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HomeMy WebLinkAboutORD 7360 TO AMEND THE AUGUSTA CODE TITLE THREE CHAPTER SEVEN SECTIONS 3-7-14.5 RELATING TO POSSESSION OF FIREARMS IN AUGUSTA GAORDINANCE NO. 7360 AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE THREE, CHAPTER SEVEN, SECTIONS 3 -7 -13 THROUGH 3 -7 -14.5 RELATING TO THE SALE AND POSSESSION OF FIREARMS IN AUGUSTA, GEORGIA; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, effective July 1, 2005, the State Legislature enacted O.C.G.A. §16- 11-173, which specifically preempts counties and municipalities from regulating in any manner the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firealins or components of firearms; WHEREAS, AUGUSTA, GA. CODE Section 3 -7 -13 could be deemed to regulate the sale of ammunition, a component of firearms; WHEREAS, AUGUSTA, GA. CODE Section 3 -7 -14 could be deemed to regulate the sale of firearms; WHEREAS, AUGUSTA, GA. CODE Section 3 -7 -14.5 could be deemed to regulate the possession of firearms and is an exact duplicate of Augusta Code Section 3 -7- 45; and WHEREAS, Augusta, Georgia desires to update and amend its CODE to ensure compliance with O.C.G.A. §16-11-173 and other applicable state and federal law. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA GA. CODE Sections 3 -7 -13 through 3 -7 -14.5 as set forth in the AUGUSTA GA. CODE, readopted July 10, 2007, are hereby amended by striking these sections in their entirety and inserting in lieu thereof reserved sections as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective on its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Attes Lena J. B Seal: Adopted this 4 er, 'Clerk of Commission day of September , 2012. David S. Copenhaver As its Mayor EXHIBIT A Strike: It shall be unlawful for any person to sell or furnish a minor with pistol Scc. 3 7 14. Gun sales. (a) Compliance with section. It shall be unlawful for any person, partnership, association or corporation to sell to any purchaser any pistol, revolver or (b)Report required. The merchant or dealer from whom a prospective buyer seeks to purchase any w apon, shall, before making a sale to such buyer, Sheriff's Department. (c) Contents of report. The gun sale report shall contain the following information: (1) Make of weapon, caliber, model, serial number, color, length of barrel, and whether said weapon is new or used. Dealer's name and address. The signature of sales person. Buyer's name, address, age, sex, race, height, weight, complexion, and signature. Buyer's identification information: valid driver's identification card, provided said employment identification card shows age and address. (d) Return of report to Sheriff's Department. The completed gun sale report conformity with this section. (e) Sales to certain persons prohibited. No merchant or dealer within Augusta Richmond County shall sell or otherwise dispose of a pistol, revolver, or other type of handgun to anyone whom the merchant or dealer has not a proper person to possess a handgun. license, birth carry into or possess any bludgeon, metal knuckles, firearms, box cutters, knife attorneys may carry pistols in municipal airports, pursuant to O.C.G.A. 16 11 127. Replace with: Sec. 3-7-13. Reserved. Sec. 3-7-14. Reserved.