Sacramento Municipal Code Ch. 5.64 Firearm and Ammunition Sales

The following words and phrases when used in this chapter shall have the following meanings:

"Applicant," means a person applying for a license to engage in firearm and ammunition sales. When the person is other than a natural person, "applicant" includes any officer, director, employee or agent of the person applying for the license.

"Chief of police" means the chief of police or the chief of police's designee.

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile through a barrel by the force of an explosion or other form of combustion.

"Firearm ammunition" means any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm.

"Firearm and ammunition sales" means the selling, leasing or transferring of any firearm or firearm ammunition in quantity, in series, in individual transactions, or in any other manner indicative of trade; or the preparation for such conduct as evidenced by the securing of applicable federal or state licenses; or the holding of one's self out as engaged in such conduct. (Ord. 2013-0018 § 1; prior code § 28.05.500)

A. No person shall engage in firearm and ammunition sales, without a valid license from the chief of police. Gunsmiths, crafts makers and firearms collectors are not required to possess a license unless they sell, lease or transfer firearms.

B. The chief of police shall make available application forms requiring applicants to provide the information set forth in Section 5.64.030. Applicants shall submit a completed application and a nonrefundable application fee to the revenue division of the department of finance. Upon receiving the application fee, the revenue division shall issue a receipt to the applicant showing that such application fee has been paid. The issuance of the receipt does not authorize an applicant to engage in firearm and ammunition sales until the necessary license has been lawfully issued.

C. The application fee amount shall be established by resolution of the city council and shall be the exclusive source of city funds from which recovery of all costs associated with this chapter may be obtained, including but not limited to, processing applications, monitoring licensees, and enforcing the provisions of this chapter.

D. Any person who violates subsection A of this section is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000.00), or by both. The chief of police shall prescribe a form on which the chief of police shall inform the California Department of Justice that such violators do not meet the state requirements for gun licensees or dealers pursuant to Penal Code Section 26700. (Ord. 2013-0018 § 2; prior code § 28.05.501)

A. The application for a license to engage in firearm and ammunition sales shall be signed under penalty of perjury and shall set forth:

1. The name, age and address of the applicant;

2. The address of the location for which the license is required, together with the business name, if any, of such location;

3. All convictions of the applicant for any misdemeanor or felony;

4. All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from other jurisdictions, including, but not limited to, the date(s) of application(s) and whether each such application resulted in issuance of a license or permit;

5. All information relating to suspension(s) or revocation(s) of licenses or permits relating to firearms, including, but not limited to, the date and circumstances of the suspension(s) or revocation(s);

6. Applicant's agreement to indemnify, defend, and hold harmless the city, its officers, agents, and employees, from and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the applicant's negligence or intentional or willful misconduct relative to the license for which the applicant is applying;

7. Applicant's understanding that the city shall have the right to enter the buildings and premises designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, fire, electrical or plumbing regulations to the extent authorized by law;

8. Applicant's understanding that police department employees, as designated by the chief of police, shall have the right to enter the building and premises designated in the license during regular business hours to make reasonable inspections and to investigate and enforce compliance with the provisions of this chapter;

9. Other conditions deemed appropriate by the chief of police.

B. The application for a license to engage in firearm and ammunition sales shall be submitted with a copy of a valid special permit for the proposed location as required by Title 17.

C. The chief of police shall take the fingerprints of the applicant and shall confirm the information submitted. The chief of police shall act upon and either approve or deny the application at the earlier of the following: (1) within one hundred eighty (180) days of receipt of the application; or (2) within thirty (30) days after all required documentation and site investigations are conducted by the police department, the building inspection division, and the fire department; or (3) within fifteen (15) days of receipt of fingerprint verification by the State Department of Justice. (Ord. 2013-0018 § 3; prior code § 28.05.502)

All licenses issued pursuant to this chapter shall be in the form prescribed by the chief of police of the city. (Prior code § 28.05.503)

A. Upon receipt of an application, the chief of police shall refer the application to the building inspection division and the fire department, which departments shall inspect the premises to be used for the sale of firearms and shall report to the chief of police concerning compliance with the codes they administer, and compliance with this chapter. To the extent possible, the police department, the building inspection division and the fire department shall conduct such site investigations jointly.

B. Upon receipt of the reports and recommendations from the building inspection division and the fire department, and within the time period specified in Section 5.64.030 of this chapter, the chief of police shall render his or her decision. The chief of police shall either deny the application for one or more grounds specified in Section 5.64.060 of this chapter, and specify the grounds upon which the denial is based, or approve the application, subject to such reasonable and appropriate conditions as may be imposed, including the conditions specified in Section 5.64.110 of this chapter. (Prior code § 28.05.504)

Except as specifically provided otherwise herein, the chief of police shall deny the issuance of a license when any of the following conditions exist:

A. The applicant is under the age of twenty-one (21) years;

B. The applicant has had a similar type of license previously revoked or denied within the immediately preceding two years for substantive reasons;

C. The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the application for a license. If a license is denied on this ground, any reapplication for a gun dealer license shall be automatically denied for a period of two years;

D. The applicant has been convicted of:

1. Any offense so as to disqualify the applicant from owning or possessing a firearm under applicable federal, state, and local laws,

2. Any offense relating to the manufacture, sale, possession, use or registration of any firearm or dangerous or deadly weapon,

3. Any offense involving the use of force or violence upon the person of another,

4. Any offense involving theft, fraud, dishonesty, or deceit,

5. Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the California Health and Safety Code;

E. The applicant is: (1) currently, or has been within the past two years, an unlawful user of any controlled substance as defined by the California Health and Safety Code; or (2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms;

F. Firearms having been confiscated from the applicant within the immediately past two years pursuant to California Penal Code Section 18250;

G. Applicant has been detained for psychiatric evaluation pursuant to California Welfare and Institutions Code Section 5150;

H. The operation of the business as proposed would not comply with all applicable federal, state, and local laws;

I. The applicant, or an officer, employee, or agent thereof does not have, and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property;

J. The applicant has failed to submit a complete application form and all information and documentation required by Section 5.64.030; or

K. Any other ground for denial which exists under any applicable provision of federal, state, or local law. (Ord. 2013-0018 § 4; prior code § 28.05.505)

Unless revoked on an earlier date, all licenses issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such licenses may be renewed by the chief of police for additional periods of one year upon the approval of an application for renewal by the chief of police and payment of the renewal fee as established by resolution of the city council. Such renewal application shall set forth the information listed in Section 5.64.030 of this chapter, and must be received by the chief of police, in completed form, no later than forty-five (45) days prior to the expiration of the current license. (Prior code § 28.05.506)

The assignment of any license issued pursuant to this chapter is unlawful and any such assignment shall render the license null and void. In addition, the attempt to transfer or assign any license issued pursuant to this chapter shall be further grounds for revocation. (Prior code § 28.05.507)

Each business licensed under this chapter shall meet the requirements of a "secure facility" pursuant to Section 17110 of the California Penal Code. (Ord. 2013-0018 § 5; prior code § 28.05.508)

A. Each employee who engages in firearm and ammunition sales must obtain either of the following: (1) a valid employee work permit from the chief of police; or (2) a valid certificate of eligibility issued by the California Department of Justice. The work permit requirement does not apply to employees at gun shows that are properly licensed under state and federal law.

B. The application for an employee work permit for an employee engaged in firearm and ammunition sales shall be submitted to the chief of police on a form provided by the chief of police. Prior to submitting such application, a nonrefundable fee as established by resolution of the city council shall be paid to the chief of police to defray, in part, the cost of investigation and report required by this section. The chief of police shall issue a receipt to the employee showing that such permit application fee has been paid. The issuance of such a receipt shall not authorize an employee to engage in firearm and ammunition sales until the necessary work permit has been lawfully granted.

C. The application to the chief of police shall be signed under penalty of perjury and set forth the following information:

• 1. The name, age and address of the employee;
• 2. The business name and address of the employer;
• 3. All convictions of the applicant for any misdemeanor or felony;

4. All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from other jurisdictions, including, but not limited to, the date(s) of application(s) and whether each such application resulted in issuance of a license or permit;

5. All information relating to suspension(s) or revocation(s) of licenses or permits relating to firearms, including, but not limited to, the date and circumstances of the suspension(s) or revocation(s);

6. Other reasonable conditions deemed appropriate by the chief of police.

D. The chief of police shall take the fingerprints of the employee and shall confirm the information submitted.

E. The chief of police shall act upon and either approve or deny the application for an employee work permit at the earlier of the following: (1) within one hundred eighty (180) days of receipt of the application; or (2) within fifteen (15) days of receipt of fingerprint verification by the State Department of Justice.

F. The chief of police shall deny the issuance of an employee work permit when any of the following conditions specified in Sections 5.64.060(D) through (G) exist.

G. Duration and Renewal of Work Permit. Unless revoked on an earlier date, all employee work permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such work permits may be renewed by the chief of police for additional one-year periods upon the approval of an application for renewal by the chief of police and payment of the renewal fee established by resolution of the city council. Such renewal application shall set forth the information listed herein, and must be received by the chief of police, in completed form, no later than forty-five (45) days prior to the expiration of the current employee work permit.

H. Nonassignability. The assignment of any employee work permit issued pursuant to this chapter is unlawful and any such assignment shall render the license null and void. In addition, the attempt to transfer or assign any employee work permit issued pursuant to this chapter shall be further grounds for revocation.

I. Grounds for Revocation of Work Permit. In addition to any other provisions of this section, any circumstances constituting grounds for denial of an employee work permit shall also constitute grounds for revocation of an employee work permit. (Ord. 2013-0018 § 6; prior code § 28.05.509)

In addition to all other requirements and conditions stated in this chapter, each licensee shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause of revocation of the license by the chief of police:

A. The business shall be carried on only in the building located at the street address shown on the license, except for gun shows as permitted under state and federal law.

B. The licensee shall comply with state law, including Sections 28050 through 28250 of the California Penal Code.

C. The licensee shall verify that each employee engaged in firearm and ammunition sales has obtained either of the following: (1) a valid employee work permit from the chief of police; or (2) a valid certificate of eligibility issued by the California Department of Justice. An employee shall not engage in firearm and ammunition sales if a work permit is denied or revoked by the chief of police. A licensee who permits an employee to work without a valid work permit or valid certificate of eligibility shall be in violation of this section.

D. The licensee shall not engage in firearm and ammunition sales, except for leases or transfers for theatrical purposes, without also selling or otherwise providing with each firearm a nonreturnable trigger lock. If the use of a trigger lock on a particular type of firearm is infeasible, then the licensee shall do the following: (1) demonstrate such infeasibility to the satisfaction of the chief of police; and (2) make available for sale a similar device, which is approved by the chief of police, that is designed to prevent the unintentional discharge of the firearm.

E. The licensee shall not sell, lease or otherwise transfer any firearm to any person whom the licensee reasonably believes is within any of the classes prohibited by state law, including California Penal Code Sections 29800 through 29875, 29900 and 29905 and California Welfare and Institutions Code Sections 8100 through 8103.

F. The licensee shall comply with all conditions, if any, of the special permit issued pursuant to Title 17.

G. The licensee shall comply with all federal, state, and local laws, and all provisions of this chapter.

Any license issued pursuant to this chapter shall be subject to such additional conditions as the chief of police finds are reasonably related to the purpose of this chapter. (Ord. 2013-0018 § 7; Ord. 2000-053 § 1; Ord. 2000-017 § 4(a)(16); prior code § 28.05.510)

In addition to any other provisions of this chapter, any circumstances constituting grounds for denial of a license shall also constitute grounds for revocation of a license. (Prior code § 28.05.511)

A. Any person whose application for a license or work permit under this chapter has been denied, or whose license or work permit has been revoked pursuant to the provisions of this chapter, shall have the right to a hearing before the chief of police or his or her designee prior to final denial or prior to revocation.

B. The chief of police shall give the applicant, licensee or employee written notice of the intent to deny the application or to revoke the license or work permit. The notice shall be mailed, postage prepaid, to the last known mailing address of the licensee or employee and set forth the ground or grounds for the chief of police's intent to deny the application or to revoke the license or work permit and shall inform the applicant, licensee or employee that he or she has ten (10) days from the date of mailing of the notice to file with the police department a written request for a hearing. The application may be denied or the license or work permit revoked if a written request for hearing is not received within the ten (10) day period.

C. If the applicant, licensee, or any employee who is required to obtain a valid work permit files a timely request for hearing, the chief of police shall set a time and place for the hearing. All parties involved shall have the right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine any witnesses against them. If the hearing is before a designee of the chief of police, the designee shall make a written recommendation following the hearing regarding whether an application should be denied or a license revoked. The decision of the chief of police whether to deny the application or revoke the license or work permit shall be appealable by the applicant/licensee to the city council, pursuant to Sections 1.24.010 through 1.24.030 of this code, at which proceeding the chief shall have the burden of proof to justify his decision by a preponderance of the evidence. Time for hearing for denial of the license shall be held within seventy (70) days of the application. A revocation hearing shall be held within thirty (30) days of a notice stating intent to revoke the license or work permit. (Prior code § 28.05.512)

A. If the chief of police reasonably believes that a licensee has: (1) violated any federal, state or local law relating to the sale, lease, transfer, use or possession of firearms or firearm ammunition; or (2) has committed any of the offenses set forth in Section 5.64.060; or (3) is within the class of persons set forth in Section 5.64.060(E), (F) or (G), the chief of police may immediately suspend the license for a period not to exceed ninety (90) days.

B. If the licensee is charged by a federal, state, or local prosecuting attorney with a violation of any such law, the chief of police may suspend such license until the charges are dismissed or the licensee is found not guilty in a court of law. If the chief of police suspends a license pursuant to this provision, the licensee shall be provided an opportunity to present evidence to the chief or his or her designee that the pending charges are without legal merit. The chief's decision regarding whether to suspend a license pending the outcome of such charges shall be appealable by the licensee to the city council, at which proceeding the chief shall have the burden of proof to justify his or her decision by a preponderance of the evidence.

C. Notice of suspension shall be mailed, postage prepaid, to the last known mailing address of the licensee. (Ord. 2013-0018 § 8; prior code § 28.05.513)

Any and all investigating officials of the city shall have the right to enter the building and entire premises designated in the license from time to time during regular business hours to make reasonable inspections and to observe and enforce compliance with building, mechanical, fire, electrical, or plumbing regulations to the extent provided by law. Police department employees, as designated by the chief of police, may conduct compliance inspections to insure conformance with all federal, state, and local laws, and all provisions of this chapter. (Prior code § 28.05.514)

Any person lawfully engaging in the business of selling, leasing, or otherwise transferring any firearm or firearm ammunition on the effective date of the ordinance codified in this chapter shall have a period of ninety (90) days after such effective date to comply with the provisions of this chapter. (Prior code § 28.05.515)

The chief of police is authorized to promulgate such rules and regulations after noticed hearing as will enable the police department to effectuate the purposes of this chapter. Failure to comply with such rules and regulations, or with any other requirements imposed by this chapter, shall constitute grounds for revocation of licenses issued hereunder. (Prior code § 28.05.517)