Campbell Municipal Code Ch. 5.45 Sale of Firearms and Ammunition

"Applicant" means any person who applies for a law enforcement permit, or the renewal of such a permit, to sell, lease or transfer firearms, firearm components, or ammunition.

"Chief of Police" means the Chief of Police or the Chief's designated representative.

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion, provided that the term "firearm" shall not include an "antique firearm" as defined in section 921(a)(16) of Title 18 of the United States Code.

"Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an "antique firearm" as that term is defined in section 921(a)(16) of Title 18 of the United States Code.

"Permittee" means any person, corporation, partnership or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition, which person or entity has obtained a law enforcement permit to sell, lease or transfer firearms, firearm components, or ammunition.

To "engage in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition" means to conduct a business by the selling, leasing or transferring of any firearm, firearm component, or ammunition, or to hold one's self out as engaged in the business of selling, leasing or otherwise transferring any firearm, firearm component, or ammunition, or to sell, lease or transfer firearms, firearm components, or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

It is unlawful for any person, corporation, partnership or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition within the City without a law enforcement permit, as required by this chapter.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) An applicant for a permit or renewal of a permit 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. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter, including:

(a) The applicant's name, including any aliases or prior names, age and address;

(b) The applicant's federal firearms license and California firearms dealer numbers, if any;

(c) The address of the proposed location for which the permit is sought, together with the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business;

(d) The names, ages and addresses of all persons who will have access to or control of workplace firearms, firearm components, or ammunition, including but not limited to, the applicant's employees, agents and/or supervisors, if any;

(e) A certificate of eligibility from the state Department of Justice under Penal Code Section 12071 for each individual identified in Section 5.45.030(1)(d) demonstrating that the person is not prohibited by state or federal law from possessing firearms or ammunition;

(f) Proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee or other legal occupant, and, if the applicant is not the owner of record of the real property upon which, the applicant's business is to be located and conducted, the written consent of the owner of record of such real property to the applicant's proposed business;

(g) A floor plan of the proposed business which illustrates the applicant's compliance with security provisions, as outlined in Section 5.45.060 of this chapter;

(h) Proof of compliance with all applicable federal, state and local licensing and other business laws;

(i) The 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 pursuant to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of:

(1) The applicant;

(2) The applicant's officers, employees, agents and/or supervisors; or

(3) If the business is a corporation, partnership or other entity, the officers, directors or partners.

(j) Certification of satisfaction of insurance requirements, for applicants applying for a permit to sell firearms or firearm components;

(k) The date, location and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.

(2) The application shall be accompanied by a nonrefundable fee for administering this article as established by City Council resolution.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) The Chief of Police shall conduct an investigation to determine, for the protection of the public health and safety, whether the law enforcement permit may be issued or renewed.

(2) Prior to issuance or renewal of the permit, the Chief of Police may inspect the premises to ensure compliance with this chapter.

(3) The Chief of Police shall grant or renew a law enforcement permit if the applicant or permittee is in compliance with this chapter and all other applicable federal, state and local laws.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) The Chief of Police shall deny the issuance or renewal of a law enforcement permit, or shall revoke an existing permit, if the operation of the business would not or does not comply with federal, state or local law, or if the applicant or permittee:

(a) Is under twenty-one years of age;

(b) Is not licensed as a dealer in firearms under all applicable federal, state and local laws;

(c) Has made a false or misleading statement of a material fact or omission of a material fact in the application for a law enforcement permit, or in any other documents submitted to the Chief of Police pursuant to this chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years;

(d) Has had a license or permit to sell, lease, transfer, purchase or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years;

(e) Has been convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal, state or local law, including, but not limited to, the offenses listed in Penal Code Sections 12021 and 12021.1;

(2) An offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition;

(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 of a controlled substance as defined by the State Health and Safety Code;

(f) Is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103; or

(g) Is currently, or has been within the past five years, an unlawful user of a controlled substance as defined by the Health and Safety Code.

(2) Where an applicant is applying for a law enforcement permit to sell, lease or transfer firearms, firearm components or ammunition within the first ninety days of the effective date of this Chapter, and where the applicant has a pre-existing firearms dealer business which complies with all applicable federal, state and local laws, or is not a firearms dealer but is already engaged in the sale of ammunition:

(a) The applicant's current employees, agents or supervisors may continue to have access to or control over workplace firearms, firearm components and ammunition pending the completion of the Chief of Police's investigation and background verification.

(b) Where one or more of the applicant's employees, agents or supervisors are found to be no longer eligible under the provisions of this chapter, the applicant shall have twenty-one days from the mailing of written notification from the Chief of Police to verify that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm components or ammunition. Failure of the applicant to comply with this subsection shall cause the Chief of Police to deny the application for a law enforcement permit.

(3) The law enforcement permit of any person or entity found to be in violation of any of the provisions of this chapter may be revoked.

(4) The Police Chief shall notify the applicant in writing of his determination to deny an application or revoke an existing application. The notice shall be sent by First Class United States Mail, postage prepaid to the applicant at the address provided by the applicant in the application. The notice shall state the reasons for the denial or revocation.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) If the proposed or current business location is to be used at least in part for the sale of firearms or firearm components, the permitted place of business shall be a secure facility within the meaning of Penal Code Section 12071(c)(2).*

*A "secure facility" is defined by Penal Code § 12071(c)(2) as a building that meets certain specifications, including: certain types of locks on all doorways; steel bars on all windows; and steel bars, metal grating, or an alarm system on all heating, ventilating, air-conditioning, and service openings. State law allows a firearms dealer to avoid these requirements by utilizing other security features. See Penal Code § 12071(b)(14). Penal Code § 12071(b)(15) explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law.

(2) If the proposed or current business location is to be used at least in part for the sale of firearms or firearm components, all heating, ventilating, air-conditioning, and service openings shall be secured with steel bars or metal grating.

(3) Any time a permittee is not open for business, every firearm or firearm component shall be stored in one of the following ways:

(a) In a locked fireproof safe or vault in the licensee's business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 12088.2; or

(b) Secured with a hardened steel rod or cable of at least one-fourth 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 boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five firearms may be affixed to any one rod or cable at any time.

(4) Any time a permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one of the following three methods, except in the immediate presence of and under the direct supervision of an employee of the permittee:

(a) Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the permittee for assistance;

(b) Secured behind a counter where only the permittee and the permittee's employees are allowed. During the absence of the permittee or a permittee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or

(c) Secured with a hardened steel rod or cable of at least one-fourth 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 boltcutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five firearms may be affixed to any one rod or cable at any time.

(5) Any time a permittee is open for business, every firearm component, and any ammunition that is not principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code § 12001(a), shall be inaccessible to the public and secured using one of the methods mentioned in subsection (4)(a) or (b), except in the immediate presence of and under the direct supervision of an employee of the permittee.*

*Penal Code § 12061(a)(2) addresses the storage of handgun ammunition by sellers. That provision is effective January 1, 2010. See AB 962 (De Leon). "Handgun ammunition" is defined as ammunition principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code § 12001(a). Penal Code § 12060(b).

(6) The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business & Professions Code Sections 7590 et seq. The alarm system must be monitored by a central station listed by Underwriters Laboratories, Inc., and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a #3 extent of protection, or system that provides a comparable level of protection.*

*Underwriters Laboratories, Inc. uses the term "extent of protection" to refer to the amount of alarm protection installed to protect a particular area, room or container. Systems with a #3 extent of protection include complete protection for all accessible openings, and partial motion and sound detection at certain other areas of the premises. For more information, see Central Station Alarm Association, A Practical Guide to Central Station Burglar Alarm Systems (3rd ed. 2005).

(7) The permitted business location shall be monitored by a video surveillance system that meets the following requirements:

(a) The system shall include cameras, monitors, digital video recorders, and cabling, if necessary.

(b) The number and location of the cameras shall at a minimum, as determined by the Chief of Police, be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms, firearm components or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots. The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.

(c) In addition, the sale or transfer of a firearm, firearm component or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible.

(d) When recording, the video surveillance system shall record continuously and store color images of the monitored area at a frequency of not less than fifteen frames per second.* The system must produce retrievable and identifiable images and video recordings on media determined by the Chief of Police to be able to be enlarged through projection or other means, and can be made a permanent record for use in a criminal investigation. The system must be capable of delineating on playback the activity and physical features of persons or areas within the premises.

*Television in the U.S. has 30 frames per second. However, 15 frames per second is generally described as viewable, and is used in similar regulations. See, e.g., 02-392-013 Me. Code R. 6(6).

(e) The stored images shall be maintained on the business premises of the permittee for a period not less than one year from the date of recordation and shall be made available for inspection by federal, state or local law enforcement upon request.

(f) The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fifteen calendar days. The permittee must inspect the system at least weekly to ensure that it is operational and images are being recorded and retained as required.

(g) The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height: THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.

(8) The Chief of Police may impose security requirements in addition to those listed in this section prior to issuance of the law enforcement permit if the Chief of Police finds that such requirements are necessary to provide adequate security. Failure to fully comply with the requirements of this section shall be sufficient cause for denial or revocation of the law enforcement permit by the Chief of Police.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) If the proposed or current business location is to be used for the sale of firearms or firearm components, no law enforcement permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, insuring the applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease or transfer or offering for sale, lease or transfer of a firearm, firearm component or ammunition, or any other operations of the business. The policy shall also name the City and its officers, employees and agents as additional insured's. The limits of liability shall not be less than one million dollars for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the City Counsel if deemed necessary to provide adequate coverage against potential claims.

(2) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until written notice has been given to the City Manager at least 30 days prior to the time the cancellation becomes effective.

(3) Upon expiration of the policy of insurance, and if no additional insurance is obtained, the law enforcement permit is considered revoked without further notice.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) The business shall be carried on only in the building located at the street address shown on the permit. This requirement does not prohibit the permittee from participating in a gun show or event which is authorized by federal, state and local law upon compliance with those laws.

(2) The business shall not be located in any district or area zoned for residential use.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

Within the first five business days of April and October of each year, the permittee shall cause a physical inventory to be taken that includes a listing of each firearm and firearm component held by the permittee by make, model, and serial number, together with a listing of each firearm and firearm component the permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13). The permittee shall maintain a copy of the inventory on the premises for which the law enforcement permit was issued for a period of not less than five years from the date of the inventory and shall make the copy available for inspection by federal, state or local law enforcement upon request.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

The law enforcement permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be easily seen by those entering the premises.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) The Police Chief shall notify the applicant of his determination on the application within thirty days from the date that a completed application was received by him. The notice shall be sent by First Class United States Mail, postage prepaid to the applicant at the address provided by the applicant in the application. If the Police Chief denies the application, the notice shall state the reasons for the denial.

(2) A law enforcement permit expires one year after the date of issuance. A permit may be renewed for additional one-year periods if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by City Council resolution. Renewal of the permit is contingent upon the permittee's compliance with the terms and conditions of the original application and permit, as detailed in this chapter. Police department personnel may inspect the permitted business premises for compliance with this chapter prior to renewal of the permit. The renewal application and the renewal fee must be received by the Police department no later than forty-five days before the expiration of the current permit.

(3) A decision regarding issuance or renewal of the law enforcement permit may be appealed in the manner provided in Section 5.45.180 of this chapter.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

A law enforcement permit issued under this chapter is not assignable. Any attempt to assign a law enforcement permit shall result in revocation of the permit.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

A person engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm component, or ammunition on the effective date of this chapter shall, within ninety days of the effective date, comply with this chapter.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

Permittees shall have their places of business open for inspection by federal, state and local law enforcement during all hours of operation. The Police department may conduct periodic inspections of the permittee's place of business without notice. Permittees shall maintain all records, documents, firearms, firearm components and ammunition in a manner and place accessible for inspection by federal, state and local law enforcement.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

A permittee shall post conspicuously within the licensed premises the following warning in block letters not less than one inch in height: WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE (DROS) FORM AT A LICENSED FIREARMS DEALERSHIP.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this chapter is committed or continued by such person and shall be punishable accordingly.

(2) In addition to any other penalty or remedy, the City Council may authorize a civil action to seek enforcement of these provisions.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

In addition to any other penalty or remedy, the Police Chief shall report any person or entity whose law enforcement permit is revoked pursuant to this chapter to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms & Explosives within the U.S. Department of Justice.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

(1) Within ten days of the Chief of Police mailing a written denial of the application or revocation of 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 days.

(2) Notice of the hearing shall be sent to the applicant, at the address stated on the application, by first class mail at least five days prior to the hearing. The notice shall state the date, time and place of the hearing. At the hearing the applicant may present any relevant evidence as to why his permit should not be denied or revoked.

(3) The Chief of Police shall provide a written decision regarding the appeal within fourteen calendar days of the hearing by First Class mail addressed to the applicant at the address on the application.

(4) An applicant may appeal the decision of the Chief of Police to the City Council within thirty days of receipt of the denial by submitting a written request for the appeal to the City Clerk. Notice of the hearing on the appeal shall be sent to the applicant, at the address stated on the application, by first class mail at least five days prior to the hearing. The notice shall state the date, time and place of the hearing. At the hearing the applicant may present any relevant evidence as to why his permit should not be denied or revoked.

(5) The City shall provide a written decision on the appeal within thirty days following the conclusion of the hearing by First Class mail addressed to the applicant at the address on the application.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)

If any section, subsection, sentence or clause of this chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the constitutionality, validity or enforceability of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses.

(Ord. No. 2150, § 1(Exh. A), 9-20-2011)