE TO PROVIDE FOR <br />RETENTION AND DISPOSITION OF AN ILLEGALLY <br />DISCHARGED FIREARM WITHIN THE CITY LIMITS. <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br /> <br /> SECTION I: Section 10-149 of the Santa Ana <br />Municipal Code is amended to read as follows: <br /> <br />Sec. 10-149. Weapons; discharge of firearms. <br /> <br /> (a) No person, except in self defense, shall <br />discharge, or cause or allow the discharge of any rifle, <br />shotgun, pistol, revolver, or any other firearm, or any <br />airgun, gas gun, or any other weapon which emits a projectile <br />as a result of pressure at the breech, unless, said person <br />has first obtained permission in writing from the chief of <br />police, and then only in compliance with all the conditions <br />contained in said permission. This section does not apply <br />to any peace officer in the discharge of his duty. <br /> <br /> (b) A weapon of any nature used in violation of <br />Section 10-149(a) is, upon a conviction of the defendant, a <br />nuisance. <br /> <br /> (c) Upon conviction of defendant any weapon <br />described in subdivision (a) or (b) shall be surrendered to <br />the chief of police of the City of Santa Ana. The chief of <br />police to whom the weapons are surrendered, except upon the <br />certificate of a judge of a court of record, or of the City <br />Attorney of Santa Ana that the retention thereof is necessary <br />or proper to the ends of justice, may annually, between tl~e <br />1st and 10th days of July, in each year, offer the weapons, <br />wbich the officers in charge of them consider to have value <br />with respect to sporting, recreational or collection purposes, <br />for sale at public auction to persons licensed under federal <br />law to engage in business involving any weapon purchased. <br />If any weapon has been stolen and is thereafter recovered <br />from the thief or his transferee,, or is used in such a <br />manner as to constitute a nuisance pursuant to subdivision <br />(a) or (b) without the prior knowledge of its lawful owner <br />that it would be so used, it shall not be so offered for <br />sale but shall be restored to the lawful owner, as soon as <br />its use as evidence has been served, upon identification of <br />the weapon and proof of ownership. <br /> <br /> (d) If, under this section, a weapon is not of <br />the type that can be sold to the public, generally, or is <br />not sold pursuant to subdivision (c), the weapon shall, <br />between the 1st and 10th days of July, next succeeding, be <br />destroyed so that it can no longer be used as such weapon. <br /> <br /> (e) This section shall not apply to any firearm <br />in the possession of the Department of Fish and Game or <br />which was used in the violation of any provision of law, or <br />regulation thereunder, in the Fish and Game Code. <br /> <br /> <br />
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