Chapter 5.55
SALE OF FIREARMS
Sections:
5.55.020 Application for license.
5.55.040 Issuance of license – Fee.
5.55.060 Licenses not transferable.
5.55.070 Expiration of license – Renewal.
5.55.010 License required.
A. Within the city, no person shall engage in the business of selling, transferring, advertising, offering or exposing for sale any pistol, revolver or other firearm capable of being concealed upon the person, unless that person has been issued a license as provided in this chapter.
B. The license requirement shall apply only to persons who are engaged in the business of selling, transferring, advertising, offering or exposing for sale concealable weapons. The question as to whether the person is “engaged in business” shall be resolved in light of the facts of each particular case. It is not intended that a license shall be required of a person, such as a hunter licensed by the state or a gun collector licensed by the federal government, who infrequently transfers a concealable weapon.
C. This chapter shall be interpreted in accordance with Part 4, Title 2, Chapter 1, Article 4 (commencing with Section 12070) of the Penal Code of California. (Ord. 393, § 1; 1976 Code § 5-11.01).
5.55.020 Application for license.
Written applications for a license under this chapter shall be filed with the chief of police upon forms to be provided. (Ord. 393, § 1; 1976 Code § 5-11.02).
5.55.030 Investigation.
A. Upon receipt of an application for a license under this chapter, the chief of police shall investigate the facts connected with the application and shall not approve of the application if:
1. The applicant is not of good moral character; or
2. The sale of firearms by the applicant would constitute a violation of any state law or provision of this code.
B. The chief of police shall also submit the application to the office of the city manager, who shall not approve of the application if the proposed location of the business is not in compliance with the Millbrae zoning ordinance. (Ord. 393, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-11.03).
5.55.040 Issuance of license – Fee.
If the application is approved by the chief of police and the office of the city manager, a license shall be issued in the form required by the attorney general. A fee in an amount to be established by a resolution of the city council shall be paid at the time of issuance of the license, for each place of business. (Ord. 393, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-11.04).
5.55.050 Conditions.
The license shall be subject to the conditions contained in Section 12071 of the Penal Code of California, and the conditions contained in this chapter. (Ord. 393, § 1; 1976 Code § 5-11.05).
5.55.060 Licenses not transferable.
A license conferred under this chapter shall not be transferable, either as to the licensee or the location of the business. (Ord. 393, § 1; 1976 Code § 5-11.06).
5.55.070 Expiration of license – Renewal.
A license issued under this chapter shall expire at the end of one year, but may be renewed by the holder for the period of one year upon payment of the fee specified in MMC 5.55.040, and upon submission of a written renewal application on forms to be provided. (Ord. 393, § 1; 1976 Code § 5-11.07).