A sentence in South San Francisco’s open weapon ordinance is out of compliance with state law, according to city officials, and was corrected Wednesday by the City Council.
The law, which was first adopted in 1955, according to city documents, states that it is “unlawful for any person or persons to carry a weapon anywhere in city limits unless that weapon is unloaded with [breech] or magazine open or parts broken down or separated.”
According to city documents, however, since its original adoption, state courts have determined a firearm is loaded only when an unexpended shell or casing is in the breech, magazine or clip in a position to be fired.
The original wording in the ordinance is no longer valid under state law, South City police Sgt. Joni Lee said.
“We have an ordinance on the books,” Lee said, “but that statement conflicts with state law. Everything else in the ordinance is the same, though.”