San Rafael Municipal Code Ch. 8.38 Regulation of Firearms Dealers

For the purpose of this chapter, the words set forth in this section shall have the meaning assigned to them unless from the context it appears that a different meaning is intended:

(a) "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.

(b) "Firearms dealer" and "licensee" means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).

(Ord. 1746 § 2 (part), 1999).

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the police chief or his or her designee.

(Ord. 1746 § 2 (part), 1999).

(a) An applicant for a permit or renewal of a permit under this chapter shall file with the police chief an application in writing, signed under penalty of perjury, on a form prescribed by the police chief. 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 any ownership in, or control over, the business, if any;

(4) The names, ages and addresses of 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 8.38.040 of this chapter;

(7) Proof of compliance with any applicable city zoning requirements;

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

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

(10) Applicant's agreement to indemnify, defend and hold harmless the city, 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 wilful 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 processing and administration fee, in an amount to be set by the city council by resolution, as provided in Chapter 3.34 of this code.

(Ord. 1746 § 2 (part), 1999).

The police 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 police chief shall require an applicant, or any officer, agent or employee thereof, 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 police chief, and any other additional information which the police chief considers necessary to complete the investigation.

(Ord. 1746 § 2 (part), 1999).

In addition to other requirements and conditions of this chapter, a permit by the police chief is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the police 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 applicable city ordinance regulating the permissible locations of gun shows.

(b) The police 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 where the firearm sales activity is the primary business performed at the site.

(Ord. 1746 § 2 (part), 1999).

Firearms dealers must comply with California Penal Code § 12071(b)(14), which provides that 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; or

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

(Ord. 1746 § 2 (part), 1999).

(a) No permit issued by the police chief shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the city's risk manager and executed by an insurance company approved by the city, 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 dollars ($1,000,000.00) for each incident of damage to property or incident of injury or death to a person.

(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 city's risk manager 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.

(Ord. 1746 § 2 (part), 1999).

(a) The police chief may issue a permit to the applicant if he or she finds that the applicant complies with all applicable federal, state and local laws including but not limited to, the state Penal Code, the city Building Code, the city Fire Code, and the city zoning ordinance.

(b) A permit issued by the police 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 renewal fee in the amount set by resolution of the city council as provided in Chapter 3.34 of this code. The renewal application and the renewal fee must be received by the police chief 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 8.38.067.

(Ord. 1746 § 2 (part), 1999).

The police chief shall deny the issuance or renewal of a permit when one or more of the following conditions exist:

(a) The applicant has not complied with the requirements of this chapter or, has violated the provisions of Section 8.37.060 of this code pertaining to prohibited activity in connection with the sale, display or transfer of "Saturday night specials."

(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 and control of firearms has had a license or permit to sell, lease, transfer, purchase or possess firearms 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 and control over firearms has made a false or misleading statement of a material fact or omission of a material fact in the application for the 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 and 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, as it now reads or may hereafter be amended to read.

(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 regulating the sale of saturday night specials, or the locations of permitted sales, if any, at gun shows.

(Ord. 1746 § 2 (part), 1999).

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

(Ord. 1746 § 2 (part), 1999).

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

(b) Within ten 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 police 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 police chief shall set a time and place for the hearing within thirty (30) days.

(c) The decision of the police chief shall be in writing within ten days of the hearing. An applicant may appeal the decision of the police chief to the city manager or his or her designee in the manner provided by the resolution adopted by the city council which addresses this appeal process.

(Ord. 1746 § 2 (part), 1999).

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

(Ord. 1746 § 2 (part), 1999).

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.

(Ord. 1746 § 2 (part), 1999).

(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 dollars ($500.00) or by imprisonment not exceeding six 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.

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

(c) In addition to any other penalty or remedy, the city attorney may commence a civil action to seek enforcement of the provisions of this chapter.

(Ord. 1746 § 2 (part), 1999).