HomeMy WebLinkAboutItem 6.3 LocalRegFirearmsDealers (2)
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CITY CLERK
File # rn~0-[8][QJ
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE AUGUST 13, 1996
SUBJECT:
PUBLIC HEARING: Local Regulation of Firearms Dealers
(Report prepared by Elizabeth H Silver, City Attorney)
EXHIBITS ATTACHED: / 1. Agenda Statements from previous Council meetings
June 11, 1996 (with exhibits)
June 25, 1996 (without exhibits)
./ 2. Draft Ordinance Amending Zoning Ordinance to require Conditional
Use Permits in Residential Districts
/ 3. Draft Ordinance Requiring Permit for Firearms Dealers
/ 4. Minutes from June 25, 1996, Council Meeting
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6.
Open public hearing and receive staff presentation.
Take testimony from public.
Close public hearing.
Deliberate.
Refer Draft Ordinance Amending Zoning Ordinance (Exhibit 2)
to Planning Commission .ill: provide direction to staff
Waive reading and Introduce draft ordinance requiring Permit
(Exhibit 3).ill: provide direction to staff.
RECOMMENDATION: 1.
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FINANCIAL
STATEMENT:
The costs of processing a Conditional Use Permit and issuing a permit
would be covered by applicable fees. Staff will return with a resolution
establishing the fee if the Council refers the draft ordinance requiring a
CUP to the Planning Commission.
DESCRIPTION:
Background
This item is continued from the June 25, 1996 Council meeting. At that time, the Council considered two
draft ordinances (Exhibits 2 and 3) which were prepared at the direction of the Council. The first .. -
ordinance (Exhibit 2) would require a Conditional Use Permit for firearms sales in residential districts.
The second ordinance (Exhibit 3) would require all persons engaged in fIrearms sales to obtain a permit
from the Chief of Police.
At the June 25 meeting, the Council asked for further clarification regarding the following issues:
1. What is the definition of "fIrearms" in state and federal law.
2. Can firearms dealers legally lease fIrearms?
3. What are the federal requirements for secure storage for firearms dealers?
4. How can a fIrearms dealer transact business at home ifhe cannot store firearms on the
property?
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COPIES TO:
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1. Definition of Firearms:
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Section 12001 of the California Penal Code defmes "firearm" to include:
[A ]ny device, designed to be used as a weapon, from which is expelled through a barrel a
projectile by the force of any explosion or other form of combustion.
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[T]he term "firearm" includes the frame or receiver of the weapon.
[T]he term "firearm" also shall include any rocket, rocket propelled projectile launcher, or
similar device containing any explosive or incendiary material whether or not the device is
designed for emergency or distress signaling purposes.
The federal definition of "frrearm" in 18 U.S.C. s921(a)(3)-(4) is:
The term "firearm" means (A) any weapon (including a starter gun) which
will or is designed to or may readily be converted to expel a projectile by
the action of an explosive; (B) the frame or receiver of any such weapon;
(C) any fIrearm muffler or firearm silencer; or (D) any destructive device.
Such term does not include an antique firearm.
The term "destructive device" means-
(A) any explosive, incendiary, or poison gas-
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of more than four ounces,
(iv) missile having an explosive or incendiary charge of more than one-quarter
ounce,
(v) mine, or
(vi) device similar to any of the devices described in the preceding clauses;
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(B) any type of weapon . . . by whatever n~e known which will, or which may be readily
converted to, expel a projectile by the action of an explosive or other propellant,
and which has any barrel with a bore of more than one-half inch in diameter; and
(C) any combination of parts either designed or intended for use in converting any device
into any destructive device described in subparagraph (A) or (B) and from which a
destructive device can be readily assembled.
2. Leasing of Firearms:
It appears that fIrearms dealers can lease frrearms.
The United States Code's Crimes and Criminal Procedure provisions on fIrearms are silent on the issue of
leasing. However, the Internal Revenue Code's frrearms section 26 U.S.C.A. S545G) defmes the term
"transfer" as:
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Includ[ing] selling, assigning, pledging, leasing, . . . or otherwise disposing of.
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The language on leasing in the Internal Revenue Code suggests that leasing of fIrearms is legal.
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"J In addition, the California Penal Code uses the term "lease" in conjunction with the terms "sale and
tr'ansfer", throughout S 12070. ~ fur example, S 12070 (a) ["No person shall engage in the business of
J selling, leasing, or transferring firearms unless he or she has been issued a license pursuant to Section
12071."]
':.3. Federal and State Requirements for Secure Storage:
The federal law does not contain any provisions comparable to the California Penal Code's "secure
facilities" requirement.
State law provides that if a city with a population in excess of 50,000 has adopted an ordinance pursuant
to Penal Code section 12071 requiring fIrearms dealers to obtain a permit, the permit is subject to
forfeiture pursuant to section 12071 (b)(14) if the place of business does not use ~ of the following
methods for storing fIrearms:
1. Store the firearm in a "secure facility" that is part of the business premises. A" secure facility"
means a building that meets all of the following:
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(A) All perimeter doorways shall meet one of the following:
(i) A windowless steel security door equipped with both a dead bolt and a doorknob
lock.
(ii) A windowed metal door that is equipped with both a dead bolt and a doorknob
lock. If the window has an opening of five inches or more measured in any
direction, the window shall be covered with steel bars of at least one-half
inch diameter or metal grating of at least nine gauge affixed to the exterior
or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee's premises
independent of the door and door frame.
(B) All windows are covered with steel bars.
(C) Heating, ventilating, air-conditioning, and service openings are secured with steel bars
and grating or an alarm system.
(D) Any metal grates have spaces no larger than six inches wide measured in any direction.
(E) Any metal screens have spaces no larger than three inches wide measured in any
direction.
(F) All steel bars shall be no further than six inches apart.
(These are the same requirements included in section 4.36.070 A of the draft ordinance.)
2. Secure the fIrearm with a hardened steel rod or cable of at least one-eighth inch in diameter
through the trigger guard. The steel rod or cable shall be secured with a hardened steel lock that has a
shackle which is protected from use of a bolt cutter.
3. Store the fIrearm in a locked fireproof safe or vault on the premises.
A licensee may be exempted from these requirements ifhe is unable to comply because of local
ordinances, covenants, lease conditions or similar circumstances not under his control. (Section
..e12071(d).)
4. Home Occupations:
The Council asked how a fIrearms dealer could transact business from his home if he cannot store
firearms on the property.
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The Dublin Zoning Ordinance (section 8-60.22) does not permit a home occupation if it involves or
requires "maintenance on the premises for sale or rental of any stock of goods, which are not home made. 11
A firearms dealer is, therefore, not allowed to operate from his home if the business includes the
maintenance on the premises of a stock of goods for sale unless the goods are home made. Since fIrearms
are not home made, this provision of the Zoning Ordinance precludes a fIrearms dealer from operating .
legally from his home unless a dealer somehow operate without having the goods on the premises. This .-.
could be done if the dealer could take orders for fIrearms and have the firearms shipped by the wholesaler
directly to the purchaser.
Because of various restrictions offederal and state law, it appears that a fIrearms dealer could not legally
transact business from his home except in a very limited situation.
Under federal law, shipment of fIrearms by a dealer or wholesaler across state lines ("interstate" sales) to
any person other than a licensed importer, dealer, manufacturer or collector is prohibited. (18 U.S.c.
section 922(a)(2).) Thus, a fIrearms dealer operating out of his home could not take orders and have the
fIrearms shipped directly to the customer if the shipment is interstate (i.e., across state lines).
If a shipment of fIrearms were intrastate (within the state) as opposed to interstate, federal law would not
prohibit a dealer operating out of his home from placing an order and having the fIrearm delivered directly
to the customer. State law, h<?wever, includes a provision which would make it impossible for a
wholesaler to make an "intrastate" shipment directly to the purchaser without violating state law.
Penal Code S 12072 is a broadly directed provision addressing the "transfers, deliveries or sales" of
fIrearms. Subsection (d) provides that:
Where neither party to the transaction [transaction being transfer, sale or delivery], .
holds a dealer's license issued pursuant to Section 12071, the parties to the transaction ,':
shall complete the sale, loan, or transfer of that fIrearm through either of the following:
(1) A licensed dealer pursuant to Section 12082.
(2) A law enforcement agency pursuant to Section 12084.
Thus, under state law there are only two ways to have a wholesaler ship a fIrearm directly to the
purchaser: (1) through a licensed dealer; or (2) through a law enforcement agency.
Option 1 provides that for a nominal fee a fIrearm can be shipped to a licensed dealer, whereupon after
satisfaction of sections 12071, 12072, 12076, 12077 and 12082, the fIrearm can be turned over from the
dealer to the purchaser. (See generally, Section 12082).
Option 2 shipment through a law enforcement agency, is only available in counties with a population of
less than 200,000. (Section 12084.) Thus, this option is not available in Alameda County.
These two provisions, both of which require shipment through an intermediary, are the only legal means
by which a wholesaler can ship a fIrearm to the purchaser. It would be illegal under state law for the
wholesaler to ship a fIrearm directly to the purchaser.
Recommendation:
Staff recommends that the Council conduct a public hearing, consider this report and take appropriate
action. The first ordinance (Exhibit 2) must be considered by the Planning Commission prior to Council
action inasmuch as it would amend the zoning ordinance. If the Council wishes the Planning Commission
to consider it, a motion referring it to the Commission would be in order. The second ordinance (Exhibit
3) can be introduced at this meeting in its present form or as modified by the Council following its
discussion.
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CITY CLERK
FILE # D~~[3J-~~
CITY OF DUBLIN
AGENDA STATEMENT
'CITY COUNCIL MEETING DATE JUNE 11, 1996
SlJBJECT:
Local Regulation of Firearms Dealers (Report
prepared by Elizabeth H. SiiFer, Ci~y Attonzey)
EXHIBITS
ATTACHED:
1)
2)
3)
Penal Code Section 1207l.
Cirv of Lafavette Ordinance
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01apter 5.88, Dublin Municipal Code
RECOMMENDATION:f'\....--Consider report and provide direction to staff.
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FINAi'\J CIAL None
STATEMENT:
DESCRIPTION:
Background
At the May 14, 1996 meeting, Councilmember Moffatt asked staff for a report
outlining the City's options with regard to adopting local regulations of firearms
sales. This report describes various types of permissible local regulations for the
Council's consideration. As is discussed below, local governments can take a variety
of steps to regulate gun dealers. .-
Regulation of Gun Dealers
1 Local Permit Requirement
In order to legally sell firearrns, a gun dealer must possess (1) a valid federal
firearms license issued bv the Bureau of Alcohol, Tobacco and Firearms, (2) a valid
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seller's permit issued by t..""1e State Board of Equalization, (3) a ceruficate of eligibility
issued by the State DepaITJIlent of Justice, (4) be recorded in a cenualized list
maint.ained by the Depanment of Justice and (5) possess any license required by local
aUL~orities or, if none is required, a letter from the local jurisdiction to that effect.
(Penal Code s12071 (a)(l ).)
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Exhibit 1
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Penal Code section 12071 eA-pressly authorizes cities and counties to regulate
gun dealers. IT"\ order to obtain a pem1it under any local licensing or pennitting
ordinance adopted pursuant to Section 12071, an applicant must provide proof that
he or she has obtained all federal and state licenses and must pay a licensing fee
established by the local entity to recover costS of administering the program. (Penal
Code S12071 (a).)
A. Mandator:v" Penal Code Conditions
Section 12071 (b) sets forth num'erous requirements v.rith "Nhich a dealer
granted a local license must comply or risk forfeiture of his or her license. A gun
dealer must do all of the follov.ring:
(1) post his or her license and cenain warnings on the premises;
(2) comply "\;vith "\vaiting periods and other conditions of delivery;
(3) require proof of age, identity and basic firearm safety cenificates;
(4) perfoID1 background checks of prospective purchasers;
(5) repon details of sales to the State; and
(6) comply v,rith minimum secure storage requirements.
B.
Supplementar:r Conditions
Many jurisdictions \.\rith firearms pemut ordinances have placed conditions on
the issuance of a local pemut that are in addition to those required by Section
12071. Through use of conditions, a dty can do the follm\ring:
(1) require proof that an applicant has made no previous false or ffiis1eading
statements or material o:q:lissions in applications;
(2) require proof that the applicant has no disqualifying criminal offenses;
(3) require proof that the applicant is not a user of controlled substances or
an excessive user of alcohol such that his or her judgment would be
impaired;
(4) impose age requirements for ov,rners and employees of gun shops;
(5) require proof of no previous pennit revocation or application denial for
cause has occurred within a specified period of years;
(6) require that dealers allow their facilities to be inspected by local
licensing authorities;
(7) impose secure storage requirements exceeding those in Section 12071;
(8) im.pose minimum liability insurance policy requirements; and
(9) impose a requirement that guns be equipped v,rith trigger locks.
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The Cilv of Lafaveue ordinance (Exhibit 2) indudes manv of these
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supplem.entary.conditions.
By adopting procedures for local pem1itS, cities can regulate \'arious aspects of
the sale of fiream1s. The Penal Code requirement of annual renewal provides cities
\'\ith the opponunity to monitor firean11s dealers and deten1une 'whether all
conditions of the penl1it are being met.
Currently, the Dublin Municipal Code does not require a firearms dealer to
obtain a local permit. The Code currently does, however, require all businesses to
obtain a business license. Tne Council may pursuant to Section 12071 adopt an
ordinance \,\Truc...1-t requires fiream1s dealers to obtain a regulatory pen1ut in addition to
a :msiness license. If such an ordinance is adopted, it would enable the City to place
regulatory conditions on fiream1s dealers seeking to obtain a pemut. The City could
designate u~e Police Depa..."'UTlent as the enforcement aut."hority. The regulatory
pemut would be in addition to the business license.
2. Land Use Restrictions
Because of the broad local police power that allows a city to regulate for the
public welfare, the City can regulate gun dealers in residential ar.eas.
There are at least three ways in which a local jurisdiction can resuict fIrearms
sales within its residential areas.
A. . Conditions Attached to Local Permits
Some ordinances address the problem of residential gun dealers by attaching a
condition to local permits. In Fremont, for example, a condition auached to any
fireanns sales pennit is that the firearms not be sold out of a residence. Sales from a
residence constitute a ground for revocation of the pemut, which must be renewed
annually.
A city may also condition a permit upon proof that a firearms dealer is not
operating \-\'1.thin a specified distance of a residential neighborhood, or within a
specified dist.a.J.'lce of SdlOOls, day care centers, parks, liquor stores, bars, or other
fiream1s dealers. For txa..-rnple, Oakland's ordinance, which establishes permitting
procedures, also requires that the police chief deny any permit application where the
applicant proposes to operate in or 'within 1,000 feet of a residential disuict, "vithin
1 ,000 feet of a day care facility, elementary, junior high or high school, or 'within
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1..500 reet or any other fireanl1s dealer, adult emenainmem or hot tub/sauna
eS"l.ablishment. . Oakland's ordinance has been in effect since early 1992 and to date
has not been challenged.
B. Home Occupation Ordinances
A second method of restricting gun sales in residential areas is through use of
Ll1e home occupation ordinances. Dublin's Zoning Ordinance (s8-60.22(d)) does not
authorize a home occupation if it includes maintenance on the premises of a stock of
goods for sale. Enforcement of this pro\~sion of the home occupation ordinance
would be one way to restrict residential gun sales.
C. Land Use Permits
A third method of restricting gun sales in residential areas can be accomplished
through use of the zoning code provisions and land use penTl.it requirements. For
example, a city can restrict firearms dealers to commercial areas or retail areas by
pro\iding in the zoning code that dealers can operate in those areas only upon grant
by Lt-te planning COlTIl11ission of a conditional use pem1it. This type of provision
'i\'ould allow for public input at the planning conunission stage. Such an ordinance
may also provide that a conditional use pemut to operate a firearms dealership in a
pemuued area is not valid until the applicant has demonsuated compliance "Vvith all
federal, state and local licensing laws or other applicable conditions.
Currently, Dublin's Zoning Code neither defines nor addresses firearms sales
nor firearms dealers.
In 1994, Lafayette adopted an ordinance requiring lQcalfireanns dealers to
obtain a land use pemut and a local license to operate. The ordinance restricts
firearms sales to corrunercial and retail zoned districts and establishes standards for
approving the location of new firearms businesses through land use permits. In
addition, it imposes security requirements for such businesses. ." -
In considering conditional use pemuts for fireanns dealerships, Lafiqette's
Zoning Ordinance requires its planning commission to consider:
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"( 1) Ioeational compatibility of the proposed use "Vvith other existing uses in
close proximity, in panicular elementary, middle or high school, pre-
school or day-care center, other firearms sales business, liquor stores and
bar, and residentially zoned area: .
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(2) arG.~itectural compatibility of the proposed use \vith other existing uses
. in. the vicinity, due to the requirements of Chapter 8-6, Anide 2
regarding a 'secure facility.'"
Lafayette's ordinance also indudes a nonconforming use provision which
e..xempts pre-existing residential dealers who are in compliance with federal and state
law and obtain a police pennit and business registration v.rithin 60 days of the
ordinance's effective date.
Lafayette's ordinance was challenged last year in Superior Coun. The
ordinance was upheld by the Superior COUTI. The decisions has been appealed, but
to date, no decisi0n has been rendered.
3. Gross Receipts Tax
The City and County of San Francisco, pursuant to its charter powers, imposes
a gross receipts tax on firean11s and ammunition sales. The tax is the subject of a
la\vsuit filed in January 1996. The tax Vi;as challenged on constitutional grounds of
equal protection, preemption and Proposition 62. To date, San Francisco has
successfully defended a motion for preliminary injunction to enjoin enforcement of
the gross receipts tax. However, according to a deputy city attorney for San
Francisco, Lhe strongest of these arguments is that such a tax should be subject to a
vote of the electorate per Proposition 62. Vv'"hile Proposition 62's applicability to a
chaner city such as San Francisco is undear, Proposition 62's provisions would apply
to Dublin as a general law city. If it chooses, the City could put such a tax to a vote
of the electorate ~ an upcoming election where it would require a majority vote to
pass.
4. . Restrictions on the Sale of Saturday Night Specials
In the State of California, only Compton, West Hollywood and Oakland have
passed ordinances. banning the sale of weapons kno-wn as Saturday Night Specials.
Because of their poor- quality, Saturday Night Specials are generally "\riewed as
unreliable as a means of self defense. Findings advanced for the ban indude the
dangers to users, their disproponionate use in crime and their unreliability and
unsuitability for use in self defense or sport.
Oakland's ordinance passed last month, 'with a delayed effective date of
Janua..ry 1, 1997. According to Oaldand's City Attorney's office, the delay is to allow
time for Lhe city to develop administrative procedures, induding a roster of qualifying
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'weapons. plior to implementation of the ordinance. In San Francisco, an ordinance
that is substan~al1y similar to Oakland's was recently referred out of committee but
has not yet come before the Board of Supervisors.
The City of West HollY-Nood's ordinance has been challenged. The strongest
argument against it appears to be that such a ban conflicts \vith tl1e state law
provision authorizing possession of firearms. (Penal Code s12026.) It is unclear
hOlv the couns 'will rule on this issue. Staff vvould suggest the City Attorney
perfon11 funher research on the City~s ability to impose such a ban if the Council
wishes to consider such an ordinance. .
J. Registration of 1\mmunition Sales
Regulations requiring tl1e registration of ammunition sales by dealers have
passed in Oakland and San Francisco. To date, it appears that these provisions have
not been challenged.
6. Gun Discharge
While not specifically directed at regulating sales of firearms, there is eA-press
statutory authority, contained in the Govenunent Code at Section 25840, allowing
local entities to limit the locations where guns may be legally discharged. Chapter
5.88 of the Dublin Municipal Code (Exhibit 3) prohibits the discharge of a firearm
'within the City (with the exception of peace officers in the perfom1ance of their
duties). Chapter 5.88 also makes it unla'wful to furnish a firearm to a minor.
Conclusion
There are numerous provisions a local entity may enact in order to regulate the
operation of firearms dealers 'within its local jurisdiction. Of those discussed above,
none have as yet been struck dov.rrt. Of those, however, the provision least likely to
survive legal challenge is the ban on Saturday Night Specials.
Staff recommends the Council consider the report and provide staff direction.
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r:11071~~~;,IJ~e\ii ,;:l~c~lcr"i ~ll(lIl~lltlon for IOCIlIII~clIse to'scl\ flrcm.
lit rctnli~'cl1,ri/Oliuhject fo forfeiture; IIClellr evidence of his or, her Idcntlty,
1111I1 ngc"; Gr-nnt of exelllption forrclllllrelllentsj Ccntrnll:wclllst of IiccnSC(lS
(a) :<1) As ,ps9d .in this chnptcr, the tcrm "licensee," "person licensed purS\I-
nnt 10 SC,ction 1?,071,'; or "dealcr" ItlCIIIISn pcrson who (^) has a vulid fcdcral
Ihcu~lIls, I lic~nsc, )IJ) ,hils lIny r~gulatorr o~ busincss Ilccn.sc~ or licenses,
r~qUlred.bYJocul ,go\(crnlllcnt, (C) has, a' vlllld seller's penlllt Issucd by thc
Stflte Bonrd,:,ot Equnli~ntion, (D) hns n certificate of cligibility issued by thc
Depnrtmcnt of Justice pursulInt to paragraph (4), (E) has a license issucd in
the format prescribed by puragralJh (6), and (f;) is among those recorded in
t.lt~ .,cCI!t.~qP~I~lllift speciflcd in subdivision (c). ,
(2) rhe duly constittiled licensing authority of a city, cOUllty, or a city lInd
county shall.accep~ applicalions for, and may, grallt liccnses pennitting,
Iicellsees I? 'sell ~rellrll1S at rctailwithin thc city, county, or city and county.
the duly', conslitllted licensing authority shall inform applicants who a1:c'
denied licenses of the rensons for the dcnial in wriling. .
(3) No license shall be gran led to ally npplicant who lilils to provide ~ copy
, of his 'or' hei:' valid' federal firearms license, ivnlid seller's permit issucd by the'
Stute 'Doard of Equlllizntiun, Hnd thc ccrtificate of eligibility described in
parngl'ol;h (4).'/11'( ...... :., . .
(4) A'py~!;ollinJny're(iuest II certillcatc of eligibility frolll 'ihe Department of
Justice'iuid'tlle Deparllllcnt of Justice shall issue a 'certificate to an applicant
if the dcpartnlenl's records indicate that thc applicant is nol a person who is
prohibited' frolll iJOssessing firearms. .' ,
(5) The department shnll adopt regulatiolls to administer Ihe certificate of
eligibility "program 'nlld shall t'ecover the full' costs of administering the
program:.by!,imposing fees lIssessed to npplicallts who apply for those ccrtifi-
cates.' ','111'!:"1;- I. '1"1 II", ',' . .,. .
(6) A license granted by the duly conslituted licensing authority of any city,.
COlllllY"oJ','city,olHl,coulltYI shall be valid for not'more than one year frum'
the date of issuance allll shall be in one of thc folluwing furms:. '. :,
(A)(lI~~lhe, fonit prescribed by the Attorney General. .'
(0) A regulatory or business Iiccnse thllt states 011 its fnce "Valid for Retail
Sltle~ of Pireannst' nnd is endorsed by,the signntme of the issuing authority.
(C) A" letter from' the duly constituted licensing authority having primllry
jmisdicliondfor ~ the: npplicont's intended, business locotioll statillg thnt the
jurisdiction does not require IIny form of regullltory or busincss Iiccnse or docs
1I0t othyqyj~~. restri~t or regulllte the sale of firenrms. ' . '
(7) Locnl licensing authurities mny assess fees to recovcr their full costs or'
I}rocessing applications fur .licenses., , . . : ,
(b). ^ ,licellse is ,subject tu furfeiture for a breach of any of the. following
prohlbitlolls nnd tequirements: ." '"
(I), (A)' Excppt as provided In subparagraphs (B) alld (C), the business shall
l?e; c;pll~~Cl~d:'?nIY,in ~he buildings designllted ill the Iiccnse. "
(0) A p~rsOlCliqenscd pu~'s,uant to subdivision (a) may take possession of
fircArl1\s. lIlIli. commence' preparation of rcgisters for the salc, delivcry, or
transler of ~r~lIrl1\g at gun shows or cvcnts, as dcllncll in Scctiun 178.100 of
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ur event IS 1I0l conducted trom any molorizcd or towelw(:".de., A persoll
conducting business pursuant to this subparagraph shall b . llcd 10 cO,ndl~cl'
busincss as authurized herein lit any gun show or cvenl .c stlll~ wllhout.
rcgard 10 Ihe jurisdielion within this slale Lhal issucd .lhe liccllse Illlrsua~ll 10
subdivisioll (II), providcd Ihe person complics with (i) all applicahk laws,
including, but not limitcd to, tile 15-day wailing pcriod spccilicd in_subparfl-
graph (^) of paragraph (3), and (ii) all applicable local laws, regulalions, nnd
fees, if any. . ,.
A person conducting busincss pursuant to this subparagraph shall publicly
dis)Jlay his or her liccnse issued pursuant to subdivision (a), 01' a facsilllilc
thcrcuf, at any gun show or event, as' specified in lhis subpilragraph. ..
(C) A pcrson licensed pursuant to subdivision (a) ftlay cngug!? in the sule and
transfer of firearms othcr tllan pistols, revolvers, or other firearms cupable of
bcing concealed upon the person, at evcnts spcciflcd in subdivision (g) of Scc-
tion 12078, subjcct to the prohibitions and restrictions conluincd in 1 ha I
subdivision.
^ pcrson licenscd pursunnt to subdivision (a) also .may accept delivery of
firearms other than pistols, revolvers, or other firearms capable uf bcing
conccaled upon the person, outside the building designated in I hc Iiccnsc,
provided the firearm is being donulell for the purpose of sale or lramfer al all
auction or similar event specifiell in subdivision (g) of Scelion 120n.
(D) Tlte firearlll 11I(1)' be delil'ered to tlte purcltaser, tmllsJerel!, or per,1II1/ beil/I:
loalled the firearlll (It olle oJ the JOIIOII'illg place,r:
(i) 11/C IJ/lildillg designated ill Ihe license. ':,
(ii) 11/e places specified ill slIbpamgnlphs (lJ) or (e).
(iii) 11/e place oJ residellce oj, tlte fixed place oJ b/lsilll!.u oj, or on plil'(/{e
property oWllcd or lawJully po.l"se.Hcd by, 'Ihe }lUre/HUe,., Imll.ifen'c, 01 jlC/'.HJl/
being loaned the firearm. " ,
(2) The license or a copy thereof, certillcll by the issuing aUlhority, shall bc
displaycd on the premises whcre it can eusily be seen.
(3) No fireann shall be lIelivered:' .. .'
(^) Prior to January I, 1996, within' 15 uays of thc application for lilt
purchase, 'or, after notice by the dcpartment pursuant to subdivhion (l f
Section 12076, wit hin 15 days of the submissiun tu I he deparlmcn t of cor-
reelcd copies of the register, or .within' 15 dnys of the submission to thc
departmcnt of any fce required pursuant 10 subdivision (d) of Scdioll 1207(1,
whichevcr is later. On or after January 1,,1996, within 15 days of thc applica-
tion forI he ptlrchase of a pistol, revolvcr, or other .firearm capable of bcing
conccaled upon the person, or, after notice by thc" deparlmcnt pursuanl lu
subdivision (c) of Section 12076, withi,n 15 days of the sllblllission 10 thc
dcpartment of currectcd copics of the' registcr, or within 15 days of Ihe
submission to thc dcpartment of lIny fee rcquired ptlrsllant to subdivision (d)
of Sectiun 12076, whichever is Inter. On or after January I, 1996, within 10
days of the application for the purchase of any other firearm, tJr, ilftcr notice
by the dcpllrtment pursuant to subdivision (c) of Scction 12076, within \0
dllYs of the suhmission to Ihc t1epartmcnt of corrected copicli or the register,
or within 10 'days of the submission to the departmcnl of III1Y fee requircd
pursuant to subdivision (d) of Section 12076, whichevcr is IlIter.
(B) 'Unless unloaded a III I securely wrapped or unloaded and in a loded
container. . "
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presellls c1c~rJCvidehce of his or her identity and age to the dealer.
(D)\Whencvefi'the' 'dcalcr is~ lIotified by the Departmcnt of Justice that the
pcrs~!1'!8;i1i I ii "prohi~)Hi:d"C1i1ss described hi Section 12021 or 12021.1 or this
codror.:~e~\i~llr ,8!,99 ,o( 8103 of.the Welfnre and Institutio\1S Code. "
(4), ~p pistol,levolyer, or other firearm or imitation thereof capable of being
conceale((ur;on! the' pcrson,' or placard advertising the sale or other trnllsfcl'
thereof, 'shall ue displaycd in any part of the premises where it can readily be
seen: frolll"the outside.., 'q. ' , ' , . '.' .'
(5) The licensee shall agree to and shall act properly and promptly in process-
ing firearm~ transactions pursunnt to Scction 12082.
, (6) The liccnsee shall comply with Sections 12073, 12076, aIJ(I12077, 8ubdivi-'
sions (a) and (b) of Section 12072,'a\1d Bubdivisio\1 (a) of Section 12316.
(7) The licensee shall post conspicuously within the licensed premises the fol-'
lowing.warnings ill block lellcrs 1I0tle:'ls lIlan dne inch In height:
(A) "IF, YOU LEAVE A LOADED FIREARM WHERE A CHILD
ODTAINs AND .IMPROPERLY USES IT, YOU MAY DE FINED OR
SENT TO PRISON." I '
(lJ)' "DISCHARGING FllWARMS 'IN POORLY VEN71LATE/J AREAS,
CLEANING FllWARMS, OR llANlJUNG AllfllfUNI110N IIfA Y RESULT IN
EXPOSURE rex LEAD, A SUlJSl'ANCE KNOWN IV CAUSE lJIR111 DE-
FECTS, RW'ROIJUC11VE llAHAI, AND 011IER SERIOUS l'IlYSICAL IN-
lUll Y. llA FE A IJ/?QUA111 FEN'I1LA110N AT ALL 11MES. WASllllANIJS
I1JOROUGllLY AFI1JR EXPOSURE.'"
(8) Commencing April I, 1994, no pistol, revolver, or other firearm capable
of being concealed upon the person shall be delivered unless the purchaser,
transferee, or' person being loaned'. the nrearm presents to the dealer a basic
firearm safety certificate.
(9) Commencing July 1, 1992, the licensee shall offer to provide the purchaser
or transferee of a firearm, or person being loaned a firearm, with a copy of
the pamphlet described in Section 12080 and n~ay add the cost of the
pamphlet,if.anY,:lo the sales price Qf lhefirearm.
(10) The,licensee shall nut cummit an' act of collusion as denned in Section
12072. If" ,;\1 'r: i..I, ,,\ 'I' "'::"''''11'' ..':' . . 'I
(11) ,The 'licensee. shall post . conspicuously within the licensed premises, a
detailed list of ellch of'the following:"" , . "
(A) All charges': required' by governmental agenci~s for processing firearm
transfers require~1 by Sections 12076, 12082, and 12806.
(D) All f~~s'tha't',the.1ic~nsee charges pursuant to Sections 12082 and 12806.
(12) The licel~see shall not misstate the amount of fees charged by a
&overnmental agency ,pursuant tO,Sections 12076, 12082, and 12806.
(13) The ~icensee shnll report the. loss or theft of any firearm that' is
merchandise of the licensee, any firearm that the licensee takes possession of
purSUUlltto Section 12082, or any firearm kept at the licensce's place uf busi-
ness within 48 hou~s of discovery tu the appropriate law enfurcement agcncy
in the city, county, or city and county whcre the Iiccnsce's busincss prcmises
are locI'" ".'r'L'.:' . '"
(14) ,I. ,IVItIHI cOllnty, or in the unincorporated area of a counly witl;. . I
""I,. ':,'.'Vl flOO I"''':'II1S (.'" IIlore accord.ing tll 1I~~o.s( recent fcd .;:'.
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ueccI III III I census or within a city with a population of 50,000 persuns or.llIore
accurding tu the most recent federal decennial census, any t illle I he liccnsee
is .not open for busincss, the licensee shllll store nil nrcanlls kepi in his or Ill:!"
!Icensed plllce of business using (~ne uf thc fulluwing methods as III each
particular Hreunn:, " , . , . .
, .
(A) StOl"e the firearm in II secllre facility that is a part' uf, or that constitules,
the liccnsec's busincss prcmises. .,.' , ' . .. . "
(0) Secure Ihe llrcllrm with a hanlened steel rod or cable of allcnst onc-eighth
inch in diametcr through the trigger guard uf the fircarm. Thc sleel rod or
cable shall be secured with a hanJcned steel lock that has a shackle, The lock
llnd shackle shall be protccted or shielded from'the use of II bolt' ~lIller and
the rod or cablc shall bc ancl!ored ,in a manner that prcvenls tltc rcmoval of
the llrearm from the premises.' :', ' ,
(C) Slore 'Ihe' firearm in a lockcd fir~pr'oo~ safe or vault ii, the liccnscc's busi-
ness premises. ' ' .
, I ,
(15) The licensing authority in an unincorpuralcd area uf a cOllnly w:' a
... ....... population less than 200,000 persons according 10 the lIIos1 rL .il
federal decennial census or within'a city wilh a populaliun of less than 50,000
persons accurding lu Ihe lIIost reccnt federal decennial census lIIay illlpolie thc
requiremcnts specified in paragraph (14). .
(16) COlllmencing January '1, 1994, the licensee shall, upon the issuance or
renewal uf a Iiccnse, submit II copy of the same 10 thc Dcpartlllcnl of Justicc,
(17) Thc licensee shall maintain and make available for inspeclion during
business hours tu any peace otncer,' authorized local law enforcclllcnl elll-
pluyee, or Department of J\lstice' employec designllled by lhc Allo//lcy
Gencrnl, upon thc prcsenlalion of proper idcnlillcation, a llrcarms lransaclion
record.
(18) (A) On the date of rcccipl, thc licensee shall rcport to the Departmcnt
uf Juslice in II format prcscribed by' the department the acquisition by Ihe
licensce of the ownership of a pistol, revulvcr, or uther firearm capable or be-
ing concealed upun the person.
(U) The provisions of this paragraph shall nut apply to any of lhe following
transactiuns: .' . " ,
(i) A t ransaclion subject 10 t he provisions of subdi vision (n) of Scct iOIl I Lv /8.
(ii) The dealer ncquired the firearm from a wholesaler.'
(iii) The dealer'is also licensed as a secondhand dealcr pursuant to Article 4
(comlllcncing wil h Scction '21625)"of Chapter 9 of Division' 8 of t hc '~usi II ells
and Prufessions Cud e.; , .
(iv) The dealer acquired lhe' fii'cllrm from a person who is liccnsed as a
manufacturer or importer to engage in those activilies pursllant to Chaplcr 44
(commcncing wllh Sectiol1921) of Tille 18 ofthc Uniled States Code alld allY
regulations issued pursuant therelo. .
(y) The dealer ncquired the firearm from II person who residcs outsidc I his
state who is Iiccnsed'pursuanttu Chapter 44 (conllllcllcing wilh Scclion nl)
of'Tille 18 of Ihe Unitcd Stales Coue and any regulations isslIcd pHlsllall1
Ihere~o. .' .. _.
(c) (I) As used in)his article, "clear eviuence of his or hcr jl!cnlily alld agc"
means either uf the following: ,\ ~ .
(^., ,lid Cali~~l~ll driver's IicCl1se,",~._______._
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(B) A I.,.' alifunrin identificalion cllt~1 is,sIJed by Ihe Departlllcnt or Mot
Vehicles: ' . .' . ,. " .'
(2) As used :in lhis {I\tiele',' a "IJII.sk Ii Ie 1m 11 safely cerlilklllc" /lIeans 1\ bas,
fi rea I: III cel'l ilien t e' issued 'f 0 I t he (lmchnser,tmnsfcrce; 01' person being loaned
Ihe tlrennh by Ihe Departmenl or Justice pursuant to Article 8' (collllllellcing
wllhSel:lioll~'128(0) or <:":hnpter G.'. F:. '.... ..' ,I... ',';
(3) As used in, thi~ secl iOIl, II "secure racilily" lIleans' n building that'lt1eels all
oftlle fo!lowlrig 'speClficill ions: . .' I ., : i ':., ; , !.., . .
'.(^'1 0qi'>,hh~'ll~!~~';d.??I:~HYS shal\lIlcet oilC' or the full O\V i'lIg: ' .
. (i) ~ i~iljd\~\vle.ss;. ~t~~1 sr~uriti Idl1C?I;eqllipped ~....:iql, 09t1l a dead boll. and a
ido~)rkN~)~),lo~~~.,,:; :' ..; ,:.1 .., , '. '.'
(ii) A wllldowed IIlcllll door that is cquippeJ with both a deau bolt IIl1d a
doorkqob loc~: V the,windD\v has n." openillg of five il1c/tes or lIIurc lIIeastll"cd
'" allY directioll', thc \vhidow shall bc covcred with steel bars of alleasl onc-
hall' inch diameter or lnclnl grating or atlenst nine gauge amxcd to the exterior
orintc!'iot(Jf'the~oor.: '."....':'..!." .;'... . ". .,
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; (iii) ^"Illf1ta.1 g~n.tc,:that)s padlpcked nml alIixcd to thc liccnsee's premises
iildep~i1deht;pf ,tllc/.dpqr ~llld doorrra1l1~, .', . ,,' I ',1
(B) All win~ows IIfC cuvered with slcel bars.. .. ';. .:" .
,(C) Healing,! vehtilal ing,' uir-comlilioning, ami service openings arc secIJr.ed
wilh stcel,:bnx~"l1Ietnl grating, or 1111 nlnrrp system..: .,'f . ': ;.
:,(D). ^.ny .11'~t,~.I.\gr~tes have ~pac~s 110 larger thun six incl!es wide Ipeasured in
any JHPytJpljl:1" '..'Ilii .' ....I . j,l, ",' '. ' .."......:.
(G) Any l\lelnl.screens hnvc spaces no larger thani three inches wide measured
! ill flny, djre~tjon., ~II' I '1'.1 I.. '. , i, 'J":.,'
.(1') ^,I steel ba~s ~hnll be no further tJ1lI1l six inches IIpart. .",',
'(4)'As,uscH ,illthis 'scction; "liccnscd prclllises," "liccnsed pll\ce of business,"
.1'liceJ!see'!:I1 place ,of, hlHlincss, " or "liccnsee' s business prclIIiscs" IllCl!nS t hc
.buillling' designutelLintllc Iicensc. .: '. \. ". ", I I' .
(5) For. purposes of parngrnph (17) of subdivision (b):: ", .
. (^) A "fireati1\s',WlIIsaellon rec(jn)l' is n rccord contllinil1g lhe same informa-
lion rcfcrrcd to in Seetion 178.124a and subdivision (c) of Section 178.125 of
. Title 27 or the, Code of Fedcral Regulations. ) : '.
(B) ^ Iicenscc shall bc in compliancc wilh thc provision's of pamgmph (17)
,of subdivision (b) if he or she maintains and makcs avaiiable for inspection
.during ,busincss hOIJrs to any peace lltnccr, aulhorized l<icallllw cnforcemcnt
employec, or' Depar-tl11cnt of Justice cmployec designated by the Attomcy
General, UpOl1 the presentation or propcr idelttillcation, the buund book
.: coiltallling lhesl'lIle inforlllation I'ererrhl to in Section 178.124a and subdivi-
si(jn (e) of.S~cliotl 178,125 of Tille 27 of thc'Code of Petleral Regulations."
, (d) Upon written rcqllcst fro Ill. n Iicensec, the liccnsing authority may:grant
1!1I1 excmption fro~\l eOl11pliance with .lhe rcquiremenls of paragraph (14) or
subdivisiOl~ (b) ir the,liccnsec is unable 10 comply with thosc requirclIIcnts
'!1ccnuse of locnl ohlilll\nCeS, covel1ants, Icase conditions, or simil!ll' eirclllII-
stnnces nptltndcf tlic cOlltrol or lhc licensee. .
(e) Except as otherwise providctl in this subdivision, the Dcpartment of Justice
shall kccp !I ccntralizcd list uf 1\11 persons Iieensed pursllalll to subparngrnphs
(A) to (E), inclusive, of paragraph (I) bf subdivision (n). Thc deportment may
~~~~~e froll~~d5. Iist_.~~...!}el'~11 who knowingIY'()I' wilh gross liegligcnce
, '
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violatcs III1S arllC1C. UPUII 1~llIlIH" v. .. ~~,..~. .._"
be providcd to locnllaw cnforccment lIlHlliecnsing l\uthori.', '.lhe jlllis'dic-
tion where Ihe dealer's busincss is located. The deparl sh.dl IIlake
information about an individual dealer availablc, U)lOIl req\ I for O~lC or llie
f(}l\owillg purposcs only: '
(I) For law enrorcemcnt purposes.
(2) When the inforlllation is requesled by a pcrson licensed )l\ll!iUil II I I~)
Chnpter 44 (conllllcncing.with Section 921) or Tille 18 of Ihc Uniled Sillies
Code for delennining thc validity of lhc license fur firearm sldplllclIls.
(f) Thc Department of Justice lIlay inspecl dealers to cllsure cOlllpliallc~ willi
I Ihis article. The department may assess an 1l1l/lUal fee, /lut to exceed clghty-
five dollars ($85), to cover the reasonable cost of maintaining lhc list described
i/1 subdivision (c), including the cost of illspections. Dealcr:5 whose place of
business is ill a jurisdiclio/l lhat has ndoptcd an inspeclion progralll 10 CllSllfC
compliance wilh IIrearllls law shall be exempt frolll that porlioll of lhe
departmcnt's fce thaI relates 10 lhe cost of inspecliolls. Thc applicant is
responsible ror providing evidcnce 10 the departlllent that lhe jll1isdic!ioJl ill
which the business is located has the inspection program.
(g) Thc Deparlmcnt of Justice shall maintain and make available UPUII request
information cOllcemillg the /lumber of inspectio/ls cOllducted ami the illl1011llt
or fccs collectcd pursua/lt to subdivision (f), a Iislillg of exempted jurisdie-
tiOIlS, liS delined in subdivisioll (f), the /Iunlber of ocalcrs removed frOII) llic
centralized list defined in subdivision (e), and thc HUlllber or dealers found 10
have violated this article wilh knowledgc or gross negligcnce.
(h) Paragraph (14) 01' (15) of subdivision (b) shall not apply to a licellsee
organizcd as n nonprofit p\Julic uCI\efit or Illulual bellcfil corporalieJl) orga-
nizcd pursuant to Part 2 (coillmcncillg with Section 5110) 01' Pari J (conl-
/Ilcncing with' Section 7110) (If Division 2 of thc Corporations Code, if both
of the following conuitions arc satisficd:
(I) The nonprofit public bcnefit or l11utual bcnefit corporation obtaincd lite
dealcr's license solely nnd exclusively to assist that eorporalion or local
chapters of lhat corporation in conducling auctions or similar evcnts al which
firearms are auctioned off to fund the activities of thaI corporation or lite 10-
, cal chapters of the corpuration.
(2) Thc fircnr/t1s are nul pistols, revolvcrs, or olher firearms capable or Ig
concealcd \lpOI1 the person.
. Amended Slots 1992 eh 1J26 ~ 5 (All 3552); Slols 1993 eh 189 ~ I (AII164R), eh 606 ~ 9 (All 1(,(,), clr~l"'
live Seplember 29, 1993, operative unlil January I, 1994, eh 606 ~ 9.5 (All 166), erTeelive Sepltlllbcr 2'.1,
1993, operative January I, 1994, ell 1139 ~ 5 (SIl180). Amended Stots 1994 ell 2J ~ 10 (All 48l), ell 7\01
fi I (All 2449), ell 715 ~ I (All 3410), eh 716 p.3 (SB IJ(8). Amende,l Slals 1995 eh 118 p (51) 2.1)
Amended Slnls 1995 eh 91 ~ 134 (51! 915).
^ Il\ellllmenls:
1991 Amendment (eh 1326): (I) Sul>stiluled .. 'licensee,' 'persoll Jieellseu l'ulsunlll lu Seclion 12011,''' ru
.. '!icensee'" ill slIl>d (n)(I); (2) sul>sliluletl "sell, lease, or IrallSfer" fur "ellgage ill Ihe I>u.,ille.'s or sellin;
leasing, ur transfel ring" in the second paragraph of 5uhll (b)( I )(11); (3) suhslilulcll "WI I EIt E A C1111.1
OBTAINS AND IMI'IW)'ERLY USES IT, yOU MA Y liE FINED oR SENT '1 () I'IUSON" r.
"WITIIIN TilE IWAUI OR EASY ACCESS OF A Cll1l.1J, YOU MA Y liE FINEIl OJ( 'I>II'IU.'
ONEIJ, OR IIOTII, IF Till! CIIILD GAINS ACCESS TO, ^ND IMI'IWI'EHI.Y lISt'S,lll
FlltE^IlM" In the Onl I'nrnglnph nf Ihe Inlroduclory clAuse ofsubd (b)(7I; (41. slIhsliwlnl "Ociohc," [,
"Jllly" In snbd (1))(8); nnd (51 added slIbds (b)( II) and (b)( 12). .
1993 ^lIlc",ll1Icnl (ell 6116 ~ 9): (I) Deleted "cither Is pelsnually knowlI III Ihe lIenlel Ill" :lllef "
trallsfelee" in 511bd (h)(J)(C); (2) sllbsfilllled "April I, 1994" for "(lctober I, 199.1" In sultd (h)(8), AlId I
nlhlell sllbtls (1))(1.1) AIIII (,t). (As amended Slals 1993 eh (-,06. elllllpnfCIl10 Ihe ,eclilln AS il lea" l"i<11
1'1'1.1. '1 his 5edillll \\'.501"" a'1I['lIlell by all endier chApler. ch 189. See GIIV C ~ 9b()5.)
U....,i/lIl;lIr h! ! '!??f _ _.
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, . y' ,,, ,,,," ,HJ "" "I'PI,cOllle lucol lnw~, teglllnllolln, nllt! fces, If nllY" nl Ihc
f'hl of ,he nrsll'ArAgrhph of 511h" (11)(1)(11): Ie) ddellllg Ihe fotlllet second 11nrllglnllh of sl1bd (b)(I)(Il)
which reMII "A rersllll IIcemell l'",nnonl to sllb"ivl~lnll (n), alllllll shows 1\1111 evellts, nlso /IIOY scll, leose,
or hnmfet "rthrlllS IIlhet Iholl 1,lstoh. Icvolve!s, lit nlher I1teomu cnpohle nf helng cOlleenlc" "1101\ lhc
l'ersnn, I'llIvlded ",e pelson (I) cIlIl\l'lIes wllh nil other n""lIcoble Inw, 11I.:Il1d11l8, hilI not Ilmllcd 10, Ihe
I S.,loy wolllng perlo" s}>tcll1ell \n ~1I"l'nlngrnl'h (A) IIf tllllnglnph(3), IInd (Ii) compllc~ with nil npplknble
lucnllnws, rcgololinlls, nlld fee~.lfnny."; Ill> slIbslitulillg "lllenlllU 'rnllsnctloll~" for "lrnn~fers oflircllrllls"
III slIhd (b)(S); (e) addlllg III"ds (h)( 13)-(h)( I (,); 10 ICllcslgllntlug fotluer sllbd (b)( 13) 10 be sll\ltl (,,)( 17):
(21 nddcd ,"blil (e)(3) 111111 (e)(4); (3) ndded IlIbd (d); nlld W redc~lgllllled f\lllller subd (d) 10 be aubd (e).
1994 Amendmclllt IlIlIddilloll 10 IIIOldllg lechlllcnl chllllgeS, (I) olhled ", nlld (F) I~ nllwllg III()~e tecutllcd
In lhe ccnlnlir.ed II~I Kl'edOc.111I Ruhllivhlon (e)" at Ihe cnd uf Rllhd (0)(1); (2) Rllbslll\llell "ltnnNfelce. or
I'cuon being loalled Ihe Iheallll" fur "lit "an~"c'ce"lll Rubds (h)(3)(C), (hl(lI), nnd (c)(2): (31 nmelldcd sllhtl
(b)(4) by 10/ nddlllg "or frnllallon IIlcreOr'; ollll (b) deletlllg "or huHnlloll Iheteor' nfler "lIl'onlhc petsoll":
(41 arllellded subd (b)(6) by (a) slIbstilllllllg "Sectioll! 12073, 12076, nlld 12077," for "Sections 12073 alld
12077 nnd,li oild Ib) addlllg ", dllll ~lIbdiviRlon (A) nf SecHun 1231 (l"j (5) ndded ", or person being lonnell A
Oteolln," In Sllbd! (b)(9) alll\ (c)(l)j (6) deletcd fOllller IlIbll (b)(l6) which reMI: "(6) l'Arngrnph (14) or
(I S) shall no\ npply to n lIeellsee III gnnlzed ns n IIllnptol1t public benent or II1Ulllal be!lelil curporllliOlI
olgAllized /lOtSllnnl 10 I'nrl 2 (Collllllellclng wilh Section SilO) or PArI 3 (commencing wilh Section 7110)
of D!visiqll 1 oUhe COIporolions Code, If bolll of Ihe followillg cOlllllllons lire sotlslied: .
"(A) The 1I0llpron.1 public beneOI or 1\111\IIAI benellt cotpototloll obtained Ihe deAler's license solely Dnd
e~eluslve!y 10 nss,l~tthnt eorpotatlon or local chnplers of Ihnt corporllllo\1 ill conductillg nuclloll! or Rimilar
evcnls,ol which nrenllns ate IIlIctlolled off to fllnd Ihe nclivi\ies of thAt corrorntlon or Ihe local chaplers of
lhe eorpolalld'l. "./1,':/ '." ".' . .,. '. :. , , '.. .
"(II) Tlie flrenrllls are nol plslols. levolvers, or other l1rcnrllls eapnble of beillg cOllcenlcd upolllhe per~oll."i
(71IedeslgIl8Ie~ formet subd (b)(17) 10 be subd (b)(16); (8) ndded subds (b)(17) nlld (b)(18); (9) slIbsfllllled
BUtK! (e)(I) for.former subd (e)(I) which reOI!: "(I) As used ill thl! nrticle, 'clenr evidellce of his or her
Idelllify olld og~' It,Cludes, bul Is 110t Iilllilell to, n 11Iolor vehicle ope to lor's Iicellse, II slnle idelltiflcnllnll
c8r~, 8~ armed forces Idenlincnlloll cnrd, nil employment Idenlification card wltich cOlllnins Ihe llenrer's
slgnotme ond pllOlogrnl'h, or nny sil1\i1nr dOcIIlllcntalloll which provides the seller reASonnble nss\lronce'nf
Ihe Idenll!)' nnd age of Ihe 11IItchoser."j (10) odded subd (c)(5)j (I \) lImended slIhd (e) hy subslillltlllg (n)
, the nTsI pnrogroph for' Ihe formcr IlItrodllclory clouse which lend: "Comlnellc!ng Mnrch I, 1994. Ihe
bepnlltnenl of JIl!tlcclholl keep II cenllnlized Ilsl'of 011 persons licellsedp\lrsuontto this section nnd shnll
ITToke IIIfoTI1I8tlon 8bout all hulivldunllJeoler nvoilnble. UpOIl requesl, fot olle of the followillg plll\l<l~es:"j
and Ib) "petSpn.licellsed puulIAnl lu Chapler 44 (colt1mCllclng wilh S~ellon 921) of Tille 18 of the Ullilc.!
Stales Code" f\lf ';mollllfnclmer. OIl Importer, ~ wllolesnler, nr a denier" hi suhd (e)(2): 01111.(12) added
suLds (d-(h). (A' omended Slals 1994 ch 716, cOllll'lIled tn the seel/on n~ II rend prior to 1994. This sec-
Ilnll wns olso onlemled by Ilnee enlller chnrler~, ch~ 23, 114, Dlld 71 S, See clov C ~ 960S.) \ .
1995 ^nlendmenh.(I) Added ~llh(' (bl(I)(/)): 121 nmended suhd (b)(7) by addillg Inl sllhdjvl~l()ll designa-
11011 {b){7)(A): and Ihl subd (b){7)(tJ): nnd (3) deleted lhe COll1l11a afler ,"coullly wilh II" III sllbd (b)( 15).
'. .
N\lle-Stol~ :1992 ch.1J26 Plovldes:,' ,-
SEO. 2(): 11!ls lI!e Ihlenl of 'he Lelll~lolure III ellncllllK Ihl5 Ael Ihnl 10 thc exleul plnellcnble, lhe Deporl.
ihcl1t nf JII~llce' sholll'rol1ll1lgofe n' ulliform fmlll Ihlll llIay he utilized p"tsUllfll In Seellul\ 12()1R uf the
Peflnl Code: ,I; ;!' ,\ " ':\
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9 12012,'1 ItcstrlcUOItS Olt ttlll1sfer Or ntennllSj PUlllshmentj lll\sic fircnrm
, safetY certlncl\te ''''''1, .., \ ". I .
. " \.. " i~ . r , . ~I .' :
(a) (1);No person, .cOr{lOratioll, or finn shall knowingly supply, deliver,' scll,
or' give possession or control of n. firel1l"lII to any persoll within allY of lhe
classes prohibited by Section 12021 or 12021.1. .
(2)' No' rersonr"corpornti~n, or denier shall sell, supply, deliver, or give pos-
session' of bonltol of 1\ Ih'carm 10 anY'persOIl whom' he or she has cause 10
believe to be within.any uf the classes prohibited by Section 12021 or 1202L1
of ,this code or SectiOIl 8100 or 8103 of the Welfare and.lnslilutionS Code. .
(3) (A'( pe niO 11 , corporatiol1, or firm shall sell, loall, or trnllsfer a Oreal
loa 11I1 ..'jl'l~..:.,
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(4) No perSOll, corporntioll, or dealer shall sell, loan, or tmnskr a Ii/Taml II
any person ,:"hol11 he or she kllows or has callsc to belicve ~H 1101 I he nct \liI
. purchascr or trnllsfcree of the Ilreann, or to any persoll wllO IS 1I0t Ihe pCISlH
. ;idulIlly being 10llned the 11 rCll rIlI , if the person, corporation, or denler lli1
either of the following: I
I(A) Knowledge that the I1rearm is to' be suuscqllcnlly Illaned, sold, \l
transfcrred to avoid the provisiolls of subdivision (e) or (d).
(Il) Ie nowledge that the Ii I"ea 1"lI\ is to be subscql~cntly IOllncd, :~(!Id, Of
transferrcd to avoid Ihe requircmcnts of llny exemption to {he proVISions oj
subdivisioll (e) Of' (d).
(5) No person, corporalioll, or dealer shallllcquire 1I I1rclIfI'n for the p.mpo5e
of selling, tnlnsfcrrillg, or loalling the I1rearlll, if {he pcrson, corporal 1011, 01
dealer has ei{hcr of the following:
(A) 11\ the case of l\ dealcr, intclll to violate subdivisioll (ll) or (c).
(U) III any olher case, illtent to avoid cither of the fullowing:
(i) The provisions of subdivision (d).
(ii) The req\lirements of any exemption to t'he provisions of subdivi~;joll (dl.
(6) The clealer shall comply ",ith the prol'isiol/s oJ pa rag rap II (/8) oj 5I1bdil'i-
sioll (b) ofSectioll 12071.
(b) No persoll licellsed under Secdon 12071 shall s\lpply, sell, deliver, or g.ivc
possession or control of a pistol, revolver, or fircarm capable of being
conccaled upon the person to anypersoll under the agc of 21 ycars or any
other Oreanll 10 II person under lhe age of 18 years.
(c) No dcnler, whether or nol ncting pursuant tu Sectiun 12082, sllall deliver
n firearm to a person, as follows:
(I) Prior to January 1, 1996, within 15 days of the applh:;~li.OI.1 fur Ihe
purchase, or, after notice by the L1epartmcnl pursuant to suudl VISIon (c) of
Section 12076, within 15 days of the submission to the dcpartmelll of cor-
rectcd copies of lhe register, or within 15 days of the sublllbsion' the
depnrlmcnl of any Ice rcquired pursuant to subdivision (eI) of Sectiol\. ,7(1,
whichever is laler. On or after January I, 1996, within 15 days of thc applica-
tion for the purchase of II pistol, revolver, or other firearm capable of being
concealcd upon the person, ot, after nolice by the dcparllllcnl pursuant (0
subdivision (c) of Section 12076, within 15 days of the sublllissjo,1l In Ihe
department of corrected copies of the regis.lcr, or within 15 ll;~y~. .of the
'submission 10 the department of any fee rcq\\Ircd pursuallt to subdlVISlO1l (d)
of Section 12076, whichever is later. 0/1 or aftcr January I, 1996, withil\ \0
dUY5 of the application for the purchase of any other OrcaI'm, or, ancr nutice
by the department pursuant to subdivision (c) of Section 12076, within 10
days uf the submission to the department of corrcctcd copies of the register,
or within to days of the submission to the departmcnt of any fee requircd
pursuant to subdivision (d) of Section 12076, whichever is latcr.
(2) Unless unloaded and securely wrappcd or unloaded a III I ill a lodc(!
con (niner.
"(3) Unless the pilrchascr, transferce, or pcrson being' 'Icd the ftreill"lll
prcscnls dear evidence of his or her idcntity and agc, a: .\Iled ill Sectioll
12071, to I he d~a,l~_~. ,. , _ ._;.~~::;::::::.::..:::..-:::::.. ..::,.: "._ _ '~ ._
:e
.
3E?O?E ":'-...;-"";:' CITY COu~CIL O? T3E CITY l...~ L.f._FAY:::TTE
In L~e Matte~ of:
~ . "h' "M . . , C -
]...J!lena.J..ng I...~ e __unlcJ..pa~ oa.e
Regarding Fi~earms and Firearms
Sales Activity (Chapte~s 6-4 and
8-6)
)
)
)
)
)
Ordinance No. 439
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TU"1:'
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OF LAFAYETTE DOES ORDAIN ]'.S
CITY
COUNCIL OF
CITY
FOLLOWS:
SECTION 1. Section 6-421 entitled "Firearm sales" of Chapter
6-4 ("Activity Classification") of Title 6 (lIPlanning and Land
Use") of the Municipal Code is amended to read:
t16-42~
Firearm sales.
lIFireaW!l sales" means the sale, transfer, lease, offer or
adven:lsing for sale, transfer 0'::- lease of a firea~m, WnlC!l
includes a gun, pistol, revolve~, rifle or any device designed to
be used as a weapon f~om which is expelled through a bar~el a
projectile by the force of any explosion or othe~ form of
corr,:::'ustion. II
SECTION 2. Sections 8-601 and 8-602 of Chapter 8-6
(IIFirearmsll) of Title 8 ("PUblic Welfare, Morals and Safetyll) of
the Municipal Code are amended to read as follows:
"B-60~
Definition of firearm.
. In this ll..rticle I, "firearmll means a gun pistol, rifle,
revolver, air rifle or air gun, b-b gun and bow and arrow or
c~ossbow , or any other instrument of any kind, character or
\. description which th..-ow or proj ects a bullet or missile or
substance by means of elastic force , air or explosive substance
likely to cause bodily harm.
.
JJ
8-602
Unlawful to discba~ge firearm within the city.
No pe:!"son may fi:!"e or discharge a firearm, as defined by
section 8-601, wi thin the city, nor may a parent, guardian or
person having the care, custody or control of a minor permit the
:minor to fire or discha::-ge a firearln within the city." ~
SECTION 3. Section 8-608 of Chapter 8-6 ("Firearmsll) of
Title 8 (lIpublic Welfare, Horals and Safetyll-) of the Municipal Code
is amended to read as follows:
Page 1 of 4
of orcinance No~ 439
.c.
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"8-608
conditions of 2.?prova1.
In addition to other re~i=e;:nents and conditions of thiS.,
Chapter, a police permit is subject to the following conditions," ~
the breach' of any of which is sufficient cause for revocation of i. . ..
the permit by the chief of police:
(1) ~~e business shall be carried on only in the building
located at the street address show~ on the permit. This
requirement, however, . does not prohibit the permittee
from participating in a gun show or event which is
authorized by fede~al and state law upon compliance with
federal and state-law;
(2) the police permit, or a certified copy of it, shall be
displayed on the premises and at gun shows where it can
be easily seen;
(3) the applicant shall not permit any person under 28 years
of age to enter or remain within the premises without
being accompanied by the parent or ether adult legally
responsible for the minor child where the firearms sales
activity is the exclusive business performed at the site;
(4) the permittee shall not deliver a firearm to a purchaser
earlier than is allowed bv applicable state and federal
.. --
law;
(5)
the permittee shall not deliver a firearm to a purchaser,
lessee or other transferee unless the firearm is unloaded
and securely wrapped or unloaded in a locked containerj
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(6) the permittee shall not deliver a firearm to a purchaser,
lessee or other transferee under the age of 28 years, or
a firearm capable of being concealed upon the person ~o
another person under the age of 22 years. Clear evidence
of the identity and age of the purchaser shall be.
required before delivery of a firearm to a purchaser,
lessee or other transferee. Evidence of identity may
include, but is not limited to a motor vehicle operator's
license, a state identification card, an armed forces
identification card, an employment identification card
containing the bearer's signature and photo-graph, or
similar documentation which provides the permittee or
seller reasonable assurance of the identity and age of
the purchaser;
(7) the pe=mi ttee shall not sellr lease or otherwise transfer
a firearm to a person whom the permittee or seller has
reason to believ~ is within any of the classes prohibited
by Penal Code sections 22021 or 22021.2, or Welfare and
Institutions Code sections 8100 or 8103;
.
(8) no firearm or imitation of one Dr placard advertising its
Page- 2 of 4
of Ordinance No. 439
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sale or ol..!ler
th.e premises
outside;
transfer shall be dis~_;yed in any part of
whe!"e it can !"eadily be seen- from the
(9)
the .permi ttee shall not sell, lease or otherwise transfer
a firearm without also selling or otherwise providing
T.~~~n e~ch &~~e~~ ~ ~r;gge~ lock o~ s;~;'~~ d~vic~ tnat
......l..._ _ ........_ _........ .... l.. _ .... _ _ _",-,__c.;.._ - - - ..
is designed to prevent the unintentional discharge of the
firearm;
(10)
the permittee shall
firearms transactions
12082;
properly and promptly process
as required by Penal Code section
(11)
the permittee shall keep a register of sales as required
by Penal Code sections 12073 and 12077;
(12)
the Derm~ttee shall post conspicuouslv within the
licen;ed premises all charges and fees req~ired by Penal
Code section 12071(b) (11) and the following warning in
block lette!"s not less than one inch in height:
"IF YOU LEAVE A LOF.DED FIREF...R..1-.f w""EERE F.
C5ILD OBTAINS F_~D IMPROPERLY USES IT, YOU
}f-AY BE FINED OR SENT TO PRISON. II
(13) no firearm capable of being concealed on -cne person
shall be delivered to a purchaser or transferee, unless
that person presents to the permittee or seller a
current basic firearm' safety certificate, unless
otherwise exempted by state law;
(14) the permittee shall offer to provide to the purchaser or
transferee of a firearm a copy of the pamphlet described
in Penal Code section 12080 and may add the cost of the
pamphlet, if any, to the sales price of the firearm;
(15)
.the nermi ttee shall report the loss or theft of a
fire;rm that is merchandise of the permittee, a firearm
that the permittee takes possession of pursuant to Penal
Code section 12082, or a firearm kept at the peDilittee's
place of business within 48 hours of discovery to the
police department.
SECTION 4 . Effective Date. This ordinance shall become
effective 30 days after its adoption.
SECTION 5. Publication. The citv Clerk shall either (a)
have this Ordinance published once withIn 15 days after adoption
in a newspaper of general circulation, or (b) have a summary of
tillS Ordinance published twice in a newspaper of general
circulation once five days before its adoption and again with 15
Page 3 of 4
of O=dinance N.o.- 439
l~
days after adoption.
The foregoing Ordinance was introduced at a meeting of L~e
city council of the city of Lafayette, held on ,
~995, and was adopted and ordered published at a meeting of the
city council held on , ~9951 by the following
vote:
AYES:
NOES:
ABSTJ.l..IN:
ABSENT :
ATTEST:
city Clerk
laf\o=d\fi=ea~.amd
I ~
Mayor
Page .A of 4
of Ordinance No. 439
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BE?C2E T:::=- _ITY COGNeIL OF 'T'..~ CITY C
i,~ -;:"~ V-;:"'T''T'-;:''
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In ~~e Matter of:
"~endL~g the Municipal Code )
Chapters 6-3, 6-4, 6-5, and 6-9 )
to Title 6 (Planning and Land Use )
Regarding ~~e Sale of Firearms, )
and Amending Chapter 8-6 to )
Title 8 (Public Welfare, Morals )
~~d safety) Regarding Additional )
Permitting Requirements for the )
Sale of Firearms )
)
Ordinance No. 433
..,.,.......
_n..1:.t
CITY
COu""NCIL OF THE CITY OF LF.FAYETTE DOES ORn); TN AS
FOLLOWS:
SECTION 1. Section 6-327 of Chapter 6-3 (Definitions) of
Title 6 (Planning and Land Use) of the Lafayette Municipal Code to
read:
"6-327
Rome occupation.
"Home occupationll means an activity conducted by a person at
his principal place of residence as a means of livelihood or in
expectation of a profit, which may involve not more than one
:4llronresident employee employed in the home occupation, and which:
(a) Does not change the residential character of the
dwelling;
(b) Is not detrimental to the health{ safety or welfare of
the occupants of nearby property or of the community
generallYi
(c) Involves no evidence outs~Qe any structure or visible
from outside any structure that the activity is being
conducted on the premises;
(d) Requires no vehicular or pedestrian traffic or parking
in excess of that normally associated with a.strictly~
residential use of the premises; and
(e) Is not a use which is an otherwise prohibited use in a
residential area."
SECTION 2. Section 6-42l entitled rrFirearm salesll is added
to Chapter 6-4 ('f.Zl.cti vi ty Classification") of Title 6 (1I::?lanning
and Land Usel/) of the Municipal Code to read:
.
Page 1. of 17
0= D:::-dinance
No._ 433
JS
/"
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tt6-42~
Firea=:n sales.
"Firea~ sales" meaDS the sale, transfe=, lease, offer or
adver~ising.for sale, transfer or lease of a firearm as defined '.
unde= sec~ion 8-601, or firearm ammunition or firearm 2.Jm!lunition:-:~ .-:'
componentr including any cartridge or encasement, bullet or
projectile, primer or propellant or explosive material used in the
manufacture of 2.JllIllll..1'1i tion. II
SECTION 3. section 6-533 entitled "Firearm sales" is added
to Chapter 6-5 (If General Provisions") of Title 6 (rrPlanning and
Land Use") of the Municipal-Code to read:
"6-533
Firearm sales.
(a)
Purpose. It is the
for the appropriate
and regulate such
process.
purpose of this section to provide
ioc~tion of fi~earm sales a~tivity
activity through the permitting
(b)
Permit Requirement. The sale of firearms is permitted' on
the issuance of a land use permit, and a police permit
as provided under Chapte= S:6, p~ticle 2, in the Retail
Business District (RE), General Commercial District (C),
Special Retail Business District (SRB), and General
Commercial District 1 (C-l). Firearm sales are
prohibited in all other land use districts.
...<..e
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t;.. "." ..
(c) Procedure. An applicant for a land use permit for the
sale of firearms shall apply to the planning commission
by application prescribed by the city in the manner
provided by section 6-201 et seq.
(d) Criteria... In addition to the fi[ldings required under
section 6-215, the planning commission shall review an
application for a land use permit for the sale of
firearms for satisfaction of the following criteria:
(1)
locational compatibility of the proposed use with
other existing uses in close proximity, in
- 'particular elementary, middle or high school, pre-
school or day-care center, other firearms sales
business, liquor stores and bar, and residentially
zoned area; .
(2)
archi tectural cOInpatibili tv of the proposed use with
other existing uses in the vicin-i ty., due to the
requirements of Chapter 8-6, Article 2 regarding a
"secure facility. II
(e)
Conditions. An approved land use permit is not valid
until the applicant satisfies the follOwing terms and
condi tions: .-
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Page ~ of ~7
of O=dinance No. 433
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(1) possession of a valid police per:I'lit 2.S regui.:-ed
under sections 8-605 et seg.i
( Z)
possession of all licenses and pe=wits required by
fede.:-al and state 12.Wi and
(3) compliance with the requirements of the city's
Building Code, Fire Code 2.nd other technical code
and regulation which governs the use, occupancy,
maintenance, construction or design of the building
or structure. The use permit shall also contain a
condition that the applicant must obtain a final
inspection from' the- city building official
demonstrating code compliance before ~~e applicant
may begin business at the premises at issue.
SECTION 4. Nonconformina Use. ]...n oper2.tor of a fire2.nIl sales
aC-Cl Vl -cy in a residential zone who is the holder of a valid
Seller1s Permit issued by the state Board of Equalization and a
valid certificate of Eligibility issued by the California
Department of Justice, all of which were issued prior to october
24, 1994, may contlnue his/her firearms sales activity provided a
Police Permit and Business Registration are obtained from the City
within sixty days of the effective date of this ordin2.Dce, and
provided the operator remain fully licensed by all agencies listed
above.
SECTION 5. Section 6-905 (IIUses requiring a pe:r-mi t) of
Chapter 6-9 ("Business and Commercial Districts"), ]..rticle 1-
Retail Business District of Title 6 ("Planning and Land Usell) of
t~e Municipal Code is amended to read:
"6-905
Uses requiring ~'permit.
In the RB district the following uses are permitted after the
issuance of a land use permit:
(a) commercial automotive fee parkingi
(b) Commercial recreation;
(c) Day-care and educational servicesi
(d) Fast-food restaurant with drive-thru, drive-up or pass-
tr~u window servicei
(e) Financial service;
(f)
General food sales, where the tote.l floor area is or
exceeds 2,000 square feet in size;
Page 3 of 17
of o=cinance No. 433
17
(g) Real es~ate sales;
(n)
Residen~ial dwelling units;
(i) Self-service laundry or retail dr1 cleaners which
complies with section 6-532;
(j) Utility distribution and civic servlcei
(k) Re~ail business utilizing access to or from a public
street having a right-of-way of 55 feet or less, which
forms the common boundary between a district of any
.residential class.ification and the RB district. The
application for land use permit shall be determined by
the effects of traffic upon such a street occasioned by
the use within the RB district, the characteristics of
the adj acent areas, traffic problems, pedestrian traffic,
and other considerations found pertinent to the
particular area concerned;
(1) Business and com..-rnunication service, where the total floor
area of the building is or exceeds 2,000 square feet in
size;
(m) Home/business furnishings, where the total floor area of
the building is or exceeds 2,000 square feet in size;
(n)
(0)
Sales representatives and goods brokers;
firearm sales. II
SECTION 6. section 6-924 ("Uses requiring a use permitll)
of Chapter 6-9 ("Business and Commercial Districts II) Article 2.
General Commercial District of Title 6 ("Planning and Land Use")
of the Municipal Code is amended to read: .'
"6-924
Uses requiring a use permit.
In the C district the following uses are permitted subject to
the issuance of a land use permit:
(a) Automotive servicing;
(b) Commercial automotive fee parking;
(c) Commercial laundry or dry cleaning;
(d) Commercial recreation;
(e) Communication assembly and education;
(f)
Construction sales and service;
Page -4- of 17
of O=dinance No. 433
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8-502
Dnlawful to discharge firearm w~thin the city.
No person may fire or discharge a firearm within the city, nor
may a parentI ~..lardian or person having the care, custody or
control of a.minor permit the minor to fire or discharge a firea~
wi thi..TJ. the city.
8-503
Exceptions to prohibition of Section 8-502.
Section 8-602 does not apply to the use of a firearm by:
(a) A peace officer or person in the military service in the
discharge of their duties;
(b) A person using a firearm in the defense of their person
or the life of another person or in defense of their
livestock or domestic animal or their property, to the
extent authorized by law.
8-604 (Reserved)
Article 2. Sale of Firearms and Munitions
8-605
Police permit required.
(a) Except as provided in Penal Code ~ l2070(b), as it may
be amended from time to time, it is unlawful for a person
to engage in the activity of IIfirearm sales" as that ter:u
is defined under section 6-42l without a police permit
as required by this chapter.
(b) The requirement for a police permit is in addition to the
requirement under section 6-533 for a land use permit for
firearm sales activity. No person may engage in firearm
sales activity without both a land use permit from the
planning commission or city council on appeal and a
police permit.
8-606
Application.
(a) ~_"1 applicant for a permit or renewal of 2 permit under
t.:'1is chapter shall file with the chief of police an
application in writing, signed under penalty otperjury,
on a form Drescribed bv the citv. The aDDlicant shall
Drovide 211- relevant information ~ecruested -to demonstra'"Ce
~ompliance with this chapter including:
(l} t.he name, age and address of the applicant;
(2) the address of the proposed location for which the
permit is required, together with the 'business name,
if any;
(3)
proof of a possessory interest in the property at
Page 9 of li
of O=dinance ~o: 433
/'1
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which the p~oposed business will be'conducted, In
the form of owne~ship, lease I license or oth'e~
enti tlement to ODe~ate at such location and the i
w-ri tte~ consent of the ow-ner of record of t.b.e real (r---.,. .i
propercy i " ,""j
(4) a floor plan of t.he proposed business which
illustrates the applicant's compliance with securit.y
provisions of section 8-609i
(5) proof of the issuance of a land use permit. at. the
proposed location required under sect.ion 6-533i
(6) proof of compliance with all federal and stat.e
licensing lawsi
(7) information relating to licenses or permits relating
to other weapons sought by ~~e applicant from other
jurisdictions, including, but not limited to date
of application and whether each application resulted
in issuance of a licensei
(8) information relating to every revocation of a
license or permit relating to firearms, including
but not limited to date and circumstances of the
revocation;
(9)
annlicant's agreement to indemnify, defend, and hold
harmless the City, its officers, agents, and
employees, from and against all claims, losses
costsr damages and liabilities or any kind,
including attorney feesr arising in any manner out
of the applicant's negligence or int.entional or
willful misconduct.
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(10)-'certification of satisfaction
requirements' under section 8-610;
of
insurance
\..
(11) all convictions of the applicant for any of the
offenses listed in section 8-612(5).
(b)
The application shall be accoIDnanied by a nonrefundable
fee for administering this chapter established by city
council resolution.
8-607
Investigation by chief of police.
The police chief shall conduct an appropriate investigation
of the applicant to determine for the protection of the puplic
safety whether the permit may be issued. The police chief may
require an applicant, or any officerr agent, or employee thereof,
to provide fingerprints, a recent photograph, a signed
authorization for the release of pertinent records, a complete
personal history set forth on a questionnaire provided by t.he
.
.---- :
Page 1.D of 17
of O=dinance No. 433
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::Jolice C:lle::, and an v oth.e.:- aedi -:ional
-c'~~p~ ~~Ms;n-~s Me~~ss-~v to C~M~lp-~
..~_. ......v.l.... __.......t::_ J.. _ c._ _ '-'40..::'____
in::o=mat_~n whi~h. the police
the investigati~n.
8-608
Conditions of approval.
:.'" In addition
Chapter, a police
the breach of any
the permit by the
to other requirements and conal. "t.l.ons of this
permit is subject to the following conditions,
of which is sufficient cause for revocation of
chief of police:
(1)
the business shall be car.:-ied on only in the building
located at the street address showu on the permit. This
requirement, however, does not prohibit the permittee
from participating.- in. a gun show or event which is
authorized by federal and state law upon compliance with
federal and state law;
(2)
~. li i- o~~i~' ~ &
~ne po _ce perm_~,. or a C~_~_~.l.e_ copy o~
displayed on the premises and at gun shows
be easily seen;
it, shall be
where it can
(3 )
the applicant shall not permit any person under 18 years
of age to enter or remain within the premises without
being accompanied by the parent or other adult legally
responsible for the minor. child;
.
(4) the permittee shall not deliver a firearm to a purchaser
earlier than is allowed by applicable state and federal
law;
(5)
the permittee shall not deliver a firearm to a purchaser,
lessee or other transferee unless the firearm is unloaded
and securely wrapped or unloaded in a locked container;
(6) the permittee shall not deliver a firearm, firearm
ammunition or firearm ammunition component to a
purchaser, lessee or other transferee under the age of
18 years, or a firearm capable of being concealed upon
the person to another person under the age of 21 years.
Clear evidence of the identity and age of the purchaser
shall be required before delivery of a firearm to a
purchaser, lessee or other transferee. Evidence of
identity-may include, Hbut is not limited to a motor
vehicle operator's license, a state identification card,
an armed forces identification card, an emplo)~ent
identification card containing the bearer's signature and
photograph, or similar documentation which provides the
permittee or seller reasonable assurance of the identity
and age of the purchaseri
(7)
the permittee shall not sell, lease or otherwise transfer
a firearm to a person whom the permittee or seller has
reason to believe is within any of the. classes prohibited
by Penal Code sections 12021 or 12021.1, or Welfare and
.
Page 11 of 17
of o=dinance No~ 433
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Institu~ions code sections 8100 or 8103;
(8) no firea=m, firea~ a~unition, firea=m ammunition'
component or imitation of one or placard advertising its ;-\
sale or other transfer shall be displayed in any part of
t.11e premises where it can readily be seen from the . .." "
outside;
'(9) t..'rJ.e permittee shall not sell, lease or otherwise transfer
a firearm without also selling or otherwise providing
with each firearm a trigger lock or similar device that
is designed to prevent the unintentional discharge of the
firearm;
(10) t..1J.e permittee shall not sell, lease or otherwise transfer
to a person an ammunition clip or magazine that has the
capacity to contain more than 15 rounds of ammunition;
(11) the permittee shall not sell, lease or otherwise transfer
to a person ammunition that has no sporting purpose and
is designed to expand upon impact, including but not
limited to, Black Talon bullets;
(12)
the permittee shall
firearms transactions
12082 ;
properly and promptly process
as required by Penal Code section
(13) the permittee shall keep a register of sales as required
by Penal Code sections 12073 and 12077;
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(14) the permittee shall post conspicuously within the
licensed premises all charges and fees required by Penal
Code section 12071(b) (11) and the following warning in
block letters not less than one inch in height:
IT IF YOU LE.~..vE-p._ LOADED FIRE}...R11 WhERE A
CHILD OBTAINS -p._~D IMPROPERLY USES ITr YOU
lw"f..AY BE FINED OR SENT TO PRISON . II
(15) no firearm capable of being concealed on the person
shall be delivered to a purchaser or transfereer unless
that person presents to the permittee or seller a
current basic firearm'- safety certificater unless
otherwise exempted by state law;
(16)
the permittee shall offer to provide to the purchaser or
transferee of a firearm a copy of the pamphl~t described
in Penal Code section 12080 and may add the cost of the
pamphletr if any, to the sales price of the firearm;
(17)
the permittee shall reDort the loss or theft of a
firearm that is merchandise of the permitteer a firearm
that the permittee takes possession of pursuant to Penal
Code section 12082, or a firearm kept at the permittee'S
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of Ordinance No. 433
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r
place 01 Dusiness within 43 hours
police department.
discover"".f to the
8-609
Requirement of secured facility.
".
(a)
-.
In' addition to the conditions of aDDroval stated in
section 8-6081 the business location .as show'"11 on the
police permit shall be a secured facility meeting all of
t.~e following specifications:
(~) Every perimeter door""way shall include one of the
following:
A. a window~es~.steel security door equipped with
both a dead bolt and a doorknob lock; or
B. a windowed metal door that is equiDDed with
both a dead bolt and a doorknob lock. If the
window has an opening or five inches or more
measured in any direction, the window shall be
covered with steel bars of at least one-half
inch diameter or metal grating of at least
nine gauge affixed to the exterior or interior
of the door.
(2) Every perimeter doorway shall also be provided with
an exterior metal orate that is padlocked and
affixed to the permittee'S premises independent of
the door and the door frame.
.
Every window covered with steel bars.
(3)
(4)
Heating,
openings
grating,
ventilating, air-c?nditioning and service
are secured with steel bars, metal
and an alarm system.
-
(5) J...ny metal grate may. pot have a space larger than
six inches wide measUred in any direction.
(6) Each metal screen may not have a space larger than
three inches wide measured in any direction.
(7) All steel bars shall be no further than six inches
apart.
(b) Upon w~itten request by the permittee, the police chief
may approve alternative security measures which he or
she considers will Drovide ecruivalent or sUDerior
security to the premis~s as the measures required-under
subsection (a).
(c) Every firearm kept in the permitted place of business
shall be stored using one of the following methods:
.
Page 13 of 17
of O=dinance No~ 433
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(l)
The f irea=:n shall be secured with a "hardened steel
rod or cable of at least one-eighth inch in
diameter through the trigger guard of the firearm.
The steel rod or cable shall be secured with a ,r-
hardened steel lock that has a shackle. The lock'
and shackle shall be protected or shielded from the
use of a bolt cutter and the rod or cable shall be
anchored in a manner that prevents the removal of
the firearm from the premises; or
(2)
The firearm shall be stored in a locked fireproof
safe or vault in the permittee'S business premises;
or
(3) All firearms shall be stored on the premises out of
the reach of customers in secure, locked facilities
approved by the chief of police by which access to
firearms is controlled by the permittee or seller
to the exclusion of all others.
8-6~O Liability Insurance.
(a)
No poli.ce permit shall be issued or reissued unless
there is in effect a policy of insurance In a form
approved by ~ne Cl~y and executed by an insurance
company approved by the city, whereby the applicant is
insured against liability for damage to property and for
injury to or death of any person as a result of the
saler lease or transfer or offering for sale, lease or
transfer of a firearm. The minimum lia:bility limits
shall not be less than one million dollars ($lrOOOrOOO)
for each incident of damage to property or incident of
~njury or death to a person.
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(b) The policy of insurance shall contain an endorsement
providing that the policy shall not be cancelled until
notice in w.rriting has been given to the city manager at ..
least 30 days prior to the time the cancellation becomes
effective.
(c)
'8-6~~
(a)
(b)
~tf
Upon expiration of a policy of insurance
additional insurance is obtained, the
considered cancelled without further notice.
and if
.....
perm.J..__
no
J.S
Issuance of police permit; duration.
The police department may grant a police permit to the
a~Dlicant if it finds that the aDolicant comolies with
aii applicable federal, state andiocal laws inClUding,
but not limited to the state Penal Coder city Building
Code, Fire Code, and zoning and planning codes.
A police
issuance.
permit expires one yea::r-
A permit may be renewed
after the date of
for additional one
Page ~4 of 17
of O=dinance No. 433
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8-5~2
year per ...:.ods upon t~e pe=:ni "':.tee' s submission of an
application for renewal, accowpanied by a nonrefundable
renewal fee established by city council resolution. The
renewal application and the renewal fee must be received
bY'L~e police department no later than 45 days before
t.~e' expiration of the current pe~it.
A decision regarding issuance or renewal may be appealed
in ~~e manner provided for in section 8-614.
Grounds for permit denial.
The police chief shall deny the issuance or renewal of a
police pe-~it when one or mor~ oj the following conditions exist:
(1) The applicant is under 21 years of age;
(2) The applicant is not licensed as required by federal,
state and local law;
(3) The applicant has had a firea:!1!'.s permit or license
previously revoked or denieo Ior good cause within the
immediately preceding two years;
(4)
...
The applicant has made a false or misleading statement
of a material fact or omission of a material fact in the
a~plica~ion ;o~ ~ polico pe~~~~ T: - perml'~ is o"enioo"
J::! _ __ ~_ ..:... - t;;;.. _ _ _ _ ~ .:.1...L. \,.... . _ ~ Co. _ - 1.- - ! .-.-
on this ground, the applicant is prohibited from
reapplying for a permit for a period of two years;
(5)
The applicant has been convicted
O~.
- .
A. 1--11 offense which disqualifies the applicant from
owning or possessing a firearm under federal, state
and local law, including but not limited to the
offenses listed in Penal Code section 12021i
B.
'-
c.
D.
~
L.
An offense relating to the manufacture, sale,
possession, use or registration of a firearm or
dangerous or deadly weaponj
P-I1 offense involving the use of force or violence
upon the person of another;
1-..n offense involving theft, fraudl dishonesty or
deceit;
p-,-! offense involving the manufacture, sale,
possession of use of a controlled substance as
defined by the stcte Health and S2fety Code, as it
now reads or may hereafter be amended to readj
(6)
The applicant is within a class of persons defined in
the Welfare and Institutions Code sections 8100 or 8103;
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Page 15 of 17
of Ordinance No~ 433
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(7)
~~e a--l~c~n~ ~s c"--en~'" 0- b-s 'neon ~T~~h~n ~~e Das~
........ :::;J::;'-- ot.;..,;. L- _ ......_. ..J.L-_~ I .......c::. _.i. W-.I.. -- ~- .... "-
two years, an unlawful user of a controlled substance as
defined by the Health and Safety Code as that definition
now reads or may hereafter be amended to read;
(a) The operation of the business as proposed would not
comply with federal, state and local law.
8-6~3
Grounds for permit revocation.
In addition to the violation of any other
contained in this chapter, circumstances constituting
denial of a police permit also constitute grounds for
provisions
grounds for
revocation.
8-6~4 Rearing for permit denial or.revocation.
(a) A person whose application for a 'permit is denied or
revoked by the chief of police has the right to a
hearing before the chief of police before final denial
or revocation.
(b)
Within lO days of mailing wTitten notice of intent to
deny the application or revoke the permit, the applicant
may appeal by requesting a hearing before the police
chief. The request must be :made in writing 1 setting
forth the specific grounds for appeal. If the applicant
submits a timely request for an appeal, the chief of
police shall set a time and place for the hearing within
3D days.
(c) The decision of the chief of police shall be in writing
within lO days of the hearing. An applicant may appeal
the decision of the chief of police to the city council
in the manner provided in section l-2l5.
S-6~5 Nonassignability.
A.police permit issued under this chapter is not assignable.
~~ attempt to assign a police permit makes the permit void.
8-6~6
Compliance by existing dealers.
A person engaging in firearm sales activity on the effective
.date of this chapter or any amendment to it shall, within 60 days
after the effective date, comply with this chapter and any
amendment to it, except for the requirement for a land use pe~it
under secction a-60SCb).
8-6~7
Severability.
If a part of this chapter lS held to be invalid,
remaining portions of this chapter are not affected.
the
Page 16-0f 17
of O=dinance No. 433
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SECTION 10.
effec~ive 30 days
Effective Date. This
afte~ its adoption.
ordinance_shall
become
SECTION'll. Publication. The city Cle~k shall either (a)
have ~~is Ordinance published once within 15 days after adoption
in a newspaper of general circulation, or (b) have a summary of
this Ordinance published twice in a newspape~ of general
circulation once five days. before its adoption and again with 15
days after adoption.
The foregoing Ordinance was int~oduced at a meeting of the
city council of the city of ~afayette, held on October 24, 1994,
and was adopted and orderea pUblished at a meeting of the city
council held on , 1994, by the following vote:
p_YES :
NOES:
p..3STAIN:
l<..3S:ENT:
Mayor
?_TTEST:
city Clerk-
laf\ord\firearm."bft
Page 17 of 17
of Ordinance ~~. 433
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5.88.010
Chapter 5.88
DANGEROUS Y"VEAPONS
Sections:
5.88.010
5.88.020
DefInitions.
Discharging firearms
prohibited.
Us~ possession,
discharge and sale-
Minors-Prohibited.
Exceptions.
Disorderly conduct
prohibited.
5.88.030
5.88.040
5.88.050
5.88.010 Definitions.
For the purposes of this chapter, the
following words shall have the following
meanings set out in this section:
"Dangerous weapon" means and
includes:
1. Any knife having a blade three (3)
inches or more in length, or any snap-
blade or spring-blade knife regardless of
the length of the blade;
2. Any ice. pick or similar stabbing
tool;
3. Any cutting, stabbing or bludgeon-
ing weapon or device Capable of inflicting
grievous bodily harm;
4. Any straight edge razor or any razor
blade- fitted to a handle;
5. Any rifle, gun, pistol, revolver, air
rifle, B-B gun, air gun, sling, sling shot. or
other similar instrument or device
designed or intended to discharge or
capable of discharging a bullet. shot, or
other missile ofany kind. (Ord. 20-86 S 1)
~'1
5.88.020 Discharging firearms
prohibited.
A. No person shall fire or discharge
any gun, revolver, rifle, pistol, shotgun or
firearms of any kind within the corporate
limits of the city.
B. This section does not apply to
peace officers in the performance of their
official duties. (Ord. 31-87 SS 1, 3)
5.88.030 Use, possession, discharge
and sale-Minors-
Prohibited.
Except as otherwise pro\ided in Sec-
tion 5.8'8.040, it is unlawful for any
person in the city to sell, give, loan, or in
any way furnish, or to cause or permit to
be sold, given, loaned, or in any way fur-
nished to a minor, or to allow any minor
to use Dr possess or discharge, or for any
minor to use or possess or discharge a
dangerous weapon. (Ord. 20-86 S 2)
5.88.040 Exceptions.
Nothing herein shall be deemed to -
prohibit such minor from using or hav-
ing in his possession, care, custody Dr
control any such dangerous weapon in
the event that such possession, care, cus-
tody control or use is had with the con-
. , ,
sent of the parent or guardian of such
minor and is under the direct supervision
and control of some adult person; nor to
prohibit any minor from using or having
in his possession or control any dan-
. gerous weapon which is in good faith in
his possession or control or use of his
la'Wful occupation or employment or for
the purpose of lawful recreation. (Ord.
20-86 & 3)
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5.88.050 Disorderly conduct
prohibited.
Notwithstanding Section 5.88.040, it
is unlawful for any minor carrying upon
his person or having in his possession or
under his control any dangerous weapon
to engage in any fight upon any' public
place or way or upon the premises of
another. COrd. 20-86 S 4)
d--1
5.88.050
213
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(.) convenience market,'
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(1)
(m)
(n)
(0 )
(p)
(q)
.... Cr)
(s)
(t)
\
(b.)
(i)
Day-care and educational serv~cesi
Fa~t-food restaurant with drive-thru, drive-up or pass-
thru window service;
(j) Financial service;
(k) General commercial sales and service, where the total
floor area of a building or yard area, not including
areas used for parking or landscaping (wherever the
prima=y activity is not conducted within a building, or
~~e combination thereof, is 7,500 square feet or more;
Health care;
Light manufacturing and research;
Medical service, where the cumulative gross floor areas
is 3,000 square feet or less;
Residential dwelling unitsj
Hotels and motels;
Undertaking service;
Utility distribution and civic serv~ce;
Firearm sales.
. Uses which the planning commission has found, after
notice and hearing, to be comparable to the above uses
or which are determined to be compatible with the uses
and purpose of"' the C-l. district. The- concept of
consolidation of several retail core area uses into a
single complex (department store) which subverts the
purpose of separation and distinction between the retail
business district andlor the special retail business
district and the C district is not permitted;
SECTION 7. Section 6-965 (IIUse requiring a permit") of
Chapter 6-9 (llBusiness and Commercial Districts"), J...rticle 4.
Special Retail Business District of Title 6 (IIPlanning and Land
Use") of the Municipal Code is amended to read:
HIn the SR3 district, the following uses are permitted after
the issuance of a land use permit:
.
(a) Administrative;
(b) Commercial automotive fee parking;
31
Page 5 of 17
of O=dinance No~ 433
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(c)
C~~eYcial rec=eation;
(d)
Consultative se~vicei
(e) Fast-food restau~ant with pass-thru pedestrian service
window;
(f) Financial se~v~ce;
(g) General food sales, where the total floor area is or
exceeds 2,000 square feet in areai
(h) Residential dwelling units;
(i) utility dist~ibution and civic service;
(j)
Retail businesses utilizing access to or from a public
street 'having a right-of-way of 55 feet or less, which
forms the common bounda~y between a. district of any
residential classification and the SRB dist~ict. The
application for land use permit shall be determined bv
- - - -
the effects of traffic UDon such a street occasionec bv
~he "so wi.....bin .....he ~?3 d~s"""-;c'" ....'h"" c'h-,.-ac....""-.;s.....;cs o~
/..,.. _ _ _ L- ...._J. L.... ~...... _ 1...._.-. l.-, l.-...._ .....c_ L..._";"..l.. t.... .J,.
the adj acent a~eas, t~affic problems, pedestrian traffic,
and other conside~ations found pe~tinent to the
particular area concernedi
(k)
Business and communication services where the total floor
area is or exceeds 2,000 square feet in sizei
(1) Home/business furnishings, where the total floor area is
or exceed 21000 square feet in siZei
(m) Sales representatives and goods brokersi
(n) Self-service laundry or retail dry cleaners-which
complies with Section 6-532i
(0) Firearm sales.ll
SECTION 8. Section 6-984 (UUses requiring a permit") of
Chapter 6-9 (llBusiness and Commercial Districtsl1),' Article 5.
General Co:m:mercial District 1, of Title 6 (IIPlanning and Land Usell)
of the Municipal Code is amended to read:
"6-984
Uses requiring a permit.
The following uses are permitted in the C-1 district on the
issuance of a land use permit:
(a) Administrative civici
Page-6 of 17
of Ordinance No. 433
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(b)
(c)
. (d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
.
Automotive sales, rental and delivery;
Automotive servlclng;
Auto repair and cleaning;
commercial automotive fee parking;
Commercial laundry or dry cleaning;
Commercial recreation;
Community assembly and education activity;
Construction sales and service;
Convenience market;
Day-care and educational service;
Fast-food restaurant with drive-thru, drive-up or pass-
thru window service;
Full-service restaurant;
General commercial sales and service, where the total
floor area of a building or yard area, not including
areas used for parking and landscaping (wherever the
P~.l.'m~~y ac~iui~y is no~ conQ'u~~pd ~.~i~~in a bui1dina) o~
_- c.._. l".._v_L... _ L... J. \.-1.-_ w_'-':'.._.1 -- .....-...; 1 _
the combination thereof, is 7,500 square feet or more;
(0) General food salesj
(p) Light manufacturing and research;
(g) Real estate .service;
\.
(r) Residential dwelling units;
(s) Hotels and motels;
(t) Undertaking service;
(u) Utility distribution and civic service;
(v) Firearm sales;
(x) Uses which the planning commission has fOll.."11d, after
notice and hearing, to be comparable to the above uses
or which can be determined to be compatible with the uses
and purpose of the C-l district. The concept of
consolidation of several retail core area uses into a
single complex (department store) which subverts the
purpose of separation and distinction between the retail
.
9~
Page 7 0; 17
O~ O~cinance No. 433
business district a:1cjor the special r'etail business
district and the C-l distric-:: is not permitted. II
SECTION 9. Chapter 8-5 (llFirear:msll) of Title 8 ("Public
Welfare, Morals and Safety") of the Mlli"'1icipal Code is amended by
adding a new ~-rticle 2. enti.tled IIFirear:m Permit Requirements"
comprising sections 8-605 to 8-617, and by amending sections 8-601
and 8-603 and deleting 8-504, the a~ended Chapter 8-6 to read:
IIChapter 8-6
FIRD_"l:L""!S
Article~. Use of Firearms
Sections:
8-60~
8-602
Definition of firearm.
Unlawful to discharge firearm within
the city.
Exceptions to prohibition of Section
8-602.
Issuance of permit for firing range
or hunting ground.
8-603
8-604
1p.ticle 2.
Sale of Firearms and Munitions
8-605
8-606
8-607
8-608
8-609
8-6~0
8-6~~
8-6~2
8-6~3
8 ~6:J..4
8-6~5
8-6~6
8-6~7
Police permit required.
Application.
Investigation by chief of police.
Conditions of approval.
Requirement of secured facility.
Liability insurance.
Issuance of permit; duration.
Grounds for permit denial.
Grounds for permit revocation.
Hearincr for denial or revocation.
~ .
Nonassignability.
Co~pliance by existing dealers.
Severability.
Article~. Use of Firearms
8-6D~
Definition of firearm.
In this chapter, "firearm" means a gun pistol, rifle,
revolver, air rifle or air gun I b-b gun and bow and 2.rrow or
crossbow, or 2.ny other instrument of 2.nv kind, character or
description wnlcn throw or projects 2. bullet or missile or
substance by means of elastic force, air or explosive substance
likely to cause bodily harm.
Page 8- of 17
of O=dinance No. 433
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CITY CLERK
File # DBJ[8]~-[8][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 25,1996
SUBJECT:
EXHIBITS ATTACHED:
RECOMMENDATION:
~tf\ry'
.
FINAN~CIAL
STATEMENT:
DESCRIPTION:
Background
PUBLIC HEARING Local Regulation of Firearms
Dealers (Report prepared by Elizabeth H Silver, City
Attorney)
1. Draft Ordinance Amending Zoning Ordinance to
require Conditional Use Permits in Residential
Districts
2. Draft Ordinance Requiring Permit for Firearms Dealers
3. Agenda Statement (June 11, 1996 Council meeting)
1.
2.
3.
4.
5.
Open public hearing and receive staff presentation.
Take testimony from public.
Close public hearing.
Deliberate.
Refer Draft Ordinance Amending Zoning
Ordinance (Exhibit 1) to Planning Commission.
Waive reading and Introduce Draft Ordinance
requiring Permit (Exhibit 2) .ill: provide direction
to Staff.
6.
The costs of processing a Conditional Use Permit and
issuing a permit would be covered by applicable fees.
At the June 11, 1996, Council meeting, the Council directed the City Attorney to prepare a draft ordinance
to (1) require a Conditional Use Permit for firearms sales in residential districts and (2) require all persons
engaged in firearms sales to obtain a permit from the Chief of Police.
Conditional Use Permit in Residential Districts
The draft ordinance (Exhibit 1) would amend the Zoning Ordinance to defme "firearm sales" and to
require a Conditional Use Permit in all residential districts for firearms sales. The draft ordinance is
4It-------------------------------------------------------------------
COPIES TO:
~s
ITEM NO.
Exhibit 1
'),
modeled on the City of Lafayette ordinance. It should be noted that the definition of "firearm sales" does
not include explosive material not used in the manufacture of ammunition.
If adopted, any person wishing to sell firearms in a residential district would need the following permits, ." .'
licenses and approvals:
1. A valid federal firearms license issued by the Bureau of Alcohol, Tobacco and Firearms;
2. a valid seller's permit issued by the State Board of Equalization;
3. a certificate of eligibility issued by the State Department of Justice;
4. be recorded in a centralized list maintained by the State Department of Justice;
5. a City of Dublin business license;
6. compliance with home occupation requirements of the Zoning Ordinance;
7. a Conditional Use Permit; and
8. a Firearms Permit from the Chief of Police (if the Council adopted the draft ordinance which
would require such a permit).
Because a Conditional Use Permit runs with the land, the Planning Commission, when it considers
granting such permits, may wish to restrict the length oftime the permit will be valid. One condition
which should be included in a Conditional Use Permit would be that all other licenses and permits must
be obtained. Persons presently selling firearms in residential districts would not need a Conditional Use
Permit until they have to renew their business licenses. At that time a Conditional Use Permit will be
required by Dublin Municipal Code Section 4.04.270 F which requires all appropriate permits from the
City as a requirements for renewal of a business license.
No notice is given to neighbors when a person applies for a home occupation permit. A Conditional Use
Permit would require notice to all property owners within 300 feet.
.
As noted, a firearms dealer in a residential district must comply with the City's requirements for home
occupations. Section 8-60.22(d) of the Zoning Ordinance does not authorize a home occupation ifit
includes the maintenance on the premises of a stock of goods for sale. This would prevent a firearms
dealer from keeping firearms on the premises, if they are for sale. It is Staffs understanding that, unlike
oilier sales people, firearms dealers cannot ship the product (firearms) directly to the customer.
Accordingly, a firearms dealer would effectively be unable to operate from a home because he would not
be able to keep firearms on the premises and he would not be able to have firearms shipped directly to the
customers.
The proposed ordinance is an amendment ofthe Zoning Ordinance. It must first be considered by the
Planning Commission before the Council can act on it. Staff recommends, therefore, that the Council
consider whether it wishes to refer the draft ordinance (Exhibit 1) to the Planning Commission for its
consideration. If so, a motion referring the draft ordinance (Exhibit 1) would be the appropriate action.
Firearms Permit from Chief of Police
The second draft ordinance (Exhibit 2) would require persons selling firearms at retail to obtain a permit
from the Chief of Police. It is also patterned on the Lafayette ordinance.
This ordinance would establish the Chief of the Police as the duly constituted permitting authority with
control over the issuance, denial, and renewal of permits to engage in the business of firearms sales. It
establishes criteria to be used by the Chief of Police in determining whether to issue or deny permits
(Section 4.36.030). In addition, it sets forth conditions required for all local permits granted pursuant to
.
3~
the authority of section 12071 of the California Penal Code (Section 4.36.060). Among the conditions
included is one requiring certain minimum security storage provisions (Section 4.36.070). This provision
is discretionary for cities with population of fewer than 50,000; for this reason it is included in a separate
....". section. Violation of any ofthese enumerated conditions subjects the permittee to forfeiture of his or her
ermit for firearms sales (Section 4.36.090)..
Section 12071 of the Penal Code requires that when a local permitting procedure has been adopted, the
duly constituted permitting authority, in this case the Chief of Police, must accept all applications for
permits. \Vhile the issuance of permits is not explicitly made mandatory upon compliance with certain
criteria, the Police Chief must set forth in writing to the applicant all of the reasons supporting denial of
an application for a permit (Section 4.36.080 A). The ordinance establishes a hearing procedure with the
right of appeal to the City Manager for applicants or permittees wishing to contest denial or revocation of
their permit (Section 4.36.110).
Finally, the ordinance requires that the Police Chief charge a fee for the processing of permit applications
under this ordinance (Section 4.36.030 B). A fee resolution will therefore be required in addition to this
ordinance. A resolution amending the fee resolution can be considered by the Council at the second
reading of the firearms sales ordinance.
Staff recommends that the Council consider the draft ordinance (Exhibit 2) and waive the reading and
introduce the draft ordinance DR provide staff with further direction.
e
2
K /6-25-96/asfiream.doc
J:\ WPD\MNRSW\114\MISC\FIREARMS.625
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ORDINANCE NO. - 96
AN ORDINANCE OF THE CITY OF DUBLIN
***************
.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
THE DUBLIN ZONING ORDINANCE TO REQUIRE
CONDITIONAL USE PERMIT FOR GUN DEALERS
IN RESIDENTIAL ..uu:AS
TIffi CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8-20,16.15 is added to the Dublin Zoning Ordinance to read as
follows:
"Firearm sales" means the sale, transfer, lease, offer or advertising for sale, transfer or
lease of a firearm (including a gun, pistol, rifle, revolver, air rifle, air gun, b-b gun and
any other instrument which projects a bullet by means of air or explosive substance likely
to cause bodily harm) or firearm ammunition or firearm ammunition component,
including any cartridge or encasement, bullet or projectile, primer or propellant or
explosive material used in the manufacture of ammunition."
.
SECTION 2. Section 8-26.3 of the Dublin Zoning Ordinance is amended to read as
follows:
"In addition to the uses listed in Sections 8-60 and 8-61.0, the following are Conditional
Uses in an R-l District, and shall be permitted only if approved by the Zoning Administrator as
provided in Section 8-94.0.
a) Community Facility;
b) Community Clubhouse;
c) Parking Lot, only when established to fulfill the residential parking requirements
of this Chapter for a use on an abutting Lot or Lots;
d) Plant nursery or greenhouse used only for the cultivation and wholesale of plant
materials;
e) Medical or Residential Care Facility;
.f) Firearm sales. "
SECTION 3. Section 8-27.2 of the Dublin Zoning Ordinance is amended to read as
follows:
"In addition to the uses listed in Sections 8-60.60 and 8-61.0, the following are
Conditional Uses in R-2 Districts, and shall be permitted only if approved by the Zoning
Administrator as provided in Section 8-94.0:
.
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EXHIBIT 2
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"Ie:>
a)
b)
c)
d)
Community Facility;
Community Clubhouse;
Parking Lot, subject to the same limitations as in Section 8.26.3(c);
Plant nursery or greenhouse used only for the cultivation and wholesale of plant
materials;
Medical or Residential Care Facility;
One Dwelling or a Dwelling Group containing altogether not more than three (3)
Dwelling Units, where the Lot has an area not less than seven thousand five
hundred (7,500) square feet.
Firearm sales. "
e)
f)
g)
SECTION 4. Section 8-28.3 of the Dublin Zoning Ordinance is amended to read as
follows:
"In addition to the uses listed in Sections 8-60.60 and 8-60.0, the following are
Conditional Uses in R-S Districts, and shall be permitted only if approved by the Zoning
Administrator as provided in Section 8-94.0:
a)
b)
c)
d)
e)
f)
Community Facility;
Community Clubhouse;
Parking Lot, as regulated in Section 8-26.3(c);
Plant nursery or greenhouse used only for the calculation of plant materials;
Medical or Residential Care Facility;
Hospital in Districts requiring not more than :fifteen hundred (1,500) square feet of
Building Site area per Dwelling Unit;
Mobile home Parks, as regulated by Article 5 of this Chapter.
Firearm sales. "
g)
h)
SECTION 5. Section 8-29.2 of the Dublin Zoning Ordinance is amended to read as
follows:
"In addition to the uses listed for Sections 8-60.60 and 8-61.0, the following are
Conditional Uses in R-3 Districts, and shall be permitted only if approved by the Zoning
admini~tor as provided in Section 8-94.0: '
a) Community Facility;
b) Community Clubhouse;
c) Hospital;
d) Medical or Residential Care Facility;
e) Plant nursery or greenhouse used only for the calculation of plant materials;
f) Parking Lot as regulated in Section 8-26.3(c).
g) Firearm sales. 11
,.,
SECTION 6. Section 8-30.2 of the Dublin Zoning Ordinance is amended to read as
follows:
.
"In addition to the uses listed for Section 8-60.60 and 8-61.0, the following are
Conditional Uses in an R-4 District:, and shall be permitted only if approved by the Zoning
Administrator as provided in Section 8-94.0: .
a) Community Facility;
b) Parking lot, as regulated in Section 8-26.3(c);
c) Clubhouse;
d) Medical or Residential Care Facility;
e) Hospital;
f) Boarding House
g) Firearm Sales"
SECTION 7.
Posting
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section 36933 of the Government Code
of the State of California
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
_ day of , 1996, by vote as follows:
.
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATIEST:
CITY CLERK
J:\WPD\MNRSW\114\ORD\FIR.EARMORD
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3
ORDINANCE NO. - 96
'.
AN ORDINANCE OF THE CITY OF DUBLIN
***************
AN ORDINANCE OF THE OTY OF DUBLIN
ADDING CHAPTER 4.36 TO THE
DUBLIN MUNICIPAL CODE RELATING TO
PERMITS FOR THE SALE OF FIREARMS
TIm CITY COUNCIL OF TIffi CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.36 is added to the Dublin Municipal Code to read as follows:
"Chapter 4-36
SALE OF FIREARMS
.. 4.36.010 Police Permit Required.
A Except as provided in Penal Code S12070(b), as it may be amended
from time to time, it is unlawful for a person to engage in the activity of
"firearm sales" as that term is defined under Chapter 4.36 without a
police permit as required by this chapter.
B. The requirement for a police permit is. in addition to the requirement
under the Zoning Ordinance for a conditional use permit for firearm
sales (in residential areas) and a business license under Chapter.4.04.
4.36.020 Definitions.
The following words and phrases whenever used in this Chapter are defined as
fo11o'w's:
"Fireann" means a gun, pistol, rifle, revolver, air rifle, air gun, b-b gun and any
other instrument of any kind, character or description which throws or projects a
bullet by means of air or explosive substance likely to cause bodily hann.
.
1
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EXHIBIT 3
"Firearms dealer" means a person engaged in the business of selling,
transferring, or leasing, or advertising for sale, transfer, or lease, or offering or
exposing for sale, transfer, or lease, any firearm.
.."
"Firearms sales" means the sale, transfer, lease, offer or advertising for sale,
transfer, or lease or offering or exposing for sale, transfer or lease of a firearm.
"Engaged in the business" means the conduct of a business by the selling,
transferring, or leasing or any firearm; or the preparation for such conduct of business
as evidenced by the securing of applicable rederal or state licenses; or the holding of
one's self out as engaged in the business of selling, transferring, or leasing of any
firearm, or the selling, transferring, or leasing of fireanns in quantity, in series, or in
individual transactions, or in any other manner indicative of trade.
4-36.030 Permit Application.
A
(6)
(7)
~
(
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An applicant for a pennit or renewal of a pennit under this Chapter
shall file \'Vith the Chief of Police an application in writing signed under
penalty of perjury, on a form prescribed by the City. The applicant
shall provide all relevant information requested to demonstrate
compliance with this chapter including:
.e
(1)
(2)
The name, age and address of the applicant;
The address of the proposed location for which the pennit is
required, together with the business name, if any;
Proof of.a possessory interest in the property at which the
proposed busin~s will be conducted in the fonn of ownership,
lease, license or other entitlement to operate at such location and
the written consent of the owner of record of the real property;
A floor plan of the proposed business which illustrates the
applicant's compliance with security provisions of Section
4.36.070;
Proof of issuance of a conditional use pennit at the proposed
location, if required;
Proof of compliance with all federal and state licensing laws;
~tion relating to licenses or pennits relating to other
firearms sought by the applicant from other jurisdictions,
including, but not limited to, date of application and whether
each application resulted in issuance of a license;
'.
(3)
(4)
(5)
2
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.
~s
(8) Information relating to every revocation of a license or permit
relating to firearms, including, but not limited to, date and
circumstances of the revocation; and
(9) All convictions of the applicant for any of the offenses listed in
Section 4.36.090.
B. The application shall be accompanied by a nonrefundable fee for
administering this chapter established by city council resolution.
4.36.040 Investigation by Chief of Police.
The Chief of Police shall conduct an appropriate investigation of the applicant
to detennine for the protection of the public safety whether the permit may be
issued. The Chief of Police may require an applicant, or any officer, agent or
employee thereof, to provide fingerprints, a recent photograph, a signed authorization
for the release of pertinent records, a complete personal history set forth on a
questionnaire provided by the Chief of Police, and any other additional information
which the Chief of Police considers necessary to complete the investigation.
4.36.050 Permit Forms.
The permit issued pursuant to this Chapter shall be a regulatory pennit that
states on its face."Valid for Retail Sales of Fireanns" and is endorsed by the signature
of the Chief of Police.
4.36.060 Conditions. of Approval.
In addition to other ,requirements and conditions of this Chapter, the perrnit is
subject to the following conditions the breach of any of which is sufficient cause for
revocation of the permit by the Chief of Police:
(1) The pennittee shall display his or her permit and certain warnings on
the premises as required by and in the manner set forth in Penal Code
Section 12071(b) subsections (2) and (7)(A) and (B).
(2) The pennittee shall comply with waiting periods and other conditions of
delivery as required by and in the manner set forth in Penal Code
Section 12071 (b) and other applicable State law.
(3) The permittee shall require proof of age, identity and basic firearms
safety certificates as required by and in the ma..""1J1er set forth in Penal
Code Section 12071(b) subsections (3) and (8) and other applicable
state law.
3
(4) The pennittee shall perform background checks of prospective .
purchasers as required by and in the manner set forth in Penal Code . ....
Section 12071 (b)(3) and other applicable state law.
(5) The permittee shall report details of sales to the State as required by
and in the manner set forth in Penal Code Section 12071(b) subsections
(5), (6), (13), (16) and (18).
(6) The permittee shall comply with all other permit conditions as set forth
in Penal Code Section 12071.
4.36.070 Requirement of Secured Facility.
A In addition to the permit conditions stated in Section 4.36.060, the
business location as shown on the police permit shall be a secured
facility meeting all of the following specifications:
(1) Every perimeter doorway shall include one of the following:
(a) A windowless steel security door equipped with both a
dead bolt and a doorknob lock, or
(b) A windowed metal door that is equipped -with both a dead .:
bolt and a doorknob lock. If the window has an opening of
five inches or more measured. in any direction, the window
shall be covered -with steel bars of at least one-half inch
diameter or metal grating of at least nine gauge affixed to.
the exterior or interior of the door;
(2) Every perimeter doorway shall also be provided with an exterior
metal grate that is padlocked and affixed to the permittee's
premises independent of the door and the door frame;
(3) Every window shall be covered-with steel bars; ,-.
(4) Heating, :ventilating, air-conditioning and service openings are
secured -with steel bars, metal grating and an alann system;
(5) Any metal grate may not have a space larger than six inches
measured in any direction;
(6) Each metal screen may not have a space larger than three inches
measured in any direction;
(7) All steel bars shall be no funher than six inches apart.
.
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B.
Upon written request by the permittee, the Chief of Police may approve
alternative security measures which he or she considers will provide
equivalent or superior security to the premises as the measures required
under subsection A of this section.
C. Every firearm that is kept in the permitted place of business shall be
stored using one of the following methods:
.
( 1 ) The firearm shall be secured with a hardened steel rod or cable of
at least one-eighth inch in diameter through the trigger guard of
the firearm. The steel rod or cable shall be secured with a
hardened steel lock that has a shackle. The lock and shackle shall
be protected or shielded from the use of a bolt cutter and the rod
or cable shall be anchored in a manner that prevents the removal
of the firearm from the premises;
(2) The firearm shall be stored in a locked fireproof safe or vault in
the permitteets business premises; or
(3) All firearms shall be stored on the premises out of the reach of
customers in secure, locked facilities approved by the chief of
police by which access to firearms is controlled by the permittee
or seller to the exclusion of all others.
4.36.080 Issuance of Police Permit - Duration.
A The Chief of Police may grant a police permit to the applicant if he or
she finds that the applicant complies with all applicable federal, state
and 10Cdllaws. The Chief of Police shall inform applicants who are
denied permits the reasons for the denial in writing.
-,
B. A police permit shall expire one year after the date of issuance. A
permit may be renewed for additional one-year periods upon the
permittee's submission of an application for renewal, accompanied by a
nonrefundable renewal fee established by city council resolution. The
renewal application and the renewal fee must be received by the Chief
of Police no later than fony-five (45) days before the expiration of the
current permit.
c.
A decision regarding issuance or renewal may be appealed in the manner
provided for in Section 4.36.110.
5
4.36.090 Grounds for permit denial.
~
The Chief of Police shall deny the issuance or renewal of a police pennit when
one or more of the following conditions e.."Xist:
A The applicant is under 21 years of age;
B. The applicant is not licensed as required by federal, state and local law;
C. The applicant has had a firearms permit or license previously revoked or
denied for good cause within the immediately preceding two years;
D. The applicant has made a false or misleading statement of a material
fact or omission of a material fact in the application for a police pennit.
If a pennit is denied on this ground, the applicant is prohibited from
reapplying for a pennit for a period of two years;
E. The applicant has been convicted of:
(1) An offense which disqualifies the applicant from owning or
possessing a firearm under federal, state and local law, including,
but not limited to, the offenses listed in Penal Code section
12021,"
(2) An offense relating to the manufacture, sale, possession, use or
registration of a firearm or dangerous or deadly weapon.
(3) An offense involving the use of force or violence upon the person
of another,
(4) An offense involving theft, fraud, dishonesty or deceit,
(5) An offense involving the manufacture, sale, possession or use or a
controlled substance as defined by the state Health and Safety
Code, as it now reads or may hereafter be amended to read;
F. The applicant is within a class of persons defined in the Welfare-and
Institutions Code sections 8 100 or 8 W3';
G. The applicant is currently, or has been within the past two years, an
, unlawful user of a controlled substance as defined by the Health and
Safety Code as that definition now reads or may hereafter be amended
to read; or
H. The operation of the business as proposed would not comply with
federal, state and local law.
4.36.100 Grounds for Permit Revocation
In addition to the violation of any other provisions contained in this chapter,
circumstances constituting grounds for denial of a police pennit also constitute
grounds for revocation.
y~
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4.36.110 Hearing for permit denial or revocation
A A person whose application for a permit is denied or revoked by the
Chief of Police has the right to a hearing before the Chief of Police
before final denial or revocation.
B. Within ten (10) days of mailing written notice of intent to deny the
application or revoke the permit, the applicant may appeal by requesting
a hearing before the Chief of Police. The request must be made in
writing setting forth the specific grounds for appeal. If the applicant
submits a timely request for an appeal, the Chief of Police shall set a
time and place for the hearing within thirty (30) days.
C. The decision of the Chief of Police shall be in writing within ten (10)
days of the hearing. An applicant may appeal the decision of the Chief
of Police to the City Manager in the manner provided in Section
1.04.050 of the Dublin Municipal Code.
4.36.120 Nonassignability.
A police permit issued under this chapter is not assignable. An attempt to
assign a police permit makes the permit void.
4.36.130 Compliance by Existing Dealers.
A person engaging in firearm sales activity on the effective date of this chap~~r
or any amendment to it shall., within sixty (60) days after the effective date, comply
"With this chapter and any amendment to it. n
SECTION 2.
Posting
Tne City Clerk of the City of Dublin shall cause this Ordinance to be posted
in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
7
LlCZ
I I .
PJ\SSED, APPROVED AND .ADOPTED by the City Council of the City of .
Dublin on this _ day of .1996, by vote as follows: .. ,.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
CITY CLERK
J:\ WPD\MNRSyv\114\MISCAFIREARMS.MC
8
MAYOR
,.
.
..-:;-
. 'I) )
Cm. Burton clarified that they are not setting the loan. They are just monitoring it.
/. Cm. Moffatt asked who monitors it after 20 years.
Mayor Houston stated if they don't pay, we would have to do something. It's set the
first year.
Cm. Barnes stated the people qualify once and we don't throw them out even if they
win the lottery. When buying this doesn't apply, but it does for rentals.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by majority vote, the Council
waived the reading and re-introduced the ordinance with changes made on Page 3
"Life of the Inclusionary Unit: A 30 year period. . .", Page 5, D., "Inclusionary Units
shall remain affordable for thirty years. Deed restrictions. .." A second reading of the
ordinance was scheduled for the July 9 City Council meeting. Mayor Houston and
Cm. Burton voted NO on this motion.
..
.',
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PUBLIC HEARING
LOCAL REGULATION OF FIREARMS DEALERS
9:22 p.m. 6.5 (585-80)
Mayor Houston opened the public hearing.
-...----::.-
City Attorney Silver advised that at the June 11, 1996 City Council meeting, the
Council directed Staff to prepare a draft ordinance to: 1) require a Conditional Use
Permit for firearms sales in residential districts; and 2) require all persons engaged in '
firearms sales to obtain a permit from the Chief of Police.
- l\.1s. Silver explained that the first ordinance would amend the Zoning Ordinance to
define "firearm sales" and to require a CUP in all residential districts for firearms sales.
The draft ordinance is modeled from the City of Lafayette's ordinance. She noted that
the definition of "firearm salesll does not include explosive material used in the
manufacture of ammunition.
Because a CUP runs with the land, the Planning Commission may wish, during
consideration, to restrict the length of time the permit would be valid. One condition
which should be included in a CUP would be that all other licenses and permits must
be obtained. Persons presently selling firearms in residential districts would not need a
CUP until they have to renew their business licenses. At that time, a CUP will be
required by Dublin Municipal Code Section 4.04.270 F, which requires all
appropriate permits from the City as a requirement for renewal of a business license.
.
~'1
Crn' COUNCIL MINUTES
VOLUME. 15
REGULA.R MEETING
June 25, 1996
PAGE 309
EXHIBIT 4
.lV1.s. Silver stated no notice is given to neighbors when a person applies for a home
occupation permit. A CUP would require notice to all property owners within 3cJ(Y .
r' "
The J?roposed ordinance. is an ame~d:nent to the Zoning ~rdinance an~ it must first b.' ',','
conSIdered by the Planmng CommISSIon before the CouncIl can act on It. .'
Ms. Silver stated the second draft ordinance would require persons selling firearms at
retail to obtain a permit from the Chief of Police. This ordinance, which is also
patterned after the Lafayette ordinance, would establish the Chief of Police as the duly
constituted permitting authority with control over the issuance, denial, and renewal of
permits to engage in the business of firearms sales. Among the conditions included is
one requiring certain minimum security storage provisions.
Section 12071 of the Penal Code requires that when a local permitting procedure has
been adopted, the duly constituted permitting authority must accept all applications
for permits. While the issuance of permits is not explicitly made mandatory upon
compliance with certain criteria, the Police Chief must set forth in writing to the
applicant, all of the reasons supporting denial of an application for a permit. The
ordinance establishes a hearing procedure with the right of appeal to the City
Manager for applicants or permittees wishing to contest denial or revo~ation of their
permit. "
In summary, Iv1.s. Silver stated the ordinance requires that tJ1e Police Chief charge a fee ,
for the proce$~ing of permit applications under th~$ ordina~ce. A resolution ame~ding ....:::::..:
the fee resolutIon can be conSIdered by the CounCIl at the tIme of the second readmg of" ::
the firearms sales 'ordinance. In order to comply with noticing requirements related to .-
fees, she suggested that if the ordinance is intI"oduced, it be brought back tq the July 23
City Council meeting for adoption. .'
Cm. Burton stated we already have a law that prevents the storage and we already
have laws that keep them from being in a residential area. Have we estimated how
much time it will take to process and follow through on these ordinances?
Ms. Silver stated they have not yet estimated time to process a permit.
M.r. Rankin responded regarding current permits required. By having a separate
permit it would make it very clear that they are a gun dealer. The business license
doesn't get into a lot of detail and having this on the form would be helpful.
Cm.lvloffatt stated he would be willing to make a compromise and say residential sales
require a permit and send it to the Planning Commission.
A resident of Dublin, Eric Neartez 8151 Vomac Court stated he also attended the last
meeting. He once had a shotgun pointed at his head and the trigger pulled. It was
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. empty and it was a frightening experience. This criminal was going to do what he
. 'v,tanted regardless. He believes what we are looking at is just the beginning of a lot of
trips back here for him. We seem to be regulating gun dealers that don't exist. We're
only talking about one gun shop that's perfectly legal that has two of the permits and
one gunsmith. As a citizen he did not understand why we are spending time and
money on this, when it really isn't an issue. Before November he didn't own a gun.
They are talking about fundamental rights here which are enumerated in the
Constitution; the right to keep and bear arms. He distributed information to the City
Council and City Attorney. (No copy was given to the City Clerk.) He is a
businessman that has 8 people working for him and a wife and 2 kids and stated he
has more important things to do than come here. We're trying to trample on rights.
He referenced the distributed document and stated the ultimate goal is banning
handguns. The City Council is setting the stage for this. Honest, law abiding citizens
are not the problem here. This would be the first step in this direction. He realized
that the City Council has peer groups that are putting on pressure. He stated a quote
by Adolph Hitler made in 1930. All the bans on drugs have never stopped them in this
Country. Hitler, Stalin and the British all confiscated guns and he doesn't want to see
this repeated in this Country.
Gary Cain, 7423 Amador Valley Boulevard stated he is one of the partners in the only
gun shop that will be affected. Safety or gun regulation was the issue at the last
meeting. He repOlied on statistics related to gun deaths, auto deaths and malpractice
deaths by doctors. Security measures are the only thing that will impact them. Their
security measures are very strict, but they don't meet the City's requirements. Some of
the points in the ordinance are kind of silly. Nobody may store firearms away from
their business. They are a Class 3 dealer and they have to know all the legal stuff.
Cm. Moffatt stated he is not proposing gun restriction but only making residential
sa1~ meet the same standards they are doing now. He ask~ how he would suggest
changes.
1\'1r. Cain stated he is not an attorney so he does not know.
Cm. Barnes suggested that the City Council consider the issue before them.
Bill DenHartog, with NRA stated he got a copy of the proposed ordinance this morning
and he was confused. For a CUP, he asked if they would have to get a permit or
Federal Firearms license?
10..5. Silver stated they would have to get a CUP. The definition includes the transfer of
firearm or a...-rnmunition. If a Federal license is required, they would have to get one if
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He stated he thought she was redefining firearms to include ammunition. \Vhat ~bout~
nail guns? People selling those would have to go out and get a federal firearms license
because we have redefined it. . .
1\1is. Silver stated the definition was "which throws or projects a bullet. . ."
Mayor Houston asked for the state or federal definition.
.Mr. DenHartog submitted 1994 firearms laws to Ms. Silver.
Mr. Ambrose stated a CUP only applies to residential areas.
Mr. DenHartog felt security requirements would pose more of a hazard than security
to the building. If the Chief of Police has discretion, you could have different people
with different opinions if someone new came on board. This section should be
stricken.
Carl \Vassinger, a Dublin resident for 28 years, pointed out he felt restrictive laws
don't really work. There's already a bushel of laws. Where have they ever worked?
New York and Washington D.C., have the highest crime rates. We don't have a crime
problem here. Gun laws just don't work. He did not see the need for this.
Mayor Houston closed the public hearing.
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Cm. Moffatt stated he did not feel this is a control of guns. It would essentially have
the individuals who sell guns over the kitchen table have the same regulations as a gun
shop. This means security, how you handle them and going through all the hoops.
This is not restriction of selling any guns. He would be happy to just indicate that this
City would_prohibit the sale of guns in a residential area, or just restrict gun sales to
retail outlets. The people who work in the stores are experts and they know what it is
all about and this is a better way to handle the sale of guns.
Cm. Burton stated they can't do it legally as a home occupation in Dublin now. They
can't effectively be a dealer.
Cm. l\.10ffatt just made a statement that gun sales cannot occur in residential areas.
Cm. Barnes read the motion from the last meeting. It's not taking anything away with
regard to anyone's rights. She referenced the document given to the Council and
stated she does not need 30 pages telling them what they're doing. She felt Ms. Silver
did a fantastic job and she did what the City Council told her to do. Anybody selling
firearms from a residential area has to get a permit. She did not care that we don't
have any today; we may have them tomon'ow.
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lviayor Houston stated the City Council did not direct a change in the definition. On
.. ' ~ lfage 1 we should look at the State's definition. On Page 2, he thought it was common
, ". Ll10wledge that it is already illegal to lease a firearm or rent one. The conditions of
.' ... approval are the current regulations and we are adding those 2 additional
requirements. On Page 4, the City Council did not direct that it be made so difficult or
onerous that it would prevent people from being able to comply. He would like to
know the state and federal requirements for security. This is the most onerous portion.
This is saying we will never have it. People won't redesign the whole building to
comply. All the other requirements are great. We're not that far off, but we need to
get the definitions very clear and see what currently exists.
1\15. Silver responded that Section 4.36.070 requirements are optional for a city under
50,000 and these are the requirements in the state law. She would have to check the
federal law. The duration of the police permit by state law is one year. It has to be
renewed every year. The ordinance provides for this. She will have to'look into the
leasing issue and also check the state and federal definitions of firearms.
1\1ayor Houston felt they were not that far off, but it should be brought back.
Cm. Moffatt asked if this material could be sent to the Planning Commission to review
along with the definitions.
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M.ayor Houston felt it should come back to the City Council first. It could then go to
the Planning 'Commission once the questions are answered.
Cm. Barnes felt they were just asking for clarification on the definitions. She would
prefer to just get direction rather than voting at this time.
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.Mayor Houston summarized that the definitions should come back; Staff should look
into the minor issue of leasing to just clean it up, and for the secured facility he wouid
like to see the state and federal regulations.
Cm. Burton felt we needed to clarify home occupation and what they will do to store
the merchandise.
[ Mayor Houston asked if you can't store it, how is business transacted?
Gary Cain stated according to state and federal law , the merchandise must be stored
on the premises of the actual license holder.
Cm. Burton asked if we have a regulation that you can't do something, but we're going
to allow it under a CUP, how do we handle this?
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.Ms. Silver stated it doesn't make sense to require a CUP if no one can conduct the sales
of firearms as a home occupation. She believed that one cannot now legally op~r~t~ in
Dublin in a residential neighborhood.
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Cm. Moffatt stated this was why he suggested a prohibition of sales in a residential .
area.
Cm. Barnes then questioned the list of 11 names that show gun dealers operating in
residential areas of Dublin.
A member of the audience stated they have a 1996 list and the City's information is
wrong.
Cm. Burton stated he would suppoli definitions and clarifications.
Ms. Silver requested that this be continued to the second July meeting.
l'viayor Houston stated the public hearing was continued to July 23, 1996.
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MEDIAN AND ROADSIDE WEED MAINTENANCE
10:18 p.m. 7.2 (820-20)
Public Works Director Thompson reported that on May 28, the City Council directed ,
Staff to report back on the status of weed maintenance in the street roadside areas and ....:::.:"~.
medians as there appeared to be an unusually large amount of weeds lately. The:
weeds appearing from the late rains have now been removed.
Mr. Thompson stated additional projects have been included in the Capital
Improvement Program to landscape or Fe-landscape several street areas in the City.
These projects will be reviewed as part of the budget review on Thursday evening.
Cm. Howard commented on San Ramon Road betw~ West Vomac and the old
Lucky's store going north. She asked if it would be Possible to clean up the areas
where the trees are on the east side. There seems to be garbage collectors around the
bushes.
Steve Loweree stated MCE typically picks up litter there once a week. It fluctuates by
season, and sometimes it's more often.
M.1'. ~A.mbrose stated everybody got hit by the weather this year and the rains in May.
Staff will get it cleaned up.
Cm. Howard asked what happened to the Dublin sign near Alcosta.
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