Santa Barbara County Municipal Code Ch. 14B Firearms—handguns

As used in this chapter the term firearm means any of the following:

(a) A pistol, revolver, and firearm capable of being concealed upon the person, as defined in subdivision (a) of section 12001 of the Penal Code;

(b) Any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion as defined in subdivision (b) of section 12001 of the Penal Code;

(c) The term firearm includes the frame or receiver of any such weapon;

(d) For purposes of this chapter the term firearm does not include an unloaded firearm which is defined as an antique firearm in section 921(a)(l6) of title 18 of the United States Code or a curio or relic, as defined in section 178.11 of title 27 of the Code of Federal Regulations.

(Ord. No. 2721, § 1; Ord. No. 3903, § 1)

The purpose and intent of this chapter is to designate the tax collector of the County of Santa Barbara as the duly constituted licensing authority to grant licenses permitting an applicant to sell firearms in the unincorporated area of this county, pursuant to title 2, chapter 1, article 4 of the California Penal Code.

(Ord. No. 2721, § 1; Ord. No. 3903, § 2)

Application for a license to sell firearms shall be made and conducted in the following manner:

Application for license effective for one year from the date of issue shall be on forms made available by the tax collector and prescribed by the attorney general of the State of California.

(Ord. No. 2721, § 1; Ord. No. 3903, § 3)

Notwithstanding any provision in this Code to the contrary, upon payment of the fee fixed therefor in section 22-74 (Handgun dealers), the tax collector shall issue and renew a license to sell firearms in the form prescribed by the attorney general of the State of California pursuant to Penal Code, section 12071 if, and only if, all the following conditions are satisfied:

(a) The applicant is eighteen years of age, or over;

(b) The applicant has not been convicted of any crime involving the illegal use or possession of any weapon described in Penal Code section 12020 or Penal Code section 12022;

(c) The applicant has not been adjudicated a mentally incompetent person or has not been adjudicated to be a member of a class of persons subject to proceedings pursuant to the Lanterman-Petris-Short Act contained in section 5001, et seq. of the Welfare and Institutions Code;

(d) The applicant has not wilfully failed to disclose any material information required in the application;

(e) The applicant has not made any false statement as to any material fact in connection with the application;

(f) The applicant is not in violation, at the time of issuance or renewal of the license, of any of the provisions of this chapter, or of any conditions contained in any license to sell handguns previously issued to the applicant pursuant to this chapter, or contained in Penal Code section 12071; and

(g) The sale of firearms at the locations specified in the application is not prohibited by any provision of the zoning laws or ordinances of the county.

(Ord. No. 2721, § 1; Ord. No. 3903, § 4)

The tax collector shall approve or deny the application for the license to sell firearms within a thirty-day period commencing on the date such application is received. The tax collector shall provide the applicant with written notice of the grounds for his intended denial pursuant to section 22-53 of this Code. If the tax collector fails to act within the thirty-day period specified in this section, the applicant may request a hearing pursuant to division 4 of chapter 22 of this Code.

(Ord. No. 2721, § 1; Ord. No. 3903, § 5)

(a) The tax collector shall revoke a license to sell firearms if the licensee violates any condition contained in this chapter, in Penal Code, section 12071 or in the license sought to be revoked.

(b) The tax collector shall notify the licensee in writing of such revocation. The notice shall specify the grounds for revocation and the right of the licensee to apply for a hearing before the board within five days after receipt of such notice.

(c) If the tax collector revokes a license, the effective date of such revocation shall be stayed until notice by the clerk of the board of the determination following any hearing requested by the licensee pursuant to division 4 of chapter 22 of this Code.

(Ord. No. 2721, § 1; Ord. No. 3903, § 6)