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MODEL ORDINANCE REGULATING FIREARMS DEALERS

[Prohibits Residential Dealers, Requires Secure Premises,Liability Insurance,
Employee Background Checks And The Sale Of Trigger Locks.
(Based on ordinances currently in effect in otherjurisdictions, including Lafayette and
Contra Costa County.)

Article 1. Sale of Firearms
Definition of firearm.

Definition of firearms dealer.

Police permit required.
Application.
Investigation by chief of police.
Conditions of approval.
Requirement of secured facility.
Liability insurance.
Issuance of police permit—Duration.
Grounds for permit denial.
Grounds for permit revocation.
Hearing for permit denial or revocation.
Nonassignability.
Compliance by existing dealers.
Article 2. Land Use Permits
Firearm Sales

Article 3. Nonconforming Uses
Nonconforming Use
Regulations

Article 1. Sale of Firearms
Definition of firearm.

“Firearm” means any device, designed to be used as a weapon or modified to be

used as a weapon, from which is expelled through a barrel a projectile by the force of
explosion or other means of combustion.

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«* *•

Definition of firearms dealer

“Firearms dealer” means any person licensed to sell, lease or transfer firearms
pursuant to Penal Code Section 12071(a)(1).
Police permit required.
(a)

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a
police permit.

(b)

The requirement for a police permit is in addition to the requirement for a land
use permit, as provided under Article 2. No firearms dealer may sell, lease or
transfer firearms without both a land use permit from the planning commission or
city council on appeal and a police permit.
Application.

(a)

An applicant for a permit or renewal of a permit under fbis chapter shall file
with the chief of police an application in writing, signed imder penalty of perjury,
on a form prescribed by the city. The applicant shall provide all relevant
information requested to demonsttate compliance with this chapter including;
(1) The name, age and address of the applicant;

(2) The address of the proposed location for which the permit is required,
together with the business name, if any;

(3) Proof of a possessory interest in the property at which the proposed birsiness
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;

(4) A floor plan of the proposed business which illustrates the applicant's
compliance with security provisions;

(5) Proof of the issuance of a land use permit at the proposed location;
(6) Proof of compliance with all federal and state licensing laws;
(7) Information relatmg to licenses or permits relating to other weapons sought
by the applicant from other jurisdictions,including, but not limited to, date of
application and whether each appHcation resulted in issuance of a hcense;
(8) Information relating to every revocation of a license or permit relating to
firearms, including, but not limited to, date and circumstances of the revocation;
(9) 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 habilities of any kind, including attorney fees, arising in any manner out of
the applicant's negligence or intentional or willful misconduct;
(10) Certification of satisfaction of insurance requirements;
(11) All convictions of the applicant for any of the offenses fisted.
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(b)

The application shall be accompanied by a nom'efundable fee for administering
this chapter established by city council resolution.
Investigation by chief of police.

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 may 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.
Conditions of approval.

In addition to other requirements and conditions of this chapter, a police permit is

subject to the following conditions, the breach of any of which is sufficient cause for
revocation of the permit by the chief of police;

(1) 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 which is authorized by
federal, state and local law upon compliance with that law;

(2) The police permit, or a certified copy of it, shall be displayed on the premises
and at gun shows where it can be easily seen;

(3) The applicant shall not permit any person under 18 years of age to enter or
remain within the premises without being accompanied by the parent or other
adult legally responsible for the minor child where the firearm sales activity is the
primary business performed at the site;

(4) The permittee shall not deliver a firearm to a purchaser earlier than is allowed
by applicable state and federal law;

(5) The permittee shall not deliver a firearm to another purchaser, lessee or other
transferee unless the firearm is unloaded and securely wrapped or unloaded in a
locked container;

(6) The permittee shall not deliver a firearm to a purchaser, lessee or other
transferee imder the age of 18 years, or a firearm capable of being concealed upon

the person to another person under the age of 21 years. Clear evid^ice of the
identity and age of the purchaser shall be required before delivery of a firearm to
a purchaser, lessee or other transferee. Evidence of identity may include, but is
not limited to, a motor vehicle operator's hcense, a state identification card, an
armed forces identification card, an employee identification card containing the

bearer's signature and photograph, or similar documentation which provides the
permittee or seller reasonable assurance of the identity and age of the purchaser;
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(7) The peraiittee shall not sell, lease or otherwise transfer a fu-earm to a person
whom the permittee or seller has reason to believe is within any of the classes

prohibited by Penal Code Sections 12021 or 12021.1, or Welfare and Institutions
Code Sections 8100 or 8103.

(8) No firearm or imitation of one or placard advertising its sale or other transfer
shall be displayed in any part of the premises where it can readily be seen from
the outside;

(9) The permittee shall not sell, lease or othei-wise transfer a firearm without also
selling or otherwise providing with each such firearm a trigger lock or similar'
device that is designed to prevent the unintentional discharge of the firearm;
(10) The permittee shall properly and promptly process firearm transactions as
required by Penal Code Section 12082;

(11) The permittee shall keep a register of sales as required by Penal Code
Sections 12073 and 12077;

(12) The permittee shall post conspicuously within the licensed premises all
chai'ges and fees required by Penal Code Section 12071(b)(l 1) and the following
wai-ning in block letters not less than one inch in height:
"IF YOU LEAVE A LOADED EIREARM WHERE
A CHILD OBTAINS AND IMPROPERLY USES IT,
YOU MAY BE FINED OR SENT TO PRISON."

(13) No firearm capable of being concealed on the person shall be delivered to a
purchaser or transferee, unless that person presents to the permittee or seller a
current basic firearm safety certificate, unless otherwise exempted by state law;

(14)The permittee shall offer to provide to the purchaser or transferee of a
firearm a copy of the pamphlet described in Penal Code Section 12080 and
may add the cost of the pamphlet, if any, to the sales price ofthe firearm;
(15) The permittee shall report the loss or theft of a firearm that is merchandise
of the permittee, a firearm that the permittee takes possession of pursuant to
Penal Code Section 12082, or a firearm kept at the permittee's place of business
within 48 hours of discovery to the police department.

(a)

Requirement of secured facility.
In addition to the conditions of approval stated, the business location as shown

on the police permit shall be a secured facility meeting all of the following
specifications:

(1) Every perimeter doorway shall include one ofthe following:
(A) A windowless steel security door equipped with both a dead bolt
doorknob lock, or

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(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;

(2) Eveiy perimeter doorway shall also be provided with an exterior metal grate
that is padlocked and affixed to the pennittee's premises independent of the door
and the door frame;

(3) Every window shall be covered with steel bai's;

(4) Bleating, ventilating, air-conditioning and service openings must be secured
with steel bai'S, metal grading and an alarm system;

(5) Any metal gi'ate may not have a space larger than six inches wide measm'ed
in any direction;

(6) Each metal screen may not have a space larger than three inches wide
measured in any direction;

(7) All steel bars shall be no further than six inches apart.
(b)

Upon written request by the pemittee, the police chief may approve alternative
security measures which he or she considers will provide equivalent or superior
security to the premises as the measures required under subsection (a) of this
section;

(c)

Every fireann that is kept in the permitted place of business shall be stored using
one of the following methods:

(1) The fireann shall be secured with a hai'dened steel rod or cable of at least
one-eighth inch in diameter thi'ough 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;

(2) The fireann shall be stored in a locked fireproof safe or vault in the
permittee's business premises; or

(3) All firearms shall be stored on the premises out of the reach of customers in
secure, locked facihties approved by the chief of police by which access to
firearms is controlled by the permittee or seller to the exclusion of all others.
Liability insurance.
(a)

No police permit shall be issued or reissued unless there is in effect a policy of
insurance in a form approved by the city 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
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limits shall not be less than $1,000,000 for each incident of damage to property or
incident of injuiy 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 manager at
least 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, the permit is considered canceled without further notice.
Issuance of police permit—Duration.

(a)

The police department may gr'ant a police permit to the applicant if it finds that
the applicant complies with all applicable federal, state and local laws including,
but not limited to, the state Penal Code, city building code, fire code and zoning
and planning codes.

(b)

A police permit expires one year- after the date of issuance. A permit may be
renewed for additional one-yeai' periods upon tb.e permittee's submission of an
application for renewal, accompanied by a nom-efundable renewal fee established
by city council resolution. The renewal application and the renewal fee must be
received by the police department no later than 45 days before the expiration of
the current permit.

(c)

A decision regai'ding issuance or renewal may be appealed in the maimer
provided.
Grounds for permit denial.

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

(1) The applicant, or any officer, employee or agent thereof who will have access
and control of firearms is rmder 21 years of age;

(2) The applicant is not licensed as required by federal and state law;
(3) The applicant or any officer, employee or agent thereof who will have access
to and control of firearms has had a firearm permit or license previously revoked

or denied for good cause within the immediately preceding (5)five years;
(4) 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 a police permit.

If a permit is denied on this groimd, the applicant is prohibited from reapplying
for a permit for a period of(5)five years;

(5) The applicant or any officer, employee or agent thereof who will have access
to and control over firearms has been convicted of:

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(A) An offense which disqualifies that person from owning or possessing
a firearm under federal, state and local law, includiug, but not
limited to, the offenses listed in Penal Code Section 12021,
(B) An offense relating to the manufacture, sale, possession, use or
registration of a frreann or dangerous or deadly weapon,
(C) An offense involving the use of force or violence upon the person of
another,

(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 state Health and Safety Code,,as it
now reads or may hereafter be amended to read;
(6)The applicant or any officer, employee, or agent thereof who will have access to
and control over firearms is within a class of persons defined in Welfare and
Institutions Code Sections 8100 or 8103;

(7)The applicant or any officer, employee, or agent thereof who will have access to
and control over firearms is currently, or has been within the past(5)five years, an
unlawful user of a controlled substance as defined by the Health and Safety Code as
that definition now reads or may hereafter be amended to read;

(8)The operation of the business as proposed would not comply with federal, state and
local law.

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

(a)

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

(b)

(c)

Within ten days of mailing 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
chief of police shall set a time and place for the hearing within 30 days.
The decision of the chief of police shall be in writing within ten days of the
hearing. An applicant may appeal the decision of the chief of police to the city
council in the manner provided.

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Nonassignability.

A police permit issued under this chapter is not assignable. An attempt to assign
a police peimit makes the permit void.
Compliance by existing dealers.

A person engaging in firearm sales activity on the effective date of this chapter or
any

amendment to it shall, within 60 days after the effective date, comply with this

chapter and any amendment to it, except for the requirement for a land use peimit.
Article 2. Land Use Permits
Firearm sales.

(A)

Purpose. The purpose of this section is to provide for the appropriate location
of fireaims dealers through the permitting process.

(B)

Peimit Requirement. It is unlawful for any firearms dealer to sell, lease or
ti-ansfer firearms unless the dealer has obtained a land use permit pursuant to this

chapter and a police peimit as provided under Article 1. Firearms dealers ai'e
permitted in the Retail Business District(RB), General Commercial District(C),
Special Retail Business District(SRB)and General Commercial District 1 (C-1).
Firearms dealers are prohibited in all other land use districts.

(C)

(D)

Procedm-e. An applicant for a land use peimit shall apply to the plaiming
commission by application prescribed by the city in the manner provided.
Criteria. In addition to the findings required, the planning commission shall
review an

application for a land use permit for the sale of firearms for satisfaction

of the following criteria:

(1) Locational compatibility of the proposed use with other existing uses in
close proximity, including elementary, middle or high schools, pre-schools
or day-care centers, parks, places of worship, other firearms dealers, liquor stores,
bars and residentially zoned areas; [or within a specified distance, e.g., 1,000
feet, of such existing uses];

(E)

(2) Architectural compatibility of the proposed use with other existing uses in
the vicinity, due to the requirements regarding a "secure facihty".
Conditions. An approved land use permit is not valid until the applicant satisfies
the following terms and conditions:

(1) Possession of a valid police permit as required under Article 1;
(2) Possession of all licenses and permits required by federal and state law, and:
(3) Compliance with the requirements of the city's building code, fire code and
other technical codes and regulations which govern the use, occupancy,

maintenance, construction or design of the building or structure. The use permit

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shall also contain a condition that the applicant must obtain a final inspection

from the city building official demonstrating code compliance before the
applicant may begin business at the premises at issue.

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Article 3. Nonconforming Uses

Nonconforming Use.
A fireaims dealer located in a residential zone who is the holder of a valid seller's

permit issued by the State Boai'd of Equalization and a valid certificate of
eligibility issued by the California Department of Justice, all of which were issued
prior to the effective date of this ordinance, may continue to sell, lease and
transfer firearms provided a police permit and business registration ai'e obtained
from the city within 60 days of the effective date of the ordinance codified in this
section, and provided the operator remain fully license by all agencies listed
above.

Regulations.

The following regulations apply to each nonconforming use;

(a) No physical change in the use is permitted other than ordinary maintenance
and repair, except as provided,

(b) No increase or enlargement of the area, space or volume occupied and used
is permitted,

(c) No change in the nature or character of the nonconforming use is permitted,
(d) If the nonconforming use is replaced by a nonconforming use, the right to
continue the nonconforming use is automatically terminated,

(e) If the nonconforming use discontinues active operation, except for reasons
defined, for a continuous period of 120 days, the nonconforming use terminates
and the facilities accommodating or serving such activity shall thereafter be
utilized

only for uses permitted or conditionally permitted by the regulations of the “
applicable zoning district.

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