Chapter 9.86
CONCEALABLE FIREARMS – RETAIL SALES
Sections:
9.86.040 Written applications – Fees.
9.86.050 Application – Investigation.
9.86.060 Application – Denial.
9.86.090 Permit – Conditions – Revocation.
9.86.100 Permit – Assigning prohibited.
9.86.110 Revocation for cause.
9.86.130 Permit – Appeal procedure.
9.86.150 Exemption of sales to government officers – Identification.
9.86.160 Enforcement of provisions.
9.86.010 Short title.
This chapter shall be known as “the concealable firearms – retail sale chapter.” (Ord. 1518 § 1, 1982.)
9.86.020 Definitions.
“Pistol,” “revolver,” and “firearm capable of being concealed upon the person,” as used in this chapter, mean “pistol,” “revolver,” and “firearm capable of being concealed upon the person,” as defined by the California Penal Code as said definition now reads or may hereafter be amended to read. (Ord. 1518 § 1, 1982.)
9.86.030 Permit – Required.
No person shall engage in the business of selling or otherwise transferring, or advertise for sale, or offer or expose for sale, or transfer any pistol, revolver or other firearm capable of being concealed upon the person, unless he has been issued a permit pursuant to the provisions of this chapter. (Ord. 1518 § 1, 1982.)
9.86.040 Written applications – Fees.
An application for a permit required by this chapter, or for the renewal thereof, shall be filed with the finance department; shall be in writing on forms provided by the city; shall be in duplicate; and shall be accompanied by a paid receipt issued by city for payment of the application fee. The application fee for the initial permit is in an amount that may be set from time to time by a resolution of the city council, and for a renewal permit is in an amount that may be set from time to time by a resolution of the city council. The application fee is established to cover part of the cost of investigation and processing an application and permit and is not refundable. Every application shall be verified as provided by the California Code of Civil Procedure for the verification of pleadings. In addition to the application form, any applicant for a permit shall submit the following information:
A. The full name and present address of applicant, and all persons having a financial or profit sharing interest in the business;
B. The two previous addresses immediately prior to the present address of applicant and the dates of residence at each;
C. Written proof that the applicant is over the age of 21 years;
D. Applicant’s height, weight, color of eyes and hair;
E. Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;
F. The business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action or suspension or revocation;
G. All convictions and the reasons therefor;
H. Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application, including such personal references as the department deems necessary;
I. Nothing contained herein shall be construed to deny to the police department the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the department to confirm the height and weight of the applicant. (Ord. 09-1975 § 1, 2009; Ord. 1518 § 1, 1982.)
9.86.050 Application – Investigation.
The police department may fingerprint any person applying for a permit required by this chapter. The police chief shall conduct an appropriate investigation of the applicant to determine whether the permit shall be issued. The police chief may require additional information of applicants which he deems necessary to conduct his investigation. The police chief may dispense with the investigation upon being furnished with an authenticated copy of a current permit issued by another governmental agency located in the county. (Ord. 1518 § 1, 1982.)
9.86.060 Application – Denial.
The permit shall be denied by the police chief if:
A. The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; or
B. The applicant has been convicted of any felony or misdemeanor involving the violation of any law or ordinance relating to the owning, carrying, sale, use or registration of any firearm or dangerous or deadly weapon; or
C. The applicant, his employee or agent has knowingly made any false or misleading statement of a material fact in the application for a permit; or
D. The applicant has had a similar type permit previously revoked for good cause within the past year unless the applicant can show a material change in circumstances since the date of revocation. (Ord. 1518 § 1, 1982.)
9.86.070 Permit – Form.
All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the state. (Ord. 1518 § 1, 1982.)
9.86.080 Permit – Duration.
All permits so issued shall expire:
A. One year after the date of issuance; or
B. Upon the cessation or change of location of business for which such permit is issued, whichever occurs sooner; provided, however, that such permits may be renewed for additional permits of one year upon the approval of the police chief. (Ord. 1518 § 1, 1982.)
9.86.090 Permit – Conditions – Revocation.
Any permit issued shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the police chief:
A. The business shall be carried on only in the building designated in the permit.
B. The permit or a copy thereof, certified by the police chief, shall be displayed on the premises where it can easily be seen by anyone patronizing the premises.
C. No pistol or revolver shall be delivered:
1. To anyone other than the purchaser thereof;
2. To the purchaser within 15 days of the application for the purchase;
3. To the purchaser unless he is personally known to the seller or presents clear evidence of his identity to the seller;
4. Unless it is unloaded and securely wrapped.
D. 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.
E. The applicant shall not conduct the business of selling or otherwise transferring, or advertise for sale, or offer or expose for sale, or transfer any pistol, revolver or other firearm in any residential zone of the city as designated pursuant to CMC Title 17. (Ord. 1518 § 1, 1982.)
9.86.100 Permit – Assigning prohibited.
The assignment or attempt to assign any permit issued under this chapter is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. (Ord. 1518 § 1, 1982.)
9.86.110 Revocation for cause.
A permit shall be revocable by the police chief for cause, which shall include, but shall not necessarily be limited to, violation of CMC 9.86.090 or falsification of information in the permit application. (Ord. 1518 § 1, 1982.)
9.86.120 Surrender of permit.
When a permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the police department. (Ord. 1518 § 1, 1982.)
9.86.130 Permit – Appeal procedure.
Any permit granted pursuant to the provisions of this chapter may be revoked or suspended by the police chief when in his opinion the applicant is violating any of the provisions of this chapter or applicable state law.
In the event that any such permit is revoked by the police chief, an appeal may be taken to the city council within 30 days after the date of said denial or revocation. If such an appeal is taken, it shall be by written notice of appeal, filed with the city clerk and served upon the police chief by the applicant. The city council shall set a day for hearing the appeal and shall designate the time and place where such hearing is to be held. A notice of said hearing shall be given the applicant by the city clerk for mailing the same to the last known address of said applicant not less than five days prior to the date set for hearing. At any such hearing, the applicant shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence on his behalf. The police chief or his representative shall attend the hearing. Upon conclusion of such hearing, the city council shall make findings and shall sustain or overrule, by a majority vote, the decision of the police chief. (Ord. 1518 § 1, 1982.)
9.86.140 Confidentiality.
The information furnished and secured pursuant to this chapter shall be confidential in character, shall not be subject to public inspection, and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter. (Ord. 1518 § 1, 1982.)
9.86.150 Exemption of sales to government officers – Identification.
The provisions of this chapter do not apply to sales of concealable firearms made to persons properly identified as full-time paid officers of a city police department, sheriff’s department, district attorney’s office, the California Highway Patrol, or the State Department of Justice, nor to sales of concealable firearms made to authorized representatives of cities, cities and counties, counties, or state or federal governments for use by such governmental agencies. Proper identification is defined as verifiable written certification from the head agency by which the purchaser is employed, identifying the purchaser and authorizing the purchase. The certification shall be delivered to the seller at the time of purchase and the purchaser shall identify himself as the person authorized in such certification. (Ord. 1518 § 1, 1982.)
9.86.160 Enforcement of provisions.
The conviction of any person for violation of the provisions of this chapter shall not relieve the person from paying the permit fee due and unpaid at the time of the conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. The amount of any permit fee shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent permit fee. (Ord. 1518 § 2, 1982.)