Nevada County Municipal Code Ch. 9 Firearms Dealers

Except as provided in Cal. Penal Code § 26700, no person shall sell, offer for sale, lease or transfer any firearm to another unless they are a dealer or the transaction is processed by a dealer pursuant to Cal. Penal Code § 26700.

(Ord. 2522. (04/18/2023))

No person shall engage in the business of selling, leasing, transferring, advertising, offering, or exposing for sale, lease, or transfer of firearms unless they have been issued a firearms dealer's license by the Nevada County Sheriff's Office.

(Ord. 2522. (04/18/2023))

Any person over the age of twenty-one (21) years who desires to become a firearms dealer shall apply to the Sheriff's Office of the County as follows:

A. Applicant shall submit a completed application for a firearms dealer's license.

B. At the time an application for a firearms dealer's license is submitted, the applicant must provide the following:

1. A valid federal firearms license.

2. A valid seller's permit issued by the State Board of Equalization.

3. A certificate of eligibility issued by the Department of Justice.

C. Applicant shall be fingerprinted.

D. Applicant must pay an application fee in an amount to be determined by resolution of the Board of Supervisors.

E. Applicant must not be in a class of persons prohibited from possessing firearms by State law.

(Ord. 2522. (04/18/2023))

All firearms dealer's licenses shall be subject to approval by the Sheriff or their designee. All applicants who are denied a firearms dealer's license shall be informed, in writing, of the reasons for such denial.

(Ord. 2522. (04/18/2023))

Any license granted herein shall be valid for one (1) year from the date of issue. Applicant shall pay a license renewal fee to the Sheriff's Office in an amount set by resolution of the Board of Supervisors, if eligible.

(Ord. 2522. (04/18/2023))

Any license granted herein shall be subject to forfeiture for failing to comply with the following conditions as contained in Cal. Penal Code §§ 26800—26915:

A. Business shall be carried on in the building designated in the license, unless person is complying with Cal. Penal Code § 26805 as it pertains to a gun show or qualified event.

B. The license or copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.

C. No firearm shall be delivered:

1. Within ten (10) days of the application to purchase, or, after notice by the Department of Justice pursuant to Cal. Penal Code § 28220, within ten (10) days of the submission to the Department of any correction to the application, or within ten (10) days of the submission to the Department of any fee required pursuant to Cal. Penal Code § 28225, whichever is later.

2. Unless unloaded and securely wrapped or unloaded and in a locked container.

3. Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of the person's identity and age to the dealer.

4. Whenever the dealer is notified by the Department of Justice that the person is prohibited by State or Federal law from processing, owning, purchasing, or receiving a firearm. The dealer shall make available to the person in the prohibited class a prohibited notice and transfer form, provided by the Department, stating that the person is prohibited from owning or possessing a firearm, and that the person may obtain from the Department the reason for the prohibition.

D. No pistol, revolver or other firearm, or imitation thereof, capable of being concealed upon the person, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

E. Licensee shall agree to and shall act properly in processing transfers of firearms pursuant to Cal. Penal Code §§ 26500—28490.

F. Licensee shall comply with all of the following sections of California Penal Code:

(1) Sections 27500—27535, inclusive.

(2) Section 27555.

(3) Section 28100.

(4) Article 2 (commencing with Section 28150) of Chapter 6.

(5) Article 3 (commencing with Section 28200) of Chapter 6.

(6) Section 30300.

Failure to comply with the above California Penal Code sections are grounds for forfeiture of a license as per Cal. Penal Code § 26830.

G. As per Cal. Penal Code § 26835:

1. A licensee shall conspicuously post within the licensed premises the following warnings in block letters not less than one (1") inch in height:

(a) "FIREARMS MUST BE HANDLED RESPONSIBLY AND SECURELY STORED TO PREVENT ACCESS BY CHILDREN AND OTHER UNAUTHORIZED USERS. CALIFORNIA HAS STRICT LAWS PERTAINING TO FIREARMS, AND YOU MAY BE FINED OR IMPRISONED IF YOU FAIL TO COMPLY WITH THEM. VISIT THE WEBSITE OF THE CALIFORNIA ATTORNEY GENERAL AT HTTPS://OAG.CA.GOV/FIREARMS FOR INFORMATION ON FIREARM LAWS APPLICABLE TO YOU AND HOW YOU CAN COMPLY."

(b) "IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT AND USES IT, RESULTING IN INJURY OR DEATH, OR CARRIES IT TO A PUBLIC PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING."

(c) "CHILDREN MAY BE UNABLE TO DISTINGUISH FIREARMS FROM TOYS AND MAY OPERATE FIREARMS, CAUSING SEVERE INJURIES OR DEATH. IF YOU KEEP A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE FIREARM AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE TO KEEP IT FROM TEMPORARILY FUNCTIONING."

(d) "YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE OR IMPRISONMENT, IF YOU KEEP A FIREARM WHERE A MINOR IS LIKELY TO ACCESS IT OR IF A MINOR OBTAINS AND IMPROPERLY USES IT, OR CARRIES IT OFF OF THE PREMISES TO A SCHOOL OR SCHOOL- SPONSORED EVENT, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE."

(e) "IF YOU NEGLIGENTLY STORE OR LEAVE A FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY OR CONTROL WHERE A PERSON UNDER 18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A SIGNIFICANT FINE, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM WITH A LOCKING DEVICE."

(f) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE."

(g) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."

(h) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE HANDGUN OR SEMIAUTOMATIC CENTERFIRE RIFLE WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN ONE HANDGUN OR SEMIAUTOMATIC CENTERFIRE RIFLE WITHIN ANY 30-DAY PERIOD."

(i) "IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN."

2. In addition to the notice required by Subdivision (a), a licensee shall post conspicuously within the licensed premises, in block letters not less than one (1") inch in height, an additional notice, including, but not limited to, a notice provided by a suicide prevention program, containing the following statement:

"IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-TALK (8255)."

H. No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the purchaser, transferee, or person being loaned the firearm presents to the dealer a basic firearms safety certificate as described in Cal. Penal Code § 26845 and performs a safe handling demonstration per Cal. Penal Code §§ 26850—26860.

I. The licenses shall offer to provide the purchaser or transferee of a firearm, or person being loaned a firearm with a copy of the pamphlet described in Cal. Penal Code § 34205, and may add the cost of the pamphlet, if any, to the sales price of the firearm.

J. The licensee shall not commit an act of collusion as defined in Cal. Penal Code § 27550.

K. The licensee shall post conspicuously within the licensed premises a detailed list of the charges and fees set forth in Cal. Penal Code § 26875. The licensee shall not misstate the amount of fees charged by a governmental agency.

L. The licensee shall report the loss or theft of any firearm or ammunition that is merchandise of the licensee, that the licensee takes possession of pursuant to Cal. Penal Code § 26885, or that is kept at the licensee's place of business within forty-eight (48) hours of discovery to the appropriate law enforcement agency in the city or county where the licensee's business premises are located.

M. The licensee shall, upon the issuance or renewal of a license, submit a copy of the same to the Department of Justice.

N. The licensee shall maintain and make available for inspection during business hours to any peace officer, authorized local law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the presentation of proper identification, a firearms transaction record as defined in Cal. Penal Code § 16550.

O. On the date of receipt, the licensee shall report to the Department of Justice the acquisition by the licensee of the ownership of a pistol, revolver, or other firearm capable of being concealed upon the person, unless such transaction qualifies under Cal. Penal Code § 26905.

P. The licensee shall forward information as required by the Department of Justice, information on any firearm that is not delivered within the time period set forth in Section 478.102(c) of Title 27 of the Code of Federal Regulations.

(Ord. 2522. (04/18/2023))

Any person engaging in the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer of firearms, who does not come within the exceptions contained in Cal. Penal Code § 26800 and who does not obtain a license pursuant to this Chapter is guilty of a misdemeanor.

(Ord. 2522. (04/18/2023))