§ 3601A.

PENALTY FOR SALE, DISTRIBUTION, TRANSFER, AND MANUFACTURE OF FIREARMS AND AMMUNITION OR POSSESSION OF HANDGUNS WITHIN CITY AND COUNTY OF SAN FRANCISCO

a.

In enacting Proposition “H” the voters required the Board of Supervisors to enact penalties for its violation. The following sections set forth the penalties for violation of Proposition H.

b.

Any person who shall violate the provisions of Police Code Section 3600A that prohibit the sale, distribution, transfer and manufacture of all firearms and ammunition within the limits of the City and County of San Francisco or that prohibit the possession of any handgun within the limits of the City and County of San Francisco shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 and by imprisonment in the County Jail not to exceed six months, or by both.

c.

Any firearm or ammunition sold, distributed, transferred, or manufactured or any handgun possessed within the City and County of San Francisco in violation of the provisions of Police Code Section 3600A is hereby declared to be a nuisance, and shall be surrendered to the Police Department of the City and County of San Francisco. The Chief of Police is authorized to seize such firearms, ammunition and handguns and shall destroy or cause to be destroyed such firearms, ammunition and handguns, except upon the certificate of a judge of a court of record, or of the District Attorney that the preservation thereof is necessary or proper to the ends of justice.

d.

This Section shall be enforced to the full extent of the authority of the City and County of San Francisco. If any subsection, sentence, clause, phrase, or word of this Section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Section which can be given effect without the invalid or unconstitutional provision or application. To this end, the provisions of this section shall be deemed severable.

History

(Added by Ord. 55-06, File No. 060151, App. 3/31/2006)

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