§ 9.36.430. Prohibition on the sale of compact handguns.

As of the effective date of this article:

A.

No firearms dealer in Oakland shall transfer the title of any compact handgun as defined herein to any person. This section shall not preclude a wholesale or retail gun dealer from processing firearms transactions between unlicensed parties pursuant to Section 12072(d) of the Penal Code of the state of California.

B.

For the purposes of this section, the redemption of a compact handgun covered by this article pledged to a pawnbroker prior to the effective date of this ordinance shall not be deemed the sale or transfer of title of that handgun. However, a dealer may not rely on this exemption unless the transaction involved the redemption of a handgun pawned to a pawnbroker by the purchaser.

C.

Each dealer shall post a sign in a conspicuous place with letters at least one inch high stating the obligations and restrictions of dealers under this ordinance, pursuant to direction by the Oakland Police Department.

D.

The provisions of this section shall not apply to the following:

1.

Any law enforcement agency;

2.

Any agency duly authorized to perform law enforcement duties;

3.

Any state or local correctional facility;

4.

Any private security company licensed to do business in the state of California;

5.

Any person who is properly identified as a full-time paid peace officer, as defined in Section 830.1, 830.2, 830.4, or 830.5 of the Penal Code of the state of California, and who is authorized to carry a firearm during the course and scope of his or her employment as a peace officer;

6.

Any antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code;

7.

Any motion picture, television, or video production company, or entertainment or theatrical company whose production involves the use of an ultracompact firearm, and which secures such from unauthorized use;

8.

Any person who is exempt from the provisions of subdivision (d) of Section 12072 of the Penal Code of the state of California;

9.

Any person or entity conducting a transaction described in subdivision (k) of Section 12078 of the Penal Code of the state of California;

10.

Any person who is licensed as a collector pursuant to Chapter 44, (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071 of the Penal Code of the state of California;

11.

Any person or entity acquiring a compact handgun by bequest or intestate succession.

(Ord. 12210 § 1(part), 2000)