Chapter 9.35
FIREARMS1
Sections:
9.35.010 Findings and purpose.
9.35.020 Definitions.
9.35.030 Police permit required for firearms sales.
9.35.040 Police permit – Application.
9.35.050 Investigation by police – Determination time frame.
9.35.060 Grounds for permit issuance.
9.35.070 Denial of permit.
9.35.080 Process for approval – Appeals and calls for review.
9.35.090 Annual report required.
9.35.100 Revocation of permit.
9.35.110 Conditions of approval for a permit.
9.35.120 Reserved.
9.35.130 Permits not assignable.
9.35.140 Compliance by existing firearms sellers.
9.35.150 Authority to inspect.
9.35.160 Violations.
9.35.170 Reserved.
9.35.180 Discharging prohibited.
9.35.190 Reserved.
9.35.200 Exceptions.
9.35.210 Rules and regulations.
9.35.220 Severability clause.
9.35.010 Findings and purpose.
A. Findings.
1. Regulation of the sale, transfer, lease, or offer for sale or lease, of firearms or ammunition is necessary to protect the public health, safety and welfare.
2. Federal regulation of firearms dealers and ammunition sellers currently is inadequate to protect the public safety.
3. The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) reported in 2007 that it inspects each federal firearms licensee, on average, only once every 17 years.2
4. Federal laws are silent regarding many important aspects of the dealer’s business, such as its location and security requirements during business hours. This leaves dealers free to operate out of their homes and near schools and other places children frequent.
5. According to a 1998 ATF random sample of federal firearms licensees nationwide, 56% of all dealers operated out of their homes and 19% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores.3
6. California is among a minority of states that impose licensing requirements on firearms dealers, but the standards are minimal.4
7. The California Court of Appeal in Suter v. City of Lafayette, 57 Cal.App.4th 1109 (1997) held that state law authorizes local governments in California to impose additional licensing requirements on firearms dealers.5
8. Federal firearms licensees are required by federal law to comply with all state and local dealer laws as a condition for retaining their federal licenses.6
9. The International Association of Chiefs of Police recommends that local governments impose their own licensing requirements on firearms dealers because local requirements can respond to specific community concerns, and local review of licensees “would bring additional resources to identify and stop corrupt dealers.”7
10. A 2009 study found that cities in states that comprehensively regulate retail firearms dealers and cities where these businesses undergo regular compliance inspections have significantly lower levels of gun trafficking than other cities.8
11. No federal or California law imposes security requirements on firearms dealers during business hours or requires firearms dealers or ammunition sellers to install burglar alarms or surveillance cameras. California law explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law.9
12. No federal or California law requires agents and employees of firearms dealers or ammunition sellers to undergo background checks. California law explicitly permits local jurisdictions to require firearms dealers to perform such background checks.10
13. No federal or California law requires firearms dealers to obtain liability insurance or prohibits firearms dealers or ammunition sellers from operating in residential neighborhoods or near schools, daycare centers, or parks.
14. California law requires firearms dealers to report the loss or theft of any firearms within 48 hours of discovery to the local law enforcement agency where the dealer’s business premises are located, but does not otherwise require dealers to provide inventory reports to local law enforcement agencies.11
15. Federal law prohibits possession of ammunition by the same categories of persons it prohibits from possessing firearms.12
16. California law requires persons who sell, loan or transfer firearms within California to obtain a license, but does not require persons who sell, loan or transfer ammunition to do so.13
B. Purpose. By enacting this chapter, the city council is establishing a local program for the license and regulation of the sale, lease or transfer of firearms and ammunition. The provisions of this chapter are not intended to contradict or duplicate any applicable state or federal law. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.020 Definitions.
For the purposes of this chapter, any reference to a state or federal statute includes any amendments or renumbering that may be enacted from time to time. For the purposes of this chapter, the words, terms and phrases as defined in this section shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning is intended:
A. Antique firearm shall have the same definition as provided in 18 U.S.C. 921(a)(16).
B. Ammunition shall have the same definition as provided in California Penal Code section 16150 and includes handgun ammunition as defined in Penal Code section 16650, but does not include blanks, blank cartridges or ammunition that can be used solely in an antique firearm.
C. Chief of police shall mean the chief of police of the city of Pleasant Hill, California.
D. City shall mean the city of Pleasant Hill, California.
E. Engage in the business shall mean the conduct of a business by the selling, leasing, or transferring of any firearm or ammunition in quantity, in series or in individual transactions, or in any other manner indicative of trade.
F. Entity shall mean any individual, sole proprietorship, business enterprise, corporation, limited liability company or publicly traded corporation operated for profit, or a nonprofit organization engaged in business activities, such as a cooperative.
G. Firearm shall have the same definition as provided in California Penal Code sections 16520 and 11460.
H. Firearm sales shall mean the sale, transfer, lease, or offer for sale or lease, of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition.
I. Permit shall mean a police issued permit to engage in the business of firearms sales in the city pursuant to the provisions of this chapter.
J. Secure facility shall mean a building that meets all of the following specifications:
1. All perimeter doorways shall meet one of the following requirements:
a. A windowless steel security door equipped with both a deadbolt and a doorknob lock.
b. A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
c. A metal grate or similar device that is padlocked and affixed to the premises independent of the door and doorframe.
2. All operable windows are covered with steel bars.
3. Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
4. Any metal grates have spaces no larger than six inches wide measured in any direction.
5. Any metal screens have spaces no larger than three inches wide measured in any direction.
6. All steel bars shall be no further than six inches apart.
7. A deviation from the requirements of this section may be approved by the chief of police upon consultation with the city’s chief building official if, in the opinion of the chief of police, the level of security provided by the alternative feature(s) is sufficient to meet the public safety objectives of this section. The chief of police’s determination under this section is not appealable but must be reviewed and re-evaluated by the chief of police upon the receipt of each annual report made pursuant to PHMC § 9.35.090. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.030 Police permit required for firearms sales.
It shall be unlawful for any entity to engage in the business of firearm sales in the city unless said entity obtains and maintains a permit issued by the chief of police as required by this chapter. This requirement is in addition to the requirement for obtaining and maintaining a city-issued business license and any and all required federal and state permits and licenses. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.040 Police permit – Application.
A. An applicant for a permit under this chapter shall file with the chief of police an application in writing, signed under penalty of perjury, on a form prescribed by the city. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including the following:
1. The name, age, street address, telephone number and email address of the applicant.
2. The street address, business name, email address and telephone number of the proposed location for which the permit is required.
3. Reserved.
4. Evidence of compliance with applicable zoning regulations.
5. A floor plan of the proposed business which illustrates the applicant’s intended security measures to comply with all applicable state and federal laws and the regulations and conditions set forth in this chapter.
6. Proof of compliance with all applicable federal and state laws and regulations relating thereto.
7. Reserved.
8. Information relating to every revocation or denial of a license or permit relating to firearms held by the applicant, including, but not limited to, date and circumstances of any revocation.
9. Reserved.
10. Proof of satisfaction of insurance requirements as provided in PHMC § 9.35.110.D.
11. Whether the applicant, each officer of the entity and any person who will be engaged in the business of firearm sales in the city, by or on behalf of the applicant, has been convicted of any of the following types of offenses:
a. An offense which disqualifies or disqualified for a period of time the individual from owning or possessing a firearm under federal, state or local law;
b. An offense relating to the manufacture, sale, possession, use or registration of a firearm, or dangerous or deadly weapon as defined by the California Penal Code;
c. An offense involving the use of force or violence upon another person;
d. An offense involving theft, fraud, dishonesty or deceit;
e. An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code and regulations promulgated thereunder.
12. Reserved.
13. Proof of a current and valid certificate of eligibility (“COE”) issued by the California Department of Justice (“DOJ”) for the applicant and each person who will be engaged in the business of firearm sales in the city, by or on behalf of the applicant.
14. Affirmation by the applicant as follows:
I declare under penalty of perjury that the information contained herein is true and correct to the best of my knowledge. Further, I have read, understand, and will comply with applicable provisions of California Penal Code Part 6, Title 4 and regulations promulgated by the State of California relating to the sale, lease, or transfer of firearms; relating to recordkeeping, background checks, and fees relating to sale, lease, or transfer of firearms; and related to the sale, supply, delivery or transfer of ammunition. I understand that any false statement or omission of material information in connection with this application may be punished as provided by law, including civil and criminal sanctions, and may subject the applicant to a denial of permit, or the suspension, limitation, or revocation of any permit granted hereunder.
B. The application shall be accompanied by a nonrefundable fee, not to exceed $102.00, for administering this chapter. Such fee shall be established by city council resolution. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.050 Investigation by police – Determination time frame.
A. The chief of police or his or her designee shall conduct a review of the application and an appropriate investigation of the applicant to determine compliance with the provisions of this chapter.
B. Within 45 days following receipt of a fully completed application, the chief of police shall mail to the applicant, by overnight mail, a written notice of intent to grant or deny the application, complete with recitation of the grounds for the intent to grant or deny the application.
C. The chief of police shall conduct a background check of any person who will be engaged in firearm sales in the city. Any person who will be engaged in firearm sales in the city, prior to engaging in such sales, shall first submit directly to the Pleasant Hill police department a complete set of fingerprints. Notwithstanding any other provision of this chapter, failure of a person to submit a complete set of fingerprints to the Pleasant Hill police department will not be cause for denial or revocation of a permit issued under this chapter so long as that person will not be engaged in firearm sales in the city. The chief of police may not charge a fee for any background check performed under this subsection. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.060 Grounds for permit issuance.
A. The chief of police shall grant a permit to the applicant if he or she finds:
1. The applicant is in compliance with all applicable federal and state laws relating to firearm sales and the provisions of this chapter;
2. The applicant has all required federal, state and local permits and licenses; and
3. None of the conditions for denial or revocation as set forth in this chapter are present.
B. Such permit shall be conditioned on the applicant’s compliance with all city codes. If the permit is granted, no entity shall engage in the business of firearm sales until all applicable appeal periods have expired, unless such entity was lawfully engaged in the business of firearm sales on the effective date of this chapter. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.070 Denial of permit.
A. The chief of police shall deny the issuance of a permit if one or more of the following conditions exist:
1. The applicant or any officer of applicant’s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city, is under 21 years of age.
2. The applicant is not licensed as required by federal, state and local law or has failed to provide a copy of his or her valid licenses.
3. The applicant, any officer of applicant’s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city has had a firearms permit or license previously revoked or denied for good cause within the immediately preceding two years prior to the date of application.
4. The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the application for a permit under this chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of two years from the date of denial.
5. The applicant has failed to fully comply with the application requirements or the applicant, any officer of applicant’s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city fails or refuses to provide clear evidence of his or her identity, or any other information required pursuant to the provisions of this chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of one year from the date of denial.
6. The applicant, any officer of applicant’s entity, or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city, has been convicted of:
a. An offense which disqualifies or disqualified for a period of time the individual from owning or possessing a firearm under federal, state or local law;
b. An offense involving the use of force or violence upon the person of another;
c. An offense involving theft, fraud, dishonesty or deceit;
d. An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code and regulations promulgated thereunder;
e. The chief of police has the authority to deem a conviction for an offense under subsections A.6.a through A.6.d. of this section that is not permanently disqualifying under state or federal law as unlikely to adversely impact applicant’s firearm sales business in the city due to factors including, but not limited to, remoteness in time. The chief of police’s determination under this subsection A.6 is not appealable but must be reviewed and re-evaluated by the chief of police upon the receipt of each annual report made pursuant to PHMC § 9.35.090.
f. The chief of police shall not deem an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, as disqualifying any person from engaging in firearm sales in the city.
7. The applicant or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city has been convicted of an offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon.
8. The applicant or any person who will be engaged in the business of firearm sales by or on behalf of the applicant in the city is prohibited from possession or sale of firearms pursuant to Part 6, Title 4 of the California Penal Code.
9. The operation of the business as proposed would not comply with federal, state and local laws, including the provisions of this chapter.
10. The operation of the firearm sales business as proposed would not be in compliance with applicable zoning regulations. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.080 Process for approval – Appeals and calls for review.
A. Within 45 days of receipt of a completed application, the chief of police shall issue a written notice of intent to either approve or deny the application. The notice of intent shall be delivered to the applicant, posted via link on the landing page of the city’s website, communicated as an attachment to the city’s weekly update, and mailed to all residents and businesses within 300 feet of the intended business location.
B. Within 10 business days of the mailing of the written notice of intent to either approve or deny the application, any person may appeal the chief of police’s decision by requesting a hearing before the chief of police. The request must be made in writing, setting forth the specific ground(s) under this chapter for the appeal, and must be delivered to the police department by hand or by overnight mail (deposited, in the case of overnight mail, within the 10-day period). If the person appealing the notice of intent submits a timely request for an appeal, the chief of police shall, within 10 business days, set a time and place for hearing (with notice to the applicant and, if applicable, appellant parties by overnight mail), such hearing to be initiated within 45 days of the date of the request for appeal and fully concluded within 60 days of the date of the request for appeal.
C. Within 30 days of the conclusion of the hearing, the written decision of the chief of police shall be delivered via overnight mail to the applicant and, if applicable, appellant, at the physical address specified by the appellant/applicant. Notice shall be concurrently delivered to the city manager and the city attorney. The decision of the chief of police is final 10 days after the date of the written notice of the decision, unless an appeal is made of the decision.
D. An applicant may appeal the chief of police’s denial of a permit to the city manager by filing a written appeal with the city manager within 10 days of the denial. The appeal filing shall be made in person at City Hall during regular business hours or by overnight mail (deposited, in the case of overnight mail, within the 10-day period). Such an appeal filing must set forth the specific grounds for appeal. If the applicant files a timely request for a hearing, the city manager shall, within 10 business days, set a time and place for hearing (with notice to the applicant by overnight mail), such hearing to be initiated within 30 days of the date of the request for appeal and fully concluded within 45 days of the date of the request for appeal. The decision of the city manager concerning the application shall be in writing and shall be delivered to the applicant via overnight mail within 30 days of the conclusion of the hearing, to the physical address specified by the applicant. Notice shall be concurrently delivered to the city attorney. The decision of the city manager is final 10 days after the date of the written notice of the decision, unless an appeal is made of the decision.
E. The applicant may appeal the city manager’s decision to the city council by filing a written notice of appeal with the city clerk within 10 business days from the date of the city manager’s written determination. The notice and hearing procedures before the city council are the same as those in subsection D of this section. The council may continue the hearing from time to time for good cause. The decision of the city council is final.
F. Call for review. Any decision of the chief of police pursuant to this section may be called up for review by the city manager. Any decision of the chief of police or city manager may be called up for review by a member of the city council. A call for review must be submitted in writing in the same time and manner as for an appeal. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.090 Annual report required.
On the annual anniversary of the effective date of their permit, each permittee shall submit to the chief of police a report describing their conformance with the provisions of this chapter during the previous year. In addition to the annual report each permittee and each person who is engaged in the business of firearm sales by or on behalf of the permittee in the city shall submit a renewed or current certificate of eligibility from the California Department of Justice. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.100 Revocation of permit.
A. In addition to a violation of any provision contained in this chapter, the following circumstances constitute grounds for revocation of the permit:
1. Circumstances constituting grounds for denial of a permit;
2. Failure to maintain a policy of insurance required by PHMC § 9.35.110.D;
3. Failure of a permittee to comply with the requirements of PHMC § 9.35.110.F.
B. The chief of police shall give the applicant written notice of his or her decision to revoke the permit. The notice shall be delivered by overnight mail to the permittee’s address of record with the city and shall set forth the ground(s) for the decision. The notice shall also inform the applicant that he or she has 10 days from the date the notice was mailed within which to file a written request for a hearing with the chief of police. The hearing and appeal process relating to revocations shall be as set forth in PHMC § 9.35.080. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.110 Conditions of approval for a permit.
In addition to the other requirements and conditions of this chapter, a permit is subject to the following conditions, the breach of any of which is sufficient cause for denial or revocation of a permit:
A. The permittee shall comply with all applicable provisions of the Penal Code including, but not limited to, sections 16400, 26805, 26810, 26815, 26820, 26825, 26830, 26835, 26840, 26865, 26875, 26885, 27505, 27510, 28050 through 28070;
B. The applicant shall not permit any person under 18 years of age to enter or remain within the area of the premises where the firearms sales activity is the primary business performed without being accompanied by a parent or other adult legally responsible for the minor;
C. Reserved.
D. The permittee shall maintain at all times while engaged in the business of firearms sales in the city a policy of insurance in a form approved by the city, providing the following:
1. The applicant and permittee is insured for all activities of the permittee 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, such policy(ies) containing an endorsement naming the city and its officers, employees and agents as additional insureds;
2. Minimum liability limits of not less than $1,000,000 for each occurrence (including each incident of damage to property or incident of injury or death to a person);
3. An endorsement providing that the policy shall not be canceled until notice in writing has been given to the city manager and chief of police at least 30 days before the time the cancellation becomes effective.
E. The permittee shall re-apply for a permit from the city if there is a change in business location. Expansion of an existing business at an existing location, including within the same shopping center or site, is not deemed a change in business location.
F. The permittee shall maintain records of all employees selling firearms, identifying them by name, address, date of birth and social security number. The applicant shall notify the city within 10 days of any changes in employees and submit the required identification information for each newly hired or re-assigned employee.
G. The permittee shall at all times comply with all of the requirements of the city’s municipal code.
H. The permittee must obtain a final inspection from the city demonstrating compliance with the municipal code, including the provisions of this chapter, before the applicant may commence firearm sales at the premises.
I. Storage of inventory which is explosive or flammable at the proposed business site shall be in compliance with federal, state and local laws.
J. Permittee shall keep or store all firearms in the permitted premises in accordance with the provisions of Part 6, Title 4 of the California Penal Code, and, using one of the following methods as to each particular firearm:
1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensee’s business premises.
2. 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.
3. Store the firearm in a locked fireproof safe or vault in the permittee’s business premises.
K. Permittee must comply with all applicable provisions of California Penal Code Part 6, Title 4 and regulations promulgated by the state, as well as all applicable federal laws and regulations, relating to the following:
1. The sale, lease, or transfer of firearms;
2. Recordkeeping, background checks, and fees relating to sale, lease, or transfer of firearms; and
3. The sale, supply, delivery or giving of ammunition.
L. Permittee shall install and maintain in working order an alarm system monitored by a central station listed by Underwriters Laboratories, Inc. and covered by an active Underwriters Laboratories, Inc., alarm system certificate providing complete protection for all accessible openings and partial motion and sound detection at certain other areas of the premises (also known as a system with a No. 3 extent of protection). The chief of police may waive this requirement if, in the discretion of the chief of police, the premises is otherwise sufficiently secure to meet the public safety objectives of this chapter. The chief of police’s determination under this subsection L is not appealable but must be reviewed and re-evaluated by the chief of police upon the receipt of each annual report made pursuant to PHMC § 9.35.090.
M. Permittee shall install a video surveillance system that meets the following requirements:
1. The system includes cameras, monitors, digital video recorders and cabling, if necessary;
2. The number and location of the cameras are subject to the approval of the chief of police. At a minimum, the cameras shall be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots. The video surveillance system shall operate continuously, without interruption, whenever the location is open for business. Whenever the location is not open for business, the system shall be triggered by a motion detector. Whenever motion is detected, the system shall begin recording immediately;
3. The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible;
4. The stored images shall be maintained on the business premises of the permittee for a period of not less than one year from the date of recordation and shall be available for inspection by federal, state or local law enforcement upon request;
5. The video surveillance system shall be maintained in proper working order at all times. The permittee shall inspect the system on a regular basis to ensure that it is operational as required by the provisions of this section;
6. The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.
7. The chief of police may waive the requirements of this subsection M if, in the discretion of the chief of police, the premises is otherwise sufficiently secure to meet the public safety objectives of this chapter. The chief of police’s determination under this subsection M is not appealable but must be reviewed and re-evaluated by the chief of police upon the receipt of each annual report made pursuant to PHMC § 9.35.090.
N. Reserved.
O. Each permittee shall comply with all applicable laws regulating the sale of ammunition.
P. All entities engaged in the business of firearms sales in the city shall comply with the provisions of the California Penal Code related to purchase, sale and possession of firearms by persons under the age of 21. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.120 Reserved.
(Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.130 Permits not assignable.
A permit issued under this chapter is not assignable. The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful; and any such assignment or attempt to assign shall render the permit null and void. Any new owner of a permitted firearm sales business is required to apply for a new permit pursuant to the provisions of this chapter. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.140 Compliance by existing firearms sellers.
An entity engaged in the business of firearm sales on the effective date of this chapter shall, by June 30, 2016, comply with the provisions of this chapter. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.150 Authority to inspect.
The Pleasant Hill police department shall have the right, without warrant, to inspect the premises for which the permit was obtained on the following conditions:
A. The scope of the inspection is limited to determining compliance with the recordkeeping (PHMC § 9.35.110.F) and security (PHMC §§ 9.35.110.J, L, M) requirements of this chapter;
B. The inspection shall be conducted not more often than once every six months;
C. The inspection shall be conducted during regular business hours; and
D. The inspection shall be conducted at a time and in a manner that will minimize business interruption. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.160 Violations.
It is unlawful for any entity to engage in the business of firearm sales in the city without the local permit required by this chapter. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.170 Reserved.
(Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.180 Discharging prohibited.
No person may fire or discharge a firearm, gun, rifle, spring gun, air gun, air rifle, BB gun, pellet gun, sling shot, or other gun or device which throws or projects bullets or missiles of any kind by means of elastic force, air, or any explosive substance. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013; amended during 2005 recodification; 1991 code § 5-8.1. Formerly 9.35.010)
9.35.190 Reserved.
(Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.200 Exceptions.
The provisions of PHMC § 9.35.180 do not apply to the following:
A. Police, peace officers or person in the military service in the discharge of his or her duty using reasonable care;
B. A person using firearms in necessary self-defense, the defense of others and/or property as provided by law;
C. The possession, discharge, or firing of a firearm at a shooting gallery. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013; amended during 2005 recodification; 1991 code § 5-8.3. Formerly 9.35.030)
9.35.210 Rules and regulations.
The chief of police is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
9.35.220 Severability clause.
If any section, subsection, sentence or clause of this chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the constitutionality, validity or enforceability of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses. (Ord. 896 § 1, 2016; Ord. 876 § 1, 2013)
Prior legislation: 1991 code § 5-8.2.
Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking, December 18, 2008, available at
www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf
Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 16 (Feb. 2000), available at
www.mayorsagainstillegalguns.org/downloads/pdf/Commerce_in_Firearms_2000.pdf
See Cal. Pen. Code §§ 26500 et seq., 26700 et seq. and 26800 et seq.
Although the Court in Suter struck down a provision of the city of Lafayette’s ordinance imposing additional security requirements on firearms dealers, that part of the opinion has been superseded by the adoption of Cal. Pen. Code § 26890(b).
International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 14 (Sept 2007), available at
www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0LiOkJK5Q%3D&tabid=302
Daniel W. Webster et al., Effects of State-Level Firearms Seller Accountability Policies on Firearms Trafficking, J. Urb. Health (July 2009).
Cal. Pen. Code § 26890(b).
Cal. Pen. Code § 26915(c).
Cal. Pen. Code § 26885(b).
Cal. Pen. Code § 26500(a).