La Puente Municipal Code Ch. 5.32 Gun Dealers

Sections:

• 5.32.010 Permit required.

• 5.32.020 Definitions.

• 5.32.030 Additional information required for application.

• 5.32.040 Permit granted subject to specific conditions.

• 5.32.050 Additional criteria for issuance or denial of permit.

• 5.32.060 Operating requirements.

• 5.32.070 Compliance by existing dealers.

• 5.32.080 Officers, employees and agents of gun dealers defined.

• 5.32.090 Additional grounds for modification, revocation or suspension.

• 5.32.110 Penalty.

* Prior ordinance history: Ords. 674 and 698.

No person shall engage in conduct or carry on the business of a gun dealer without a permit issued under the provisions of Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 12 (part), 1999)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless it is plainly evident from the context that a different meaning is intended:

“Ammunition” means any cartridge or encasement, bullet or projectile, primer or propellant or explosive material which is used in the operation of firearm.

“Firearm” includes, but is not limited to, any pistol, revolver, rifle, shotgun or any other device, designed to be used as a weapon or modified to be used as a weapon, that expels a bullet or projectile by the force of explosion of the form of combustion.

“Gun dealer” means any person who sells or otherwise transfers to the public any firearm, including any person required by Section 12070(a) of the California Penal Code to obtain a permit under California Penal Code Section 12071. “Gun dealer” also includes any person who purchases, takes in trade or accepts on consignment from the public any firearm.

“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

(Ord. 788 § 12 (part), 1999)

In addition to the information required pursuant to Section 5.08.030(a) of this title, an applicant for a permit to operate as a gun dealer shall furnish evidence that the applicant owns, leases or legally occupies a fixed place of business.

(Ord. 788 § 12 (part), 1999)

If a permit is granted under this chapter, it shall be subject to the conditions set forth in Penal Code Section 12071 as well as any conditions imposed pursuant to the provisions of Sections 5.08.120 of this title and 5.32.060 of this chapter.

(Ord. 788 § 12 (part), 1999)

The director shall grant the permit only if he or she finds that there is no reason to deny the permit under Section 5.08.060(b) of this title and that all of the following requirements have been met:

(a) The gun dealer, and all officers, employees, and agents of the gun dealer are at least twenty-one years of age;

(b) Neither the gun dealer, nor any officer, employee, or agent of the gun dealer, has had a similar type of permit previously revoked or denied within the immediately preceding two years;

(c) Neither the gun dealer, nor any officer, employee, or agent of the gun dealer, has been convicted of:

(1) Any offense disqualifying said individual from owning or possessing a firearm under applicable federal, state, or 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, or

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

(d) The gun dealer has a fixed place of business where all permitted activities will be conducted and where all firearms and ammunition will be stored. Under no circumstance may the address of the fixed place of business be either a United States Post Office box or a private commercial mailbox. The permit shall specify the street address of said fixed place of business;

(e) The gun dealer’s fixed place of business is not located in any area or district that is zoned for residential use; and

(f) The gun dealer agrees to indemnify, defend and hold harmless the city of La Puente, its officers, agents and employees, from claims arising from the negligent or intentional acts of said gun dealer.

(Ord. 788 § 12 (part), 1999)

(a) Records and Reporting Requirement. In addition to properly maintaining all records and documents required by state and federal laws, a gun dealer, upon purchasing, taking in trade or accepting on consignment from the public any firearm of any type, shall comply with buy-form requirements as enumerated in Part 7 of Chapter 7.76, beginning with Section 7.76.310 of the Los Angeles County Code. A gun dealer shall also be required to report every sale, lease, or other transfer of a firearm to the Los Angeles County sheriff’s department on a form prescribed by the sheriff.

(b) Inspection. Upon the request of any designated representative of the Los Angeles County sheriff’s department or any peace officer, a gun dealer shall:

(1) Furnish all records pertaining to the gun dealer’s transactions including, but not limited to, all records required to be maintained by law; and

(2) Permit an inspection of those portions of the permitted premises where the firearms and firearm accessories are located.

(c) Security Requirements. The gun dealer shall comply with all security requirements imposed by state law.

(d) Continuing Compliance. The gun dealer shall continue to comply with all the criteria for issuance of the original permit which are required by this chapter.

(Ord. 788 § 12 (part), 1999)

Any gun dealer permitted to engage in the sale of firearms prior to the effective date of this chapter shall, within ninety days after said effective date, comply with the provisions of these amendments.

(Ord. 788 § 12 (part), 1999)

Any reference in this chapter to an officer, employee or agent of a gun dealer shall apply only to those persons who directly participate in firearm sale transactions or who have access or control of the firearms.

(Ord. 788 § 12 (part), 1999)

In addition to the grounds set forth in Section 5.08.110 of this title, a permit authorizing a person to engage in, conduct or carry on the business of a gun dealer shall be revoked or suspended by the city if the permittee fails to comply with the requirements of this chapter.

(Ord. 788 § 12 (part), 1999)

Any gun dealer violating the provisions of this chapter is guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars, or imprisonment for a term not to exceed six months, or both. This penalty is in addition to all other penalties provided by law, and the immediate revocation of the gun dealer’s permit granted pursuant to this chapter.

(Ord. 789 § 2, 1999; Ord. 788 § 12 (part), 1999)