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Thread: Additional San Francisco Firearms Ordinances

  1. #1
    Newbie cato's Avatar
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    http://www.municode.com/resources/ga...4140&sid=5

    San Francisco City/County Ordinances

    SEC. 3602. CARRYING OF FIREARMS PROHIBITED WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG.


    (a)It shall be unlawful for any person who is under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, to have upon his or her person a firearm.

    (b)It shall be unlawful for any person who has 0.10 percent or more, by weight, of alcohol in his or her blood to have upon his or her person a firearm.

    For the purposes of this Article, percent, by weight, of alcohol shall be based upon grams of alcohol per 100 milliliters of blood.

    (c)It shall be unlawful for any person who is addicted to the use of any drug to have upon his or her person a firearm. This provision shall not apply to a person who is participating in a methadone maintenance treatment program approved pursuant to Article 3 (commencing with Section 4350) of Chapter 1 of Part 1 of Division 4 of the California Welfare and Institutions Code.

    (Added by Ord. 399-82, App. 8/12/82)

    SEC. 3603. POSSESSION OF FIREARMS PROHIBITED WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES.

    (a)It shall be unlawful for any person present upon public premises selling or serving alcoholic beverages to possess upon those premises a firearm.

    (b)Subsection (a) shall not apply to any of the following:

    (1)Peace officers listed in Sections 830.1, 830.2, 830.3, 830.31, 830.4, 830.5, and 830.6 of the California Penal Code, full-time paid peace officers of other states and the federal government who are carrying out official duties while in California, or any person summoned by any such officers to assist in making arrests or preserving the peace while such person is actually engaged in assisting such officer;

    (2)Any person owning, operating or managing said public premises, or any officer, employee, or agent authorized by such person to possess a firearm upon said public premises for lawful purposes connected therewith.

    (c)Nothing in this Section shall be interpreted or applied so as to conflict with the preemptive effect of any State law prohibiting the carrying of a loaded firearm in a public place.

    (Added by Ord. 399-82, App. 8/12/82)



    Update Added:

    Found this in the SF code:

    I read (with my academy trained mind - but my ABC class was a long time ago) "d" to mean basically "bar". Most other establishments like restaurants and 7-11's appear to be not prohibited.

    SEC. 3601. DEFINITIONS.
    Unless the provision or context otherwise requires, the following definitions shall govern the construction of this Article:
    (a) "Alcoholic beverage" includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the California Business and Professions Code, intoxicating liquor, malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages. For purposes of this Article, alcoholic beverage includes a mixture of one or more alcoholic beverages ingested separately or as a mixture.
    (b) "Firearm" means (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. Such term does not include an antique firearm...

    ...(d) "Public premises" includes (1) premises licensed with any type of licenses other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages; (2) premises licensed with an on-sale beer license, in which food shall not be served or sold to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold or served.
    (e) "Carrying" a firearm means to hold or bear said firearm upon one's person.
    (f) "Possessing" a firearm means to own, have or keep said firearm.


  2. #2
    State Pioneer ConditionThree's Avatar
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    cato wrote:
    SEC. 3603. POSSESSION OF FIREARMS PROHIBITED WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES.

    (a)It shall be unlawful for any person present upon public premises selling or serving alcoholic beverages to possess upon those premises a firearm.

    (b)Subsection (a) shall not apply to any of the following:

    (1)Peace officers listed in Sections 830.1, 830.2, 830.3, 830.31, 830.4, 830.5, and 830.6 of the California Penal Code, full-time paid peace officers of other states and the federal government who are carrying out official duties while in California, or any person summoned by any such officers to assist in making arrests or preserving the peace while such person is actually engaged in assisting such officer;

    (2)Any person owning, operating or managing said public premises, or any officer, employee, or agent authorized by such person to possess a firearm upon said public premises for lawful purposes connected therewith.

    (c)Nothing in this Section shall be interpreted or applied so as to conflict with the preemptive effect of any State law prohibiting the carrying of a loaded firearm in a public place.

    (Added by Ord. 399-82, App. 8/12/82)
    Wow. Talk about muddy wording.

    It shall be unlawful for any person present upon public premises selling or serving alcoholic beverages to possess upon those premises a firearm.

    So you cannot possess a firearm while selling or servingalcohol on public premises?... Or is it possess a firearm where alcohol is sold or served on public premises? You dont figure out what it means until you read the exemptions. It is interesting to note, that subdivision 'c' acknowledges preemption andthat it is otherwise lawful to carry a firearm in a public place.

    BUT -This also doesnt define the exact vicinity where this law is applied. So, hypothetically, you could be at a sporting event where alcohol is sold or served- such as a ball game, a race track or other sporting arena and be in violation of the law, even though you are no where near where the alcohol is being vended.

    This little law eliminates concealed or exposed carry at grocery stores, liquor stores, convenience stores, restaurants that serve alcohol, hotels with room service, banquet service, or a restaurant that serves alcohol, county fairs or carnivals that vend alcohol, sporting arenas or events where alcohol is vended. That still leaves banks and other financial institutions- I guess that's good.:P
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    Newbie cato's Avatar
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    ConditionThree wrote:
    This little law eliminates concealed or exposed carry at grocery stores, liquor stores, convenience stores, restaurants that serve alcohol, hotels with room service, banquet service, or a restaurant that serves alcohol, county fairs or carnivals that vend alcohol, sporting arenas or events where alcohol is vended. That still leaves banks and other financial institutions- I guess that's good.:P
    And no exemption for PC 12050 LTC holders. Just as LTC's aren't exempt from CCR 4313 (state park / beaches possession ban), I don't see the state prohibiting regulation of carry in such "premises" by cities/counties ordinances through preemtion as we've seen the possession bansupheldfor county properties. I'll have to go read 12050 AGAIN!

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    Newbie cato's Avatar
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    .

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    I'm sure this has been covered, but I can't find anything about this on this forum...

    I'm guessing that since SF had to pass an ordinance, there is no state law covering possession of a firearm while on premises where alcohol is sold/served. Also looks like there's no state law restricting RKBA while under the influence.

    Just wondering if there's anything I'm missing.
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    CA_Libertarian wrote:
    Just wondering if there's anything I'm missing?
    Not that I know of.

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    Campaign Veteran marshaul's Avatar
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    cato wrote:
    ...(d) "Public premises" includes (1) premises licensed with any type of licenses other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages; (2) premises licensed with an on-sale beer license, in which food shall not be served or sold to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold or served.
    (e) "Carrying" a firearm means to hold or bear said firearm upon one's person.
    (f) "Possessing" a firearm means to own, have or keep said firearm.
    Interesting. Seems to be pretty specifically tying to indicate "bars." Good to know.

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