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HomeMy WebLinkAbout9241I I ORDINANCE NO. 9241 Ali ORDINANCE REGULATING THE SALE AND TRANSFER OF PISTOLS, PROHIBITING THE POSSESSION OF PISTOLS BY CERTAIN PERSONS, PROVIDING FOR MANUFACTURER AND DFALER. LICENSES, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARK&NSAS: SECTION 1. Definitions. (a) The term "person" as used in this ordinance includes any individual, partnership, association or corporation. (b) The term "pistol" means any firearm with a barrel less than twelve inches in length, except cap and ball, flintlock, wheell.ock or matchlock hand guns. (c) The term "manufacturer or dealer" means any person engaged in the business of manufacturing or selling pistols at wholesale or retail, or of accepting or pledging pistols as security for loans. (d) The term "gun collector" means any person who as a hobby but not for profit shall collect and traffic in pistols. (e) The term "crime of violence" means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kid- napping, burglary, robbery; assault with intent to kill, commit rape or rob; or assault with intent to commit any offense punishable by imprisonment for more than one year. (f) The term "fugitive from justice" means any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or imprison- ment for a crime of violence. SECTION 2. (a) It shall be unlawful for any manufacturer, dealer or gun collector, except a manufacturer, dealer or gun collector having a license issued under the provisions of Section 4 of this ordinance, to sell any pistol at wholesale or retail, or to lease, or to pledge or accept any pistol as security for a loan. (b) unloaded. (c) When delivered, all pistols must be securely wrapped and must be It shall be unlawful for any person to sell, lease, lend, FJ 'L -2- or otherwise transfer a pistol to any person whom he knows or has reasonable cause to believe has been convicted of a crime of violence, or who is a fugitive from justice, or who is of unsound mind, or who Is a drug addict or who is under the influence of liquor at the time of sale. (d) No manufacturer, dealer or gun collector shall sell, lease, lend or otherwise transfer to any person any pistol until 72 hours after such person has made written application for such transfer with the manufacturer, dealer or gun collector. Such application shall be made on a duplicate form prescribed by the Chief of Police. -Such manufacturer, dealer or gun collector shall, within twenty -four hours after application is made, forward the duplicate to the Chief of Police. SECTION 3. (a) It shall be unlawful for any person who has been convicted of a crime of violence in any court of the United States, the several States, territories, possessions or the District of Columbia, or who is a fugitive from justice, to possess a pistol within this City. (b) It shall be unlawful for any person under the age of eighteen to possess a pistol. The provisions of this paragraph shall not apply to the issue of pistols to members of the State Militia, R.O.T.C., or Armed Forces of the 'United States for training or active duty. (c) It shall be unlawful for any person to sell, lease, lend, or otherwise transfer a pistol to any person under eighteen years of age except as provided in paragraph (b) above. (d) It shall be unlawful for any dealer to' display any pistol or imitation thereof, or placard advertising the sale thereof in any part of the premises where it can readily be seen from the outside. (e) It shall be unlawful for any person to obliterate, remove, change, or alter the manufacturer's identification mark or number on any pistol. (f) It shall be unlawful for any person to purchase, receive, possess, sell, lease or otherwise transfer any pistol from which the manufacturer's identification mark or serial number has been removed. (g) A true record shall be made by each licensed manufacturer, dealer or gun collector of each pistol sold, pledged as security for a loan, transferred or otherwise disposed of at wholesale or retail. This record shall contain the date of sale (or the dates of pledge and redemption for a loan), the caliber, make, model and manufacturerls { I 3 number of the pistol and the name and address of the purchaser (or person depositing the firearm as security for a loan). Such record shall be retained by the manufacturer, dealer or gun collector for a period of three years follow- ing the date of such sale and shall be open to inspection during ordinary business hours by any municipal, state or federal law enforcement officer. SECTION 4. Ya.nufacturerst, Dealers' and Gun Collectors' Licenses. (a) Application for manufacturer's, dealer's or gun collector's license shall be made to the Chief of Police on forms prescribed and furnished by him. In the case of manufacturers and dealers, the application shall indicate the business name of the applicant, the business address, the name and home address of the proprietor, proprietors (if a partnership), or of the president and secretary (if a corporation), and such other pertinent information as may be required by the Chief of Police. In the case of gun collectors, the application shall indicate the name of the applicant, home address and location of his collection. The application may be filed in person or by United States mail. It shall be accompanied by the license fee. The Chief of Police, when satisfied that the applicant is of good repute, shall within thirty days of the date of receipt of the application shall furnish the City Collector with a copy of the approved application as required by this ordinance and the City Collector shall issue a license. Such license shall expire on December 31st of each year, however the Chief of Police may at his discretion, revoke any license issued under the provisions of this ordinance at a+me, that in his opinion, the licensee has violated this ordinance. A new application must be filed whenever there is a change in the business address or proprietorship of the licensee. (b) The license fee for dealers and manufacturers shall be Fifteen Dollars (415.00) annually, and for gun collectors Two Dollars 02.00) annually, payable to the City Collector. The fee charged in this ordinance is in addition to the Privilege Tax levied by ordinance No. 7444. (c) Should the Chief of Police determine that the applicant is not a suitable person to be licensed under the provisions of this ordinance, the applicant shall be so notified in writing within thirty days of the date of receipt of the application by the Chief of Police and the license shall be refused. (d) Any person aggrieved by the refusal of a license may appeal to the Circuit Court of Pulaski County. (e) 11,Jhenever any licensee is convicted of a violation of any of the provisions of this ordinance, it shall be the duty of the Clerk of the Court to notify the Chief of Police within forty— eight hours after such conviction, but said Chief of Police may permit the licensee to continue business until notified by the Clerk of the Court of last appeal as to the final disposition of the case. Thereupon, he shall revoke the license. (f) Any license revoked for violation of this ordinance as provided in paragraph (-) of this Section shall not be renewed within five years of the date of revocation. SECTION 5 . (a) No person shall,in applying for a license as a manufacturer, dealer or gun collector, gi149,,false information or offer false evidence of his identity. (b) No person shall give false- information concerning the matters referred to in Section 3,.-, ,subsection (a) of this ordinance -k or concerning his age, or his name and d ddress or offer false evidence of his identity when purchasing a pistol. SECTION 6. Any person violating any of the preceding provisions of this ordinance shall upon conviction thereof be fined not more than Two Thousand Dollars ($2,000.00) or imprisoned for not more than one year or both such fine and imprisonment. SECTION 7. Should any section or subsection of this ordinance be declared unconstitutional, the remaining portion of the ordinance shall remain in full force and effect. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage and approval. PASSED: June 8, 1953 ATTEST: APPROVED: City Clerk Mayor