Monterey Municipal Code Art. 4 Firearms and Ammunition

It is the purpose and intent of this Article to establish local development and location standards for the sale, lease, or transfer of firearms and ammunition. The provisions of this Article are not intended to contradict applicable state or federal law. (Ord. 3714 § 3, 2025)

a.“Day care center” is as defined in Section 38-11.

b.“Firearms and ammunition retail sales” is as defined in Section 38-11.

c.“Playground” is as defined in Section 38-11.

d.“School” is as defined in Section 38-11.

e.“Youth center” is as defined in Section 38-11.

f.“Cannabis business” is as defined in Section 7-7.01. (Ord. 3714 § 3, 2025)

a.No person shall engage in, conduct, or operate a firearms retail business, or cause, allow, permit, or maintain a firearms retail business on any real property within the City except as specifically authorized by a conditional use permit and this Article.

b.No person shall engage in, conduct, or operate as a retail sales ammunition vendor (non-firearms dealer), or cause, allow, permit, or maintain an ammunition retail sales business on any real property within the City except as specifically authorized by this Article.

c.It shall be unlawful to fail to comply with all terms and conditions set forth in a firearms retail sales conditional use permit or this Article. (Ord. 3714 § 3, 2025)

Nothing in this Article shall be construed as authorizing any actions that violate federal, state, or local law with respect to engaging in, or the operation of, a firearms and/or ammunition retail sales business. It shall be the responsibility of the permittees, owners, employees, and managers of a firearms or ammunition retail sales business to ensure that the business is always operating in a manner compliant with all applicable federal, state, and local laws, including any subsequently enacted federal, state, and local laws, or regulatory, licensing, certification standards or requirements, and any specific additional operating procedures or requirements. (Ord. 3714 § 3, 2025)

a.Firearms and ammunition retail sales are prohibited except in I-R Industrial, Administration, and Research District zones.

b.Except as otherwise provided under Section 7-4.06, it shall be unlawful for any person to own or operate a firearms retail sales business in the City without first having obtained a conditional use permit in accordance with Chapter 38, Article 22. An ammunition vendor (non-firearms dealer) does not require a conditional use permit to operate. (Ord. 3714 § 3, 2025)

a.No person under the age of 18 years may enter or remain within the premises of a firearms or ammunition retail sales business without being accompanied by the parent or other adult legally responsible for the minor child where the firearms and ammunition retail sales activity is the primary business performed at the site.

b.It shall be unlawful to engage in any firearms retail sales business within the City unless the person has submitted proof of liability insurance that meets the requirements of Penal Code Section 26811, as may be amended from time to time, to the City’s Finance Director, or designee. Upon expiration of the policy of insurance, if no additional insurance is obtained or if valid proof of insurance is not submitted to the City’s Finance Director, the use permit shall be revoked.

c.It shall be unlawful to rent, lease, license, or otherwise permit any firearms or ammunition retail sales business at any location or structure in the City by a person that does not have all licenses and permits required by federal, state, and local laws.

d.Firearms and ammunition retail activity on property owned by the City of Monterey is prohibited.

e.Hours of operation for firearms retail sales businesses are limited to the hours of 8:00 a.m. to 5:00 p.m. seven days a week. (Ord. 3714 § 3, 2025)

a.Any person who claims or believes they have established a legal nonconforming use to conduct firearms retail sales outside of an I-R Industrial, Administration, and Research District zone shall, within 60 days of the effective date of this Article, provide written evidence describing the extent and scope of such use to the Planning Department.

b.An established firearms retail business as of February 18, 2025, shall, within 60 days of the effective date of this Article, comply with Section 7-4.05.

c.A firearms retail business established prior to February 18, 2025, that is not operating in an I-R Industrial, Administration, and Research zone must comply with Chapter 38, Article 8, Section 38-41(I), Supplemental Regulations Applicable to I-R District, within three years of the effective date of this Article.

d.Notwithstanding subsection (c) of this section, within ten days of the effective date of this Article, the property owner and/or the operator of the nonconforming firearms retail sales business may apply to the Planning Commission to review the reasonableness of the three-year amortization period as applied to their business. The applicant carries the burden of proving the invalidity of the three-year amortization period as applied to the applicant’s business.

1.The Planning Commission shall consider and may recommend to the City Council the complete termination of the nonconforming use within a shorter or longer amount of time based on facts applicable to that business, including but not limited to:

i.The total cost of improvements;

ii.The duration of the lease;

iii.The length of time the use has existed;

iv.Adaptability of the land and improvements to a currently permitted use;

v.The cost of moving and reestablishing the use elsewhere;

vi.Whether the use is significantly nonconforming;

vii.Compatibility with the existing land use patterns and densities of the surrounding neighborhood;

viii.The expiration date of the Federal Firearms License; and

ix.The possible threat to public health, safety, or welfare; and any other relevant factors.

2.The City Council shall consider the recommendation of the Planning Commission and shall adopt a resolution designating the amortization period for the nonconforming firearms retail sales business, which may be shorter or longer than the three-year period to terminate set forth in subsection (c) of this section.

e.Any firearm retailer that is not located in an I-R Industrial, Administration, and Research District zone shall be subject to Chapter 38, Article 28, Nonconforming Uses, and Structures, of the City’s zoning code during the three-year period identified in subsection (c) of this section. In the event of any conflict between this section and Chapter 38, Article 28, the provisions of subsection (c) of this section shall prevail. (Ord. 3714 § 3, 2025)

Any firearms retail sales use located in the I-R Industrial, Administration, and Research District zone as of February 18, 2025, that is nonconforming with Chapter 38, Article 8, Section 38-41(I), Supplemental Regulations Applicable to I-R District, shall be subject to Chapter 38, Article 28, Nonconforming Uses, and Structures, of the City’s zoning code and shall, within 60 days of the effective date of this Article, comply with Section 7-4.05. (Ord. 3714 § 3, 2025)

Any ammunition (non-firearms) retail sales use that is a nonconforming use as of February 18, 2025, shall be subject to Chapter 38, Article 28, Nonconforming Uses, and Structures, of the City’s zoning code, and shall, within 60 days of the effective date of this Article, comply with Section 7-4.05. (Ord. 3714 § 3, 2025)

Any violation of this Article is deemed a public nuisance. (Ord. 3714 § 3, 2025)