Monterey County Municipal Code Ch. 7.70 Licensing of the Sale of Concealed Weapons

This Chapter shall be known and may be referred to in all proceedings as "The Monterey County Sale of Concealed Weapons Ordinance."

(Ord. 3160, 1986)

The intent and purpose of this Chapter is to prohibit the sale of a concealed weapon capable of being concealed by any person within the unincorporated areas of the County of Monterey without a license issued by the Sheriff of Monterey County. The Board of Supervisors has found that the proper sale, registration and licensing of concealed weapons is a law enforcement function which will aid the community. In this purpose, the Sheriff of Monterey County would maintain the licensing authority for the sale and carrying of any concealed weapon.

(Ord. 3160, 1986)

As used in this Chapter, the following words, phrases, or terms shall have the meanings set forth in this Section:

A. "Handgun Dealer." Any person engaged in the business of: (a) selling or renting handguns at wholesale or retail; (b) manufacture of handguns; or (c) repairing handguns or making or fitting special barrels or trigger mechanisms to handguns; (d) a holder of a Federal Firearms license.

B. "Handgun." Any weapon which constitutes a "pistol", "revolver" or "firearm capable of being concealed on the person." Also applies to and includes any device, designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or other form of combustion, and which has a barrel less than twelve (12) inches in length. The frame is the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the gun. The receiver is the metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached.

(Ord. 3160, 1986)

A. Except as provided by this Chapter, it is unlawful in the unincorporated areas of Monterey County for any handgun dealer to sell any weapon capable of being concealed without procuring from the Sheriff a license for such purpose. The Sheriff is designated as agent of the Board of Supervisors for the purpose of issuing licenses for the sale of weapons capable of being concealed.

B. This Section shall not apply to:

1. Firearms owned or under the direct control or custody of any Federal, State or local governmental authority maintained in the course of its official duties, including United States Armed Forces personnel maintained in their official capacity.

2. Duty-related firearms owned and possessed by peace officers who are not residents of the County or who are the residents of incorporated cities.

3. Duty-related firearms owned or possessed by correction officers.

4. Firearms owned, manufactured or processed by licensed manufacturers of firearms, bulk transporters or licensed sellers of firearms at wholesale or retail.

(Ord. 3160, 1986)

Any person or business holding a Federal firearms license who makes application for the sale of a weapon capable of being concealed shall file with the Sheriff a sworn application on a form to be furnished by the Sheriff, which shall give the following information:

A. Name, social security number, residential and business address and telephone number of the applicant;

B. The applicants age, sex, citizenship;

C. The applicants State firearm owners identification number;

D. A statement as to whether or not the applicant has been arrested and, if so, the complete record of such arrest or arrests excepting minor traffic violations, the time when, the place when, the nature of the offense, and the punishment or penalty, if any, assessed therefor;

E. Such other information as the Sheriff shall find reasonably necessary to effectuate the purpose of this ordinance and to arrive at a fair determination whether the terms of this ordinance have been complied with.

F. The Sheriff shall be the custodian of all applications for licensing of concealed weapons and the sale of concealed weapons under this ordinance.

G. When necessary to establish the identity of any applicant, such applicant shall be required to submit to fingerprinting in accordance with the procedures and regulations of the Sheriff's Office.

(Ord. 3160, 1986)

A. Upon receipt of the application provided for in Section 7.70.050 in duplicate, the Sheriff of the County of Monterey shall cause such investigation of the applicants business and moral character to be made as he or she deems necessary for the protection of the public good.

B. If, as a result of the investigation, the applicants character and business responsibility is found to be unsatisfactory, the Sheriff shall endorse on the application his or her disapproval and his or her reasons for the same, and shall notify the applicant that his or her application was disapproved and that no license will be issued.

C. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Sheriff shall endorse on the application his or her approval, and return the application to the applicant, who, upon payment of license fees prescribed by this Chapter, shall issue and deliver to the applicant a serially numbered license. The license shall contain the signature of the Sheriff or deputy thereof, the date of the issuance, and the length of time the same shall be operative. If the licensee is other than self employed, the name and address, both permanent and temporary, of the firm, person, corporation or association, by which he or she is employed, which he or she represents shall also be listed on the application. The Sheriff shall keep a record of all licenses issued.

D. If the Sheriff does not either approve or disapprove the application as provided in this Section within forty-five (45) days of his or her receipt of the application, he or she shall forthwith report in duplicate his or her reasons for delay to the applicant. The applicant shall thereupon have the right to appeal to the Board of Supervisors as provided in Section 7.70.090.

E. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located within any area of the County which is wholly residential; or if the business location is adjacent to a residential area and, in the opinion of the Sheriff, the operation of this business in such location would tend to cause a public nuisance or law enforcement problem.

F. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located within two thousand (2,000) feet of a public school, church, hospital, childrens' playground, or any other public facility where the presence of the business might tend to cause a law enforcement problem, or create a public nuisance, or where the granting of the license would be contrary to the public interest.

G. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located in an area not zoned for such activities as determined by the appropriate planning administrator or commission.

(Ord. 3160, 1986)

A. A license fee shall be paid as set forth by resolution of the Board of Supervisors for the sale of weapons capable of being concealed.

B. The license fee shall be paid on a yearly fiscal basis.

C. The fee shall be paid to the County Treasurer in advance for each fiscal year commencing on July 1st.

D. The license fee shall be due and payable at least fifteen (15) days prior to the commencement of the fiscal year. A penalty equal to ten (10) percent of the current license fee shall be imposed in those cases where the fee is not paid within sixty (60) days of the due date, the license shall be revoked and the sale of the concealed weapon will be prosecuted under the provisions of Penal Code Sections 12070 and 12071.

E. The license for the sale of any weapon capable of being concealed shall be valid for the fiscal year or portion thereof in which issued, commencing July 1st of that year and ending June 30th.

F. Any application for a license or renewal shall be held in abeyance when there is a criminal proceeding for a crime of violence or any offense involving a weapon, or a proceeding to revoke a firearm registration, pending against the applicant until such proceeding has terminated. In the case of a renewal of registration of a license, the then current license shall be deemed continuing until the termination of such proceeding.

G. Upon receipt of a license, each applicant shall examine the same to insure that the information thereon is correct. If the license is incorrect in any respect, the applicant thereon shall return it to the Sheriff with a signed statement showing the nature of the error. The Sheriff shall correct the error, if it occurred through administrative error. In the event that the error resulted from incorrect information contained in the application, the applicant shall be required to file an amended application setting forth the correct information and a statement explaining the error in the original application.

H. Each license authorized to be issued by the Sheriff shall be accompanied by a statement setting forth the applicants duties under this Chapter.

(Ord. 3160, 1986)

A. Every holder of a license for the sale of any weapon capable of being concealed shall apply for renewal of such license within forty-five (45) days prior to the expiration of the current license date.

B. The application for renewal shall include the payment of a renewal fee as set forth by resolution of the Board of Supervisors.

C. For the purposes of clarification, the license fee set forth in this Section is for regulation purposes to reimburse the County for its costs in regulating the sale of weapons capable of being concealed and not for revenue purposes.

(Ord. 3160, 1986)

A. Any applicant dissatisfied with the action of the Sheriff in either failing to approve or disapprove an application within forty-five (45) days or in disapproving an application shall have the right of appeal to the Board of Supervisors.

B. An appeal from the action of the Sheriff in disapproving an application shall be taken by filing with the Clerk of the Board of Supervisors, within ten (10) days after notice of the disapproval has been mailed to the applicant at the address shown on the application, a written statement setting forth fully the grounds for appeal.

C. The appeal provided for in Subsection B of this Section shall be taken by filing with the Board of Supervisors within ten (10) days after notice of the action complained of has been mailed to the applicant at the address shown on the application, a written statement setting forth fully the grounds for the appeal. The Board of Supervisors shall set a time for hearing such appeal and written notice of the hearing shall be given to the applicant at least five days prior to the hearing. Upon failure to file the notice within a ten (10) day period, the action of the Sheriff in denying the license shall be final and conclusive.

D. The Board of Supervisors shall either affirm or reverse the action of the Sheriff. Should the Board of Supervisors reverse the action of the Sheriff, notice of the reversal shall be given to the Sheriff, who shall, upon payment of the required fee, issue the license.

(Ord. 3160, 1986)

A. For the purposes of this Chapter, service of any notice, finding or decision, to the applicant or licensee shall be completed by any of the following methods:

1. Personal delivery of a copy of such notice, finding or decision to the applicant or licensee; or

2. By leaving a copy of such notice, finding or decision at the address identified on the application for license renewal; or

3. By mailing a copy of the notice, finding or decision by certified mail with return receipt of the address identified on the application for license for renewal; which day service shall be complete as the date the return receipt was signed by any person.

(Ord. 3160, 1986)

In the event any license issued under this Chapter is lost, destroyed or mutilated, the person to whom the license was issued may obtain a duplicate thereof upon the payment of a fee as established by resolution of the Board of Supervisors and by furnishing two photographs of the licensee taken within sixty (60) days immediately prior to the date of application, which photographs conform to the requirements of Section 7.70.050, and furnishing satisfactory proof of loss, destruction or mutilation to the Sheriff.

(Ord. 3160, 1986)

The provisions of this Chapter are severable, and if any part of this Chapter shall be found to be invalid, such invalidity shall not effect remaining provisions.

(Ord. 3160, 1986)