Chapter 5.35 — CONCEALABLE FIREARMS—RETAIL SALES

This chapter shall be known as "the concealable firearms retail sale ordinance."

(Ord. 5287 § 1 (part), 1976)

"Pistol," "revolver," and "firearm capable of being concealed upon the person," as used in this chapter, mean "pistol," "revolver," and "firearm capable of being concealed upon the person," as defined by the California Penal Code as said definition now reads or may hereafter be amended to read.

(Ord. 5287 § 1 (part), 1976)

No person shall engage in the business of selling or otherwise transferring, or advertise for sale, or offer or expose for sale, or transfer any pistol, revolver or other firearm capable of being concealed upon the person, unless he has been issued a permit pursuant to the provisions of this chapter.

(Ord. 5287 § 1 (part) 1976)

An application for a permit required by this chapter, or for the renewal thereof, shall be filed with the police department; shall be in writing on forms provided by the city; shall be in duplicate; and shall be accompanied by a paid receipt issued by city for payment of the application fee. The application fee for the initial permit is $50.00, and for a renewal permit is $25.00. The application fee is established to cover part of the cost of investigation and processing an application and permit and is not refundable. Every application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings.

(Ord. 5287 § 1 (part), 1976)

The police department shall fingerprint any person applying for a permit required by this chapter. The police chief shall conduct an appropriate investigation of the applicant to determine whether the permit shall be issued. The police chief may require additional information of applicants which he deems necessary to conduct his investigation. The police chief may dispense with the investigation upon being furnished with an authenticated copy of a current permit issued by another governmental agency located in the county.

(Ord. 5287 § 1 (part), 1976)

The permit shall be denied by the police chief if:

A.

The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; or

B.

The applicant has been convicted of any felony or misdemeanor involving the violation of any law or ordinance relating to the owning, carrying, sale, use or registration of any firearm or dangerous or deadly weapon; or

C.

The applicant, his employee or agent has knowingly made any false or misleading statement of a material fact in the application for a permit; or

D.

The applicant has had a similar type permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation.

(Ord. 5287 § 1 (part), 1976)

Any applicant or permittee aggrieved by a decision of the police chief with reference to his respective application or permit may appeal said decision in accordance with the procedures set forth in Chapter 5.36.

(Ord. 5287 § 1 (part), 1976)

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the state.

(Ord. 5287 § 1 (part), 1976)

All permits so issued shall expire:

A.

One year after the date of issuance; or

B.

Upon the cessation or change of location of business for which such permit is issued; whichever occurs sooner; provided, however, that such permits may be renewed for additional periods of one year upon the approval of the police chief.

(Ord. 5287 § 1 (part), 1976)

Any permit issued shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the police chief:

A.

The business shall be carried on only in the building designated in the permit.

B.

The permit or a copy thereof, certified by the police chief, shall be displayed on the premises where it can easily be seen by anyone patronizing the premises.

C.

No pistol or revolver shall be delivered:

To anyone other than the purchaser thereof;

To the purchaser within 15 days of the application for the purchase;

To the purchaser unless he is personally known to the seller or presents clear evidence of his identity to the seller;

Unless it is unloaded and securely wrapped.

D.

No pistol or revolver, or imitation thereof, 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.

The permittee shall at all times have in full force and effect a policy of general liability insurance issued by an insurer authorized to write such policies in the state of California in the amount of at least one million dollars ($1,000,000).

F.

The permittee shall not sell any firearm unless the permittee also sells or furnishes a trigger lock or other similar device with each firearm sold which will prevent the unintentional discharge of the firearm. The trigger lock or other similar device shall be external to the firearm. A safety mechanism which is part of the firearm's integral components or mechanism shall not satisfy the requirements of this subsection.

(Ord. 6734 § 1, 1997; Ord. 5287 § 1 (part), 1976)

The assignment or attempt to assign any permit issued under this chapter is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

(Ord. 5287 § 1 (part), 1976)

A permit shall be revocable by the police chief for cause, which cause shall include, but shall not necessarily be limited to, violation of Section 5.35.100 or falsification of information in the permit application.

(Ord. 5287 § 1 (part), 1976)

When a permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the police department.

(Ord. 5287 § 1 (part), 1976)

The information furnished and secured pursuant to this chapter shall be confidential in character, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter.

(Ord. 5287 § 1 (part), 1976)

The provisions of this chapter do not apply to sales of concealable firearms made to persons properly identified as full-time paid officers of a city police department, sheriff's department, district attorney's office, the California Highway Patrol, or the State Department of Justice, nor to sales of concealable firearms made to authorized representatives of cities, cities and counties, counties, or state or federal governments for use by such governmental agencies. Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser is employed, identifying the purchaser and authorizing the purchase. The certification shall be delivered to the seller at the time of purchase and the purchaser shall identify himself as the person authorized in such certification.

(Ord. 5287 § 1 (part), 1976)

The conviction of any person for violation of the provisions of this chapter shall not relieve the person from paying the permit fee due and unpaid at the time of the conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee.

(Ord. 5287 § 1 (part), 1976)