Fresno County Municipal Code Ch. 6.38 Licenses to Sell Firearms

Footnotes:

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Editor's note— Ordinance No. 31-021, § 3, adopted Oct. 22, 2013, changed the title of Chapter 6.38 from "Licenses to Sell Concealable Firearms" to "Licenses to Sell Firearms."

It is unlawful for any person to engage in the business of selling, leasing, or transferring firearms at retail, without first having obtained a license therefor as provided in this chapter.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 615, § 1, 1980)

The provisions of this chapter shall not apply to any of the following:

A. The infrequent sale, lease, or transfer, of firearms. As used in this section, "infrequent" has the meaning provided in Section 16730 of the California Penal Code.

B. A person acting pursuant to operation of law, court order, or the Enforcement of Judgments Law (Code of Civil Procedure, Part 2, Title 9, beginning with Section 680.010).

C. A person who liquidates a personal firearm collection to satisfy a court judgment.

D. Any activity exempted under the Penal Code, Part 6, Title 4, Division 6, Chapter 1, Article 1 (beginning with Section 26500) from the license requirement for the sale, lease, or transfer of firearms.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 615, § 1, 1980)

For purposes of this chapter, the license collector of the county is the sheriff.

(Ord. No. 13-021, § 3, 10-22-2013)

Applications for licenses under this chapter shall be made in writing and filed with the license collector. Each application shall be accompanied by a fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs. Said fee shall be to defray the cost to the county of processing the application. The application shall contain the name of the applicant, the persons interested in the business, and the business address. The application shall be accompanied by copies of the applicant's valid federal firearms license, valid seller's permit issued by the state board of equalization, and certificate of eligibility from the department of justice. The license collector shall not accept for processing any application that is not accompanied by those documents. The application shall be immediately referred to the department of public works and planning. The director of public works and planning shall report to the license collector whether or not the proposed place of business is appropriately zoned for the proposed use.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 89-006, § 8; Ord. 615, § 1, 1980)

The license collector shall, upon receiving the application and report thereon from the department of public works and planning, issue the license if the report is favorable thereto. The license shall be in the form prescribed by the attorney general. If the finding of the public works department is adverse to the issuance of the license, the license collector shall refuse to issue the license and shall so notify the applicant. In any case, the license collector shall inform applicants who are denied licenses of the reasons for the denial in writing. In the event of such refusal, the applicant may, within ten days after notification of such refusal appeal to the board whose decision thereon shall be final. No license shall be issued by the license collector until the license fee required for the particular license has been paid.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 615, § 1, 1980)

The license fee for a license under this chapter shall be as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 89-006, § 8; Ord. 615, § 1, 1980)

All licenses under this chapter shall be issued to expire on June thirtieth; provided, that no license shall be issued to expire more than one year from the date of issuance. When a license is issued during any licensing period, the license collector shall prorate the license fee as of the fit of the month nearest to the date of issuance.

(Ord. 615, § 1, 1980)

Every person issued a license pursuant to the provisions of this chapter shall comply with the provisions of the California Penal Code, Part 6, Title 4, Division 6 (commencing with Section 26500), "Sale, Lease, or Transfer of Firearms."

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 615, § 1, 1980)

The board may suspend for a limited period of time or revoke any license issued pursuant to this chapter upon finding that the licensed person has done any of the following:

A. Made any misrepresentation on the application;

B. Violated any provision of this chapter; or

C. Breached any of the prohibitions or requirements of Penal Code, Part 6, Title 4, Division 6, Chapter 2, Article 1 (beginning with Section 26700), except those stated in Subdivision (c) of Section 26890, Subdivision (d) of Section 26890, and Subdivision (b) of Section 26900.

(Ord. No. 13-021, § 3, 10-22-2013; Ord. 615, § 1, 1980)

Upon the expiration of any license issued pursuant to this chapter, the same may be renewed pursuant to the provisions of Section 6.04.104; provided, that the same penalty shall apply if not renewed and the fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs paid prior to expiration.

(Ord. 89-006, § 8; Ord. 615, § 1, 1980)

Each license issued under this chapter shall be issued to a specific person and location and shall in no event be transferable from one person or location to another.

(Ord. 615, § 1, 1980)