San Marcos Municipal Code Ch. 5.60 Firearms

No person shall shoot, fire or discharge any pistol, revolver, gun, rifle or other firearm or device fired or discharged by explosives within the City except in defense of a person or property or on a City-approved range.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall discharge any air gun, slingshot or bean shooter, or throw, hurl, heave or propel any sharp pointed missile, dart or arrow upon any public street, sidewalk or public gathering place within the City.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall sell to any person under 18 years of age, any dart, arrow or sharp pointed missile.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

It shall be unlawful for any person to sell at retail, pistols, revolvers and other firearms capable of being concealed upon the person, and hereinafter referred to as concealable weapons, unless such seller has been issued a license by the City Clerk of the City of San Marcos and provided in this chapter.

(a)

Application. Application for a license shall be made by the seller to the City Clerk on forms supplied by the City Clerk. Every applicant shall submit to fingerprinting, which fingerprints will be sent to the Federal Bureau of Investigation, Identification Division, and to the

State of California Bureau of Criminal Identification and Investigation for examination, comparison and recording. The City Clerk shall send a copy of the application to the City Building Official. The Building Official shall determine whether the structure, in which the proposed business is to be conducted, meets building code requirements and whether the proposed business conforms to the applicable zoning laws. Upon completion of his investigation, the Building Official shall report to the City Clerk, who shall report to law enforcement the findings of such examination. Upon receipt of the Building Official's report of findings upon completion of his own investigation of the applicant, law enforcement shall recommend approval or denial of the license. Such recommendation to the City Clerk, who shall issue or deny the license according to law enforcement recommendation. The business licensed by this chapter shall be carried on only in the building designated in the license.

(b)

License Fee. The applicant shall play a nonrefundable fee for said license the sum of $25.00 to be paid at the time application for the license is made and an annual business license fee as set forth in the business license ordinance to be paid upon approval of the application by the City Clerk. The fee established by the City Clerk shall defray the cost of investigation and issuance of said license.

(c)

Form and Term of License. The license shall be in a form prescribed by the City Clerk and the Attorney General and shall be effective for not more than one year from the date of issuance.

(d)

Display of License. The license, or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.

(e)

License Renewal. Said license may be renewed by the seller by making application to the City Clerk not less than 30 days prior to the expiration of the license. All provisions of this section relating to any original license shall apply equally to the renewal of a license.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

If a dealer, licensed by this chapter to sell firearms, shall have offered to him for purchase or for acceptance in trade a used or second- hand concealable weapon, he shall first obtain from the person offering such weapon the following information:

(a)

Name, address, and physical description of such person.

(b)

The description and license number of the vehicle, if any, being driven by such person.

(c)

The caliber, manufacturer's name, description, serial number or numbers, initials or other identifying marks of the weapon.

(d)

Such other information which may be required by law enforcement.

The information shall be recorded on forms furnished and approved by the City Clerk and law enforcement. At the end of each week such dealer shall file with law enforcement such completed form with respect to each second-hand concealable weapon purchased or taken in trade during such week by such dealer.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No concealable weapons shall be delivered:

(a)

Within five days of the application for the purchase thereof; nor

(b)

Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity. When delivered, such concealable weapon shall be unloaded and securely wrapped.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

No person shall appear in any street, alley, sidewalk, parkway, or any other public place or place open to public view while carrying upon his or her person, or having in his or her immediate possession, any dangerous or deadly weapon.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)

The restrictions contained in the preceding section shall not be deemed to prohibit the bearing of, or having possession of, ordinary tools or equipment carried by any person in connection with his or her trade, employment, business or profession, or for the purpose of legitimate sport or recreation.

(Ord. 88-779, 4-12-88; Ord. No. 2017-1451, § 2, 10-24-2017)