Los Angeles Municipal Code § 103.314 Sellers of Firearms

(Amended by Ord. No. 170,212, Eff. 2/5/95.)

(a) Definitions.

1. “Firearm” means any pistol, revolver, rifle, shotgun or other device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or any other form of

combustion, or any device which is capable of being altered so as to expel a projectile in such manner.

2. “Firearms Dealer” means any person engaged in the business of selling, transferring or leasing at retail, advertising for sale, transfer or lease at retail or offering or exposing for sale, transfer or lease at retail,

any firearm.

3. “Residential Neighborhood” means any district of the City zoned for residential use or, if not so zoned, any street segment bounded by intersecting streets wherein over fifty percent of the buildings on that

street segment are used for residential purposes.

(b) Presumption. For the purposes of this section there shall be a presumption that any person who has been issued a valid Federal firearms license has acquired such license with an intent to engage in the sale of firearms.

(c) Permit Required. No person shall engage in, manage, conduct or carry on the business of a firearms dealer without a written permit from the “Board.”

(d) Fixed location. Each permittee must have a fixed place of business. Sales of firearms may be made only at said fixed location.

(e) Overlapping Business. If any person engages in, conducts, manages or carries on at the same time more than one business requiring police permits, such person shall comply with all of the provisions affecting each business.

(f) Condition of Issuance. No permit or renewal permit shall be issued unless:

1. The applicant has a valid Federal firearms license, a valid seller’s permit issued by the State of California Board of Equalization and a certificate of eligibility as described in Section 12071 of the Penal Code of the State of California;

2. The applicant has obtained all other required permits for the operation of the business as proposed and has complied with all other applicable laws;

3. The applicant provides evidence of a possessory interest such as owner, lessee or renter, in the property at which the business is proposed to be conducted;

4. The proposed location of the business is other than in a residential neighborhood;

5. The applicant has obtained a policy of insurance as provided in Subdivision (g).

6. The applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from claims arising from the negligence of the applicant or permittee; and

7. The applicant has been provided and has read copies of Municipal Code Section 103.314 and the Police Commission Board Rules relating to that section.

(g) Insurance Requirements. The permittee shall maintain in full force and effect a policy of insurance on file with the City Attorney. Such policy shall be executed by an insurance company admitted to do business in this state, and shall be in a form that the City deems proper. It shall insure the applicant or permittee against liability for damage to property and for injury to or the death of any person as a result of the sale, transfer or lease, or the advertising for sale, transfer or lease, or the offering or exposing for sale, transfer or lease, of any firearm. The policy shall also name the City and its officers, agents and employees as additional insureds. The minimum liability limit 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. Provided, however, that additional amounts may be required by the City if deemed necessary.

Such policy of insurance shall contain an endorsement providing that the policy will be continuous until canceled by a 30-day written notice sent by registered mail to the City Attorney 30 days in advance of the cancellation date. Prior to cancellation of any such policy, permittee shall secure equivalent insurance. Failure to so do is grounds for revocation of the permit.

(h) Denial of Permit. Any applicant who is denied a permit shall be informed of the reasons for denial.

(i) Permit Valid for Issuance. When issued the permit shall state on its face “Valid for Retail Sale of Firearms.”

(j) Consent to Inspection. The acceptance of a permit to engage in the business of a firearms dealer constitutes consent to inspection of the books, records and business premises in the manner set forth in Section

103.14 of this Code.

(k) Permit Assignment. The assignment or attempted assignment of any permit issued pursuant to this section, otherwise than in connection with a change of ownership as provided in Section 103.08, is unlawful and any such assignment or attempted assignment shall render the permit null and void.

(l) Permittee Responsible For The Conduct Of Business. No firearms or ammunition shall be sold or leased or offered for sale or lease or advertised for sale or lease by the permittee, nor shall the permittee otherwise conduct its business, in violation of the Penal Code of the State of California, this section or any other applicable law.

(m) Sale of Saturday Night Specials Prohibited. (New Subsec. (m) Added by Ord. No. 171,268, Eff. 10/6/96.)

1. Definition. Except as provided in Subdivision 2 of this subsection, the term “Saturday Night Special” shall mean any of the following:

   (i) A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or

   slide that is not completely fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength;

   (ii) 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 purpose of this subdivision, “semi-automatic pistol” shall mean a firearm, as defined in California Penal Code Section 12001(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.

(iii) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California Penal Code Section 12001(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 nondetachable safety guard surrounding the trigger; or

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

(e) for purpose of this subdivision, “action mechanism” shall mean the mechanism of a firearm by which it is loaded, locked, fired and unloaded.

2. EXCLUSIONS: The term “Saturday Night Special” does not include any of the following;

(i) 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

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

(iii) Children’s pop guns or toys; or

(iv) An “unconventional pistol” as defined in California Penal Code Section 12020(c)(12); or

(v) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no longer classified as a “Saturday Night Special”.

3. Roster of Saturday Night Specials. Within 30 days after the effective date of this Subsection, the Chief of Police shall compile, publish and distribute to dealers licensed under this section to sell guns at retail, a roster of Saturday Night Specials which shall list those firearms, by manufacturer and model number, which the Chief determines satisfy the definition of “Saturday Night Specials” set forth in this subsection.

   4. Publication. The Chief shall publish the roster of Saturday Night Specials on a semiannual basis and shall send a copy of the roster to every dealer licensed under the provisions of this section.

   5. Sale Prohibited. No firearms dealer licensed to sell firearms under this section shall sell, offer or display for sale, give, lend or transfer ownership of, any firearm listed on the roster of Saturday Night Specials

   received by the licensee. This section shall prohibit a licensee from processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the Penal Code of the State of California. (Amended by Ord. No. 171,758, Eff. 11/23/97.)

   6. Exemptions: Nothing in this section shall prohibit the disposition of any Saturday Night Special by police departments, sheriff’s offices, marshall’s offices, the California Highway Patrol, other local, state

   and federal law enforcement agencies, or the military and naval forces of this state or the United States for use in the discharge of their official duties; nor shall anything in this section prohibit the use of any Saturday Night Special by regular, salaried, full- time officers, employees or agents thereof when on duty and the use of such firearms is within the scope of their duties.

(n) Conditions of Employment by Permittee. (Amended by Ord. No. 180,451, Eff. 2/7/09.)

1. No officer, employee or agent of the permittee, hereinafter referred to collectively as “employee”, who will have access to and control of firearms or ammunitions shall:

   (i) be under twenty-one years of age;

   (ii) have had a Federal firearms license revoked or denied within the last year;

   (iii) be prohibited by law from owning, possessing or having custody or control of any firearm as defined in such law;

   (iv) have been convicted of any firearms related offense within the last five years.

2. Prior to employment, all prospective employees of the permittee shall make application to the Board for employment authorization and shall submit all required information and fees, together with fingerprints as required by Section 103.02.1 of this Code, to the Board. The applicant for employment shall be advised by the Board as to the approval of the application as soon as processing has been completed. No applicant for employment may be hired until and unless the application for employment has been approved by the Board. This provision shall also apply to any employee in the employment of the permittee who has access to and control of firearms or ammunition at the time the provision becomes effective, and such an employee must also submit an application to the Board. An employee in the employment of the permittee at the time this provision becomes effective who does not meet all of the above conditions must be released from employment within ninety days after notification to the permittee that the employee has failed to meet all of the above conditions.

(o) Trigger Locks. (New Subsec. (o) Added by Ord. No. 171,758, Eff. 11/23/97.) A trigger lock is a device which is designed to prevent the firearm from functioning and which is locked by a padlock, key lock, combination lock, or a similar locking device, that is reusable, and, when applied to the weapon, renders the weapon inoperable. The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing a trigger lock with each such firearm sold, leased or otherwise transferred. In the event trigger locks are not manufactured for a particular firearm, the requirement is satisfied by selling a similar device designed to prevent the unintentional discharge of firearms.

(p) Rules For The Protection Of Firearms. (Subsec. (n) Redesignated as (p) by Ord. No. 171,758, Eff. 11/23/97.) The Board shall adopt and enforce by rules and regulations security requirements consistent with State law for the protection from theft of firearms and ammunition sold and maintained by any permittee. Such rules may require that any permittee provide burglar alarms systems, separate storage areas for ammunition and other measures designed to prevent the theft of such merchandise from the premises of the permittee.

(q) Warning Regarding Dangers of Firearms in the Home. (New Subsec. (q) Added by Ord. No. 178,996, Eff. 9/3/07.) Within 30 days after the effective date of this subsection, the permittee shall do the following:

1. Post conspicuously within the premises the following warning in block letters not less than one inch in height:

WARNING: THE CITY OF LOS ANGELES HAS DETERMINED THAT GUNS IN THE HOME ARE MUCH MORE LIKELY TO BE USED TO KILL OR INJURE A HOUSEHOLD MEMBER THAN TO PROTECT AGAINST AN ATTACKER. IT IS SAFEST NOT TO KEEP A GUN IN THE HOME. IF A GUN IS KEPT IN THE HOME, IT SHOULD BE KEPT UNLOADED AND SECURELY LOCKED AND AMMUNITION SHOULD BE LOCKED SEPARATELY.

2. Provide all firearm purchasers with a bill of sale for the purchase of the firearm(s), which includes the warning language required in Subdivision 1. of this subsection.

(r) Physical Inventory Inspections. (New Subsec. (r) Added by Ord. No. 180,451, Eff. 2/7/09.) Within the first five business days of April and October of each year, permittees shall cause a physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial number. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13). Permittees shall maintain a copy of the inventory on the premises for which the license was issued. Immediately upon completion of the inventory, permittees shall forward a copy of the inventory to the address specified by the Board, by such means as specified by the Board. With each copy of the inventory, permittees shall include an affidavit signed by the permittee (or, if the permittee is not a natural person, by an officer, general manager, or other principal of the permittee) stating under penalty of perjury that within the first five business days of that April or October, as the case may be, the signer personally confirmed the presence of the firearms and all other information reported on the inventory.

(s) Revocation of Permit. (Subsec. (r) Redesignated as (s) by Ord. No. 180,451, Eff. 2/7/09.) In addition to any other grounds for revocation of a permit, such permit shall be revoked if permittee’s Federal firearms license is revoked or expires.

(t) (Subsec. (s) Redesignated as (t) by Ord. No. 180,451, Eff. 2/7/09.) If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions, which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.

(Added by Ord. No. 180,447, Eff. 2/2/09, Oper. 6/18/09.)

(a) Definitions.

1. “Board” means the Board of Police Commissioners.

2. “Firearm Ammunition” means any self- contained unit consisting of the case, primer, propellant charge, and projectile for use in pistols, revolvers, rifles, shot guns, or any other device designed to be used as a weapon from which is expelled a projectile by the force of explosion or other form of combustion. “Firearm Ammunition” shall not include blank ammunition used solely in the course of motion picture, television, video, or theatrical productions.

3. “Residential Neighborhood” means any district of the City zoned for residential use or, if not so zoned, any street segment bounded by intersecting streets wherein over fifty percent of the buildings on that street segment are used for residential purposes.

4. “Vendor” means any person who is engaged in the retail sale of firearm ammunition.

(b) Permit required. No person shall engage in, manage, conduct, or carry on the business of the sales of firearm ammunition without a written permit from the Board.

(c) Fixed location. Each vendor must have a fixed place of business. Sales of ammunition may be made only at said fixed location.

(d) Overlapping Business. If any person engages in, conducts, manages or carries on at the same time more than one business requiring police permits, such person shall comply with all of the provisions affecting each business.

(e) Condition of Issuance. No permit or renewal permit for the sale of Firearm Ammunition shall be issued unless:

1. The applicant has obtained all other required permits for the operation of the business as proposed and has complied with all other applicable laws;

2. The applicant provides evidence of a possessory interest such as owner, lessee or renter, in the property at which the business is proposed to be conducted;

3. The proposed location of the business is in other than a residential neighborhood;

4. The applicant has obtained a policy of insurance as provided in Subdivision (f).

5. The applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from claims arising from the negligence of the applicant or permittee; and

6. The applicant has been provided and has read copies of Municipal Code Section 103.314.1 and the Police Commission Board Rules relating to that section.

(f) Insurance Requirements. The vendor shall maintain in full force and effect a policy of insurance on file with the City Risk Manger. Such policy shall be executed by an insurance company admitted to do business in this state, and shall be in a form that the City deems proper. It shall insure the vendor against liability for damage to property and for injury to or the death of any person as a result of the sale, transfer or lease, or the advertising for sale, transfer or lease, or the offering or exposing for sale, transfer or lease, of any Firearm Ammunition. The policy shall also name the City and its officers, agents and employees as additional insureds. The minimum liability limit 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. Provided, however, that additional amounts may be required by the City if deemed necessary.

Such policy of insurance shall contain an endorsement providing that the policy will be continuous until canceled by a 30-day written notice sent by registered mail to the City Risk Manager 30 days in advance of the cancellation date. Prior to cancellation of any such policy, the vendor shall secure equivalent insurance. Failure to so do is grounds for revocation of the permit.

(g) Denial of Permit. Any applicant who is denied a permit shall be informed of the reasons for denial.

(h) Permit Valid for Issuance. When issued, the permit shall state on its face “Valid for Retail Sale of Firearm Ammunition”.

(i) Consent to Inspection. The acceptance of a permit to engage in the business of a Firearms Ammunition dealer constitutes consent to inspection of the books, records and business premises in the manner set forth in Section 103.14 of this Code.

(j) Permit Assignment. The assignment or attempted assignment of any permit issued pursuant to this section, otherwise than in connection with a change of ownership as provided in Section 103.08, is unlawful and any such assignment or attempted assignment shall render the permit null and void.

(k) Permittee Responsible For The Conduct Of Business. No Firearm Ammunition shall be sold or leased or offered for sale or lease or advertised for sale or lease by the vendor, nor shall the vendor otherwise conduct their business, in violation of the Penal Code of the State of California, this section or any other applicable law.

(l) Conditions of Employment by Permittee. No officer, employee or agent of the vendor, hereinafter referred to collectively as “employee”, who will have access to or control of Firearm Ammunition shall:

(i) be under twenty-one years of age;

(ii) have had a Federal firearms license revoked or denied within the last year;

(iii) be prohibited by law from owning, possessing or having custody or control of any firearm as defined in such law;

(iv) have been convicted of any firearms or ammunition related offense within the last five years.

Prior to employment, all prospective employees of the vendor shall make application to the Board for employment authorization and shall submit all required information, and fees together with fingerprints as required by Section 103.02.1 and 103.12 of this Code, to the Board. The applicant for employment shall be advised by the Board as to approval of the application as soon as processing has been completed. No applicant for employment may be hired until or unless the application for employment has been approved by the Board. This provision shall also apply to any employee in the employment of the vendor who has access to or control of Firearm Ammunition at the time this provision becomes effective, and such an employee must also submit an application to the Board. An employee in the employment of the vendor at the time this provision becomes effective who does not meet all of the above conditions must be released from employment within ninety days after notification to the vendor that the employee has failed to meet all of the above conditions.

(m) Recording of Information. The vendor shall comply with all requirements related to ammunition sales, as set forth in Los Angeles Municipal Code section 55.11.

(n) Penalty. Violation of this section shall constitute a misdemeanor.

(o) Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.