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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. -2- 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. " ..... o0o ..... 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.