19820302 1982-09 ORDINANCE NO. 1982-9
AN ORDINANCE AMENDING SECTION 25-4 AND SECTIONS
25-11 THROUGH 25-18 OF CHAPTER 25 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that the following sections of Chapter 25, Weapons, of
the Code of the City of Fairfax, Virginia are hereby amended as
fol lows:
1. Section 25-4 is amended by changing the definition of
the term "Applicant" to read in its entirety as follows:
Applicant. Any person, firm or corporation applying to
the chief of police for a certificate of registration to
sell firearms.
2. Section 25-4 is amended by adding the definition of the
term "Registrant" in the proper alphabetical order to read in its
entirety as follows:
Registrant. Any Person registering with the chief of
police to purchase a pistol.
3. Section 25-11 is amended to read in its entirety as
follows:
Sec. 25-11.
(a) No
Sales to certain persons prohibited.
licensed dealer or other Person shall
sell, barter, give, furnish, lend, rent or otherwise
transfer or cause to be sold, bartered, given,
furnished, lent, rented or otherwise transferred to any
person under twenty-one years of age, a pistol, having
good cause to believe him to be a Person under
twenty-one years of age.
(b) No licensed dealer or other person shall
sell, barter, give, furnish, lend, rent or otherwise
transfer or cause to be sold, bartered, given,
furnished, lent, rented or otherwise transferred any
pistol to any person whom he has reasonable cause to
believe has been convicted of a crime of violence or a
felony within the past ten years, or is a drug addict,
or is an habitual drunkard, or is a fugitive from
justice or is of unsound mind.
1982-9
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(c) No licensed dealer or other person shall
sell, barter, give, furnish, lend, rent or otherwise
transfer or cause to be sold, bartered, given,
furnished, lent, rented or otherwise transferred any
pistol to any person whose record of registration to
purchase, borrow, receive, rent or otherwise acquire a
pistol has been rejected by the chief of police under
the provisions of this article, nor to any person who
fails to present a valid record of his registration
with the chief of police to purchase a pistol.
4. Section 25-12 is amended to read in its entirety as
fol lows:
Sec. 25-12. Registration to purchaser etc.~ pistol--Content.~
(a) Any person desiring to purchase, borrow,
receive, rent or otherwise acquire a pistol from a
licensed dealer or other person shall register under
oath on forms provided by the chief of police which
shall be signed in duplicate by such person stating his
full name, address, occupation, place and date of
birth, the date and hour of registration, the length of
time he has resided in the state prior to the
registration, all previous places of residence outside
of the state for the past ten years, and a statement
that he has never been convicted in this state or
elsewhere of a crime of violence or a felony within the
past ten years, that he is not an habitual drunkard or
a drug addict, that he is not a fugitive from justice,
that he has not been denied the right to purchase a
pistol in any other jurisdiction, and that he has never
been committed to an institution for treatment of
mental illness from which he has not been discharged
for a period of ten years or more prior to the date of
his registration to purchase a pistol.
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(b) The licensed dealer or other person who
proposes to sell, barter, give, furnish, lend, rent or
otherwise transfer a pistol shall sign and attach his
address to the record of registration and mail or
deliver the same to the chief of police. The chief of
police shall-mark the date and hour of the receipt of
the record of registration in his office. The original
record of registration shall remain the property of the
police department. A duplicate copy of the record of
registration shall be retained by the dealer for six
years.
Se
6.
follows:
Section 25-13 is deleted in its entirety.
Section 25-14 is amended to read in its entirety as
Sec. 25-13. Same--Waiting ~eriod for validity.
(a) Except as hereinafter provided, the chief of
police shall review the registration of a purchaser of
a pistol within seventy-two hours of the delivery of
the same to the chief of police, excluding Saturdays,
Sundays and holidays, and if he finds one or more of
the enumerated statements on the registration to be
untrue, such registration shall be rejected.
(b) Where the registrant is a nonresident of the
city, but has been a resident of the state for more
than three years immediately preceding the date of
registration, the time shall be extended to five days.
(c) Where the registrant is a nonresident or has
not resided in the state for a period of three years
immediately preceding the date of registration, the
time shall be extended to thirty days.
1982-9
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7. Section 25-15 is amended to read in its entirety as
fol lows:
Sec. 25-14. Same--Denial.
(a) If, within the prescribed period, the chief
of police shall inform in writing the licensed dealer
or other person who proposes to sell the pistol that
the registration was rejected for one or more of the
following reasons: the registrant (1) is under the age
of twenty-one years, or (2) has been committed to an
institution for treatment of mental illness or drug
addiction, and has not been discharged therefrom for a
period of ten years or more preceding the date of such
registration, or (3) has been convicted of a crime of
violence, or (4) has been convicted of a felony within
the past ten years, or (5) is an habitual drunkard, or
(6) is a fugitive from. justice, or (7) has made a
statement on the registration that is untrue, it shall
be unlawful for the licensed dealer or other person to
deliver the pistol to the registrant.
(b) A copy of the letter of rejection of the
chief of police shall be furnished the registrant by
the licensed dealer.
fol lows:
Sec. 25-15. Appeal from decision of chief of police.
( a ) Any person ag gri eyed by a dire ct ive or
rejection by the chief of police may, within ten days
of receipt of notice thereof, appeal to the general
district court of the city or other court of competent
jurisdiction.
(b) For good cause shown the court may authorize
the sale of the weapon, or, in the case of an
Section 25-16 is amended to read in its entirety as
~ 1982-9 -5-
application for registration by a licensed dealer, the
court may direct the chief of police to issue a
registration certificate.
.9. Section 25-17 is amended by changing the number to
Section 25-16.
10. Section 25-18 is amended to read in its entirety as
fol lows:
Sec. 25-17. Penalty for violations.
(a) Any person who violates any provision of this
article or who willfully furnishes false information in
any application or registration required herein shall
be guilty of a class 1 misdemeanor and upon conviction
thereof shall be punished as provided by law.
(b) Any weapon sold, rented or transferred in
violation of this article shall be forfeited by the
owner thereof, and shal 1 become the property of the
police department of the city.
This ordinance shall become effective immediately upon its
adoption.
Introduced:
Adopted:
February 16, 1982
March 2, 1982
Mayor
ATTEST: