For the purposes of this chapter, the following words and phrases
when used in this chapter shall have the meanings respectively ascribed
to them by this section:
Convicted.
Entry of plea of guilty, or found guilty by court or jury.
Firearms.
Any gun, rifle, shotgun, pistol, revolver or any other device
which projects a missile by an explosive type of ammunition, including,
but not limited to, firearms capable of being concealed upon the person.
Permit.
Any permit issued under and as provided in this chapter.
Permittee.
Any person issued a permit under the provisions of this chapter.
(Prior code §17.1; Ord. 3124 §1, 1966)
This chapter is an exercise of the Police power of the City
for the protection of the safety, welfare, health, peace and morals
of the peoples of this City, and to eliminate the evils of unregulated
and unlawful selling at retail of firearms as a business.
(Prior code §17.6; Ord. 3124 §2, 1966)
The Tax and Permit Inspector and the Police Department are hereby
designated the enforcing agencies of this chapter.
(Prior code §17.7; Ord. 3124 §3, 1966; Ord. 3763 §4, 1975)
No permittee under this chapter shall permit anyone, to whom
the transfer of any firearm is prohibited, to sell, deliver, lease,
rent or in any manner transfer any firearm.
(Prior code §17.8; Ord. 3124 §4, 1966)
No person engaged in the business of selling or otherwise transferring
firearms shall sell, deliver, lease, rent or in any manner transfer,
furnish, give or cause to be sold, delivered, leased, rented, transferred,
furnished or given any firearm to any person under the age of 18 years.
Members of businessman's immediate family are excepted.
(Prior code §17.9)
In any criminal prosecution or proceeding for violation of Section
9.36.090, proof that the defendant permittee, or his or her agent, demanded and was shown immediately prior to the sale or transfer of any firearm bona fide documentary evidence of sufficient age and identity shall be a defense to the prosecution. A bona fide identity card issued by a Federal, State, County or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or identification card issued to a member of the armed forces, shall be deemed to be documentary evidence for the purpose of this chapter.
(Prior code §17.10; Ord. 3124 §5, 1966)
A permittee under this chapter may refuse to sell, or otherwise
transfer, a firearm to any person who is unable to produce bona fide
documentary evidence that he or she has attained the age of 18 years.
(Prior code §17.11; Ord. 3124 §6, 1966)
No person shall offer to any permittee under this chapter, his
or her agent or employee, any documentary evidence of age or identity
which is false, fraudulent or not actually his or her own for the
purpose of procuring any firearm or ammunition therefor, the sale
or other transfer of which would be prohibited under this chapter
by the permittee.
(Prior code §17.12; Ord. 3124 §7, 1966)
No person, whether or not such person is engaged in the business
of selling ammunition for firearms, shall sell ammunition for any
firearm to any person to whom the sale or transfer of any firearm
using such ammunition is prohibited under this chapter. Minors with
written consent of their parent or legal guardian are excepted.
(Prior code §17.13)
No person without holding a current permit as provided in this
chapter shall engage in the business of selling or otherwise transferring
or advertising for the sale of any firearms.
(Prior code §17.14; Ord. 3124 §9, 1966)
An application for the permit required by the preceding section shall be made on a form obtainable from, and filed with, the Tax and Permit Inspector, together with the application fee required by Section
9.36.180. Applications shall be in the form prescribed by the Chief of Police and Tax and Permit Inspector. Each application shall be approved by the Chief of Police prior to issuance of a permit.
(Prior code §17.15; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975)
An application fee of $25.00 is required to accompany each application required by Section
9.36.170 to cover the costs of investigation and processing. Such fee is not refundable in the event the permit required by this chapter is denied. The application fee is to be paid to the Tax and Permit Inspector of the City. Business establishments having more than one location shall be required to pay one application fee only for all locations.
(Prior code §17.16; Ord. 3124 §9, 1966)
An application for a permit required by this chapter shall be deemed approved, unless written notice is deposited in the regular course of mails within 60 days of the filing of the application in the Office of the Tax and Permit Inspector to the applicant, that the application is denied. In the event that an application is denied, the applicant may appeal to the City Council pursuant to the provisions of Section
1.30.050 of this code.
(Prior code §17.17; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975; Ord. 5136, 1999)
Upon approval of the application by the Chief of Police or upon approval as provided in Section
9.36.190, the Tax and Permit Inspector shall issue a permit; provided, that all applicable license fees have been paid by the applicant.
(Prior code §17.18; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975)
Permits required by this chapter shall be effective for one
year, and shall be subject to renewal annually upon application 30
days prior to date of expiration, and approval by the Chief of Police.
A renewal fee of $10.00 shall be required with each such application.
Any permit issued pursuant to this chapter may be revoked by the Tax
and Permit Inspector upon recommendation of the Chief of Police for
breach of any of the following conditions:
A. The
business shall be carried on only on premises designated in the permit;
B. The
permit or a copy of the permit, certified by the issuing authority,
shall be displayed on the premises where it can easily be read;
C. No pistol
or revolver shall be delivered unless all of the following conditions
are complied with:
1. Within
five days of the application for the purchase,
2. Unless
the same shall be unloaded and securely wrapped, and
3. Unless
the purchaser either is personally known to the seller or shall present
bona fide documentary evidence of his or her identity;
D. No pistol
or revolver or imitation thereof, or placard advertising the sale
or other transfer thereof, shall be displayed in any part of the premises
where it can readily be seen from the outside;
E. The
happening of any event or the performance of any subsequent act which
would render the permittee a person to whom a permit cannot be issued
in the first instance;
F. The
misrepresentation of a material fact by any applicant in obtaining
any permit.
(Prior code §17.19; Ord. 3124 §9, 1966; Ord. 3383 §1, 1969; Ord. 3763 §4,
1975)
In no event shall a permit required by this chapter be issued
to any of the following persons:
A. Persons
who are prohibited from possessing firearms capable of being concealed
upon the person under the provisions of Section 12021 of the State
Penal Code;
B. Anyone
convicted of any violation of any provision of the law of the State
dealing with the unlawful use of narcotic, hypnotic or dangerous drugs
or under similar laws of the United States;
C. Anyone
not of good moral character;
D. Anyone
under the age of 21 years.
(Prior code §17.20; Ord. 3124 §9, 1966)
Application for permits may not be made by any person who has
had a permit revoked within three years of the date of the application,
nor shall any application be made by any person if any other person
whose permit has been revoked within three years has a financial interest
in excess of 25% in the business for which the application is made.
(Prior code §17.21; Ord. 3124 §9, 1966)
No permit issued under the provisions of this chapter shall
be transferable to any person. No person shall attempt or purport
to effect such a transfer.
(Prior code §17.22; Ord. 3124 §9, 1966)
Upon any violation of Section
9.36.040,
9.36.090, or
9.36.130, the Tax and Permit Inspector upon recommendation of the Chief of Police may suspend any permit issued under this chapter, for a period of seven days upon the first violation and for 21 days upon a second violation. Upon any third or subsequent violation, the permit may be revoked.
(Prior code §17.23; Ord. 3124 §9, 1966)