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1952-11
30 Q~?INANCE NO. 3.222, AN ORDINANCE PROHIBITIIY G THE ' PCSSffiSIE~i OF FIRER BY CRT1'~I- NALS AN33 SUB9'ERSI~E ELEN~iT3; REGITLATING THE ~NtTFACTURE, SALE Ox OTHER T~iANSFEx ~1VD POSSESSION !~F' Cf~TCEAI.Ef~ .i~TLAPfEJS AND FTRE~iRl~ S~IITHII~' THE 9TLI,AGE 0-F RICTi~'IELi3 AND PR09I~3TId_G PLTIES FOR vlaLaTT~s THEREOF Section 3~. r......-- .. (a) -The terse. "pexs on" as need iu this ordinance.. includes. an individual, partnerships association or corporat3.on. (b) The term "firearms" means any weapons by whatever name kea~, which is desigised to Expel a prod ectile or prod eet3les by the action of eupand3ng gases. (c) ~ term "pistol" as used 3n this ordinance means. any firearm with a barrel less than twelve inches in length. (d) ~ farm "manufactr~rer or dealer" means any person waged in th® busi- ness of manufacturing, repairing. or selling firearms at wholesale or retails or of accepting or pledging firearms as securit~r for loans. (e) The term "grime of violenc3e" means girder, manslaughters rape, mayhem, Iddnapping, burglary, ho'asebreak3.ng; assault with intent to kill, comei.t rape or rob; assault with a dangerous weapons or assault with intent to ~eommit any offense punishable by impr3.sonment for more than ass year. r i~,a w a as a vvcr wo.rw e rm s vers ve organi.zatian~ meanm any_.~oups committee, clubs league, society, association or combination of indiv;.duals .the Purpose of whichs or one of the purposes of whieYrs is the establishment, control,. conduct, seizure or overthrow of the Goverrm~erit of the United States or any State or polities]. subdivision thereof, by the use of forces violence, mi13-tang measxu~es, or threats of ose or more of the foregoing. Section 2. .._.~.~ (a) It shall be un].awf'u]. for any manufactur®r or dealer except a manufacturer or dealer having a license issued•undar the provisions of See-t3.on ~ of this ordi- nance to sell at wholesale ©r retail or to lease or tp pledge. or accept as se- cnrity for a loan any firearm. ' Cb) Tt shall be unlawful for any person. to sell,. lease.,. lend or other~r3.se transfer a firearm to any person whom he knows or has reasonable cause to believe has been convicted of a arise of viol~ce or who is a fugitive from 3ustice or who is of unsound mind or who is a drag addict or an habitual drunkard or who is a member of a subversive organization. (c) It sba3.1 be unlawful for any person who has been convicted of a crime of violence in any court of the United States, the s everal Stags, Territories poss- essions or the District of Columbia, or. who is a fugitive from ~ust3.ce, or is of unsound mind or is a drug addict or an habitual drunkard, to possess a firearm with• ixl this ~3 7 ~ age. "~ (f) The texm" fug3.i~.ve from ~usi3ce" means any person who has fled or is cr me of ~.o ice r~tfl av~oi~dltg3~g testiam n~ in ~yoe~inal proc~eed.~'+ng on for ~~ Section 11. X11 licenses issu®d pursuaat to ~.s ordinnsnce sha11 be disp],a9® ~ n a consp3.cauous place 3.n or upon the vehicle be~.ng used by the 13.- cenaee ~ such oecupat.~:on, Secttan 12. Licenses prnvided iu th3.s ordinance shall not be in lieu of ~.~ o~the`r 3~ca~ses requ3.red bar law. ~ . 3ect3,on 1 . 1~ty person violating a~ of the pr©~is3.©ns of this Ordinau~ shall upon con ct3.on therefor, be punished by a fine of not more than ~100.A0 or bg 3~pr3sox~ent~ for not to exceed 90 days. As passed by the 'Council this 17th d~ of dtme, 1952. ATT~T s I+ero raf ton C=~~ r''G~ ~a Fred C, ller ~1 (d) It sha71 be unlawful for any person who is a member of a subversive organizatat.on to possess a firearm within this pillage. (e) It shall be unlawful for any dealer to deliver a pistol to any person until forty-eight hours sha11 .have elapsed from -fhe time of application for the purchase or delivery thereof expept that this provision shall not apply iu the case of the delivery of a repaid pistol to the saane person who left the pistol 3n the hands of the deal®r for repa~.r. (f) It shall be unlawful for air d®aler to display anq pistol or 3.mitation t3aereof, or placard advertising the sal® thereof in any part of any p~.i.ses where it can readily be seen from the outside. (g) It shall- be unlawful. for any person to receive, conceals store, barter, sell, lease,. lend or otherwise trstasfer, ar to pledge or accept as security for a loan .slay firearm, lnaow3ng or having reasaaaab].e cause to believe the same to Mhsve been stolen. (h) St ~,~, be unlawful for any person to obliterate, remove change or alter the manufacurer's ideati.ficatlon mark or number on any pistol. ~henever on trial for a violation of this section the defendant is sho~ra ~ have or have had possession of any such pistol,such f act shall be presumptive evidence that the defendant obliterated, ~ r~ov®d, c~ianged or altered the manufacturer's ide~n,ti- fication mark or number braless the defendant can produce a bill of sale indicating that the pis tol w as legally purchased and that the maxiufacturer's~ 3dentificati,on mark or serial number was obliterated or defaced at the time of-purchase. Sect3.on . any peace officer may without warrant, arrest a person who is at the a carryia.g a pistol in violat3.on cf Seetlon 2, (c} or (d) of this ordinance.: although before making the arrest, the officer had no reasonable ground far be]3.eving the person guilty of such offense. S®c~ ~• P (a) ~ppl3.cation for a manufacturer's or dealer's license- shall ~, made to the Chief of Police on forms prescribed and furnished by him. The applicatdon shall. indicate the business name of the applicant, the business address, tae name and home addresgof the propx~.etor, propr3.etors (if a par~iership}, or of the presi- dent and secretary (if a corporation) and such other pertinent information as ' . may b® required by the thief of Polio®. The application say be filed in person or by United States mail. It shall be accoinpaaaied by 'the licea~se fee. The Chief of Police having assured himself that the applicant is of. good repute shall within ten days of the date of receipt of the applicatLon, issue the license required by td~is ordinance. Such license shall be good until rewked eecept that anew appli- cation must be filed whenever there is a change in the business address, or pro- prietorship of the licensee. (b) The license fee shall be ~]..~., (c) Should-the Chief of Police determine that the applicant is not a suit.. able person to be licensed under the provisions of this ordinance, the applicant shall be so not3.fied in writing within ten days of the date of receipt; of the ap•. placation by the Chief of Police and the license shall be refused. The applicant may appeal this denial to the pillage council. ~2 (d~ Whenever any ]3.censee is convicted of a v3.o3.ation of a~ of tie pro- visions of this ordinance, it sha11 be the - dut;r of theclerk of the court to notify the Chief of Po73.ce within form-eight hours after such conviction and said Chief of Po]3ce sha7.l suspend or remake such lic~.se; provided, chat in the case of appeal frosi such conviction, the Chief of Police shall permit the 1.aensee to contanue business ~til notified by the clerk. of ~- court of last appeal as to the final dispost3.on of the case. {®) Aug license revotced for violation of this ordinance- as provided 3n para- graph (d) of this S®ct3.on shall not be reneeed wi-thin five dears of the date of r®vocatLon. Sec ti~~. {a) A tie record shall be made by each licensed manufacturer or dealer in the form prescribed ley ~e Chief of Police of each firearm .sold, pl®dged as securit;r for a loans transferred, or otherwise disposed of 'at wholesale or retail. This record shall contain the date of sale, (or the dates of pledge: and redemp~3on for a loss} the caliber, makes model and maaufact+nrert s n~ber of the fi.reax~~ and the nay and address of the purchaser {or person depositing the firearm as securii~r' for a loan}. Such r®oord shall be retained by the manufacturer or dealer for a period of nit-less than three years following the date of such sale. - {b) Each licensed manufacturer or dealer shall transmit to the Chief of .- Felice United States mail within ttsfrnty four hours a noi~.f'ication of all sales of pistols made at retail, giving the.. information re~3.red by paragraph (a) above. r When c~li~vereds all pistols must be securely wrapped and must be unla~ ded. Section 6. Eo person shall s e~.]., lease or transfer a pis tAl, extwipt when the re a on of parent and child or gnardi.anz and ward or executor and legatee or admin3.strator and heir ex3.sts, to any person under the age of eighteen years.. Seems?' (a) Eo person shall in applying for a license as a mantafactarer or dealer give false information or offer false ev3.dene® of his identity. (b) IQo person shall gave false information concerning his name and ad- dress or offer false evid®n.ce of his identity when purchasing a firearat. Sect~.on $• Every person who shall manufacture, or cause to be ffianufactured, sell, keep cr sa~:e, offer, or dispose of, any instaamen~b or weapon of the kind usual'1~y known as a slag-sltiot, saad•club, or metal k<inctcles; or who shall att d~ra use against another, or with intent so to use, shall carry, conosal, or possess any of the weapons hereinbefore spec~i.fied, or any dagger: dirks kn3:f®, pistol, or other dangerous weapon, shall be guilty of a misdemeanor. The possession by a~ person, other than a public officer, of any such weapon concealed or furtively carry:®d on the person sha11 be presumptive e~:den€~ of carry3s~g, conctealing or possessir~~; with intent to use the sane: - - Section . ' person violating any of the-provisions of this ordinance shall: u;xan co - ct3.on therefor, be punished by a fine not to excised ~~ or by impriso~ent for not to ®xcw~ed 90' days. ~f` R irk ASivY~t ~~ P>rob111Ca1. f lq~ arccard~ance~ glte - of 1935D ~ • affidavit o/' 1~ub/icato~ .. 7fie ~ichfie/d-~/~~eni~r~t~~ /~l~.ss~~g~t ANtl f ~~ 66E-6 ®~~~ S~DM ~Ni11S~~M; I L $ ' 6a~ •S A$1~3' I, S~~ u y~oe+n ~i~l~l~I Z i~ •6a~ ®~6\II®~~ @. ~N~®~1~ d S$ '~a~ ~L$ °6agJ puolq ua ~~~d'd ®ii19~ ~! .~~~ se11..lease or transfer a pistol, ex- cept when the relation of parent and child' or •guardian and ward or executor and legatee or admunis- trator and heir exists, to any per- son under t'he age of eighteen years. SECTION 7. (a) No person shall in applying • for a license as a manufacturer or, dealer give false information or offer false evidence of his identity. - (b) No person shall •give false. information concerning . hts name and address or offer false evidence of his identity when purchasing firearm. SECTTO~N 8. Every person who shall manufacture, or cause to be manufactured, ,sell,, keep for sale, offer, or dispose of, any instrument' or weapon of the kind usually knowtt as, a slung-shot, sand-club, or metal knuckles; or who shall attempt to use against another, or with intent so to use, shall carry,,. conceal, or possess any of thee; i weapons hereinbefore specified, or any dagger, dirk, knife, pistol, or i other dangerous weapon, shall 'be guilty of a misdemeanor. T'he gos- session by any person, other than, a public officer, of any such weapon concealed or furtively •carried one the person shall be presumptive evidence of carrying, concealing or 'possessing with Intent to use the same: SECfiLO,N 9. ',Any person vio- lating any of the provisions of this ordinance shall, upon conviction therefor, Abe punished ~by a fine not to exceed $100.00 or by imprison- ment for not to exceed 90 days. SiECTI~O~N 10. This ordinance shall take effect upon publication. S~ECTbp~N 11. Should any sec- tion or sub-section of this ordin- ance be declared unconstitutional, ~Ehe remaining portion of the or- dinance shall remain in full force and effect. As passed this 1'7th day of June, i9s~. ATT'~lST: Leroy Trafton Clerk Fred Keller Mayor STAT1% OF 1l~TNN~SOTA COU11iTY O~ H1NNIsPIN ...........R~.>;tk~z'd..R~gg3n ......................... being duly sworn on oath says: that he now is, and during all the times herein stated has been the pubiisher....aricl printer....of the newspaper known as The Richfield-Blooixiingtori Messenger and has full knowl- ledge of the facts herein stated. That for- more than one year irriniediately .prior to the publication therein of the printed. .. Ordi~ana@ AIO.. .222 ... ...... hereto .attached, said new.spa~per was printed and published in the Ettgiish language froth. its known office of publication within the Village of Richfield in the County of Hennepin, State of Minnesota, on Thursday of each week in colunnn and sheet #ornu equivalent in space to 450 running inches of single coluiriri two inches wide; leas been issued from: a known office established in said place of publics= tion equipped with skilled workmen and the necessary rraaterial for preparing and .printing fife sati4e; has, had iri its makup not less than twenty-five per cent of its news colusrins devoted to local news of interest to said 'comxttunity it purports to serve, the press work of which has been done in its said known office of publication; has cat= tamed general news eUmmetlts and miscellany; has not duplicated any other publication; has not been entirely made up of patents, plate matter aril advertisements; has ,been circulated at and Haar 'its said •plate of publication to the extent of 240 copies regularly de- livered to ,paying subscribers; has been entered as second class mail matter in the local post office of its said place of publication; that there has been on file in the ©ffce of the Eounty Auditor of said county the affidavit of a. person having first hand knowledge of the facts constituting its qualification as a newspaper for publication of legal notices; and that its publishers have cot?nplied ryvith all demands of said County Auditor for proofs of its said qualification. prd~ianee ldo. 3.222 That the printed....... ........................ ....hereto attached as a part hereof was cut from the columns of said news= paper; was published therein in the English language once each week for • ®~~ ......successive weeks; that it was first pubiislied on the. • • ~t~ • • • • - • .day of • . J1;t11® .... .195?., and that the ~foliowng is a copy of the Iower ease alphabet which is acknowledged to have been the size and kind of type used in the publication of ®rdir-ano® loo. j.222 said ..................................... abcdefghslklmno vw z "8 po' t ... ....... .. ~. ~ .. T. +- • . . Subscribed and sworn to before me tht .day q€. _ 19~~~ -- e:~ - - Notary. Py~l}~! e t DII•i:mesota. ~.ry~tibliC.' ~•e~'sepn Co. Mlr-~ My commisso~~ ioa.p~ ~~: ~5; q~. Rc~~~~w~~o~a~, Mess AGE FOURTEEN Thursday, June 26. 1t~52 O'RDI'NAN'CE N~O. 3.222 ORDINANCE FROHIBIT- G TkiE pOSSESSIO'N OF IREARMS BY C;INALS ND SUBVERSIVE• E L ~ ENTS; REGULATING TIZtE ANUFACTURE, SALE OR THEIi TRANSFER AND PO~- ESSION OF CONCEALED ONS ANU FIREARMS ITHIN TFIE VILLAGE OF ICHFIELD AND ,PRO`TIDING ENALTIES FOR V I O~ L A - IONS TIiEREO~F. S~ECTIO~N 1. (a) The term "per- n" as used in this. ordinance un= odes an individual, partnership, ssocaation or corpooration. ` (b) The term "firearm ' means ny weapon, by whatever name nown, which is designed to expel projectile or projectiles by the coon of expanding •gases. (c) The term "pistol" as used an is ordinance means any firearm ith a barrel less than twelve inch-•, s do length. (d) The term a`manufacturer or Baler" means any person engaged the business of manufacturing, epaarang or selling firearms at holesale or retail, or of accept- s or pledging •firearms as secur- for loam. (e) The term "crime of violence" Bans murder, manslaughter, rape, ay'hem, kidnaping,burglary, ousebreaking; assault with intent o kill, cammat rape, or rob; as- ault with a dangerous weapon, or' ssault with intent to commit any ffense punishable ~by ~isnprisonxnent or more .'than. arse year. (f) The term ``fugitive from jus- 'ce" means any person who has ed or is fleeing from say law- nforcement officer to avoid prose- ution or incarcerating for a crime f violence or to avoid giving testi- ony in any criminal •praceedan~g. (g) The term "subversive or- anization" means any group, com- ittee, club, league, society, asso- iation or cambanation of andavadu- ls the purpose of which, or one f the purposes of which, is the stablashment, control, conduct, eazure or overthrow of the Gov- rnment of 'th® United States or ny 'State or political. subda.~isaon hereof, by the use of force, viu- ence, military measures, or thre'a#s f one ar more of the foregoing. ~S'F~CTI'ON 2. (a) It shall be cept when the relation of parent and child' orguardian and ward or' executor and legatee or admunis, :cruse to believe the same to have trator and heir exists, #o any per- ~een stolen. son under t'he age of eighteen years. (h) • It shall be unlawful for any SECTION' 7. (a) PTo person person to obliterate, remove, change shall in applying ~ for a license as ~r alter the manufacturer's iden~ti- a manufacturer or,dealer gave ~alsb ~ication mark or number on any information or offer false evidence pistol. Whenever on trial far a of has identity. ~aolation of this section the d~e- renclant is shown to have or shave (•b) No person shall ve false had possession of any such pistol. anforma:taon concerning ~as name such factshall be presumptive and address or offer false evidence evidence that the defendant oblit- of his identity when purchasing a crated, removed, changed ar al- firearm.- ter"ed the manufac'turev's identifi= cation mark or number unless the Sh.CTI'O~N 8. Every person who defendant can produce a bill of shall manufacture, or cause to !be' sale indicating that the pistol was manufactured, ,sell, keep for sale, legally purchased and that 'the man- 'offer, or dispose af, any instrument'. ufacturer's iidentification mark or or weapott of the kind usually serial number was oblfterated ar known as, a slang-shot, said>ciub, defaced at the •tame of purchase. or metal knuckles; or who shall. S~ECTI.O~N 3. Any peace officer attempt to use against another, orl may without warrant arrest aper- vvsth intent so to use, shall carry,, a conceal, or possess any of the son who is at the time carrying a weapons 'hereanbefore specified, or. pistol in violation of Section 2 (c) any dagger, dirk, knife, pistol, or'~ or 2 (d) of this ordinance, although other dangerous weapon, shall 'be~~ before making the arrest 'the offa= guilty of a mmsdemeanor. The pos-' cer 'had no reasonable ground fo'r session by any person, other than believing the person guilty of such a public officer, of any such weapon offense. concealed ar fur'tively carried on SECT~POIN ~. (a) Appicatdon for the person shall be presumptive, a manufacturer's or dealer's license evidence of carrying, concealing or shall be made to the Chief of Po- possessing with Intent to use the'. lice on farms prescribed and fur- see; niched by him. The application shall indicate the business name SE'CTPON 9. any person vio- of the applicant, ehe business ad- lating any of the provisiions of this dress, the name and home address ordinance shall, upon conviction of the proprietor, proprietors (if therefor, Abe punished ~by a fine not a partnership) or of the `president to exceed $100.00 or by imprason- and secretary (af a corporation) went for not to exceed 90 days. and such other pertinent informs- SECTI~O~N ~.0. This ordinance tion as they may •be required by shall take effect upon publication. 'the 'C'hief of IPo1ice. The applica- tion may be filed in person or by SECTbO~N 11. Should any sec- United States mail. It shall Abe ac- Lion or sub-section of this ord'in- companied by the license fee. The once be declared unconstitutional, Chief of Police having assured the remaining portion of the or- himself that the applicant, ds of diaance shall remain in full force good repute shalh within ten days and effect. of the date, of receipt of the appla- As passed •thas 1'7th day of June, cation issue the license required 1952. by 'thin ordinanc®. Such license ATT,'EIST: shall be good until revoked except that a new application must be filed Leroy Trafton whenever there' is a change in the Clerk business address. or proprietorship Fred Keller of the licensee. Mayor ~b) The license fe® shall lie $1.00.: ~ ~ c) Should the Chief of Police'' determine 'that the applicant is notl a suitable person to be licensed under the provisions of this or-~ diananee the applicant shall be col notified in writing within ten days of the date of receipt of the appli-I ...........R,~.r~k~,rd..H~gg3n..... ............. braiig duly sworn on oath says: that he now is, and during all the times herein stated has been the publisher.:..and• prnte-r:...o£ the newspaper known as The Richfield-Bloomington 1VIessenge and has full knowl- ladge of the facts herein stated. That for more than one year immediately :prior to the publication therein of the printed, .. OY'd~YIRYIdZe Aio,, j,222..,. ...... hereto .attached, said newspaper was printed and published in the English language from its known office o€ publication within the Village of Richfield in the County of Hennepin, State a# Minnesota, on Thursday of each week in column and sheet fornv equivalent in space to 450 running inches of single colutnn two inches wide; leas bees issued fromi a known office established in said place of publics- taon equipped with skilled workmen and the necessary material for preparing and .printing the same; has had in its makup not less than twenty=five per cent of its news columns devoted to local news of interest to said 'community it purports to serve, the press work of which has been done in its +said known office of public-anon; has can= tairied general news comments and miscellany; has not clupiicated any other publication; has not been entirely made up of patents, plats matter and advertisements; tsar ,been circulated at and near its said place of publication to the extent of 240' copies regularly de- livered to paying subscribers; has been entered as second class mail m;attcr in the local post office of its said place of publication; that there has been on file itt the office of the County Ruditor of said county the affidavit of a, pgr~son having first hand knowledge of the facts constituting its qualaficatiori as a newspaper for publication of legal notices; and that its publishers have complied revath ali demands of said County Auditor for proofs of its said qualification. prd3riancs ffio. 3.222 That the printed .................. .... ..... ..hereto attached as a part hereo# was cut from • the columns of said news= paper; was •publsshed therein in the Eanglsl language once each ' oYS~ . week for• ...........successive weeks; that it was first pubhslied on the... -~~•~~. • . • • • .day of..'TuYl® .... .1952., and that the following is a copy of the lower case alphabet which is acknowledged to 'have been the size- and kind of type used in the publication - of Ordiilanoe loo. 3.222 said ..................................... abcdefgliajklmno vw z=-8 -pb' t ' ~- .............. ..*... T ' ... _ Subscribed and sworn to before me tha ,.day of. ° Notary 1'~1~, eCt<y' ;~lmesota. iVly commssio~~ 011.~ff ~~ ~ ;Mime