The following words and phrases, when used in this chapter,
have the meanings in this section unless, from the context, a different
meaning is intended or specifically defined:
"Firearm"
means any device designed to be used as a weapon, from which
a projectile is expelled through a barrel by the force of any explosion
or other form of combustion. A "firearm" includes any
device defined as a firearm in California
Penal Code Section 16520.
"Firearm dealer"
means any person who fulfills or is required to fulfill the
provisions of
Penal Code Section 26700 and who:
1.
Sells, transfers, or leases any new or used firearms at wholesale
or retail; or
2.
Advertises for sale, transfer, or lease any new or used firearms
at wholesale or retail; or
3.
Offers or exposes for sale, transfer, or lease, any new or used
firearms at wholesale or retail.
(Ord. 557 § 3, 2019)
It is unlawful for any person to transact, engage in, or carry on any business as a firearm dealer without a business license required by Chapter
4.02 and a regulatory permit required by Chapter
4.03.
(Ord. 557 § 3, 2019)
In addition to the grounds for denial of a permit set forth in Chapter
4.02, the issuing officer may deny an application for a business license, for any of the following reasons:
A. The
operation of the firearm dealer business as proposed in the application
for the permit will violate any applicable building, fire, health,
or zoning requirement set forth in this code;
B. The
applicant is under 21 years of age;
C. The
applicant has had a similar permit or license previously revoked or
denied for good cause within one year immediately preceding the date
of the filing of the application;
D. The
applicant has not received any license or approval required by State
or Federal law or regulation;
E. The
applicant, within five years immediately preceding the date of filing
the application, has been convicted in a court of competent jurisdiction
of any of the following offenses:
1. Any
offense involving the use of force or violence upon the person of
another, or
2. Any
offense of theft, embezzlement, or receiving stolen property, or
3. Any
felony offense involving the sale, manufacture, possession, or use
of any controlled substance as defined by the California Health and
Safety Code, or
4. Any
offense in another state which, if committed in this State, would
have been punishable as one of the offenses specified above and immediately
preceding; or
F. The
applicant is under indictment for, or has been convicted of, any violation
of Federal, State or local law relating to the manufacture, sale,
transfer, lease, registration, use, or possession of any firearm or
ammunition; or
G. The
applicant fails to remove the authority of any officer, agent or employee
to act on behalf of the applicant in the firearm dealer business within
five working days after applicant receives written notification by
certified mail or personal delivery from the issuing officer, that:
1. Any
officer, employee, or agent of the applicant, is under indictment
for, or has been convicted of, any violation of Federal, State or
local law relating to the manufacture, sale, transfer, lease, registration,
use, or possession of any firearm or ammunition, or
2. Any
officer, employee, or agent of the applicant, is a person in a prohibited
class described in Sections 29800 through 29830 of the California
Penal Code or Section 8100 or Section 8103 of the Welfare and Institutions
Code; or
I. The
applicant has failed to provide evidence of a possessory interest,
such as the interest of an owner, tenant, lessee or sublessee, in
the property where the proposed business will be conducted; or
J. The
applicant has failed to obtain a zoning use certificate required by
this code.
(Ord. 557 § 3, 2019)
A firearm dealer permit may be issued only to a specific person
to conduct business as a dealer at a specific location and at gun
shows in accordance with California
Penal Code Sections 27200 through
27415. It is unlawful for any person to transfer a firearm dealer
permit to another person or from one location to another without prior
written approval of the issuing officer. Any attempted transfer will
be ineffective.
(Ord. 557 § 3, 2019)
A business license and regulatory permit may be revoked or suspended in accordance with Section
4.02.060 for any of the following:
A. The
firearm dealer, or any officer, employee or agent of the firearm dealer,
is not operating in full compliance with all provisions of this chapter;
B. The firearm dealer is convicted of any of the offenses enumerated in Section
4.20.030;
C. The firearm dealer fails to remove the authority of any officer, agent, or employee to act on behalf of the firearm dealer within five working days after the firearm dealer receives written notification by certified mail or personal delivery, that such officer, agent or employee has been convicted of any of the offenses enumerated in Section
4.20.030; or
D. Any
of the conditions listed on the permit or in this title are violated.
(Ord. 557 § 3, 2019)
Except as otherwise provided herein, the business licensed and
permitted by this chapter may be carried on only in the location designated
in the license.
(Ord. 557 § 3, 2019)
It is unlawful for any person to deliver a firearm except in
compliance with Title 4 of Part 6 of the
Penal Code and any other
applicable law or regulation.
(Ord. 557 § 3, 2019)
No firearm dealer may display any pistol or revolver, or imitation
thereof, or placard advertising the sale or other transfer thereof
in any part of the premises where it can readily be seen from the
outside.
(Ord. 557 § 3, 2019)