Chula Vista Municipal Code Ch. 5.28 Firearms Sales

Sections:

• 5.28.010 License required – Statutory authority applicable.

• 5.28.015 Annual inspection required.

• 5.28.020 Purpose.

• 5.28.030 Definitions.

• 5.28.040 Provision of safe firearm storage device.

• 5.28.050 Provision of safe firearm storage materials.

• 5.28.060 Acknowledgment of receipt by purchaser.

• 5.28.070 Representations. 5.28.080 Exceptions.

• For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code

• § 37101.

No Person shall engage in the business of selling, or otherwise transferring, or advertise for sale or transfer, any pistol, revolver or other firearm capable of being concealed upon the Person, without first obtaining a license from the Chief of Police, which license shall be issued in accordance with the conditions and provisions contained in Article 1, Chapter 2, Division 6, Title 4, Part 6 of the Penal Code, commencing at Section 26700. In accordance with Penal Code Section 26705(d), a nonrefundable required fee(s), or the required renewal fee(s), shall accompany the submission of each license application. Such licenses, when issued, shall expire one year from the date of issuance and may be renewed only by filing a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. (Ord. 3297 § 1 (Att. A), 2014; Ord. 750).

The Chief of Police, or his designee, shall inspect each firearms dealer in the City for the purpose of determining that the provisions of Penal Code Section 16575 are met. No license to conduct business as a firearms dealer shall be granted unless an inspection reveals that the business complies with all provisions. An inspection must be completed at least once per year at the time of license application or renewal. (Ord. 3297 § 1 (Att. A), 2014).

The purpose of this chapter related to trigger lock and safe firearm storage is to reduce the incidents of accidental gun deaths caused by the unintentional discharge of a loaded firearm. Ten (10) percent of all gun deaths in the United States are caused by accidental or unintentional discharge of a loaded firearm. One out of three deaths from accidental firearm discharges could be prevented by a firearm safety device. Most children who accidentally injure or kill themselves or a friend do so while playing with a loaded firearm found in their home or a friend’s home. The number of accidental deaths and injuries attributed to firearms and other weapons is unacceptable and warrants stricter control over the handling and storage of lawful firearms. Firearm Owners have a

responsibility to keep the public safe from the consequences associated with the proliferation and unsafe storage of firearms. Trigger locks or other similar devices, when properly used, can prevent the accidental discharge of firearms. This City has an interest in encouraging firearm Owners to store their firearms in a safe manner and out of the reach of children. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

For the purposes of this chapter, the below terms are defined as follows:

A. “Firearm” means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of explosion or other form of combustion.

B. “Firearm dealer” means any Person licensed by the City pursuant to California Penal Code Section 12071 for the retail sale of firearms within the City of Chula Vista. “Firearm dealer” shall not include Persons involved in transactions excluded under California Penal Code Section 12070.

C. “Safe firearm storage device” or “safe storage device” shall mean any of the following devices, the proper use of which will prevent the unintentional discharge of the firearm:

1. A lockable hard plastic or metal box capable of covering the whole of the firearm sold. The box shall have, or shall be provided with, a lock.

2. A soft case with an outer shell made with a heavy canvas or ballistic nylon capable of covering the whole firearm sold. The case shall have a zipper capable of being locked shut. The soft case shall have, or shall be provided with, a lock.

3. Any type of reusable locking device that is capable of rendering the firearm sold, leased, or transferred inoperable, when properly installed, by keeping the trigger from releasing the sear, thereby dropping the firing pin, or locking the action of the firearm open so it will not go into battery. Any device integrated into the firearm by the manufacturer which meets the criteria of this subsection shall qualify as a safe firearm storage device.

4. All locks or locking devices sold, furnished or made available in order to comply with the provisions of this chapter shall have a key or a combination with at least three tumblers.

A firearm “safety” shall not be considered a safe storage device for purposes of this chapter. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

A. It is unlawful for any firearm dealer to sell, lease or otherwise transfer Ownership of any firearm without also providing with the firearm a safe firearm storage device designed to prevent the unintentional discharge of the firearm being sold, leased, or transferred.

• B. The safe firearm storage device shall be locked in place, properly attached to, or properly covering the firearm at the time it leaves the firearm dealer’s premises.

C. Nothing in this chapter shall prevent the firearm dealer from recovering the cost of providing a safe firearm storage device by charging a price for the safe storage device, either separately or as part of the price of the firearm. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

It is unlawful for any firearm dealer to sell, lease or otherwise transfer Ownership of any firearm without providing with the firearm printed material, approved by the Chief of Police, that advises the user of safe firearm storage practices. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

In connection with the sale, gift, loan or transfer of a firearm, the firearm dealer shall obtain from the Person receiving the firearm a signed acknowledgment that a trigger locking or similar device required by CVMC 5.28.030, and the printed material required by CVMC 5.28.050, has been provided with the firearm. The acknowledgment shall be in a form approved by the Chief of Police. The firearm dealer shall retain signed acknowledgments of receipt in the same manner and to the same extent as required by state law for other firearm transaction records. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

A firearm dealer who has fully complied with the provisions of this chapter relating to trigger locking or similar devices shall not be presumed to have made any representation to the transferee regarding the safety or appropriateness of the use of the trigger locking or similar device, nor shall the firearm dealer be liable in any civil action brought against the firearm dealer, to the extent such liability would be based solely upon the act of furnishing the trigger locking or similar device to a Person in compliance with this chapter. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).

A. The requirements of CVMC 5.28.040, 5.28.050 and 5.28.060 shall not apply to firearms that have been determined by the Director of the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, to be curios or relics under federal law.

B. The requirements of CVMC 5.28.040, 5.28.050 and 5.28.060 shall not apply to firearms rented at a licensed range for use on the range and shall not apply to temporary lending transactions in which the firearm does not leave the premises of the firearm dealer. (Ord. 3297 § 1 (Att. A), 2014; Ord. 2774 § 1, 1999).