Marin County Municipal Code Ch. 6.58 Regulation of Firearms Dealers

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other means of combustion.

(Ord. 3306 § 1 (part), 1999)

"Firearm dealer" and "licensee," as used in this section, means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).

(Ord. 3306 § 1 (part), 1999)

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the sheriff or his/her designee.

(Ord. 3306 § 1 (part), 1999)

(a) An applicant for a permit or renewal of a permit under this chapter shall file with the sheriff an application in writing, signed under penalty of perjury, on a form prescribed by the county. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including:

(1) The name including any aliases or prior names, age and address of the applicant;

(2) The applicant's Federal Firearms License and California Firearms Dealer numbers;

(3) The address of the proposed location for which the permit is required, together with the business name, and the name of any corporation, partnership, or association that has any ownership in, or control over, the business, if any;

(4) The names, ages and addresses of:

(A) All persons who will have access to or control of workplace firearms, including but not limited to, the applicant's employees, agents and/or supervisors, if any;

(5) Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property;

(6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions, as outlined in Section 6.58.040 of this chapter;

(7) Proof of compliance with county zoning requirements at the proposed location by presentation of a zoning clearance letter from the director of the community development agency of the county of Marin or his designee. The community development agency may adopt an appropriate fee to implement this requirement;

(8) Proof of compliance with all federal and state licensing laws;

(9) Information relating to every license or permit to sell, lease, transfer, purchase or possess firearms which were sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of each application and whether it resulted in the issuance of a license; and the date and circumstances of any revocation or suspension;

(10) Applicant's agreement to indemnify, defend and hold harmless the county, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any manner out of the applicant's negligence or intentional or willful misconduct;

(11) Certification of satisfaction of insurance requirements; and

(12) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.

(b) The application shall be accompanied by a nonrefundable fee of twenty-five dollars for administering this chapter. The fee may be increased by resolution of the board of supervisors upon evidence of the actual cost of administering the application. This board specifically finds that the twenty-five dollar fee is reasonable and proper for administering this chapter and, in fact, represents a fraction of the cost that will be incurred by the sheriff in processing the application.

(Ord. 3306 § 1 (part), 1999)

The sheriff shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The sheriff shall require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the sheriff, and any other additional information which the sheriff considers necessary to complete the investigation.

(Ord. 3306 § 1 (part), 1999)

In addition to other requirements and conditions of this chapter, a permit by the sheriff is subject to the following conditions, the breach of, any of which is sufficient cause for revocation of the permit by the sheriff:

(a) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event that is authorized by federal, state and local law upon compliance with that law and upon compliance with any Marin County ordinance regulating the permissible locations of gun shows;

(b) The sheriff's permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily seen;

(c) The applicant shall not permit any person under eighteen years of age to enter or remain within the premises without being accompanied by the parent, grandparent or legal guardian where the firearm sales activity is the primary business performed at the site.

(Ord. 3306 § 1 (part), 1999)

Firearms dealers must comply with California Penal Code Section 12071 (b)(14) which provides:

At any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the following methods as to each particular firearm:

(a) Store the firearm in a secure facility (as defined by Penal Code Section 12071(c)(3)) that is part of or that constitutes, the licensee's business premises;

(b) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;

(c) Store the firearm in a locked fireproof safe or vault on the licensee's premises.

(Ord. 3306 § 1 (part), 1999)

(a) No permit issued by the sheriff shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the county and executed by an insurance company approved by the county, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than one million dollars for each incident of damage to property or incident of injury or death to a person;

(b) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the county administrator at least thirty days prior to the time the cancellation becomes effective;

(c) Upon expiration of a policy of insurance and if no additional insurance is obtained immediately, the permit is considered canceled without further notice.

(Ord. 3306 § 1 (part), 1999)

(A) The sheriff's department may grant a sheriff's permit to the applicant if it finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the State Penal Code, County Building Code, fire, zoning and planning codes;

(b) A permit issued by the sheriff expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable twenty-five dollar renewal fee. The renewal application and the renewal fee must be received by the sheriff's department no later than forty-five days before the expiration of the current permit;

(c) A decision regarding issuance or renewal of a permit may be appealed in the manner provided pursuant to Section 6.58.067.

(Ord. 3306 § 1 (part), 1999)

The sheriff shall deny the issuance or renewal of a sheriff's permit when one or more of the following conditions exist:

(a) The applicant has not complied with the requirements of this chapter or, has violated the provisions of Section 6.57.060 of the Marin County Code pertaining to prohibited activity in connection with the sale, display or transfer of "Saturday Night Specials";

(b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under twenty-one years of age;

(c) The applicant is not licensed as required by federal and state law;

(d) The applicant or any officer, employee or agent thereof who will have access to and control of firearms has had a license or permit to sell, lease, transfer, purchase or possess firearms from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years;

(e) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has made a false or misleading statement of a material fact or omission of a material fact in the application for a police permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years;

(f) The applicant or any officer, employee or agent thereof who will have access to and control over firearms has been convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code Section 12021,

(2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon,

(3) An offense involving the use of force or violence upon the person of another with a deadly weapon,

(4) Any felony, misdemeanor burglary or misdemeanor fraud,

(5) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code, as it now reads or may hereafter be amended to read;

(g) The applicant or any officer, employee or agent thereof who has control over firearms is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103;

(h) The applicant or any officer, employee or agent thereof who has control over firearms is currently, or has been within the past five years, an unlawful user of a controlled substance as defined by the Health and Safety Code;

(i) The operation of the business as proposed would not comply with federal, state and local law or county law regulating the sale of Saturday Night Specials, or the locations of permitted sales, if any, at gun shows.

(Ord. 3306 § 1 (part), 1999)

In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial of a sheriff's permit also constitute grounds for revocation.

(Ord. 3306 § 1 (part), 1999)

(a) A person whose application for a permit is denied or revoked by the sheriff has the right to a hearing before the sheriff before final denial or revocation.

(b) Within ten days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the sheriff. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the sheriff should set a time and place for the hearing within thirty days.

(c) The decision of the sheriff shall be in writing within ten days of the hearing. An applicant may appeal the decision of the sheriff to the county administrator or his designee in the manner provided by board of supervisors' resolution addressing this appeal process.

(Ord. 3306 § 1 (part), 1999)

A sheriff's permit issued under this section is not assignable. An attempt to assign a sheriff's permit renders the permit void.

(Ord. 3306 § 1 (part), 1999)

A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty days after the effective date, comply with this chapter and any amendment to it.

(Ord. 3306 § 1 (part), 1999)

Every holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by this chapter on the licensed premises and in the manner prescribed herein. The record shall show:

(a) The date of the transaction;

(b) The purchaser's name, address and date of birth;

(c) The purchaser's driver's license number or other identification and state where issued;

(d) The brand of ammunition purchased;

(e) The type and amount of ammunition purchased; and

(f) The purchaser's signature; and

(g) The purchaser's thumbprint;

(h) Log of Ammunition Sales. The information required by this Section 6.58.075 shall be completed in the logbook at the time of the purchase. Such information shall be recorded in the following format:

AMMUNITION SALES REGISTRATION LOG STORE:

(1) The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on the licensed premises of the business licensee for a period of two years following the date of the purchase of the ammunition.

(2) At the direction of the sheriff or his or her designee, deputy sheriffs may enter the premises of any licensed vendor of ammunition during regular business hours for the purpose of examining or inspecting any record required by this chapter.

(i) Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range licensed to do business in the county when the ammunition so purchased is expended on the premises of the range and not removed for use outside the range premises.

(Ord. 3306 § 1 (part), 1999)

(a) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person.

The Marin County district attorney is designated as the prosecuting agency for violations of this section.

(b) Any person found to be in violation of this chapter shall be subject to the revocation of his or her law enforcement permit to sell, lease or transfer firearms.

(c) In addition to any other penalty or remedy, the county counsel may commence a civil action to seek enforcement of these provisions.

(Ord. 3306 § 1 (part), 1999)

This chapter shall be enforced to the full extent of the authority of the county of Marin. If any section, subsection, paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the county, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this chapter shall be deemed severable.

(Ord. 3306 § 1 (part), 1999)