Carpinteria Municipal Code Ch. 5.32 Handgun Sales

Footnotes:

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For statutory provisions authorizing cities to license the retail sale of handguns. see Penal Code § 12071.

For the purposes of this chapter, the word "handgun" shall have the following meaning:

"Handgun" means pistols, revolvers and other firearms capable of being concealed upon the person, as defined in Section 12001 of the Penal Code.

(Prior code § 6610)

The purpose and intent of this chapter is to designate the city clerk of the city of Carpinteria as the duly constituted licensing authority to grant licenses permitting an applicant to sell handguns in this city pursuant to Title 2, Chapter 1, Article 4 of the California Penal Code.

(Prior code § 6611)

Application for a license to sell handguns shall be made and conducted in the following manner:.

Application for license effective for one year from the date of issue shall be on forms made available by the city clerk and prescribed by the Attorney General of the state of California.

(Prior code § 6612)

Upon payment of the fees fixed therefor in Section 5.32.070, and the obtaining of all other applicable fees and licenses, the city clerk shall issue and renew a license to sell handguns in the form prescribed by the Attorney General of the state of California pursuant to Penal Code Section 12071 if, and only if, all the following conditions are satisfied:

A. The applicant is eighteen years of age or over;

B. The applicant has not been convicted of any crime involving the illegal use or possession of any weapon described in Penal Code Section 3024(f) or Penal Code Section 12020;

C. The applicant has not been adjudicated a mentally incompetent person or has not been adjudicated to be a member of a class of persons subject to proceedings pursuant to the Lanterman-Petris-Short Act contained in Section 5001, et seq. of the Welfare and Institutions Code;

D. The applicant has not wilfully failed to disclose any material information required in the application;

E. The applicant has not made any false statement as to any material fact in connection with the application;

F. The applicant is not in violation, at the time of issuance or renewal of the license, of any of the provisions of this chapter, or of any conditions contained in any license to sell handguns previously issued to the applicant pursuant to this chapter, or contained in Penal Code Section 12071; and

G. The sale of handguns at the locations specified in the application is not prohibited by any provision of the zoning laws or ordinances of the city.

(Prior code § 6613)

The city clerk shall approve or deny the application for the license to sell handguns within a thirty-day period commencing on the date such application is received. The city clerk shall provide the applicant with written notice of the grounds for his intended denial. If the city clerk fails to act within the thirty-day period specified in this section, the applicant may request that the city clerk hold a hearing thereon, and to approve or deny the application at the conclusion of each hearing.

(Prior code § 6614)

A. The city clerk shall revoke a license to sell handguns if the licensee violates any condition contained in this chapter, in Penal Code Section 12071, or in the license sought to be revoked.

B. The city clerk shall notify the licensee in writing of such revocation. The notice shall specify the grounds for revocation and the right of the licensee to apply for a hearing before the city clerk within five days after receipt of such notice.

C. If the city clerk revokes a license, the effective date of such revocation shall be stayed until notice pursuant to subsection B of this section and until the determination following any hearing requested by the licensee.

(Prior code § 6615)

A. The license fee for this chapter shall be ten dollars.

B. Such fees are in addition to any other fees or taxes provided by this code or by law.

(Prior code § 6616)