Chino Municipal Code Ch. 9.86 Regulation of Retail Sales of Firearms

The city council finds and declares that regulation of retail sales of firearms is necessary to protect the public peace and safety and that it enacts this chapter pursuant to Section 12071 of the Penal Code.

(Ord. 91-24 § 1 (part), 1991.)

For the purpose of this chapter, the definitions contained in this section shall govern the meanings of the following terms, words, phrases and their derivations:

1. "Firearm" means any device, designed to be used as a weapon from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. "Firearm" also includes the frame or receiver of any such weapon.

2. "Pistol," "revolver" and "firearm capable of being concealed upon the person" mean and include any device, designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and which has a barrel less than sixteen inches in length. These terms also include any device which has a barrel sixteen inches or more in length which is deigned to be interchanged with a barrel less than sixteen inches in length.

3. For purposes of this chapter, "firearm" does not include an unloaded firearm which is defined as an "antique firearm" in Section 921(a)(16) of Title 18 of the United States Code or a curio, or relic, as defined in Section 178.11 of Title 27 of the Code of Federal Regulations.

(Ord. 91-24 § 1 (part), 1991.)

A. No person shall engage in the business of selling, leasing, transferring, advertising, offering, or exposing for sale, lease, or transfer of firearms unless he or she has been issued a license therefore by the chief of police pursuant to this chapter. Any person violating this section is guilty of a misdemeanor.

B. As used in this chapter, engaging in the business of selling, leasing, or transferring of firearms does not include any of the following activities:

1. The sale, lease, or transfer of any firearm by a person acting pursuant to a court order or pursuant to the Enforcement of Judgments Law (commencing with Section 680.010 of Part 2 of the Code of Civil Procedure), or by a person who liquidates a personal firearm collection to satisfy a court judgment;

2. The sale, lease, or transfer of firearms by a person acting pursuant to Penal Code Section 12028(c);

3. The sale, lease, or transfer of a firearm by a person who obtains title to the firearm by intestate succession or by bequest, provided the person disposes of the firearm within sixty days of receipt of the firearm;

4. The infrequent sale, lease, or transfer, offering, exposing for sale, lease, or transfer, or advertising for sale, lease, or transfer of firearms.

C. As used in this chapter, "infrequent" means:

1. For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person;

2. For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity.

(Ord. 91-24 § 1 (part), 1991.)

A. Every person who is engaged, or intends to become engaged, in the sale of firearms within the city shall apply for a license to continue or commence said business with the chief of police. Such application shall be submitted on the form provided by the chief of police. Such application shall require the following information from each applicant:

1. The applicant's current name and any former name used within the prior ten years;

2. The applicant's date of birth, place of birth, driver's license number and social security number;

3. The applicant's residential and business addresses for the prior ten years;

4. The applicant's experience in the management or operation of any firearm business and the laws applicable thereto including the identity and location of any firearm business currently or previously managed, operated or owned;

5. The address of each location for which the applicant seeks a license to conduct a firearm sales business and the identity of the owner of said premises;

6. The applicant's complete criminal history, if nay, including the violation of any licensing statutes or ordinances for any business previously conducted by the applicant;

7. A photograph of each applicant, taken within sixty days immediately prior to the date of the filing of the application, which shall be two feet by two feet showing the head and shoulders of each applicant in a clear and distinguishing manner;

8. A statement from applicant's physician verifying that applicant is not abusing alcohol or drugs;

9. Any other information reasonably necessary to accomplish the purposes of this ordinance and to evaluate the qualifications, credibility and moral character of the application to comply with the requirements of this chapter and other applicable state and federal laws.

10. The same information for any and all persons who will, or actually do, manage the firearms business in the case that the applicant will, or does, not actually manage the firearm sales business on a continuous basis. This section requires a licensee to submit such information to the chief of police for each manager subsequent to the issuance of any license hereunder.

B. The applicant shall verify the accuracy, completeness and truthfulness of the information submitted on the application under penalty of perjury.

C. The applicant shall deposit the sum of two hundred fifty dollars toward the investigation and processing of the application. The applicant shall reimburse the city for the actual costs of processing the application and conducting the investigation. The applicant shall pay said costs as a condition of submitting the application and no license granted hereunder shall become valid unless and until said costs are paid by the licensee.

(Ord. 91-24 § 1 (part), 1991.)

A. Upon receipt of a completed application for a firearm sales license, the chief of police shall initiate an investigation of each applicant and complete said investigation no later than sixty days from the application's filing. The chief of police shall investigate the following:

1. The accuracy, completeness and truthfulness of the information contained in the application;

2. The adequacy of the location and the building for the proposed firearm sales business;

3. The applicant's history if any, of violations of criminal or regulatory violations;

4. The applicant's prior business experience as it relates to the management or operation of any firearm sales business or similar business;

5. The applicant's compliance with other applicable laws, ordinances and regulations;

6. The applicant's moral character to comply with the requirements of this chapter and other applicable laws pertaining to the sale, transfer and registration of firearms.

B. If the chief of police finds that the applicant possesses the necessary experience, good business practices and good moral character to conduct the business of firearm sales, the chief of police may grant or conditionally grant a firearm sales license to any such person. If granted, the license shall be in the form prescribed by the attorney general and shall be subject to the conditions of Section 9.86.070 of this chapter.

C. The chief of police shall deny a firearm sales license to any person if he finds any of the following:

1. Any of the information in the application is not accurate, complete and truthful;

2. The applicant has violated, or the proposed retail firearm sales business would violate, any law, ordinance or regulation related to the applicant's fitness to manage or operate a firearm sales business;

3. The applicant does not possess the requisite moral character to comply with the requirements of this chapter, or any reasonable conditions imposed on the permit, or other applicable laws, ordinances or regulations;

4. The applicant does not possess the requisite moral character to manage and operate a firearm sales business within the city in accordance with the requirements of this chapter;

5. The applicant does not have sufficient financial resources, or experience or experienced employees to manage or operate a retail firearm sales business within the city in accordance with the requirements of this chapter.

D. A firearm sales license shall be valid for an initial period of one year which shall automatically expire unless the licensee shall apply for a renewal pursuant to the procedures for an original license.

E. Any such license shall not be transferable by the person to whom it is issued. Any such transfer shall automatically void the license.

(Ord. 91-24 § 1 (part), 1991.)

If the chief of police elects to grant a firearm sales license, the chief of police may impose any condition on the license that reasonably furthers the purposes, regulations and requirements of this chapter or other applicable laws, ordinances or regulations including but not limited to the following:

A. The days and hours during which the retail firearms sales business may operate;

B. The measures for the security or safety of the patrons, employees, neighbors and general public of the retail firearms business including the employment of security personnel.

(Ord. 91-24 § 1 (part), 1991.)

The license issued hereunder shall be subject to the following conditions and operating requirements.

A. The business shall be conducted only in the building designated in the license except as provided in Penal Code Section 12071(a)(1)(B).

B. The license or a copy thereof, certified by the chief of police, shall be displayed on the premises in a conspicuous place.

C. No firearm shall be delivered except after the following time periods:

1. Prior to January 1, 1996, within fifteen days of the application for the purchase, or, after notice by the Department of Justice pursuant to Penal Code Section 12076(c), within fifteen days of the submission to the Department of Justice of corrected copies of the register, or within fifteen days of the submission to the Department of Justice of any fee required pursuant to Penal Code Section 12076(d), whichever is later;

2. On or after January 1, 1996, within fifteen days of the application for the purchase of a pistol, revolver, or other firearm capable of being concealed upon the person, or, after notice by the Department of Justice pursuant to Penal Code Section 12076(c), within fifteen days of the submission to the Department of Justice of corrected copies of the register, or within fifteen days of the submission to the Department of Justice of any fee required pursuant to Penal Code Section 12076(d), whichever is later;

3. On or after January 1, 1996, within ten days of the application for the purchase of any other firearm, or, after notice by the Department of Justice pursuant to Penal Code Section 12076(c), within ten days of the submission to the Department of Justice of corrected copies of the register, or within ten days of the submission to the Department of Justice of any fee required pursuant to Penal Code Section 12076(d), whichever is later.

D. No firearm shall be delivered except as follows:

1. The firearm must be unloaded and securely wrapped or unloaded and in a locked container;

2. The purchaser or transferee of the firearm must be personally known to the licensee or presents clear evidence of his or her identity and age to the licensee. Clear evidence of identity and age of the purchaser or transferee includes, but is not limited, to a motor vehicle operator's license, a state identification card, an employment identification card which contains the bearer's signature and photograph, or any similar documentation which provides the licensee reasonable assurance of the identity and age of the purchaser or transferee.

3. No firearm shall be delivered whenever the licensee is notified by the Department of Justice that the purchaser or transferee is in a prohibited class described in Penal Code Section 12021 or 12021.1 or Welfare and Institutions Code Sections 8100 or 8103.

E. No pistol, revolver, or other firearm capable of being concealed upon the person 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.

F. The licensee shall agree to and shall act properly and promptly in processing transfers of firearms pursuant to Penal Code Section 12082.

G. The licensee shall comply with Penal Code Sections 12072 (a) and (b), 12073 and 12077.

H. The register required by the licensee shall be open to inspection by the chief of police, or designee, at all reasonable time.

I. The licensee shall report the theft of loss of any firearm to the chief of police or watch commander within one hour after such theft or loss is discovered.

(Ord. 91-24 § 1 (part), 1991.)

A. The chief of police shall retain jurisdiction to review the licensee's compliance with this chapter and the conditions of the firearm sales license including but not limited to the right to add, delete or modify any condition of the license based upon the circumstances in existence at the time of such proposed review. Each firearm sales license granted pursuant to this chapter is automatically conditioned by the review provisions of this section. No action shall be taken under this section unless the chief of police finds that such action is necessary to protect the public morals, health, peace, safety or welfare, or that such action is necessary to permit reasonable operation under the firearm sales license previously granted.

B. The chief of police may institute a review hearing of any license provided that a written statement containing the factual basis of the proposed modification has been prepared and delivered to the licensee together with notice of the time, date, and place of the review hearing at least twenty days prior to the review hearing.

(Ord. 91-24 § 1 (part), 1991.)

A. Any decision of the chief of police to deny, grant, conditionally grant, modify or revoke a license to sell firearms may be appealed to the city manager or the city manager's designee. The appeal shall be filed in writing with the city clerk within ten days of any decision by the chief of police. Unless an appeal is filed within such period, any action or decision of the chief of police shall be final and the city manager shall lack jurisdiction to act on such appeal. No appeal shall be valid unless accompanied by the appropriate fee.

B. The statement of appeal shall identify the specific action of the chief of police from which the appeal is taken, specify the grounds for the appeal, and identify the relief requested from the city manager. However, the appeal shall be limited to those matters actually raised by the applicant or licensee before the chief of police. The city manager shall lack jurisdiction to consider any matter not raised before the chief of police or not contained in the statement of appeal.

C. Upon receipt of a statement of appeal, the city manager shall set the matter for a hearing within ten days. The city manager may deny the appeal or may grant the appeal, in whole or in part, together with any conditions which may have been imposed by the chief of police. Within ten days following the conclusion of the hearing, the city manager shall render a decision on the appeal which shall address each matter raised by the appeal.

(Ord. 91-24 § 1 (part), 1991.)