Rohnert Park Municipal Code Ch. 9.92 Retail Firearms Dealers

For the purpose of this chapter the following words and phrases shall have the meaning ascribed to them in this section:

"Application" means an application for a firearms dealer's license.

"City" means the city of Rohnert Park.

"Firearm" means any device designated to be used as a weapon from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion. Firearm also means any other such device as defined in the California Penal Code.

"Firearms dealer" means any person engaged in the business of selling, leasing, transferring, advertising, offering, exposing for sale, lease or transfer any firearm. In the event any association, organization, corporation or other entity is eligible to receive a firearms dealer's license then that association, organization, corporation or entity is also a firearms dealer for the purpose of this chapter.

"License" means written permission from the Rohnert Park department of public safety in conformity with its rules and regulations and with the California Penal Code and specifically Sections 12070 et seq.

"Purchase" means the purchase or transfer of a firearm.

"Purchaser" means the purchaser or transferee of a firearm.

(Ord. 539 § 2, 1991)

No person shall engage in the activity, business or occupation of firearms dealer without first securing a license from the Rohnert Park department of public safety and paying the appropriate fee thereof.

(Ord. 539 § 2, 1991)

Before any person shall be considered for a license as firearms dealer an application for license shall be made to the city of Rohnert Park department of public safety on forms approved by the director of public safety which require the applicant to submit any information required under the California Penal Code as a condition precedent to the issuance of the license. In addition, the applicant shall include the following information which must be current and valid:

A. A copy of the applicant's city business license.

B. A copy of the applicant's use permit as issued by the city.

C. A copy of the applicant's federal firearms license.

D. A copy of the applicant's sellers' permit as issued the state board of equalization.

E. A copy of the applicant's fictitious business name statement (if applicable).

F. A copy of the applicant's proof of identity.

(Ord. 539 § 2, 1991)

The license issued by the city of Rohnert Park department of public safety for a firearms dealer shall be issued only to an individual. No license shall be issued to associations, corporations, partnerships or other entities. Any business, corporation or entity which possesses a federal firearms license in the name of the business, corporation, partnership or association shall not receive a license unless a principal or owner of the business, a corporate officer or a partner of the entity who is responsible for the operation completes the application and is fingerprinted.

(Ord. 539 § 2, 1991)

The following fees and charges shall be paid by the applicant before any license is issued.

A. An application fee of seventy-five dollars.

B. An additional fee, in the amount of the current rate for processing fingerprints, shall be payable by money order only to the department of justice.

None of the fees paid shall be refunded.

(Ord. 547 § 1, 1991: Ord. 539 § 2, 1991)

No license shall be issued if the city of Rohnert Park department of public safety finds or determines that:

A. The character of the applicant is such that licensing is not believed to be in the best interest of public safety and/or community security; or,

B. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application; or,

C. The operation of the business as proposed pursuant to the issue or renewal of a permit is not in compliance with appropriate building, electrical, plumbing, fire, health or zoning codes; or,

D. The applicant is under twenty-one years of age; or,

E. The applicant has had a similar permit previously revoked or denied for good cause within one year immediately preceding the date of filing of the application; or,

F. The applicant has not been licensed as required by federal law and the state of California; or,

G. The applicant is in a class of persons described in Penal Code Sections 8100 or 8103, e.g. the applicant:

1. Has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country; or

2. Has been convicted of a violation of Sections 245(a)(2), 245(a)(3), 245(c), 246, 417(a)(2), and 417(b) of the Penal Code; or

3. Is addicted to the use of any narcotic drug; or

4. Within ten years of application has been convicted of a misdemeanor violation of Sections 136.5,140,171(b), 171(c), 171(d), 241, 243, 244.5, 245.5, 246.3, 247, 417, 417.2, 62.9, 12034(b), 12034(d), 12100(a), 12320 or 12590 of the Penal Code; or

5. As an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or purchasing a firearm; or

6. Is subject to a restraining order issued pursuant to sections 545, 545.5, 546 and 547(a)(2) of the Code of Civil Procedure; or

7. Has been convicted of a crime of violence; or

8. Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness, to be a mentally disordered sex offender; has been found not guilty by reason of insanity; has been found mentally incompetent to stand trial; has been placed under conservatorship by a court.

(Ord. 539 § 2, 1991)

The term of any firearms dealer's license issued pursuant to this chapter shall be one year.

(Ord. 539 § 2, 1991)

An application for renewal of a firearms dealer's license shall be made no less than thirty days of the date of expiration of the current firearms dealer's license. The application for renewal shall be on forms provided by the city of Rohnert Park, department of public safety and consistent with California Penal Code Section 12070, et seq. The renewal fee shall be fifty dollars which shall be paid at the time the application for renewal is submitted.

(Ord. 539 § 2, 1991)

The director of public safety or his designated representative may revoke or suspend a firearms dealer's license for any of the following reasons:

A. Discovery of the existence of any of the circumstances, or the licensee is convicted of any of the offenses, enumerated in Section 9.92.060 of this chapter.

B. If the permittee is not operating in full compliance with the provisions of state and federal law; or, if the permittee is not operating in full compliance with the provisions of this chapter.

C. If the business, corporation, partnership, or association ceases to have a principal of the business, or owner of the business, or corporate officer or partner actively associated with the business who holds a valid current firearms dealer's license.

(Ord. 539 § 2, 1991)

This chapter is enacted to supplement and complement the provision of the California Penal Code regarding the licensing of firearms dealers and specifically California Penal Code § 12070—12083 as existing and enacted as of the date of enactment of this chapter. Existing California law and any subsequent additions or amendments are made a part of this chapter by reference.

(Ord. 539 § 2, 1991)

If any sentence, section or portion of this chapter is declared unconstitutional and if the remaining portions of the chapter are enforceable the city council declares that they shall remain in full force and the city council would have enacted those sections even though other sections were declared invalid or unconstitutional.

(Ord. 539 § 2, 1991)