San Leandro Municipal Code Art. 4 Certification Requirements for Employees of Firearms Dealers

(Legislative History: Ordinance No. 96-012, 9/3/96 (Sections 4-14-400 — 4-14-480))

The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

"Applicant"

shall mean any person applying for a certification pursuant to this Article.

"Certification"

shall mean the receipt of a document issued to the employee by the Chief of Police, signifying that the employee has met the requirements of this Article.

"Chief of Police"

shall mean the Chief of Police of the City of San Leandro, or authorized designee.

"Employee"

shall mean a person who is employed by a firearms dealer, and who assists in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

"Engaged in the business"

shall mean the conduct of a business by the selling, transferring, or leasing of any firearm; or the preparation for such conduct of business; or the holding of one's self out as engaged in the business of selling, transferring, or leasing of any firearm, or the selling, transferring, or leasing of firearms in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

"Firearm"

shall mean any device, designed to be used as a weapon or modified 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.

"Firearms dealer"

shall mean a person engaged in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

"Person"

shall mean natural person, association, partnership, firm, or corporation.

It shall be unlawful for any employee to sell, transfer, or lease, or advertise for sale, transfer or lease, or offer for sale, transfer, or lease, any firearm without first obtaining a certification from the Chief of Police except for the interim period provided in Section 4-14-470 for persons who are employees as of the effective date of this Article.

An applicant for a certification under this Article shall file with the Chief of Police a sworn application in writing, on a form to be furnished by the City. The Chief or Police may require additional information of an applicant reasonably necessary to complete the investigation. The applicant shall provide all information reasonably requested, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee as set forth in the City of San Leandro license/permit fee schedule. To the extent practicable, the fee amount shall reflect the cost of enforcing the requirements of this Article 4.

The Chief of Police shall conduct an appropriate investigation to determine for protection of the public health, safety and welfare whether the certification may be issued. Such determination shall be made within 15 days of the receipt of a completed application.

The Chief of Police shall deny the issuance of a certification when any of the following conditions exist:

(a) The applicant, or employee, is under the age of 21 years.

(b) The applicant, or employee, has made a false or misleading statement of a material fact, or an omission or a material fact in the application for a certification.

(c) The applicant, or employee, has been convicted of:

(1) Any offense so as to disqualify the applicant, or employee, from owning or possessing a firearm under applicable Federal, State, and local laws.

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

(3) Any felony offense involving the use of force or violence upon the person of another.

(4) Any felony 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 & Safety Code as said definition now reads or may hereafter be amended to read.

(d) The applicant, or employee, is an unlawful user of any controlled substance as defined by the California Health & Safety Code as said definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use would impair his or her fitness to be a seller of firearms.

(e) The applicant, or employee, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which, without a reasonable accommodation, would impair his or her fitness to be a seller of firearms.

In addition to any provisions contained in this Article, any circumstances constituting grounds for denial shall also constitute grounds for revocation.

(a) Any person whose application for a certification under this Article has been denied, or whose certification has been revoked pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police prior to final denial or prior to revocation.

(b) The Chief of Police shall give the applicant or employee written notice of the intent to deny the application or to revoke the certification. The notice shall set forth the ground(s) for the Chief of Police's intent to deny the application or to revoke the certification, and shall inform the applicant or employee that he or she has 10 days from the date of receipt of the notice to file a written request for a hearing. The application may be denied or the certification revoked if a written hearing request is not received within the 10 day period.

(c) If the applicant or employee files a timely hearing request, the Chief of Police shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross examine any witnesses against them. The decision of the Chief of Police whether to deny the application or revoke the certification is final and non-appealable.

Any employee as of the effective date of this Article shall have a period of 90 days after such effective date to submit an application for certification to comply with the provisions of this Article. All other persons shall obtain the certification required by this Article prior to becoming an employee.

This Article shall be enforced to the full extent of the authority of the City of San Leandro. If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City of San Leandro, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words of this Article, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable.