San Anselmo Municipal Code Art. 1 Regulation of Firearms Dealers

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by force of explosion or other means of combustion.

(§ 1, Ord. 1011, eff. April 13, 2000)

"Firearm dealer" and "licensee," as used in this article, mean any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).

(§ 1, Ord. 1011, eff. April 13, 2000)

"Police" or "Police Department" as used in this chapter shall mean the Town of San Anselmo Police Department. "Chief" as used in this chapter shall mean the Chief of Police or his designee. "Sheriff" as used in this chapter shall mean the Marin County Sheriff or his designee.

(§ 1, Ord. 1011, eff. April 13, 2000)

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued in accord with this Article 1.

(§ 1, Ord. 1011, eff. April 13, 2000)

(a) An applicant for a permit or renewal of a permit under this chapter shall file with the Chief an application in writing, signed under penalty of perjury, on a form prescribed by the Town. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including:

(1) The name, including any aliases or prior names, age and address of the applicant;

(2) The applicant's Federal Firearms License and California Firearms Dealer numbers;

(3) The address of the proposed location for which the permit is required, together with the business name, and the name of any corporation, partnership or association that has ownership in, or control over, the business, if any;

(4) The names, ages and addresses of:

(i) All persons who will have access to or control of workplace firearms, including but not limited to, the applicant's employees, agents and/or supervisors, if any;

(5) Proof 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;

(6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions as outlined in Section 4-18.07 of this chapter;

(7) Proof of compliance with all federal and state licensing laws;

(8) Information relating to every license or permit to sell, lease, transfer, purchase, or possess firearms sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of application; whether each application resulted in the issuance of a license and the date and circumstances of any revocation or suspension;

(9) Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revocation;

(10) Applicant's agreement to indemnify, defend and hold harmless the Town, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any manner out of the applicant's negligence or intentional or willful misconduct;

(11) Certification of satisfaction of insurance requirements;

(12) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.

(b) The application shall be accompanied by a nonrefundable fee of Five Hundred and no/100ths ($500.00) Dollars for administering this chapter. The fee may be increased by resolution of the Town Council upon evidence of the actual cost of administering the application. The Council finds that the Five Hundred and no/100ths ($500.00) Dollar fee is reasonable and proper for administering this chapter.

(§ 1, Ord. 1011, eff. April 13, 2000)

The Chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The Chief shall require an applicant, or any officer, agent or employee thereof, that will have access to or control of firearms to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the Chief, and any other additional information which the Chief considers necessary to complete the investigation.

(§ 1, Ord. 1011, eff. April 13, 2000)

In addition to other requirements and conditions of this chapter, a permit by the Chief is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the Chief:

(a) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event that is authorized by federal, state and local law upon compliance with that law and upon compliance with any Town of San Anselmo ordinance regulating the permissible locations of gun shows;

(b) The Chief's permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily seen;

(c) The applicant shall not permit any person under eighteen (18) years of age to enter or remain within the premises without being accompanied by the parent, grandparent, or legal guardian for the minor child where the firearm sales activity is the primary business performed at the site;

(d) This subsection (d) rescinded on January 1, 2002, the effective date of AB 106.

(§ 1, Ord. 1011, eff. April 13, 2000)

Firearms dealers must comply with California Penal Code Section 12071(b)(14) which provides at any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the following methods as to each particular firearm:

(a) Store the firearm in a secure facility as defined by Penal Code Section 12071(c)(3) that is part of, or that constitutes, the licensee's business premises;

(b) Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises;

(c) Store the firearm in a locked fireproof safe or vault on the licensee's premises.

(§ 1, Ord. 1011, eff. April 13, 2000)

(a) No permit issued by the Chief shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the Town and executed by an insurance company approved by the Town, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than One Million and no/100ths ($1,000,000.00) Dollars for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the Town Attorney if deemed appropriate in his or her sole discretion.

(b) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the Town Administrator at least thirty (30) days prior to the time the cancellation becomes effective.

(c) Upon expiration of a policy of insurance and if no additional insurance is obtained immediately, the permit is considered canceled without further notice.

(§ 1, Ord. 1011, eff. April 13, 2000)

(a) The Police Department may grant a Chief's permit to the applicant if it finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the State Penal Code, Town Building Code, fire, zoning and planning codes.

(b) A permit issued by the Chief expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable Twenty-five and no/100ths ($25.00) Dollars renewal fee. The renewal application and the renewal fee must be received by the Police department no later than forty-five (45) days before the expiration of the current permit.

(c) A decision regarding issuance or renewal of a permit may be appealed in the manner provided pursuant to Section 4-18.12.

(§ 1, Ord. 1011, eff. April 13, 2000)

The Chief shall deny the issuance or renewal of a Chief's permit when one or more of the following conditions exist:

(a) The applicant has not complied with the requirements of this chapter;

(b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under twenty-one (21) years of age;

(c) The applicant is not licensed as required by federal and state law;

(d) The applicant or any officer, employee or agent thereof who will have access to or control of firearms has had a license or firearms permit to sell, lease, transfer, purchase or possess from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five (5) years;

(e) The applicant or any officer, employee or agent thereof who will have access to or control over firearms has made a false or misleading statement of a material fact or omission of a material fact in the application for a police permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five (5) years;

(f) The applicant or any officer, employee or agent thereof who will have access to or control over firearms has been convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code Section 12021,

(2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon,

(3) An offense involving the use of force or violence upon the person of another with a deadly weapon,

(4) Any felony, misdemeanor burglary or misdemeanor fraud,

(5) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code;

(g) The applicant or any officer, employee, or agent thereof who has control over firearms is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103;

(h) The applicant or any officer, employee, or agent thereof who has control over firearms is currently, or has been within the past five (5) years, an unlawful user of a controlled substance as defined by the Health and Safety Code;

(i) The operation of the business as proposed would not comply with federal, state or local law.

(§ 1, Ord. 1011, eff. April 13, 2000)

In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial of a Chief's permit also constitute grounds for revocation.

(§ 1, Ord. 1011, eff. April 13, 2000)

(a) A person whose application for a permit is denied or revoked by the Chief has the right to a hearing before the Chief before final denial or revocation.

(b) Within ten (10) days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the Chief. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the Chief should set a time and place for the hearing within thirty (30) days.

(c) The decision of the Chief shall be in writing within ten (10) days of the hearing. An applicant may appeal the decision of the Chief to the Town Manager or his designee.

(§ 1, Ord. 1011, eff. April 13, 2000)

A Chief's permit issued under this chapter is not assignable. An attempt to assign a Chief's permit renders the permit void.

(§ 1, Ord. 1011, eff. April 13, 2000)

A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty (60) days after the effective date, comply with this chapter and any amendment to it.

(§ 1, Ord. 1011, eff. April 13, 2000)

Every holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by this chapter on the licensed premises and in the manner prescribed herein. The record shall show:

(a) The date of the transaction;

(b) The purchaser's name, address and date of birth;

(c) The purchaser's driver's license number or other identification and state where issued;

(d) The brand of ammunition purchased;

(e) The type and amount of ammunition purchased; and

(f) The purchaser's signature.

(g) Log of Ammunition Sales. The information required by this subsection 4-18.15(g) shall be completed in the logbook at the time of the purchase. Such information shall be recorded in the following format:

AMMUNITION SALES REGISTRATION LOG STORE:

(1) The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on the licensed premises of the business licensee for a period of two (2) years following the date of the purchase of the ammunition.

(2) At the direction of the Chief, Town of San Anselmo Police officers may enter the premises of any licensed vendor of ammunition during regular business hours for the purpose of examining or inspecting any record required by this chapter.

(3) Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range licensed to do business in the Town of San Anselmo when the ammunition so purchased is expended on the premises of the range and not removed for use outside the range premises.

(§ 1, Ord. 1011, eff. April 13, 2000)

(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person.

(1) The Marin County District Attorney is hereby designated as the prosecuting agency for violations of this article whenever such violations are to be charged as misdemeanors.

(b) Any person found to be in violation of this chapter shall be subject to the revocation of his or her law enforcement permit to sell, lease or transfer firearms.

(c) In addition to any other penalty or remedy, the County Counsel or Town Attorney may commence a civil action to seek enforcement of these provisions.

(§ 1, Ord. 1011, eff. April 13, 2000)