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J CITY OF SAN BERNORDINO - REQUEST .QR COUNCIL ACTION
From: James F. Penman, City Attorney
Subject: Prohibition of the sale and
brandishing of replica or
facsimile firearms
Dept: City Attorney
Da~: June 16, 1988
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Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council held June 6,
1988, legislation relative to the prohibition of sale of
firearms was continued to June 20, 1988.
Recommended motion:
That further reading of said ordinance be waived and said
ordinance laid over for final passage.
r ,,:t._
Signature
Contact person:
James F. Penman
Phone:
5255
Supporting data attached:
Yes
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262
Agenda Item No
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.90
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE PROHIBITION
OF THE SALE AND BRANDISHING OF REPLICA OR FACSIMILE FIREARMS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 8.90 Section 8.90.010 is added to the
San Bernardino Municipal Code to read as follows:
"Chapter 8.90
Sale and Brandishing of Replica or Facsimile Firearms
8.90.010 Prohibition of Sale.
No person shall display,
market for sale. or sell any replica or facsimile of a firearm in
13 the City of San Bernardino.
The provisions of this subsection
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shall not apply to any replica or facsimile firearm which.
because of its distinct color, exaggerated size, or other design
feature, cannot reasonably be perceived to be a real firearm.
8.90.020 Brandishing.
Except in self defense, no person
shall draw, exhibit, or brandish a replica or facsimile of a
firearm or simulate a firearm in a rude, angry, or threatening
20 manner, with the intent to frighten, vex, harrass, or annoy any
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other person.
8.90.030 Brandishing a replica firearm in the presence of
a public safety officer.
No person shall draw, exhibit. or
brandish a replica or facsimile of a firearm or simulate a
firearm in the presence of a peace officer, fire fighter,
emergency medical technician, or paramedic engaged in the
.
27 performance of his/her duties, and the person committing such
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brandishing knows or has reason to know that such police officer,
fire fighter, emergency medical technician, or paramedic is
engaged in the performance of his/her duties.
8.90.040 Definitions..
A. "Firearm' shall have the same meaning as the term
'firearm' under the Dangerous weapons Control Law of the state of
California.
B. "Replica or facsimile of a firearm' shall mean any
device or object made of plastic, wood, metal, or any other
material which is a replica, facsimile. or toy version of, or is
otherwise recognizable as. a pistol, revolver, shotgun, sawed off
shotgun, rifle, machine gun, rocket launcher. or any other
firearm. As used in this section, 'replica or facsimile of a
firearm' shall include, but is not limited to, toy guns, movie
props, hobby models (either in kit form or fully assembled),
starter pistols, air guns, inoperative firearms, or any other
device which might reasonably be perceived to be a real firearm.
8.90.050 Exceptions. The provisions of this Chapter shall
not apply to a replica or facsimile of a firearm which is solely
for lawful use in theatrical productions, including motion
pictures, television and stage productions."
vote, to wit:
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AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this day
of
. 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
C~
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