HomeMy WebLinkAboutORD NO 442EMERGENCY ORDINANCE N0.~A~YNEW SERIES
AN EMERGENCY ORDINANCE PROHIBITING THE CARRYING'OF
FIREARMS CAPABLE OF BEING CONCEALED UPONTHE PERSON
~THIN TEE LIMITS OF THE CITY OF BAKERSFIELD; PRO-
VIDING A PENALTY FOR VIOLATION HEREOF; DECLARING
THE EMERGENCY OF THIS ORDINANCE AND PROVIDING THAT
IT TAKE EFFECT ON AND AFTER OCTOBER 3, 1934.
WHEREAS, the welfare of the inhabitants of the City of
Bakersfield requires the passage of an emergency ordinance pro-
htbitlng the carrying of firearms capable of being concealed upon
the person,
NOW, THE~EFORE, BE IT 0RDAINED BY THE COUNCIL OF THE
CITY OF BAKERSFIELD, as follows:
SECTION 1.
Except as otherwise provided in this ordinance, it shall
be unlawful for any person within the City of Bakersfield to carry
upon his person in an open holster or otherwise, any pistol, re-
volver or other firearm capable of being concealed upon the person,
without having a license to carry such firearm.
SECTION 2.
Nothing in Section 1 shall be construed to apply to or
affect sheriffs, constables, marshals, policemen, whether active or
honorably retired, or other duly appointed peace officers, nor to any
person summoned by any such officers to assist in making arrests or
preserving the peace while said person so summoned is actually en-
gaged in assisting such officer; nor to the possession or transporta-
tion by any merchant of unloaded firearms as merchandise; nor t o mem-
bers of the army, navy or marine corps of the United States, or the
national guard, when on duty, or to organizations which'are by law
authorized to purchase or receive such weapons from the United States,
or from the State of California; nor to duly authorized military or
civil organizations while parading, nor to the members thereof
when going to and from the places of meeting of their respective
organizations; nor to the guards or messengers of co~m~on carriers~
.' .. · .~:
banks and other financial institutions while actually employed in
and about the shipment, transportation or delivery of any money,
treasure, bullion, bonds or other thi~Ag of value within this city;
nor to members of any club or organization now existi.ng, or here-
after organized, for the purpose of practicing shooting at .targets
upon established target ranges, whether public or private, while such
members are going to and from such ranges; nor to licensed hunters
or fishermen while going to or returning from such hunting or fish-
ing expedition.
SECTION 3.
The unlawful carrying upon the person of any pistol,
revolver o~ other firearm capable of being concealed upon the
person is a nuisance. Any such weapon taken from the person of
any person unlawfully carrying the same shall be disposed of as
is provided for the disposition of weapons in Section V of the
Concealed Weapon Act of the state of California as the same now is
or may hereafter be amended.
SECTION 4.
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be punished by a fine not exceeding Three Hundred
($300.00) Dollars, or by imprisonment in the County Jail for a period
not to exceed ninety (90) days, or by both such fine and imprisonment.
SECTION 5.
If any section, sub-section, clause, phrase or sentence of
this ordinance is for any reason held to be unconstitutional such
decision shall not affect the validity of the remaining sections of
this ordinance. The Council hereby declares that it would have
passed this ordinance, and each section, sub-section, clause, phrase
or sentence thereof, irrespective of the fact that any one or more
other sections, sub-sections, clauses, phrases or sentences be de-
clared unconstitutional.
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SECTION S.
This ordinance is declared to be an emergency ordinance
within the meaning of Section 24 of the Charter of the City of Bak-
ersfield, State of California, and necessary for the immediate pre-
servation of the public peace, welfare and safety, and shall take
effect on and after 0ctober.3, 1934. "
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I EEEEBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield on the 1st
day of October, 1934, by the following vote:
AYES, BOOEli, GIST, SZEMOll, S!4~TIt, SOLLEAS, WALTEIIS, W[LSOll
City Clerk of the
Council of the City of Bakersfield.
APPROVE~by~ this 1st day of October, 1934.
MAYOR of the City of ~akersfield.