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