This chapter may be referred to as the "Firearms Dealer Permit Ordinance."
(Ord. 451-95 § 1, 1995)
The declared purpose of this chapter is to provide uniform regulations applicable to all firearms dealers/gunsmiths in the City. The Council finds that:
A.
The number of Federally licensed firearms dealers in the City exceeds the number of business licenses for the sale of firearms; and
B.
Three percent of all residential burglaries/residential grand thefts reported to the Union City Police Department in 1994, resulted in the loss of firearms; and
C.
Sixteen percent of all aggravated assaults reported to the Union City Police Department in 1994 involved the use of a firearm; and
D.
Thirty-nine percent of all robberies reported to the Union City Police Department in 1994 involved the use of a firearm; and
E.
The widespread availability of illegally obtained firearms has resulted in a rise in the number of shooting incidents involving minors; and
F.
Because of the range and effectiveness of the firearms the use of firearms in violent crimes is more likely to result in the death or injury of bystanders; and
G.
There is a need to regulate the storage of firearms held for sale, transfer or lease, and to ascertain the suitability of permit applicants to operate as firearms dealers in order to minimize the risk of theft and illegal sale, distribution and usage of firearms.
(Ord. 451-95 § 1, 1995)
The following words and phrases, whenever used in this chapter, are defined as follows:
means the firearms dealer as defined in this chapter who is making application to the City for a firearms dealer permit or gunsmith permit as required by 12071(a)(1) of the California Penal Code.
means the Chief of Police of the City or his or her designee charged with the administration of this chapter, subject to the administrative direction of the City Manager.
means a person who is a collector of any antique firearm or any firearm which is a curio or relic as defined in Section 178.11 et seq. of Title 27 of the Code of Federal Regulations and who only possesses a valid Bureau of Alcohol, Tobacco and Firearms Federal Firearms License of Type 03 (Collectors of curios and relics).
means the conduct of a business by the selling, transferring or leasing of any firearm; or the preparation for such conduct of the business as evidenced by the securing of applicable Federal and 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 firearms in quantity in series or in individual transactions, or in any other manner indicative of trade.
means any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by a force of an explosion or other form of combustion.
means a person engaged in the business of selling, transferring, leasing or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease any firearm with the exception of a Bureau of Alcohol, Tobacco and Firearms Federal Firearms License of Type 03 (collectors of curios and relics) and Type 01 (limited to those who engage only in gunsmith activities and do not conduct any sales transactions). Included in the definition are persons involved solely in the warehousing and storage of firearms.
means a person whose occupation is to design, modify, make or repair firearms. For the sales of firearms, refer to "firearms dealer" under Section 9.82.040A of this chapter.
means any natural person, firm, corporation, organization, company, association, business trust, joint-stock company, partnership, joint venture, club, or the agent, servant, manager, officer employee or lessee of any of them; and any municipal, political, or governmental corporation, district, body or agency other than the City.
(Ord. 451-95 § 1, 1995)
A.
Firearms Dealers. No person, partnership, cooperative, corporation, firm or association may engage in the business of operating or managing any business in the City, which sells, transfers, leases, or offers or advertises for sale, transfer or lease, any firearm, without first obtaining a firearms dealers permit from the Chief of Police of the Union City Police Department. Application for any such permit shall be made in writing to the Chief of Police of the City in such form as shall be prescribed by him/her. The applicant shall provide all information requested, including proof of compliance with all applicable Federal, State and local laws, or the application will not be deemed complete. Persons who are collectors of antique firearms as described in Section 9.82.030 of this chapter shall not be required to obtain and maintain a firearms dealer permit.
B.
Gunsmiths. No person, partnership, cooperative, corporation, firm or association will engage in the business of operating or managing a business which designs, modifies, makes or repairs firearms in the City without first obtaining a gunsmith permit from the Chief of Police of the Union City Police Department. Application for any such permit shall be made in writing to the Chief of Police of the City in such form as prescribed by him/her. The applicant shall provide all information requested, including proof of compliance with all applicable Federal, State and local laws, or the application will not be deemed complete.
(Ord. 451-95 § 1, 1995)
Applications for gun dealers or gunsmith permits shall be accompanied by a nonrefundable permit fee as set forth in the City master fee resolution.
(Ord. 451-95 § 1, 1995)
A.
The Chief of Police shall administer this chapter.
B.
The Chief of Police shall conduct an appropriate investigation to determine the eligibility of each owner, partner, employee, manager, officer, agent, lessee, or other responsible person engaged in the business for which the applicant is seeking a firearms dealer or gunsmith permit. This investigation shall be conducted for the protection of the public safety and to determine if a permit may be issued. The applicant, owner, partner, employee, manager, officer, agent, lessee, or other responsible person engaged in the business shall fully cooperate by providing necessary authorization for access to private records and information.
C.
The background check and investigation shall be completed within sixty days of the receipt of a gun dealer or gunsmith application.
(Ord. 451-95 § 1, 1995)
The Chief of Police may issue or renew a permit only if the following criteria are met. The Chief of Police may deny a new permit or suspend, revoke or impose reasonable conditions for issuance or renewal of an existing permit for failure to meet the following criteria:
A.
Applicants must be at least twenty-one years old.
B.
The applicant must hold all applicable Federal, State, and local licenses and authorizations.
C.
The applicant has no prior revocation or denial of a similar permit, for good cause within the last two years.
D.
The applicant has provided accurate statements of fact on his or her application.
E.
The applicant must have paid all applicable fees as provided in the Union City master fee resolution.
F.
The applicant is free of a conviction for any of the following offenses:
1.
Any offense that would disqualify the applicant from owning or possessing a firearm under Federal, State and local laws;
2.
Any offense related to the manufacturing, sale, possession, use or registration of any firearm or dangerous or deadly weapon;
3.
Any offense involving the use of force or violence against the person of another;
4.
Any offense involving the manufacturing, sale, possession or use of any controlled substance as defined in the California State Health and Safety Code.
G.
The applicant is not an unlawful user of any controlled substance as defined by the California State Health and Safety Code, or an excessive user of alcohol to the extent that it would impair his or her ability to be a dealer in firearms or be a gunsmith.
H.
The applicant is not a mental patient in a hospital or institution, or on leave of absence from any hospital or institution, or adjudicated by a court to be a danger to others as a result of a mental disorder or illness, or a mentally disordered sex offender, or suffers from any psychological disturbance which would impair his or her ability to be a firearms dealer or gunsmith.
I.
The applicant proposes to operate the business in a manner which complies with all Federal, State and local laws.
J.
The applicant operates his or her business:
1.
Within a zoning district where the proposed use is permitted by zoning regulations; or
2.
Within a zoning district where the proposed use is conditionally permitted and the applicant has obtained all required permits or approvals as prescribed by the Union City Municipal Code and general law, under a conditional use permit.
K.
The applicant can provide evidence of possessory interest in the property at which he/she proposes to conduct business.
(Ord. 451-95 § 1, 1995)
Firearms security regulations shall be adopted as provided in this section.
A.
A primary objective of this chapter is to discourage theft from the premises of the firearm dealers, and to provide a safe and secure facility for storage and sale of firearms. To this end the permittee shall comply with all firearms dealer regulations prescribed by the Chief of Police. The Chief of Police is authorized to adopt all necessary administrative regulations to carry out the intent of this chapter.
B.
The Chief of Police shall adopt firearms security regulations requiring, but not limited to, the following:
1.
The provision of secure locks, windows and doors, adequate lighting and an alarm security system in accordance with permitted City security regulations and/or specified by the Chief of Police;
2.
The storage of all firearms on the premises out of reach of customers in secure, locked locations, so that the access to the firearms is controlled by the dealer and/or owner, partner, employee, manager, officer, agent, lessee or other responsible person engaged in the business and to the exclusion of others. Storage of ammunition, gunpowder or other flammable or explosive material shall be in accordance with the Uniform Fire Code and the Union City Municipal Code hazardous material storage ordinance.
(Ord. 451-95 § 1, 1995)
A.
All permits issued pursuant to this chapter shall expire one year after the date of issuance, unless suspended or revoked prior to the expiration date.
B.
All permits issued pursuant to this chapter shall be subject to renewal after one year. The permittee shall file a renewal application and pay all applicable fees as specified in the Union City master fee resolution. Such application will then be reviewed by the Chief of Police for compliance with the provisions of this chapter. A permit will be issued by the Chief of Police for a renewal application which meets the provisions specified in this chapter.
The permit will be valid for one year.
C.
Applications for renewal of an existing valid permit must be completed and received by the Chief of Police, in completed form, no later that thirty days prior to the expiration of the current permit.
(Ord. 451-95 § 1, 1995)
A.
All permits issued pursuant to this chapter shall be subject to the following conditions. The violation of any of the listed conditions will be grounds for suspension or revocation of the permit by the Chief of Police.
1.
No firearms dealer permit will be issued to a person engaged in the business of selling, transferring, leasing or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease any firearm from a residence.
2.
The business shall be conducted only in the building located at the street address indicated on the permit.
3.
The sales of firearms shall be conducted only by the person(s) listed on the firearms dealer permit issued by the City, known as the permittee. If the permittee is to be assisted by another person such as an owner, partner, employee, manager, officer, agent, lessee, or other responsible person engaged in the business of the sale of firearms, these individuals must be reviewed under the requirements of Section 9.82.070(A), (E), (F), (G), and (H) of this chapter.
4.
The permittee shall comply with Sections 12073, 12074, 12076, 12077 and 12082 and subdivision (b) of Section 12072 of the California Penal Code, to the extent that the provisions remain in effect.
5.
The permittee shall comply with all sections of this chapter.
B.
Any permit pursuant to this chapter shall be subject to additional conditions as the Chief of Police deems reasonably related to the purpose of this chapter.
(Ord. 451-95 § 1, 1995)
A.
The Chief of Police may deny a new permit application or suspend, modify, revoke or deny renewal of an existing permit for failure of the applicant or permittee to satisfy any of the criteria provided in Section 9.82.070, Permit approval, renewal, suspension, conditions and revocation criteria, Section 9.82.080, Security requirements, Chief of Police authority to adopt administrative regulations, Section 9.82.100, Permit conditions, Section 9.82.140, Permit liability insurance, and Section 9.82.150, Inspection authority, of this chapter.
B.
Any decision to deny a new permit application, suspend, revoke, modify or deny renewal of an existing permit shall be given to the applicant or permittee in writing; addressed to the permittee or applicant at the address on the application, and shall set forth the factual and legal grounds for the decision.
(Ord. 451-95 § 1, 1995)
A.
Within thirty days after the date of deposit of the decision of the Chief of Police in the mail in accordance with Section 9.82.110, Permit denial, suspension, conditioning, revocation, denial of renewal, the applicant or permittee may appeal the decision in writing to the City Manager (or designee), setting forth the factual and legal grounds for appeal.
C.
The hearing shall be conducted within forty-five days from the date the appeal was received by the City Manager. In any hearing under this section, the applicant shall bear the burden of proof to establish entitlement to the requested permit by a preponderance of the evidence.
D.
After hearing the appeal, the City Manager (or designee) may:
1.
Refer the matter back to the Chief of Police for a new investigation and decision consistent with direction provided by the City Manager (or designee);
2.
Affirm the decision of the Chief of Police;
3.
Approve the application for a permit subject to any conditions the City Manager (or designee) may prescribe; or
4.
May approve the application for a permit without conditions.
E.
The decision of the City Manager (or designee) shall be the final administrative determination and is subject to judicial review.
(Ord. 451-95 § 1, 1995)
In any appeal hearing conducted under this chapter, the City Manager (or designee) shall assess all costs of the hearing, including direct and indirect staff costs and overhead and attorney fees, to the appellant whenever the City prevails.
(Ord. 451-95 § 1, 1995)
A.
No firearms dealer permit shall be issued or renewed pursuant to this chapter unless there is in full force and effect, prior to issuance of a permit or renewal, a policy of insurance in such form that the City Attorney and City Risk Manager deem proper. This policy must be executed by an insurance company approved by the City Attorney, whereby the applicant or permittee is insured against liability for damage to property and for injury to, or death of any person as result of the sale, transfer or lease, or advertising for sale, transfer or lease, or advertising for lease of any firearm. The minimum liability limits shall not be less than one million dollars for damages to, or destruction of property in any one incident; and one million dollars for the death or injury to any one person; provided, however, that additional amounts may be required by the City Attorney if deemed necessary.
B.
The policy of insurance shall name the City, its officers, agents and employees as additional insureds. Applicants and permittees shall indemnify, defend and hold harmless the City, its officers agents and employees, from claims arising from the negligence of the applicant or permittee. Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until notice in writing has been given to the Chief of Police sixty days prior to cancellation.
(Ord. 451-95 § 1, 1995)
A.
The Chief of Police or his designee shall have the right to enter any firearms dealer establishment from time to time during regular business hours to make reasonable inspections to ascertain whether the provisions of this chapter are being complied with. A warrant shall be obtained whenever required by law.
B.
The Police Department shall conduct an on-site inspection, and review the gun dealer or gunsmith, every six months.
C.
The cost of the inspection and review shall be charged at an hourly rate with a minimum of one hour. The hourly rate shall be specified in the City master fee resolution.
(Ord. 451-95 § 1, 1995)
Any person engaging in the business of selling, transferring, or leasing or advertising for sale, transfer or lease, or offering for sale, transfer or lease, any firearm on the effective date of the ordinance codified in this chapter shall have sixty days from the effective date to comply with the provisions of this chapter.
(Ord. 451-95 § 1, 1995)
A.
If a firearm dealer violates any Federal, State or local County or City laws, the Chief of Police may immediately suspend the right of the dealer to sell firearms.
B.
The temporary suspension will not exceed three days. If the violation results in a criminal charge filed by a Federal, State or County District Attorney, such permit to sell firearms may be suspended until the case is adjudicated in a court of law.
(Ord. 451-95 § 1, 1995)
A.
This chapter shall be enforced to the full extent of the authority of the Chief of Police. If any section, subsection, sentence, clause, phrase or portion of the chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
B.
The City Council of the City declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsection, clauses, phrases or portions should be declared invalid or unconstitutional.
(Ord. 451-95 § 1, 1995)