Corona Municipal Code Ch. 5.40 Sale of Concealable Firearms

Sections

Statutory reference:

For statutory provisions on licenses to sell concealed weapons, see Penal Code §§ 12070 et seq.

The purpose of this chapter is to provide for the licensing of persons who engage in the business of selling by retail any pistol, revolver, or other firearm capable of being concealed upon the person, as provided for in Part 4, Title II, Chapter 1, Article 4 (commencing with Section 12070) of the California Penal Code, and in this chapter referred to as "Article 4."

(A) It is unlawful for any person to engage in business as a firearms dealer, as hereinafter defined, without a firearm dealer permit issued by the Chief of Police. The Chief of Police is constituted the licensing authority for the city within the meaning of Section 12070 of Article 4, and is granted the authority to administer the provisions of this chapter. The Chief of Police may delegate such authority to an employee or member of the Police Department as he shall determine.

(B) It is unlawful for any person to sell, deliver, or otherwise transfer any firearm in violation of state or federal law or without the permit required by § 5.40.20.

For the purpose of this chapter, the following words shall mean:

"Chief of Police" means the Chief of Police or his designee.

"Firearm" means any device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. A "Firearm" includes any device defined as a firearm in California Penal Code Section 12002.

"Firearms Dealer" means any person who obtains a Federal Firearms Dealer License for the business of:

(1) Selling, transferring, or leasing any new or used firearms at wholesale or retail; or

(2) Advertising for sale, transfer, or lease any new or used firearms at wholesale or retail; or

(3) Offering or exposing for sale, transfer, or lease, any new or used firearms at wholesale or retail.

This chapter shall not be applicable to any person who makes only those sales described in Section 12078 of the California Penal Code.

(A) The Chief of Police or his designee shall accept applications for, and may grant licenses permitting a person to sell at retail within the city pistols, revolvers, and other firearms capable of being concealed upon the person. If such a license is granted, it shall be effective for not more than one year from the date of issuance or such shorter period of time as the Chief or his designee may provide.

(B) An application fee for an initial license shall be required and, if said license is issued, any additional fee required by the Department of Justice shall also be paid. An application fee shall also be required for a renewal license, and payment of any additional fees required by the Department of Justice. The amounts of all fees required pursuant to this section shall be established by resolution, except those fees established by the Department of Justice. All fees shall be paid to the director of finance, and no application shall be accepted and no license issued before the applicable fee is paid in full. All fees shall be nonrefundable. The fees charged are deemed reasonable fees to defray the cost of investigation, administration and issuance of said licenses.

The Chief of Police or his designee may issue a license as provided for in this chapter if he first finds that:

(A) The applicant is not one of the classes of persons described in Sections 12021 and/or 12021.5 of the California Penal Code; and

(B) The building in which the applicant proposes to conduct the business of selling by retail any pistol, revolver or other firearm capable of being concealed upon the person is equipped with such security devices as the state of California requires and the chief or his designee deems necessary to prevent the theft therefrom of any such firearm; and

(C) The conduct of such business at the proposed location will not adversely affect the public health, safety and general welfare.

(D) Any license issued pursuant to this chapter shall be subject to those conditions stated in Section 12071 of the California Penal Code and any other reasonable conditions deemed necessary by the chief, or his designee, to protect the public health, safety and general welfare. Such license shall be in the form prescribed by the California Attorney General.

Except as otherwise provided in this Code, upon completion of the background investigation of the applicant, the Chief of Police or designee shall issue the permit unless:

(A) The applicant has knowingly made false or misleading statements of a material fact or omitted a material fact in the application; or

(B) The operation of the firearm dealer business as proposed in the application for the permit will violate any applicable building, fire, health, or zoning requirement set forth in this Code; or

(C) The applicant is under 21 years of age; or

(D) The applicant has had a similar permit or license previously revoked or denied for good cause within one year immediately preceding the date of the filing of the application; or

(E) The applicant has not been licensed as a firearm dealer as required by federal law and the State of California; or

(F) The applicant, within five years immediately preceding the date of filing the application has been convicted in a court of competent jurisdiction of any of the following offenses:

(1) Any offense involving the use of force or violence upon the person of another; or

(2) Any offense of theft, embezzlement, or receiving stolen property; or

(3) Any felony offense involving the sale, manufacture, possession, or use of any controlled substance as defined by the California Health and Safety Code; or

(4) Any offense in another state which, if committed in this state, would have been punishable as one of the offenses specified above and immediately preceding; or

(G) The applicant is under indictment for, or has been convicted of, any violation of federal, state or local law relating to the manufacture, sale, transfer, lease, registration, use, or possession of any firearm or ammunition; or

(H) The applicant fails to remove the authority of any officer, agent or employee to act on behalf of the applicant in the firearm dealer business within five working days after applicant receives written notification by certified mail or personal delivery from the Chief of Police, that:

(1) Any officer, employee, or agent of the applicant, is under indictment for, or has been convicted of, any violation of federal, state or local law relating to the manufacture, sale, transfer, lease, registration, use, or possession of any firearm or ammunition; or

(2) Any officer, employee, or agent of the applicant, is a person in a prohibited class described in Section 12021 or Section 12021.1 of the California Penal Code or Section 8100 or Section 8103 of the Welfare and Institutions Code; or

(I) The applicant is a person in a prohibited class described in Section 12021 or Section 12021.1 of the California Penal Code or Section 8100 or Section 8103 of the Welfare and Institutions Code; or

(J) The applicant has failed to provide evidence of a possessory interest, such as the interest of an owner, tenant, lessee or sublessee, in the property where the proposed business will be conducted; or

(K) The applicant has failed to obtain a zoning use certificate required by this Code.

Firearms dealers shall comply with the reporting requirements established in Section 12076 of the California Penal Code for reporting sales of firearms, including collection and transmission to the State of any fees required to be charged in connection with the sale or purchase of a firearm.

The Chief of Police or his designee may revoke a license issued under this chapter, or may refuse to issue a renewal license thereunder, if the renewal applicant fails to meet the standards provided for in § 5.40.050, or the licensee has violated any provision of Article 4 of the California Penal Code, or has violated any other law of the state dealing with firearms or weapons or has breached any condition of a license issued under this chapter.

(A) The permit shall be revoked if the firearms dealer, employee or agent of the firearm dealer is not operating in full compliance with this ordinance.

(B) The permit shall be revoked if the firearm dealer does not remove the authority of any officer, agent, or employee to act on behalf of the firearm dealer within five working days after the firearm dealer receives notification by certified mail or personal delivery from the Chief or his designee, that such officer, agent or employee has violated any offenses in this section.

Firearms dealers shall have their places of business open to Police Department inspection during all hours of operations. Firearm dealers shall maintain all Firearms records and documents, firearms and storage places in a manner and place accessible for inspection by Police Department personnel.

A firearms dealer permit may be issued only to a specific person to conduct business as a dealer at a specific location and at gun shows in accordance with California Penal Code section 12071. It is unlawful for any person to transfer a firearm dealer permit to another person or from one location to another without prior written approval of the Chief of Police. Any attempted transfer shall be ineffective.

The firearm dealer business may be carried on only in the location designated in the permit. Only one firearm dealer permit may be issued per location.

The firearm dealer permit or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can be easily read.

Whenever the Chief of Police or his designee refuses to issue a license, refuses to renew a license or revokes a license, such decision is final unless the applicant or licensee, as the case might be, notices an appeal therefrom and requests a review thereof before the City Council. Such notice and request shall be in writing and filed with the City Clerk within ten days after the Chief of Police of his designee refuses to issue the license, refuses to renew the license, or revokes the license. Upon receipt of said notice, the City Clerk shall cause the matter to come before the City Council at its next regular meeting, which is held after the expiration of ten days from the date of notice of appeal, is filed. The City Council shall thereupon review the sufficiency of the reasons of the Chief of Police or his designee for the action being appealed. The Council shall hear the applicant or licensee, as the case may be, and consider all relevant evidence. After said review is completed, the Council shall issue its decision within thirty days thereof. Said decision shall be final.

Any act or omission by a firearms dealer or any other person which constitutes a violation of Part 4, Title II, Chapter 1, Article 4 (commencing with Section 12070) of the California Penal Code shall constitute a violation of this chapter.