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View Full Version : San Diego "Assault Weapon" Municipal Code???


Stanze
02-27-2006, 10:18 AM
One of my friend's was told at a gun shop that the Remington 11-87 Police Model was not offered at that store because it's banned in San Diego, and if he really wanted it, to buy it at their San Marcos location. We both thought he was wrong, but turns out he was right!:eek:

http://clerkdoc.sannet.gov/RightSite/getcontent/local.pdf?DMW_OBJECTID=09001451800ac964

A "Assault Weapon" in San Diego is defined as ANY shotgun with a folding stock or a magazine that holds more than 6 rounds.:mad:

A "Assault Weapon" in San Diego is defined as a semi-auto rifle that accepts a detachable magazine of 20 rounds or more.:mad:

Any weapon which may be readily restored to a "operable" "Assault Weapon".

Any part or combination of parts, designed or intended to convert a weapon into a "Assault Weapon", or any combination of parts which may be readily assembled, if those parts are in control of the same person.

WTF???:confused:

C.G.
02-27-2006, 10:31 AM
Not only that, they are also listing M1A and M14 as an assault weapon.

blacklisted
02-27-2006, 10:31 AM
Here's some of the text:

[quote]

(a) The term “assault weapon,” as used in this Section, shall include:
(1) Any semiautomatic action, center fire rifle or carbine which accepts a
detachable magazine with a capacity of twenty (20) rounds or more,
with a barrel of more than sixteen (16) inches, including but not
limited to the following firearms or their copies: AR 15 semiautomatic
assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram
Mac–10 semiautomatic assault carbines, Ingram Mac–11
semiautomatic assault carbines, Heckler and Koch 93 semiautomatic
assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK–
47 semiautomatic assault rifles, AKM–47 semiautomatic assault rifles,
all Avtomat Kalashnikov weapons, M1–A semiautomatic assault
rifles, M–14 semiautomatic assault rifles, Thompson semiautomatic
carbines and any other semiautomatic carbines manufactured by Auto
Ordnance;
(2) Any shotgun with a barrel of more than eighteen (18) inches and a
folding stock or magazine capacity of more than six (6) rounds;
(3) Any weapon which may be readily restored to an operable assault
weapon, as defined in paragraphs 1 and 2 above; and
(4) Any part, or combination of parts, designed or intended to convert a
weapon into an assault weapon, as defined above in paragraphs 1 and
2, or any combination of parts from which an assault weapon may be
readily assembled, if those parts are in the possession or under the
control of the same person.
(b) As used in this Section, the term “semiautomatic” means a weapon which
fires a single projectile for each single pull of the trigger and which employs a
magazine.

blacklisted
02-27-2006, 10:33 AM
Well, now I can't edit my post somehow. It also went from the second to third post :confused:

blacklisted
02-27-2006, 10:40 AM
(d) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police
officer, as defined in subdivision (a) of Section 830.1, a member of the
University of California Police Department, as defined in subdivision (d) of
Section 830.2, and a member of a California State University Police
Department, as defined in subdivision (e) of Section 830.2, during the
performance of his or her duties within the City of San Diego may take
temporary custody of any assault weapon in plain sight or discovered pursuant
to a consensual search as necessary for the protection of the peace officer or
other persons of the City of San Diego.

blacklisted
02-27-2006, 10:42 AM
Is any of this even enforced?

So, the weapon in an assault weapon. What difference does this make? Does it make the penalty for a crime worse? Does it restrict the sale of such firearms?

jtyoshi
02-27-2006, 10:47 AM
"Any semiautomatic action, center fire rifle or carbine which accepts a
detachable magazine with a capacity of twenty (20) rounds or more,
with a barrel of more than sixteen (16) inches..."

Wouldn't that basiclly be ALL rifles with detachable magazines? (Assuming somewhere somne has made a 20+ round mag for it)

CA requires a 16in barrel....
Keltecs, Ruger PC9's, M1Carbines ect... all have high cap magazine availible...

***A thought***
Yeah they define it as a ASSUALT Weapon... but what is the punishment?
Fedreal Gov: Assualt weapon, State: Assault Wepon and City: Assualt weapon all carried different rules/punishments?

Stanze
02-27-2006, 10:53 AM
***A thought***
Yeah they define it as a ASSUALT Weapon... but what is the punishment?


The ability to legally confiscate your gun, destory it and hold the gun charge over your head would be punishment enough.

This blows.

bwiese
02-27-2006, 10:53 AM
Hasn't this been challenged/removed due to preemption suits by gun organizations?

Chuck Michel got San Francisco, fer gawdsakes, to kill its own AW ban due to state preemption in the field.

s u b k 0 r
02-27-2006, 11:01 AM
hmm - so they take it for 2 but no longer than 3 days? ??

(f) Upon taking custody of an assault weapon, the officer shall give the owner or person who possessed the assault weapon a receipt. The receipt shall describe the assault weapon and list any identification or serial number on the assault weapon. The receipt shall indicate where the firearm can be recovered and the date after which the owner or possessor can recover the assault weapon. No assault weapon shall be held less than forty–eight (48) hours. If an assault weapon is not retained for use as evidence related to criminal charges or is not retained because it was illegally possessed, the assault weapon shall be made available to the owner or person who was in lawful possession forty–eight (48) hours after the seizure or as soon thereafter as possible, but no later than seventy–two (72) hours after the seizure.

Stanze
02-27-2006, 11:02 AM
hmm - so they take it for 2 but no longer than 3 days? ??

(f) Upon taking custody of an assault weapon, the officer shall give the owner or person who possessed the assault weapon a receipt. The receipt shall describe the assault weapon and list any identification or serial number on the assault weapon. The receipt shall indicate where the firearm can be recovered and the date after which the owner or possessor can recover the assault weapon. No assault weapon shall be held less than forty–eight (48) hours. If an assault weapon is not retained for use as evidence related to criminal charges or is not retained because it was illegally possessed, the assault weapon shall be made available to the owner or person who was in lawful possession forty–eight (48) hours after the seizure or as soon thereafter as possible, but no later than seventy–two (72) hours after the seizure.

I didn't see that, so confused.

shopkeep
02-27-2006, 11:04 AM
After Chuck's victory in San Francisco the San Diego ordinance will likely become defunct. No DA will attempt prosecution because the result is assured to be a victory for the defense. Hence, just keep your M-14 in the closet until Chuck's done up in Frisco.

DV8
02-27-2006, 11:04 AM
What store was it?

Stanze
02-27-2006, 11:10 AM
What store was it?

Turner's in San Diego.

50 Freak
02-27-2006, 11:13 AM
That sucks, so I can be charged with having a illegal AW M14/M1A (which is legal under state and federal laws, just not in San Diego?).

Wow, pretty soon your M-14/M1A will be legal on certain cities but not in others.

Courts are going to have to step in on this one and make the laws more reasonable for the average layman to understand and follow.

This is ridiculous.

s u b k 0 r
02-27-2006, 11:20 AM
Anyone else waiting for the banning of "the use of the index finger for operating trigger fired weapons"? :)

shopkeep
02-27-2006, 11:44 AM
The Roberti Roos ban may eventually grow to the point where it's ruled unconstitutional because it's too vague. Give it a couple more bans and a couple thousand more "Assault Weapons" to reach that point :)...

ArmedBear
02-27-2006, 11:54 AM
Weird.

Turners in Kearny Mesa sells M1A rifles, AFAIK.

If not, I've certainly seen them at other shops, including one where cops are often around buying guns or having them repaired.

Stanze
02-27-2006, 12:10 PM
Weird.

Turners in Kearny Mesa sells M1A rifles, AFAIK.

If not, I've certainly seen them at other shops, including one where cops are often around buying guns or having them repaired.

Maybe to them it's one thing selling a semi-auto rifle with a 10 rounder installed(legal or maybe a gray area in SD law), and another selling a shotgun with a 7 round mag already installed?

DV8
02-27-2006, 2:00 PM
Just go to socal guns, discount gunmart or asc. No hassle there....

vrylak
02-27-2006, 2:10 PM
I was reading it last nite, now I'm not, too, sure who said it here, too, sleepy to even remember the thread that, and I'll quote, that no city or county can lay down their own separate gun control laws, only the state has the power to do that which makes Prop H in San Francisco illegal in the first place, unquote.

C.G.
02-27-2006, 2:26 PM
I was reading it last nite, now I'm not, too, sure who said it here, too, sleepy to even remember the thread that, and I'll quote, that no city or county can lay down their own separate gun control laws, only the state has the power to do that which makes Prop H in San Francisco illegal in the first place, unquote.

That is why the last SF ban did not go through.

TheMan
02-27-2006, 2:54 PM
Anyone else waiting for the banning of "the use of the index finger for operating trigger fired weapons"? :)

That won't be a problem. I have another finger for the state of CA anyhow ;)

grammaton76
02-27-2006, 5:19 PM
Anyone know how old this law is?

It's astonishingly toothless though. It gives them the (oooo) power to hold onto your guns for between 48 and 72 hours! If the state AWB didn't have felonies associated and just said, "Eh, if we see it and feel threatened we can grab it for a couple days but have to give it back", I'd really like that to happen.

I was reading it and until I got to the penalties, I was thinking, "Crap - almost everything in my safe is an assault weapon!"

No_Brakes23
02-27-2006, 6:10 PM
So if I defend my family from a home intruder with a Rem870 with a 3 round Choate extension, (Making it a 7 round magazine,) I am gonna get busted for having an "assault rifle?" And my brand new SU-16CA with factory, state legal 10 round detachable magazines is illegal as well?

My pre-35 model 1893 Marlin lever action with a 9 round magazine is not an heirloom, like I thought, it is an Assault Weapon.

Hunh.

Good thing I am moving out of Cali soon.

TKo_Productions
02-27-2006, 6:17 PM
If any of you want to get rid of your illegal "assault weapons" I'm sure that they'll find a nice home up here in Los Angeles with me!

:D

Rumpled
02-27-2006, 7:06 PM
I find this is a bit surprinsing since San Diego is such a military town and has so many retirees as well.

As far as toothless, maybe it's just a revenue scam. Now cities can charge you to return your own gun. LA County is now chargins something like $58 per. What if SD just went and rounded up all the M1A's and returned them at $50 a pop?

grammaton76
02-27-2006, 8:24 PM
So if I defend my family from a home intruder with a Rem870 with a 3 round Choate extension, (Making it a 7 round magazine,) I am gonna get busted for having an "assault rifle?" And my brand new SU-16CA with factory, state legal 10 round detachable magazines is illegal as well?

I could see them taking your guns during the search, but I'm pretty sure you'd see them again - and "assault weapon" here is misleading, they don't mean the same thing by AW as the state does, nor do the associate the state's AW penalties to SD "AW's". I haven't heard anyone scream about it in all the years I've been here. I'm pretty sure that it's never enforced... probably just put on the books for another thing they can harrass you with if they're there for what they view as a good reason.

TKM
03-01-2006, 7:35 PM
Lets face it.

The San Diego City Council is not now, nor has ever been, overly troubled by a case of the smarts.

Jicko
03-01-2006, 9:39 PM
Does that means we can't go the "non-evil" gripless AR route!?!?!?

ghettoshecky
03-02-2006, 9:06 AM
Weird.

Turners in Kearny Mesa sells M1A rifles, AFAIK.

If not, I've certainly seen them at other shops, including one where cops are often around buying guns or having them repaired.

Yeah I live in San Diego too, I've seen the M1A at SoCal Guns and American Shooting Center, both in Kearny Mesa! I think I just might go in soon to buy one and see what happens!

paladin4415
03-02-2006, 10:25 AM
This San Diego muni code only allows an officer to take a "legally owned" weapon into his/her custody for 48 hrs. if they feel that the public safety would be somehow in jeopardy if they left it where they found it. The weapon will be returned, free of any charge or charges after 48 hrs., if the weapon is not stolen or the person they took it from is not able to legally possess said weapon under state law (a felon etc.).
The clerk at Turners just made a understandable mistake. All the gun shops are very paraniod and confused about all the laws right now. they don't want to risk losing their licenses.

Crazed_SS
03-02-2006, 2:49 PM
Hmm odd..

I just bought a Remington 870 Tactical (20" Barrel) with 7rd mag capacity from Turners in Kearny Mesa (City of San Diego)

Every gun shop in the area has M1A's and Mini-14's on the shelf.

EDIT: Im confused here.. I read this code. It sounds like it is only defining what the city considers to be an AW and that the cops can hold it if they think necesary.. Am I missing something.. where does it say we cant own M1A's and Shotguns with 7rd mags.

grammaton76
03-02-2006, 3:13 PM
Am I missing something.. where does it say we cant own M1A's and Shotguns with 7rd mags.

It doesn't. The SD "AW" law isn't particularly scary at all - no penalties for ownership or anything other than temporary confiscation IF they feel you're a danger. That's it.

Crazed_SS
03-02-2006, 3:29 PM
Ah cool.. I was starting to get worried for a sec :)

taloft
03-02-2006, 8:59 PM
No worries. I've lived here most of my life. Never had a problem with the LEO's over this. They will confiscate any firearm they see while on a call. This is just for their own protection. They will give the firearm back to you when they get ready to leave unless there is a good reason not to.

If your belligerent, drunk, high, or violent etc. You will be picking up your gun at the station in a couple of days, if you get it back at all.

I purchased my Russian SKS at SoCal Guns in Kearny Mesa. It was a consignment sale. I had no problems. I've seen people I know picking up M1A's etc. Most of San Diego County is unincorporated and this won't apply to you unless you are in SD city limits.

Now why they specified AW's is the question. A single shot can kill you just as dead as 100.

ArmedBear
03-03-2006, 6:34 AM
It doesn't. The SD "AW" law isn't particularly scary at all - no penalties for ownership or anything other than temporary confiscation IF they feel you're a danger. That's it.
Hmmm...

So, even more amusingly, if the local yokels think I'm a "danger", whatever that means, and I have a stock 870 with 5-round capacity, that's okay?

I have a REAL problem with the cops deciding who is a "danger" without any specific legal criteria. Hell, I believe that even most felons, once they're done with their penalty as prescribed by the courts, should have the right to keep and bear arms for self-defense. But I'll put aside my libertarian issues with this law for a moment.

Let's say there is a legitimate reason to temporarily disarm someone, like he has been running around the neighborhood on PCP, wearing nothing but a pink hockey goalie facemask, and saying "I want to shoot all the children!", the cops can only take his shotguns into protective custody if they have extended magazines?:o

grammaton76
03-03-2006, 10:44 AM
So, even more amusingly, if the local yokels think I'm a "danger", whatever that means, and I have a stock 870 with 5-round capacity, that's okay?

Well, I believe the law states a danger to the OFFICER doing the search. Like most laws in California, this law doesn't care what the danger to private citizens is, however we do need to make sure all government employees are as safe as possible.

I have a REAL problem with the cops deciding who is a "danger" without any specific legal criteria. Hell, I believe that even most felons, once they're done with their penalty as prescribed by the courts, should have the right to keep and bear arms for self-defense. But I'll put aside my libertarian issues with this law for a moment.

I find myself agreeing with this more and more as time goes on. "If you can't trust a man with a gun, you can't trust him to walk free either."

Let's say there is a legitimate reason to temporarily disarm someone, like he has been running around the neighborhood on PCP, wearing nothing but a pink hockey goalie facemask, and saying "I want to shoot all the children!", the cops can only take his shotguns into protective custody if they have extended magazines?:o

Ah! No, no, see that's only protecting the children and citizens. They don't matter, since the only people that need to be protected from this guy are LEOs! :)