Grass Valley Municipal Code Ch. 5.48 Licensing of Firearms Dealers

The city pursuant to California Penal Code Section 12072 is required to establish a procedure for the permitting of licensees to sell firearms at retail within the city.

(Ord. 493 § 1 (part), 1992)

An applicant for a permit under this chapter shall file with the chief of police a sworn application in writing, on a form to be furnished by the city. The applicant shall provide all information requested, including 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 a nonrefundable fee in an amount as established by Resolution of the city council.

(Ord. 493 § 1 (part), 1992)

The chief of police shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The chief of police may require additional information of an applicant which he or she deems necessary to complete the investigation.

(Ord. 493 § 1 (part), 1992)

The chief of police may issue a permit unless he or she finds:

A. The applicant, or an officer, employee or agent thereof is under the age of twenty-one years.

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

C. The applicant, or an officer, employee or agent thereof has had a similar type permit previously revoked or denied for good cause within the immediately preceding year.

D. The applicant, or an officer, employee or agent thereof has knowingly made any false or misleading statement of a material fact or omission of a material fact in the application for a permit.

E. The applicant, or an officer, employee or agent thereof has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee or agent thereof from owning or possessing a firearm under applicable federal, state and local laws.

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

3. Any offense involving the use of force or violence upon the person of another.

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

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

F. The applicant, or an officer, employee or agent thereof is an unlawful user of any controlled substance as defined by the California Health and Safely Code 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 concealable firearms.

G. The applicant, or an officer, employee, or agent thereof 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 concealable firearms.

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

I. The business as proposed will be operated in the following locations:

a. Within a zoning district in which retail service is not a permitted or conditional use.

b. Within a zoning district in which residential use is the principal permitted or maintained use, or within two-hundred fifty feet of the exterior limits of any such district.

c. On or within two-hundred fifty feet of the exterior limits of any other premises occupied by a public or private day care center or day care home, elementary school, junior high school or high school.

d. On or within five hundred feet of the exterior limits of any other premises occupied by a dealer in concealable firearms, a cardroom, a massage establishment, or a hot tub/sauna establishment. Priority between such existing establishments shall be assigned in accordance with the dates upon which such establishments commenced such lawful operation, priority being given to the establishment having the earliest of such dates. In the event any dispute arises regarding said date, the applicant shall have the obligation to establish the date on which he or she commenced lawful operation.

2. All distances referred to in this subsection shall be measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved, except that when a dealer in concealable firearms subject to the provisions of this chapter occupies one unit of a multiunit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied. This subsection shall supersede any and all conflicting provisions regulating home occupations set out in the Grass Valley Zoning Ordinance No. 69 N.S. as amended.

J. The applicant, or an officer, employee or agent thereof does not have, and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted.

(Ord. 493 § 1 (part), 1992)

All permits issued pursuant to this chapter shall be in the form prescribed by the attorney general of the State of California.

(Ord. 493 § 1 (part), 1992)

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such permits may be renewed by the chief of police for additional periods of one year upon the permittee's submission of an application for renewal to the chief of police. Such renewal application must be received by the chief of police, in completed form, no later than forty-five days prior to the expiration of the current permit and must be accompanied by a nonrefundable fee in an amount established by the city council.

(Ord. 493 § 1 (part), 1992)

The assignment or attempt to assign 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. 493 § 1 (part), 1992)

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:

A. The business shall be carried on only in the building designated in the permit.

B. The permit or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can easily be seen.

C. No firearm shall be delivered:

1. Within ten days of the application to purchase, or, after notice by the Department of Justice (DOJ) pursuant to subdivision (d) of California Penal Code Section 12076, within ten days of the submission to the department of any correction to the application, or within ten days of the submission to the department of any fee required pursuant to subdivision (e) of Section 12076 of the California Penal Code, whichever is later.

2. Unless unloaded and securely wrapped or unloaded and in a locked container.

3. Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of his or her identity and age to the dealer. As used in this chapter, "clear evidence of his or her identity and age" includes, but is not limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card, an employment identification card which contains the bearer's signature and photograph, or any similar documentation which provides the seller reasonable assurance of the identity and age of the purchaser.

4. Whenever the dealer is notified by the DOJ that the person is in a prohibited class described in Penal Code Section 12021 or 12021.1 or Section 8100 or 8103 of the Welfare and Institutions Code.

D. No pistol, revolver, or other firearm or imitation thereof capable of being concealed upon the person, 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.

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

F. The licensee shall comply with Penal Code Sections 12073 and 12077 and Section 12072(a) and (b), and subdivision (a) of Section 12316.

G. The licensee shall post conspicuously within the licensed premises the following warnings in block letters not less than one inch in height:

1. IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON.

2. IF YOU KEEP A LOADED FIREARM, OR A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 16 GAINS ACCESS TO THE FIREARM, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING.

3. DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE.

4. FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM WITHIN THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM.

5. NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30 DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON WITHIN ANY 30 DAY PERIOD.

H. The licensee shall comply with all Federal guidelines outlined in Penal Code Section 12071.

(Ord. 597 § 1, 2002: Ord. 493 § 1 (part), 1992)

A. 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 attorney deems proper, executed by an insurance company approved by the city attorney 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 advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any pistol, revolver, or other firearm capable of being concealed upon the person. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death of or injury to any one person; provided, however, that additional amounts may be required by the city attorney if deemed necessary.

B. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the city, address in care of the Chief of Police, 125 E. Main Street, Grass Valley, California 95945, at least thirty days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the city, its officers, agents and employees as additional insureds. Additionally, applicants and permittees shall indemnify, defend and hold harmless the city, its officers, agents and employees from claims arising from the negligence of the applicant or permittee.

(Ord. 493 § 1 (part), 1992)

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 or health regulations, or provisions of this chapter. A warrant shall be obtained whenever required by law.

(Ord. 493 § 1 (part), 1992)

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

A. 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, or by a person who liquidates a personal firearm collection to satisfy a court judgment.

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

C. 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.

D. The infrequent sale, lease or transfer of firearms. "Infrequent sale" means pistols, revolvers, or other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" can mean a single sale, lease or transfer of any number of pistols, revolvers or other firearms capable of being concealed upon the person, an occasional transaction or one without regularity.

E. The sale, lease, or transfer of used firearms.

(Ord. 493 § 1 (part), 1992)

Any person engaging in the business of selling, transferring, or leasing or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer or lease, any pistol, revolver or other firearm capable of being concealed upon the person on the effective date of the ordinance codified in this chapter shall have a period of sixty days after such effective date to comply with the provisions of this chapter.

(Ord. 493 § 1 (part), 1992)