East Palo Alto Municipal Code Ch. 5.28 Firearms Dealers

It is the purpose of the ordinance codified in this chapter to establish, as authorized by state Penal Code Section 12071, a local licensing scheme for persons engaged in the business of selling, transferring, manufacturing or leasing firearms and munitions and in related activities.

(Ord. 160 § 1, 1993)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Engaging in the business" means any person who devotes time, attention and labor to dealing in firearms as a regular course of trade, principal objective of livelihood and profit through the repetitive purchase and resale of firearms.

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

"Firearm ammunition" means any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm.

"Firearm ammunition component" means any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used in the manufacture of ammunition.

"Firearms or munitions dealer" means a person engaged in the business of selling, transferring or leasing of any firearm or munitions pursuant to a Bureau of Alcohol, Tobacco and Firearms License of Types 1, 2, 6, 7, 8, 9, 10 or 11.

"Firearms or munitions manufacturer" means a person engaged in the business of manufacturing firearms or ammunition for the purposes of sale or distribution.

"Munitions" means any projectile or explosive substance for use with any firearm.

"Saturday night special" means any of the following:

1. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 1200(a), which contains a frame, barrel, breech block, cylinder or slide that is not completely fabricated of heat treated carbon steel, forged alloy, or other material of equal or higher tensile strength;

2. A semi-automatic pistol which:

a. Is not originally equipped by the manufacturer with a locked breech action, and

b. Is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute,

c. For purposes of this subsection 2, "semi-automatic pistol" means a firearm, as defined in California Penal Code Section 1200(b), which is designed to be held and fired with one hand, and which does the following upon discharge: (i) fires the cartridge in the chamber, (ii) ejects the fired cartridge case, and (iii) loads a cartridge from the magazine into the chamber. "Semi-automatic pistol" shall not include any assault weapon designated in California Penal Code Section 12276;

3. A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 1200(a), which:

a. Uses an action mechanism which is substantially identical in design to any action mechanism manufactured in or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute, and

b. Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute, and

c. Is not originally equipped by the manufacturer with a safety guard surrounding the trigger, or

d. If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.

"Saturday night special" does not include any of the following:

1. Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7) and (8) of subsection (b) of California Penal Code Section 12020; or

2. Any pistol for which the propelling force is classified as pneumatic; that is, of, related to, compressed air or any other gases not directly produced by combustion; or

3. Children's pop guns or toys; or

4. An "unconventional pistol" as defined in California Penal Code Section 12020(c); or

5. Any pistol which has been modified to either render it permanently inoperable or permanently make it a device no longer classified as a Saturday night special.

(Ord. 208 § 1, 1996; Ord. 160 § 2, 1993)

No person, partnership, cooperative, corporation, firm or association shall engage in the business of operating or managing any business which sells, transfers, leases or offers, advertises for sale, transfers, leases or manufactures any firearm or munition without first obtaining a firearms dealer's permit from the chief of police of the East Palo Alto police department as set forth in this chapter. The permit required by this chapter shall be in addition to any other permits required by law.

(Ord. 160 § 3, 1993)

On or before January 1, 1997 the chief of police shall compile and thereafter maintain a roster of Saturday night specials. The roster shall list those firearms, by manufacturer and model number, which the chief determines to fit the definition of Saturday night special set forth in Section 5.28.020. This roster shall be reviewed annually to determine which firearms should be added or deleted from the roster.

(Ord. 208 § 2, 1996)

The licensee shall not sell, lease or otherwise transfer any Saturday night special.

(Ord. 208 § 3, 1996)

The licensee shall not deliver a firearm to a purchaser, lessee or other transferee unless the firearm is unloaded and securely wrapped or unloaded in a locked container.

(Ord. 208 § 4, 1996)

The licensee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm.

(Ord. 208 § 5, 1996)

Nothing in this chapter relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor to persons who are authorized by the United States federal government for use in the performance of their official duties; nor shall anything in this chapter prohibit the use of any firearm by the above mentioned persons in the performance of their official duties.

(Ord. 208 § 6, 1996)

An application for a permit under this chapter shall be filed with the chief of police under penalty of perjury on a form to be specified by the city. The application shall provide all relevant information to demonstrate the applicant's compliance with this chapter including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of Section 5.28.120 of this chapter. The application shall also include a certification by the city planning department of the city that the applicant's business will not be located in a zoning district in which the operation of a firearms business is prohibited by law. The applicant shall provide all information requested including the proof of compliance with all applicable federal, state and local laws when required by the chief of police, or the application will not be deemed complete. The application shall be accompanied by the fees established by resolution of the city council for administering this chapter.

(Ord. 160 § 4, 1993)

The chief of police may cause to be conducted an investigation to determine whether the application meets all the requirements of federal, state and local laws and may require any and all additional information from an applicant that is deemed necessary to complete the investigation.

(Ord. 160 § 5, 1993)

The chief of police shall give the applicant a written notice of the chief's decision to deny the application. The notice shall set forth the ground or grounds for the chief of police's decision. The chief of police shall deny the issuance of a permit when any of the following conditions exist:

A. The applicant, or any officer, employee or agent thereof who will have access and control over firearms, is under twenty-one (21) years of age.

B. The applicant is not licensed as required by all applicable federal, state and local laws.

C. The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has had a permit previously revoked or denied for good cause within the immediate preceding two years for failure to operate its business in compliance with the requirements of federal, state, or local law, including any conditions imposed by such laws.

D. The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has made a false or misleading statement of a material fact or an omission of a material fact in the application for a permit.

E. The applicant, or any officer, employee or agency thereof who will have access over firearms, has been convicted of the following:

1. Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable federal, state and local laws;

2. Any offense related to the manufacture, sale, possession or registration of any firearm or dangerous or deadly weapon;

3. Any offense related to the manufacture, sale, possession or registration of any firearm or dangerous or deadly weapon;

4. Any offense involving theft, fraud, dishonesty or deceit;

5. Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the California Health and Safety Code Section 11007 as the definition now reads or may hereafter be amended to read.

F. The applicant, or any officer, employee or agent thereof who will have access and control over firearms, is an unlawful user of any controlled substance as defined by the California Health and Safety Code Section 11007 as the definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use would impair his or her fitness to be a dealer in firearms.

G. The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which would impair his or her fitness to be a dealer in firearms.

H. The operation of the business as proposed will not comply with all applicable federal, state and local laws.

I. The applicant, or any officer, employee or agent thereof proposes to operate the business in a location that is within one thousand (1,000) feet of a school or where such a business is prohibited by the city zoning ordinance.

J. The applicant, or any officer, employee or agent thereof, is not the owner of record of the real property at which the business is to be conducted, nor has a lease, license, or other entitlement to operate such business at such location and the written consent of the owner of record of such real property.

K. The premises at which such business is to be operated does not contain the security measures required by Section 5.28.120 of this chapter.

L. Any other grounds for denial that exist as specified in the East Palo Alto Municipal Code.

(Ord. 160 § 6, 1993)

Any business required to be licensed pursuant to this chapter shall adhere to security measures as required by the chief of police. Security measures shall include, but not be limited to, the following:

A. The provision of secure locks, windows, and doors, adequate lighting, and such fire and theft alarms as specified by the chief of police;

B. The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others.

(Ord. 160 § 7, 1993)

Any permit issued pursuant to this chapter shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the chief of police and denial of any application to renew a permit or to obtain a future permit:

A. The business shall be carried on only in the building located at the street address shown on the city permit. This will prohibit any satellite sales locations including sales from the street and or vehicles.

B. The permittee shall observe all federal, state and local constraint on the operation of the permitted business including but not limited to California Penal Code Sections 12072(b), 12073, 12074, 12077 and 12082, to the extent that the provisions remain in effect.

C. The premises shall not be licensed to serve alcohol by the California Department of Alcoholic Beverage Control.

D. The primary nature of the business and any related business at the same location shall not be directed towards juvenile patrons.

E. The permittee shall keep complete and current records of all firearms transactions. In addition to the requirements in California Penal Code Sections 12073, 12076 and 12077, permittee must also keep a complete current inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is necessary or helpful in tracking the weapon.

F. Whenever prospective purchasers of firearms or supplies therefore conduct themselves in a manner which would lead a reasonable person to conclude that the purchasers may be intending to use the firearms to harm themselves or others, the permittee, or any officer, employee or agent thereof who will have access and control over firearms, shall inquire further into the reasons for such purchases. If the inquiry provides evidence which would confirm to a reasonable person, under similar circumstances, that the purchasers intend to use the firearms to harm themselves or others, the permittee, officer, agent or employee thereof shall decline to sell such prospective purchasers the firearms or supplies therefor.

G. The permittee consents to the city's inspection of the business premises and records in order for the city to establish continued compliance with the terms of the permit.

H. The permit shall not become effective until the permittee has obtained all other permits required by federal, state or local law, namely:

1. Federal Firearms License (obtained through the Bureau of Alcohol, Tobacco and Firearms);

2. Certificate of Eligibility (obtained through the California Department of Justice);

3. State Seller's Permit (obtained through the California State Board of Equalization); and

4. East Palo Alto zoning permit.

(Ord. 160 § 8, 1993)

All permits issued pursuant to this chapter shall expire one year after the date of issuance or automatically upon revocation or expiration of permittee's Federal Firearms License, whichever is earlier. Such permit may be renewed by the chief of police for additional periods of one year upon the approval of an application for renewal by the chief of police and payment of the renewal fee established by city council resolution. A completed application for renewal shall be submitted to the chief of police at least forty-five (45) days prior to the expiration of the current permit or else the permit shall expire at the expiration of its term. If the application is submitted in a timely manner, the permit to operate shall continue in effect until two weeks after the chief of police mails written notice to the applicant denying renewal. The city permit shall be granted conditionally upon the applicant providing proof of a valid Federal Firearms License; the permit will not become effective until applicant shows proof of compliance with all applicable federal, state, county and city regulatory laws.

(Ord. 160 § 9, 1993)

The assignment or attempt to assign to any other person, any permit issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

(Ord. 160 § 10, 1993)

In addition to any other basis for revocation set forth in this chapter, any circumstances constituting grounds for denial shall also constitute grounds for revocation. Such revocation shall only occur after notice and an opportunity to respond in writing to the intention to revoke and written notice of revocation.

(Ord. 160 § 11, 1993)

No permit shall be issued or continued pursuant to this chapter unless there is in full force and effect a policy of insurance in such form as the city deems proper, executed by an insurance company approved by the city whereby the applicant or permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer, or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum liability limits shall not be less than one million dollars ($1,000,000.00) for damage to or destruction of property in any one incident, and one million dollars ($1,000,000.00) for the death or injury to any one person. Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until notice in writing has been given to the city, addressed in care of the Chief of Police, 2415 University Avenue, East Palo Alto, CA 94303, at least thirty (30) days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this chapter, the permit shall be deemed cancelled without further notice or opportunity to be heard.

(Ord. 160 § 12, 1993)

Any and all investigating officials of the city shall have the right to enter the building designated in the permit from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing and health regulations, as well as the provisions of this chapter. A law enforcement officer may conduct compliance inspections to ensure conformance with all federal, state and local laws, and the provisions of this chapter.

(Ord. 160 § 13, 1993)

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, leasing, or manufacturing, or offering or exposing for sale, transfer, lease or manufacture, any firearms on the effective date of the ordinance codified in this chapter shall have a period of sixty (60) days after such effective date to comply with the provisions of this chapter. Nothing in this section shall, however, require the city to delay enforcement of any other provision of law.

(Ord. 160 § 14, 1993)

Any person who conducts a business in violation of this chapter shall be guilty of a misdemeanor. In addition to any criminal penalties, any person who conducts a business in violation of this chapter shall be subject to a civil penalty of up to one thousand dollars ($1,000.00).

(Ord. 160 § 15, 1993)