San Jose Municipal Code Part 1 Application Procedures

A. The City of San José is authorized to impose licensing requirements on the business of selling, leasing and transferring firearms and firearms ammunition at retail in addition to those required by state law.

B. It is the purpose and intent of the City Council to regulate the retail sale of firearms and ammunition in the City in the interest of public health, safety and welfare. These provisions will include the following license requirements that were not part of Part 3 of Chapter 10.3 of the San José Municipal Code: video and audio recording of all firearm and ammunition transactions to deter the sale, lease, or transfer of firearms and ammunition to "straw purchasers" and related video surveillance to enhance premises security and deter straw transactions from occurring on or near the business premises; training for staff who are conducting the transactions; an annual inventory; display of suicide prevention, domestic violence, and local gun law information; and a prohibition on the sale of firearms and firearm ammunition within or from a residence.

(Ord. 30617.)

The definitions set forth in this Part shall govern the application and interpretation of this Chapter.

(Ord. 30617.)

"Chief of Police" means the Chief of Police of the City of San José or his or her authorized designee.

(Ord. 30617.)

"Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion. Firearm does not include antique firearms as defined by 18 U.S.C. Section 921(a).

(Ord. 30617.)

"Firearm Ammunition" means:

1. One or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles; or

2. Any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a Firearm with a deadly consequence.

3. Ammunition includes any component of Firearm Ammunition referenced in paragraphs (1) and (2) above.

4. Ammunition does not include blanks.

(Ord. 30617.)

"Firearm Business License" means a license to engage in the business of selling, leasing, or otherwise transferring any Firearm or Firearm Ammunition at retail. For purposes of this Chapter, the sale, lease or otherwise transferring any Firearm or Firearm Ammunition shall include the offering or exposing for sale, lease, or otherwise transferring any Firearm or Firearm Ammunition at retail.

(Ord. 30617.)

"Licensee" means the holder of a Firearm Business License issued by the Chief of Police.

(Ord. 30617.)

State Firearm Law means Part 6 of the California Penal Code, Control of Deadly Weapons, Penal Code Sections 16000, et seq.; the regulations promulgated thereunder by the California Department of Justice; and the actions, orders and decisions of the California Department of Justice pertaining to the control of deadly weapons.

Any reference to the California statutory law and regulations promulgated thereunder, including, but not limited to Part 6 of the California Penal Code, is deemed to include any successor or amended version of the referenced statute or regulatory provision.

(Ord. 30617.)

No person shall engage in the business of selling, leasing or otherwise transferring any Firearm or Firearm Ammunition at retail without first having obtained a Firearm Business License from the Chief of Police. A Firearm Business License shall be required for each location where selling, leasing or otherwise transferring such Firearm or Firearm Ammunition at retail takes place.

(Ord. 30617.)

The provisions of this Chapter shall not apply to those sales, leases, or other transfers of firearms at retail that are exempt from state license requirements under State Firearm Law.

(Ord. 30617.)

A. Except as set forth below, any person engaging in the business of selling, leasing or transferring any Firearm or Firearm Ammunition on the effective date of this Chapter, or any amendments thereto, shall have a period of ninety (90) days after such effective date to comply with the provisions of this Chapter, or any amendments thereto.

B. A valid concealable firearms dealer permit issued pursuant to Part 3 of Chapter 10.32 of the San José Municipal Code prior to the effective date of this ordinance shall remain in effect for one (1) year from the date of its issuance. Such Licensees shall apply for a Firearm Business License at least ninety (90) days prior to the expiration of the concealable firearms dealer permit.

(Ord. 30617.)