The purpose of this chapter is to regulate firearm sales through a permitting process and to prohibit the sale of "Saturday night specials."
(Ord. 1719 § 1, 1998)
For purposes of this chapter, the following words and phrases shall have meanings as provided in this section:
means a gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.
means the sale, transfer, lease, offer, registration, or advertising for sale, transfer, lease, offer, or registration of a firearm.
means any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.
(Ord. 1719 § 1, 1998)
A.
An applicant for a firearm sales permit or renewal of same under this chapter shall file with the chief of police an application in writing, signed under penalty of perjury, on a form prescribed by the city attorney. The application shall include the following:
1.
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 which the proposed business will be conducted, in the form 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;
4.
A floor plan of the proposed business which illustrates the applicant's compliance with security provisions of Penal Code Section 12071(b)(14) and Chapter 20.36 of this code;
5.
Proof of the issuance of a conditional use permit at the proposed location;
6.
Proof of compliance with all federal and state licensing laws;
7.
Information relating to licenses or permits relating to other weapons 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;
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.
Applicant's agreement to indemnify, defend, and hold harmless the city, its officers, agents, and employees, from and against all claims, losses, costs, damages, and liabilities of any kind, including attorney fees, arising in any manner out of the applicant's negligence or intentional or wilful misconduct;
10.
Applicant's agreement that the city shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, electrical, plumbing, or health regulations, provisions of this code and all other applicable federal, state and local laws;
11.
Certification of satisfaction of insurance requirements under Section 6.64.080 of this article; and
12.
All convictions of the applicant for any offense listed in subsection 6.64.100(E) of this article.
B.
As used in this section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who may be involved in any firearm sale.
C.
The application shall be accompanied by a nonrefundable fee for administering this chapter established by city council resolution.
(Ord. 1719 § 1, 1998)
The chief of police shall conduct an appropriate investigation of the applicant to determine 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 deems necessary to complete the investigation.
(Ord. 1719 § 1, 1998)
In addition to other requirements and conditions of this chapter, a firearm sales permit is subject to the following conditions, the breach of any of which is sufficient cause of revocation of the permit by the chief of police:
B.
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 where the primary business performed at the site is firearm sales;
C.
The 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;
D.
The permittee shall not deliver a firearm to a purchaser earlier than is allowed by applicable federal and state law.
(Ord. 1719 § 1, 1998)
In addition to the conditions of approval provided in Section 6.64.060 of this article, the business location as shown on the firearm sales permit shall be a secured facility meeting all of the specifications of Penal Code Section 12071(b)(14) and Chapter 20.36 of this code.
(Ord. 1719 § 1, 1998)
A.
No firearm sales permit shall be issued or reissued unless there is in effect a policy of liability insurance in a form approved by the city attorney 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 firearm sale. The minimum liability limits shall not be less than $1,000,000.00 for each incident of damage to property or incident of injury or death to a person.
B.
The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the city manager at least 30 days prior to the time the cancellation becomes effective.
C.
Upon expiration of a policy of insurance and if no additional insurance is obtained, the permit is considered canceled without further notice.
(Ord. 1719 § 1, 1998)
A.
The chief of police may grant a firearm sales permit to the applicant if the chief of police finds that the applicant complies with all applicable federal, state and local laws including, but not limited to, the state Penal Code, city building code, fire code, zoning and planning codes.
B.
A firearm sales permit expires 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 45 days before the expiration of the current permit.
(Ord. 1719 § 1, 1998)
The chief of police shall deny the issuance or renewal of a firearm sales permit when one or more of the following conditions exist:
A.
The applicant is under 21 years of age;
B.
The applicant is not licensed as required by all applicable federal, state and local laws;
C.
The applicant has had a firearm sales 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 firearm sales permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit 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; or
5.
An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the state Health and Safety Code, as it now reads or may hereafter be amended to read;
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;
H.
The operation of the business as proposed would not comply with federal, state and local law; or
I.
The applicant has engaged in firearm sales involving any firearm listed on the roster of Saturday night specials in violation of this chapter.
(Ord. 1719 § 1, 1998)
In addition to the violation of any other provision contained in this chapter, circumstances constituting grounds for denial of a firearm sales permit also constitute grounds for revocation.
(Ord. 1719 § 1, 1998)
A.
A person whose application for a firearm sales 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 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 30 days.
C.
The decision of the chief of police shall be in writing within 10 days of the hearing. An applicant may appeal the decision of the chief of police to the city manager provided written notice of said appeal and reasons therefor are filed with the city clerk 10 days after the mailing of the chief of police's decision. The city clerk shall set the matter for city manager consideration within 2 weeks of receipt of the appeal.
(Ord. 1719 § 1, 1998)
A firearm sales permit issued under this chapter is not assignable. Any attempt to assign a firearm sales permit makes the permit void.
(Ord. 1719 § 1, 1998)
Notwithstanding the effective date of this chapter, any person engaged in firearm sales who is the holder of a valid seller's 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 January 1, 1998, may continue such firearm sales provided a firearm sales permit, a conditional use permit and business registration are obtained from the city within one year of the effective date hereof, and provided the operator remains fully licensed by all agencies listed above.
(Ord. 1719 § 1, 1998)
The purpose of this article is to ensure the health, safety and general welfare of the city of Pleasanton citizens by prohibiting in the city the sale of cheaply made, inadequately designed and poorly manufactured handguns.
(Ord. 1719 § 1, 1998)
Except as provided in Section 6.64.165 of this article, the term "Saturday night special" as used in this chapter shall mean any of the following:
A.
A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which pistol, revolver or firearm contains a frame, barrel, breechblock, cylinder or slide that is not completely fabricated of heat-treated carbon steel, forged alloy, or other material of equal or higher tensile strength.
B.
A semiautomatic pistol that:
1.
Is not originally equipped by the manufacturer with a locked-breech action; and
2.
Is chambered for cartridges developing maximum permissible breech pressures above 24,100 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute.
3.
For purposes of this subsection B, "semiautomatic pistol" shall mean a firearm, as defined in California Penal Code Section 12001(b), that is designed to be held and fired with one hand, and that does the following upon discharge: (a) fires the cartridge in the chamber; (b) ejects the fired cartridge case; and c) loads a cartridge from the magazine into the chamber. "Semiautomatic pistol" shall not include any assault weapon designated in California Penal Code Section 12276.
C.
A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), that:
1.
Uses an action mechanism that is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressure below 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
2.
Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute; and
3.
Is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or
4.
If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.
(Ord. 1719 § 1, 1998)
The term "Saturday night specials" does not include any of the following:
A.
Any pistol that is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7), and (8) of subsection (b) of California Penal Code Section 12020;
B.
Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other gases not directly produced by combustion;
C.
Children's popguns or toys;
D.
An "unconventional pistol" as defined in California Penal Code Section 12020(c)(12); or
E.
Any pistol which has been modified to render it either permanently inoperable or permanently altered such that it no longer is classified as a Saturday night special.
(Ord. 1719 § 1, 1998)
The following roster of Saturday night specials is hereby adopted. The roster lists those firearms, by manufacturer and model number, that fit the definition of "Saturday night special" set forth in Section 6.64.160 of this article.
ROSTER OF FIREARMS PROHIBITED FROM SALE WITHIN THE CITY OF PLEASANTON | |
Pistols | |
1. | ACC-TEK: Models; AT-9SS, AT-40SS and AT-45SS |
2. | BRYCO/JENNINGS: Models; 28, 48, 59, J-22 and J-25 |
3. | DAVIS INDUSTRIES: Model; P380 |
4. | HI POINT: Models; JS-9, JS-40, JS-45, JS-9mm Compact, Iberia |
5. | INTRATEC: Models; Category 9 (CAT-9), Protec-22, Protec-25 |
6. | LORCIN ENGINEERING: Models; L-9mm, L-22, L-25, LT-25, L-32 and L-380 |
7. | PHOENIX ARMS: Models; Raven 22, Raven 25, HP-22 and HP-25 |
8. | SUNDANCE INDUSTRIES: Models; BOA, A-25 |
Revolvers | |
9. | E.A.A. CORPORATION: Models; All "standard grade revolvers" except the .357 caliber magnum revolver |
10. | F.I.E. (FIREARMS IMPORT/EXPORT): Models; Arminius and Titan |
11. | HERITAGE: Models; Sentry Revolver |
12. | NORTH AMERICAN ARMS: Models; Mini-Revolvers and Mini-Master, Black Widow Revolver |
Derringers | |
13. | AMERICAN DERRINGER: Models 1 through 11 and Alaskan Survival, Lady Model, Texas Commemorative, DA 38 Model |
14. | DAVIS INDUSTRIES: Models; Standard, Long-Bore and D-Series, Rimfire Derringers |
15. | FEATHER INDUSTRIES: Models; Guardian Angel, Rimfire and centerfire derringers |
16. | HJS ARMS: Models; Frontier Four and Antigua |
17. | NEW ADVANTAGE ARMS: Model; 22 WMR, Double Action Derringer chambered for standard or magnum rimfire cartridges |
18. | SUNDANCE INDUSTRIES: Model; Point Blank Derringer |
19. | TEXAS ARMORY: Model; Defender Derringer |
(Ord. 1719 § 1, 1998)
The city shall endeavor to send written notification to: (a) the manufacturer of every firearm on said roster; and (b) every dealer within the city who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the state of California and this chapter. Such notification shall do the following:
A.
Identify the model number of the firearm that has been classified as a "Saturday night special" within the meaning of Section 6.64.160 of this article;
B.
Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday night special; and
(Ord. 1719 § 1, 1998)
A.
The city shall, prior to the effective date hereof, establish standards and procedures for the form and content of an application, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this article.
B.
Upon timely filing of one or more complete applications for reconsideration, the city shall evaluate the evidence submitted by the applicant(s). The city may rely on persons with expertise and knowledge in making this evaluation. The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article.
(Ord. 1719 § 1, 1998)
A.
If it is determined that the firearm under reconsideration has been properly classified as a Saturday night special, then the applicant(s) shall have the right to appeal such decision to the city manager, and the applicant(s) shall have the right to a hearing before the city manager or the city manager's designee prior to inclusion of the firearm in question on the roster. The city manager may rely on persons with expertise and knowledge in conducting this hearing.
B.
The city manager, or the city manager's designee, is authorized to establish standards and procedures for the form and content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify the firearm in question as a "Saturday night special" as defined in Section 6.64.160 of this article.
C.
The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article.
D.
All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.
E.
The city manager or the city manager's designee shall hear and consider all relevant evidence. Upon the conclusion of the hearing, the city manager or the city manager's designee shall, based on the evidence presented, determine whether the firearm constitutes a "Saturday night special" within the meaning of Section 6.64.160 of this article.
(Ord. 1719 § 1, 1998)
The city shall place on the roster those firearms which have been determined to constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article. The city shall cause the roster to be published in the following manner:
A.
Notification of the roster's completion shall be published at least once in the official newspaper as designated by the city and circulated in the city within 15 days after its completion;
B.
A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the city clerk; and
(Ord. 1719 § 1, 1998)
The roster shall become effective on the 15th day after its publication.
(Ord. 1719 § 1, 1998)
Additions to the roster shall be made in accordance with the following:
A.
Semiannual Determination. On a semiannual basis, the city shall determine the need to place firearms on the roster. Upon identifying one or more firearms as a Saturday night special, the city manager or the city manager's designee shall prepare a draft list of the additions to the roster.
B.
Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the city shall endeavor to send written notification in accordance with the aforementioned provisions of Section 6.64.180 of this article.
D.
Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night special after reconsideration, the applicant may file an appeal to the city manager and the city manager or the city manager's designee shall hold a hearing in accordance with the provisions of Section 6.64.200 of this article.
E.
Additions of Firearms to Roster. After all appeals have been exhausted, the city shall place on the roster those additional firearms which have been determined to constitute a "Saturday night special" within the meaning of Section 6.64.160 of this article. The city shall cause the roster, as amended to include these additional firearms, to be published in accordance with Section 6.64.210 of this article.
F.
Effective Date of Additions to the Roster. The addition of new firearms to the roster shall not operate to preclude the enforcement of the roster with respect to firearms previously listed thereon. The publication of the roster, as amended to include new firearms, shall be effective as to those newly added firearms on the 15th day after its publication as set forth in Section 6.64.220 of this article.
(Ord. 1719 § 1, 1998)
No wholesale or retail firearms dealer with a firearm sales permit issued by the city shall engage in firearm sales of any firearm listed on the roster of Saturday night specials. This section shall not preclude a wholesale or retail gun dealer from processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the California Penal Code.
(Ord. 1719 § 1, 1998)
Nothing in this chapter relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by police officers, sheriffs, constables, marshals, or other duly appointed peace officers in the performance of their official duties; nor to persons who are authorized by the United States Federal Government for use in the performance of their official duties; nor shall anything in this chapter prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.
(Ord. 1719 § 1, 1998)
Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this article shall be punished by a fine of not more than $1,000.00 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to be in violation of this article shall be considered in noncompliance with the requirements of this chapter, and subject to the suspension and/or revocation of a firearm sales permit under Section 6.64.100(I) of this chapter.
(Ord. 1719 § 1, 1998)