State Laws and Published Ordinances

State Laws and Published Ordinances – California

Attorney General's Office

California Department of Justice

Attention: Public Inquiry Unit

Post Office Box 944255

Sacramento, CA 94244-2550

Voice: (916) 210-6276

https://oag.ca.gov/

Los Angeles Field Division

550 North Brand Blvd Suite 800

Glendale, CA 91203

Voice: (818) 265-2500

https://www.atf.gov/los-angeles-

field-division

San Francisco Field Division

5601 Arnold Road, Suite 400

Dublin, CA 94568

Voice: (925) 557-2800

https://www.atf.gov/san-francisco-

field-division

Table of Contents

Mant

eca

Marin County

Mendocino County

Mendota

Menlo Park

Merced

Merced County

Millbrae

Mission Viejo

Monrovia

Montclair

Monte Sereno

Montebello

Monterey County

Monterey Park

Moorpark

Moraga

Moreno Valley

Morgan Hill

Napa

National City

Nevada County

Newark

Newport Beach

Novato

Oakland

Oakley

Oceanside

Ojai

Ontario

Orange

Orange County

Orange Cove

Oxnard

Pacific Grove

Pacifica

Palm Springs

Palmdale

Palo Alto

Paradise

Pasadena

atterson

Perris

Pinole

Pismo Beach

Pittsburg

Placentia

Placer County

Pleasant Hill

Pleasanton

Point Arena

Pomona

Port Hueneme

Portola

Poway

Rancho Cordova

Rancho Cucamonga

Rancho Palos Verdes

Rancho Santa

Margarita

Redding

Redondo Beach

Redwood

Rialto

Richmond

Rohnert Park

Rolling Hills

Rolling Hills Estates

Rosemead

Roseville

Sacramento

Sacramento County

Salinas

San Anselmo

San Bernardino County

San Bruno

San Buenaventura

San Carlos

San Clemente

San Diego County

San Diego

San Dimas

San Fernando

San Francisco

San Jacinto County

San Joaquin County

San Jose

San Juan Bautista

San Leandro

San Luis Obispo County

San Marcos

San Mateo

San Mateo County

San Pablo

San Rafael

San Ramon

Sand City

Sanger

Santa Ana

Santa Barbara

Santa Barbara County

Santa Clara

Santa Clara County

Santa Clarita

Santa Cruz

Santa Cruz County

Santa Fe Springs

Santa Paula

Santa Monica

Santa Rosa

Santee

Saratoga

Scotts Valley

Seaside

Shafter

Sierra County

Sierra Madre

Signal Hill

Simi Valley

Siskiyou County

Solana Beach

oledad

Sonoma County

South El Monte

South Gate

South Lake Tahoe

South Pasadena

South San Francisco

St. Helena

Stanton

Stockton

Sunnyvale

Sutter County

Temecula

Thousand Oaks

Tiburon

Torrance

Tustin

Twentynine Palms

Ukiah

Union City

Upland

Vacaville

Vallejo

Victorville

Walnut

Wasco

Watsonville

West Covina

West Hollywood

West Sacramento

Westlake

Westminster

Windsor

Woodside

Yucaipa

Title 5 – Business Taxes, Licenses and Regulations

Chapter 5.48 – Firearms Sales

ection 5.48.010. Licensing requirements.

All applications for licenses permitting the licensee to sell, at retail within the city, pistols, revolve

Manteca Municipal Code

Codified through Ordinance Number O2022-10 and the June 2022 code supplement.

rs and other firearms

capable of being concealed upon the person shall be submitted to the city clerk who shall cause the application to be set

for hearing before the city council. The city council may approve, conditionally approve or deny the application. If a license

is granted, it shall be in the form prescribed by the attorney general, effective for not more than one year from the date of

issuance, and be subject to the following conditions, for breach of any of which the license shall be subject to revocation:

1. T

he business shall be carried on only in the building designated by the license.

2. The license, or a copy thereof, certified by the issuing authority shall be displayed on the premises where it can be

easily seen.

3. No pistol or revolver shall be delivered:

a. Within fifteen days of the application for the purchase, or, after notice by the Department of Justice pursuant to

Penal Code 12076(c), within fifteen days of the submission to the Department of Justice of corrected copies of the

any fee required pursuant to Penal Code 12076, whichever is later;

b. Unless unloaded and securely wrapped;

c. Unless the purchaser either is personally known to the seller or shall present clear evidence of his or her

identity;

d. Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described

in 12021 and 12021.1 or Welfare and Institutions Code 8100 and 8103.

4. 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 be readily seen from the outside.

B. As used in this section, “clear evidence of his or her identity” includes, but is not limited to, a motor vehicle operator’s

license, a state identification card, an armed forces identification card, and employment identification card which contains

the bearer’s signature and photograph, or any similar documentation which provides the seller reasonable assurance of

the identity of the purchaser.

Marin County Code of Ordinances

Codified through Ordinance Number 461 and June 2022 code supplement.

itle 6 – Public Peace, Safety and Morals*

Chapter 6.58 – Regulation of Firearms Dealers

Section 6.58.010. Definition of firearm.

irearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a

projectile is expelled through a barrel by force of explosion or other means of combustion.

Section 6.58.011. Definition of firearm dealer.

"Firearm dealer" and "licensee," as used in this section, means any person licensed to sell, lease or transfer firearms

pursuant to California Penal Code Section 12071(a)(1).

Section 6.58.020. Sheriff's permit required.

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued by the sheriff or his/her

designee.

Section 6.58.025. Application.

(

a) An applicant for a permit or renewal of a permit under this chapter shall file with the sheriff an application in writing,

signed under penalty of perjury, on a form prescribed by the county. The applicant shall provide all relevant information

requested to demonstrate compliance with this chapter including:

(1) The name including any aliases or prior names, age and address of the applicant;

(2) The applicant's Federal Firearms License and California Firearms Dealer numbers;

(3) The address of the proposed location for which the permit is required, together with the business name, and the

name of any corporation, partnership, or association that has any ownership in, or control over, the business, if any;

(4) The names, ages and addresses of:

(A) All persons who will have access to or control of workplace firearms, including but not limited to, the

applicant's employees, agents and/or supervisors, if any;

(5) Proof of a possessory interest in the property at which the proposed business 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;

(6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions, as

outlined in Section 6.58.040 of this chapter;

(7) Proof of compliance with county zoning requirements at the proposed location by presentation of a zoning

clearance letter from the director of the community development agency of the county of Marin or his designee. The

community development agency may adopt an appropriate fee to implement this requirement;

(8) Proof of compliance with all federal and state licensing laws;

(9) Information relating to every license or permit to sell, lease, transfer, purchase or possess firearms which were

sought by the applicant from any jurisdiction in the United States, including, but not limited to, the date of each

application and whether it resulted in the issuance of a license; and the date and circumstances of any revocation or

suspension;

(10) Applicant's agreement to indemnify, defend and hold harmless the county, its officers, agents and employees

from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any

manner out of the applicant's negligence or intentional or willful misconduct;

(11) Certification of satisfaction of insurance requirements; and

(12) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United

States.

(b) The application shall be accompanied by a nonrefundable fee of twenty-five dollars for administering this chapter. The

fee may be increased by resolution of the board of supervisors upon evidence of the actual cost of administering the

application. This board specifically finds that the twenty-five dollar fee is reasonable and proper for administering this

chapter and, in fact, represents a fraction of the cost that will be incurred by the sheriff in processing the application.

Section 6.58.030. Investigation by sheriff.

he sheriff shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety

whether the permit may be issued. The sheriff shall 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 sheriff, and any other additional information which the sheriff considers

necessary to complete the investigation.

Section 6.58.035. Conditions of approval.

n addition to other requirements and conditions of this chapter, a permit by the sheriff is subject to the following

conditions, the breach of, any of which is sufficient cause for revocation of the permit by the sheriff:

(a) 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 that is authorized by

federal, state and local law upon compliance with that law and upon compliance with any Marin County ordinance

regulating the permissible locations of gun shows;

(b) The sheriff's permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily

seen;

being accompanied by the parent, grandparent or legal guardian where the firearm sales activity is the primary business

performed at the site.

Section 6.58.040. Requirement of a secured facility.

Firearms dealers must comply with California Penal Code Section 12071 (b)(14) which provides:

At any time the licensee is not open for business, the licensee shall store all firearms kept in his or her licensed place of

business using one of the following methods as to each particular firearm:

(a) Store the firearm in a secure facility (as defined by Penal Code Section 12071(c)(3)) that is part of or that constitutes,

the licensee's business premises;

(b) 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;

ection 6.58.045. Liability insurance.

(a) No permit issued by the sheriff shall be issued or reissued unless there is in effect a policy of insurance in a form

approved by the county and executed by an insurance company approved by the county, 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 limits shall not be less than one million dollars for

each incident of damage to property or incident of injury 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 county administrator at least thirty days prior to the time the cancellation becomes effective;

considered canceled without further notice.

ection 6.58.050. Issuance of sheriff's permit, Duration.

) The sheriff's department may grant a sheriff's 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, County Building Code, fire,

zoning and planning codes;

(b) A permit issued by the sheriff expires one year after the date of issuance. A permit may be renewed for additional one-

year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable twenty-five

dollar renewal fee. The renewal application and the renewal fee must be received by the sheriff's department no later than

forty-five days before the expiration of the current permit;

6.58.067.

Section 6.58.060. Grounds for permit denial.

The sheriff shall deny the issuance or renewal of a sheriff's permit when one or more of the following conditions exist:

(a) The applicant has not complied with the requirements of this chapter or, has violated the provisions of Section

6.57.060 of the Marin County Code pertaining to prohibited activity in connection with the sale, display or transfer of

"Saturday Night Specials";

(b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under

twenty-one years of age;

(d) The applicant or any officer, employee or agent thereof who will have access to and control of firearms has had a

license or permit to sell, lease, transfer, purchase or possess firearms from any jurisdiction in the United States revoked,

suspended or denied for good cause within the immediately preceding five years;

(e) 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 ground, the applicant is prohibited from reapplying for a permit for a period of five years;

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

convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law,

including, but not limited to, the offenses listed in Penal Code Section 12021,

(2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly

weapon,

(3) An offense involving the use of force or violence upon the person of another with a deadly weapon,

(4) Any felony, misdemeanor burglary or misdemeanor fraud,

(5) 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;

(g) The applicant or any officer, employee or agent thereof who has control over firearms is within a class of persons

defined in Welfare and Institutions Code Sections 8100 or 8103;

(h) The applicant or any officer, employee or agent thereof who has control over firearms is currently, or has been within

the past five years, an unlawful user of a controlled substance as defined by the Health and Safety Code;

(i) The operation of the business as proposed would not comply with federal, state and local law or county law regulating

the sale of Saturday Night Specials, or the locations of permitted sales, if any, at gun shows.

Section 6.58.065. Grounds for permit revocation.

n addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial

of a sheriff's permit also constitute grounds for revocation.

Section 6.58.067. Hearing for permit denial or revocation.

(

a) A person whose application for a permit is denied or revoked by the sheriff has the right to a hearing before the sheriff

before final denial or revocation.

(b) Within ten days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant may

appeal by requesting a hearing before the sheriff. 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 sheriff should set a time and place for the hearing

within thirty days.

(c) The decision of the sheriff shall be in writing within ten days of the hearing. An applicant may appeal the decision of

the sheriff to the county administrator or his designee in the manner provided by board of supervisors' resolution

addressing this appeal process.

Section 6.58.068. Nonassignability.

sheriff's permit issued under this section is not assignable. An attempt to assign a sheriff's permit renders the permit

void.

Section 6.58.069. Compliance by existing dealers.

person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within sixty

days after the effective date, comply with this chapter and any amendment to it.

Section 6.58.075. Record of ammunition sales.

very holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by

this chapter on the licensed premises and in the manner prescribed herein. The record shall show:

(a) The date of the transaction;

(b) The purchaser's name, address and date of birth;

(d) The brand of ammunition purchased;

(e) The type and amount of ammunition purchased; and

(f) The purchaser's signature; and

(g) The purchaser's thumbprint;

(h) Log of Ammunition Sales. The information required by this Section 6.58.075 shall be completed in the logbook at the

time of the purchase. Such information shall be recorded in the following format:

mmunition Sales Registration Log Store:

Date

Name

Address

Date of

Birth

License/ID &

State

Ammunition

Brand

Ammunition Type &

Amount

Purchaser

Signature

(1) The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on

the licensed premises of the business licensee for a period of two years following the date of the purchase of the

ammunition.

(2) At the direction of the sheriff or his or her designee, deputy sheriffs may enter the premises of any licensed vendor

of ammunition during regular business hours for the purpose of examining or inspecting any record required by this

chapter.

(i) Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range licensed to

do business in the county when the ammunition so purchased is expended on the premises of the range and not removed

for use outside the range premises.

Section 6.58.080. Penalties.

(a) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both

such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion

of which any violation of any provision of this section is committed, continued or permitted by such person.

The Marin County district attorney is designated as the prosecuting agency for violations of this section.

(b) Any person found to be in violation of this chapter shall be subject to the revocation of his or her law enforcement

permit to sell, lease or transfer firearms.

these provisions.

Section 6.58.090.

his chapter shall be enforced to the full extent of the authority of the county of Marin. If any section, subsection,

paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the county, either on its

face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences

or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs, sentences

and words of this chapter shall be deemed severable.

Mendocino County Code of Ordinances

Codified through Ordinance Number 4510, adopted July 13, 2022. (Supplement Number 64)

itle 6 – Business Licenses and Regulations

Chapter 6.04 – Business Licenses

Section 6.04.080. Special requirements.

) Licensed Firearms Dealers. To lawfully engage in the business of selling, leasing, or transferring firearms, a firearms

dealer must possess the following: (1) Valid federal firearms license issued by the Bureau of Alcohol, Tobacco, and

Firearms (2) Valid seller's permit issued by the State Board of Equalization (3) Valid certificate of eligibility issued by the

Department of Justice. Per Penal Code Section 12071, the Tax Collector must verify the firearms dealer is in compliance

prior to the issuance of the business license.

Mendota Code of Ordinances

Codified through Ordinance Number 21-13, passed May 25, 2021. (Supp. No. 21)

Title 17 – Zoning

Chapter 17.86 – Home Occupations

Section 17.86.040. Prohibited home occupations.

The following uses shall not be permitted as home occupations:

E. Firearms or ammunition dealers;

Menlo Park Municipal Code

Codified through Ordinance Number 1089, passed May 10, 2022.

itle 16 – Zoning

Chapter 16.78 – Special Uses

Section 16.78.010. Generally.

ll of the uses listed in this chapter, and all matters directly related thereto are declared to be uses possessing

characteristics of such unique and special form as to make impractical their inclusion in any class or use set forth in the

various districts herein defined, and therefore the authority for and location of the operation of any of the uses designated

herein shall be subject to the issuance of a use permit in accordance with the provision of Chapter 16.82.

Section 16.78.030. Uses designated.

he uses referred to in this chapter are as follows:

(17) Retail sale or wholesale of firearms, cannons, guns, pistols, revolvers, rifles, air guns, BB guns or pellet guns or any

instruments of any kind, character or description which throw or project bullets or missiles of any kind to any distance by

means of elastic force, air or any explosive substance; ammunition or any projectiles that can be projected or propelled;

and related merchandise, except within one hundred fifty feet (150’) of residential zoning districts.

Merced Code of Ordinances

Codified through Ordinance Number 2538, passed April 4, 2022. (Supp. No. 74, 4-22)

itle 5 – Business Licenses and Regulations

Chapter 5.12 – Sale of Weapons

Section 5.12.010. License, required.

n addition to any other business license or fees required by this title, every person proposing to engage in the business of

selling at retail within the city, pistols, revolvers or other firearms capable of being concealed upon the person, shall apply

for a license to conduct the business, and shall pay the application fee therefor as established by ordinance or resolution.

The chief of police shall investigate or cause to be investigated the suitability of the premises on which said business is to

be conducted, and the character and fitness of the person proposing to conduct the business and of each partner,

associate or employee of said person, if such partner, associate or employee is to be authorized to sell such firearms at

retail. The chief of police may issue such license if, in his judgment, considering the suitability of the premises and the

character and fitness of each person who is to be authorized to sell such firearms, the public safety and welfare will not be

adversely affected.

Section 5.12.020. License, application.

he chief of police may prepare, use and modify such application forms and other documents as are reasonably

necessary to provide information for such investigation. The application fee in such amount as is determined by the city

council shall be paid to the chief of police and transmitted by him to the finance officer. Such application fee shall not be

refundable in the event that the license is not granted.

Section 5.12.030. License, form prescribed by state.

ny license granted pursuant to this chapter shall be in the form prescribed by the Attorney General of the state, and shall

conform to the requirements of Section 12071 of the Penal Code of the state, as the same may be from time to time

amended.

Merced County Code of Ordinances

Codified through Ordinance Number 2018 and the June 2022 code supplement.

itle 5 – Revenue and Finance

Chapter 5.44 – Sheriff’s Fees

Section 5.44.020. General fees.

ursuant to the authority of Government Code Sections 26720 through 26751, Government Code Section 54985, and

other provisions of law specified below, the following fees will be charged at the time the service is provided:

25. License to sell firearms: pursuant to the provisions of Section 12071 of the California Penal Code, the sheriff may

grant a license permitting the sale of firearms. The fee for such license application, renewal or modification shall be

$50.00 plus any fees required by the Department of Justice and/or state of California.

Millbrae Municipal Code

Codified through Ordinance Number 796, passed June 14, 2022.

itle 5 – Public Welfare, Morals and Conduct

Chapter 5.55 – Sale of Firearms

Section 5.55.010. License required.

A. W

ithin 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.

Section 5.55.020. Application for license.

ritten applications for a license under this chapter shall be filed with the chief of police upon forms to be provided.

Section 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.

Section 5.55.040. Issuance of license – Fee.

f 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.

Section 5.55.050. Conditions.

he license shall be subject to the conditions contained in Section 12071 of the Penal Code of California, and the

conditions contained in this chapter.

Section 5.55.060. Licenses not transferable.

license conferred under this chapter shall not be transferable, either as to the licensee or the location of the business.

Section 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.

Chapter 5.125 – Fireworks, Model Rockets, Firecrackers, or Similar Explosives

Section 5.125.020. Possession – Prohibition – Responsibility for minors.

xcept as otherwise provided in this chapter, no parent, guardian or person having the care, custody and control of any

minor shall permit such minor to have in his possession within this city, or to fire or discharge, or cause to be fired or

discharged within the city, any firearms, fireworks or explosives as specified in this chapter.

Title 10 – Planning and Zoning

Chapter 10.05 – Zoning

Article II – Definitions

Section 10.05.0200. Definitions.

Definitions of key terms are set forth in this section in alphabetical order and are applicable throughout this title. A word

that is underlined indicates that the word is defined elsewhere in this section.

“Gun shop” means an establishment that engages in advertising, selling, transferring, or exposing for sale any weapons

such as pistols, revolvers, rifles, or other firearms and is licensed in accordance with Chapter 5.55 MMC and state law as

a firearms dealer.

Article III – Zoning Districts and Map

Section 10.05.0300. Establishment and designation of districts.

The city is divided into zoning districts which are designated as follows:

A. S

ingle-family large lot or “R-1LL” district; H. Open space or “OS” district;

B. Single-family residential or “R-1” district; I. Public facilities or “PF” district;

C. Duplex/triplex residential or “R-2” district; J. Planned development or “PD” district;

D. Multifamily residential or “R-3” district;

K. Millbrae Station Area Planned Development or

“MSAPD” district;

E. Commercial or “C” district;

L. Grand Boulevard Planned Development or “GBPD”

F. Downtown improvement area or “DIA” district;

district.

G. Industrial or “I” district;

Article IV – District Regulations

Section 10.05.0410. Land use table.

he following uses listed in the land use table detail the permitted, conditional, or accessory uses allowed within each

zoning district in the city.

Table 1 – Land Uses by Zoning District

Zoning Districts

DIA – Article XI.

Land Use

Categories

Specific

Land

Uses

R-1LL

–

Article

R-1 –

Article

VI.

R-2 –

Article

VII.

R-3 –

Article

VIII.

C –

Article

Primary

Frontages

Secondary

Frontages

I –

Article

XII.

PF –

Article

XIII.

OS –

Article

XIV.

PD –

Article

XV.

GBPD

–

Article

XVI.

MSAPD

– Article

XVII.

Key: P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;

* = Allowed as specified in the development plan individually approved for each project

Other Land Use Categories

Adult-

Oriented

Gun

Shops

C *

Mission Viejo Code of Ordinances

Codified through Ordinance Number 22-344, enacted April 12, 2022. (Supp. No. 44)

itle 5 – Business Regulations

Chapter 5.01 – General

Section 5.01.020. Licenses required.

t shall be unlawful for any person to engage in, conduct, manage or carry on any of the following businesses, practices,

professions or occupations within the city without first having obtained a license therefor in accordance with chapter 5.02

of this title:

(6) Retail sale of concealable firearms.

Chapter 5.03 – Specific Additional License Requirements and Business Regulations

Division 12 – Retail Sale of Concealable Firearms

Section 5.03.1210. Licensing of retail sellers of concealable weapons.

he chief of police is hereby designated as the licensing authority for the city and is authorized to issue licenses therefor

pursuant to Penal Code 12070 et seq., as such article exists or may be amended from time to time for the sale at retail of

pistols, revolvers and other firearms capable of being concealed upon the person.

Title 9 – Land Use/Zoning/Subdivision Regulations

Chapter 9.10 – Residential Zones

ection 9.10.020. Zoning district development standards.

(5) Home occupations.

b. Prohibited home occupation uses. The following list presents example uses that are not incidental to or compatible

with residential activities, and are therefore prohibited:

(viii) Gun/rifle shop.

Chapter 9.11 – Commercial/Office Zones

ection 9.11.005. Purpose.

(b) The purpose of the individual commercial zoning districts is as follows:

(1) CN (Commercial Neighborhood) Zone. This zone is intended to provide for small-scale business activities which

generally offer retailing or service-oriented uses serving the needs of neighborhood residents, while remaining

compatible with adjoining residential neighborhoods.

(2) CC (Commercial Community) Zone. This zone is intended to provide for retail, professional office, and service-

oriented business uses serving a community-wide need under design standards which ensure compatibility and

harmony with adjoining residential neighborhoods.

(3) CH (Commercial Highway) Zone. This zone is primarily intended to provide for highway-oriented businesses

offering goods and services to a mobile population using major transportation corridors. Additionally, a limited range of

uses customarily located in the CN, CC and CR Zone Districts may be permitted.

(5) CR (Commercial Regional) Zone. This zone is intended to provide for large-scale retail and consumer-service

business uses serving a large geographic area and population.

(6) OP (Office/Professional) Zone. This zone is intended to provide for office, professional and/or administrative

services. Limited small-scale retail/service commercial uses may be allowed when designed to meet the needs of the

immediate employment population.

Section 9.

11.015. Permitted, planned development permitted, and conditionally permitted uses.

The f

ollowing list represents those primary uses in the commercial zones which are permitted (P) or subject to a planned

development permit (D), conditional use permit (C) or prohibited (X):

(b)

General commercial uses:

(48)

Gun shops

Monrovia Code of Ordinances

Codified through Ordinance Number 2021-02, passed January 19, 2021. (Supplement Number 34)

Title 17 – Zoning

Chapter 17.04 – General Provisions

Section 17.04.030. Districts established.

In order to carry out the provisions of this title, the city is hereby divided into the following zones designated as follows:

Commercial/Industrial

O/RD/LM - Office/Research and Development/Light

CRS - Commercial-Regional/Subregional

Manufacturing

RCC - Retail Corridor Commercial

M - Manufacturing

Chapter 17.08 – P

ermitted Uses

Sect

ion 17.08.010. Uses permitted in each zone.

(E) All other zones. Use types permitted in each zone shall be as shown in the following tables. Designations shall have

the following meanings:

Legend:

Blank Means the use is not permitted

“P” Means the use is permitted

“C” Means the use requires a major conditional use permit

“Cm” Means the use requires a minor conditional use permit

“LUE” See the Land Use Element of the General Plan

1. The minor conditional use permit process is not permitted when the subject property is directly adjacent to any

residentially zoned property. A major conditional use permit shall be required.

2. All new construction and additions (regardless of use) over 10,000 square feet in area and/or with an occupant load

of 30 persons or more shall require a conditional use permit.

3. Any business that operates between the hours of 12:00 a.m. and 6:00 p.m. shall be subject to the provisions of §

17.44.103.

Use

CRS

RCC

O/RD/ LM

Commercial Uses

Firearms/ammunition

Retail

Wholesale

Section 17.08.030. Use type explanations.

The following are the use type explanations for the uses set out in § 17.08.010. Also, see § 17.04.080 for additional

definitions.

Firearms/Ammunition.

Ammunition. Projectiles with their fuses, propelling charges, and primers fired from guns. Typical uses include retail gun

shops, sporting goods stores with incidental guns sales, and wholesale gun dealers.

Firearm. 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.

Montclair Code of Ordinances

Codified through Ordinance Number 22-1001, passed June 06, 2022. (Supp. No. 29 Update 1)

itle 11 – Zoning and Development

Division IV – Entitlements

Chapter 11.78 – Conditional Use Permits

Section 11.78.030. Permitted uses.

n addition to those uses specifically identified in Chapters 11.22 through 11.30 of this Title as requiring a conditional use

permit, the Planning Commission may grant a conditional use permit for any use listed in this Section as a permitted use

subject to a conditional use permit:

D. Commercial Uses (General Merchandise).

9. Firearms, ammunition and related products as a stand-alone use , retail (C-3, MIP, M-1);

Monte Sereno Code of Ordinances

Codified through Ordinance Number NS-229, enacted January 4, 2022. (Supp. No. 31)

itle 4 – Public Safety and Welfare

Chapter 4.14 – Assault Weapons

Section 4.14.010. Definitions.

he following terms shall, for purposes of this Chapter, have the meaning ascribed to them in this section.

A. "Assault weapon" shall mean and include:

1. All semiautomatic action center fire rifles that accept detachable magazines with a capacity of more than five

rounds, including but not limited to the following examples: Uzi semiautomatic assault rifles or carbines, Ingram Mac-II

semiautomatic assault carbines, Heckler and Koch 93 semiautomatic assault rifles, Heckler and Koch 91

semiautomatic assault rifles, AK-47 semiautomatic assault rifles, AKM-47 semiautomatic assault rifles, all Automat

Kalashnikov weapons, Thompson semiautomatic carbines,

2. All semiautomatic shotguns with a magazine capacity of more than six (6) rounds;

3. Any firearm which may be readily converted to an operable assault weapon, as defined in 1. and 2. above; and

4. Any part, or combination of parts, designed or intended to convert a firearm into an assault weapon, or any

combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or

under the control of the same person.

B. As used in this Chapter, "assault weapon" does not include any of the following:

1. Weapons that do not use fixed ammunition, weapons that were in production prior to 1898, manually operated bolt-

action weapons, lever-action weapons, slide-action weapons, single-shot weapons, multiple barrel weapons, revolving

cylinder weapons with a magazine of five rounds or less, semiautomatic weapons with a fixed magazine capacity of

five rounds or less, semiautomatic weapons manufactured prior to 1954, semiautomatic weapons which use

exclusively Mannlicher-style clips, and rimfire weapons that employ a tubular magazine;

2. Any short-barreled shotgun, as defined in Subdivision (c) of Section 12020 of the California Penal Code;

3. Any of the above generally and specifically described weapons which is a "machine gun" prohibited by California

law (as presently defined and prohibited by Section 12200 of the Penal Code of the State of California); any pistol,

revolver or other firearm which is capable of being concealed upon one's person, as defined and regulated by the

provisions of Sections 12021 and 12025 of the Penal Code of the State of California.

4. Any assault weapon which is an antique or relic firearm, or other weapon, specified and subject to all the limitations

and requirements in Paragraphs (5), (7), and (8) of Subdivision V of Section 12020 of the California Penal Code;

5. Any assault weapon which has been modified either to render it permanently inoperable or to make it permanently

a device no longer defined as an assault weapon.

C. "Person" means any individual, corporation, company, association, firm, partnership, club or society.

D. "Semiautomatic" means any weapon which fires a single projectile for each single pull of the trigger and which

employs a magazine/clip.

E. "Rifle" means a weapon, whether or not it is intended to be fired from the shoulder, that is designed or redesigned,

made or remade to fire a fixed cartridge and is not a pistol", as defined in Section 12001 et seq. of the California Penal

Code.

F. "Shotgun" means a weapon, whether or not it is intended to be fired from the shoulder, that is designed or redesigned,

made or remade, to fire a fixed shotgun shell.

Section 4.14.020. Possession and sale of assault weapons prohibited.

A. Except as specified in subsections B, C and D herein no person, including but not limited to wholesale and retail gun

dealers, shall sell, offer or display for sale, give, lend or transfer ownership of, or possess any assault weapon.Any person

who sells or possesses any assault weapon in the City of Monte Sereno in violation of this Section is guilty of a

misdemeanor. Any person convicted of a misdemeanor under the provisions of this Chapter shall be punishable by a fine

of not more than five hundred dollars, or by imprisonment in the County jail for a period of not exceeding six months, or by

both such fine and imprisonment.

B. Nothing in this Chapter shall prohibit the acquisition, possession, or disposition by police departments, sheriff's

departments, marshal's offices, the California Highway Patrol, other local, state and federal law enforcement agencies, or

the military forces of this state or the military and naval forces of the United States for use in the discharge of their official

duties, nor shall anything in this Chapter prohibit the possession of assault weapons or magazines therefor by any

regular, salaried, full-time officer, employees or agents thereof when on duty.and the use of assault weapons is within the

scope of their duties.

C. The provisions of this Chapter shall not apply to the possession of any assault weapon when such possession is

prohibited by the provisions of Section 12031 of the Penal Code of the State of California or Section 2010 of the Fish and

Game Code of the State of California.

D. Notwithstanding the provisions of Subsection A:

1. Any person who, prior to April 21, 1989, was legally in possession of a weapon prohibited by this Section or who

subsequently obtains title to an assault weapon by bequest or intestate succession shall within thirty (30) days

remove said assault weapon from within the incorporated area of the City of Monte Sereno, or transfer title and

possession of the weapon to a dealer licensed pursuant to Article 4 of the State of (California Penal Code

commencing at Section 12250, or to the City Police;

2. An assault weapon may be possessed by any federal, state, or local historical society, museum or institutional

collection which is open to the public, provided any such weapon is properly housed, secured from unauthorized

handling and is unloaded;

3. An assault weapon may be maintained in the possession of an entity or establishment engaged in the business of

motion picture, television or video production, but only for the purpose of being utilized as a prop during the course of

motion picture, television or video production by an authorized participant therein or by an authorized agent or

employee of the entity or establishment, and only if the entity or establishment properly secures such assault weapon

from unauthorized use.

Montebello Code of Ordinances

Codified through Ordinance Number 2477, passed February 9, 2022. (Supp. No. 33)

itle 17 – Zoning

Chapter 17.59 – Home Occupation Permits

Section 17.59.050. Operation standards.

A. H

ome occupations, governed by subsection B below, are permitted, provided that:

11. Guns and ammunition shall not be sold as part of a home occupation except that a home occupation permit for a

gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith, or firearm

collector shall be allowed.

Monterey County Code of Ordinances

Codified through Ordinance Number 5382, passed July 26, 2022. (Supp. No. 49)Title 7 – Business Taxes, Licenses and

Regulations

hapter 7.70 – Licensing of the Sale of Concealed Weapons

Section 7.70.020. Intent and purpose.

he intent and purpose of this Chapter is to prohibit the sale of a concealed weapon capable of being concealed by any

person within the unincorporated areas of the County of Monterey without a license issued by the Sheriff of Monterey

County. The Board of Supervisors has found that the proper sale, registration and licensing of concealed weapons is a

law enforcement function which will aid the community. In this purpose, the Sheriff of Monterey County would maintain the

licensing authority for the sale and carrying of any concealed weapon.

Section 7.70.030. Definitions.

s used in this Chapter, the following words, phrases, or terms shall have the meanings set forth in this Section:

A. "Handgun Dealer." Any person engaged in the business of: (a) selling or renting handguns at wholesale or retail; (b)

manufacture of handguns; or (c) repairing handguns or making or fitting special barrels or trigger mechanisms to

handguns; (d) a holder of a Federal Firearms license.

B. "Handgun." Any weapon which constitutes a "pistol", "revolver" or "firearm capable of being concealed on the person."

Also applies to and includes any device, designed to be used as a weapon, from which is expelled a projectile by the force

of any explosion or other form of combustion, and which has a barrel less than twelve (12) inches in length. The frame is

the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the gun. The receiver is the

metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached.

Section 7.70.040. License, required.

A. E

xcept as provided by this Chapter, it is unlawful in the unincorporated areas of Monterey County for any handgun

dealer to sell any weapon capable of being concealed without procuring from the Sheriff a license for such purpose. The

Sheriff is designated as agent of the Board of Supervisors for the purpose of issuing licenses for the sale of weapons

capable of being concealed.

B. This Section shall not apply to:

1. Firearms owned or under the direct control or custody of any Federal, State or local governmental authority

maintained in the course of its official duties, including United States Armed Forces personnel maintained in their

official capacity.

2. Duty-related firearms owned and possessed by peace officers who are not residents of the County or who are the

residents of incorporated cities.

3. Duty-related firearms owned or possessed by correction officers.

4. Firearms owned, manufactured or processed by licensed manufacturers of firearms, bulk transporters or licensed

sellers of firearms at wholesale or retail.

Section 7.70.050. License, application.

Any person or business holding a Federal firearms license who makes application for the sale of a weapon capable of

being concealed shall file with the Sheriff a sworn application on a form to be furnished by the Sheriff, which shall give the

following information:

A. Name, social security number, residential and business address and telephone number of the applicant;

B. The applicants age, sex, citizenship;

C. The applicants State firearm owners identification number;

D. A statement as to whether or not the applicant has been arrested and, if so, the complete record of such arrest or

arrests excepting minor traffic violations, the time when, the place when, the nature of the offense, and the punishment or

penalty, if any, assessed therefor;

E. Such other information as the Sheriff shall find reasonably necessary to effectuate the purpose of this ordinance and to

arrive at a fair determination whether the terms of this ordinance have been complied with.

F. The Sheriff shall be the custodian of all applications for licensing of concealed weapons and the sale of concealed

weapons under this ordinance.

G. When necessary to establish the identity of any applicant, such applicant shall be required to submit to fingerprinting in

accordance with the procedures and regulations of the Sheriff's Office.

Section 7.70.060. License, investigation.

A. Upon receipt of the application provided for in Section 7.70.050 in duplicate, the Sheriff of the County of Monterey shall

cause such investigation of the applicants business and moral character to be made as he or she deems necessary for

the protection of the public good.

B. If, as a result of the investigation, the applicants character and business responsibility is found to be unsatisfactory, the

Sheriff shall endorse on the application his or her disapproval and his or her reasons for the same, and shall notify the

applicant that his or her application was disapproved and that no license will be issued.

C. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory,

the Sheriff shall endorse on the application his or her approval, and return the application to the applicant, who, upon

payment of license fees prescribed by this Chapter, shall issue and deliver to the applicant a serially numbered license.

The license shall contain the signature of the Sheriff or deputy thereof, the date of the issuance, and the length of time the

same shall be operative. If the licensee is other than self employed, the name and address, both permanent and

temporary, of the firm, person, corporation or association, by which he or she is employed, which he or she represents

shall also be listed on the application. The Sheriff shall keep a record of all licenses issued.

D. If the Sheriff does not either approve or disapprove the application as provided in this Section within forty-five (45) days

of his or her receipt of the application, he or she shall forthwith report in duplicate his or her reasons for delay to the

applicant. The applicant shall thereupon have the right to appeal to the Board of Supervisors as provided in Section

7.70.090.

E. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located

within any area of the County which is wholly residential; or if the business location is adjacent to a residential area and, in

the opinion of the Sheriff, the operation of this business in such location would tend to cause a public nuisance or law

enforcement problem.

F. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located

within two thousand (2,000) feet of a public school, church, hospital, childrens' playground, or any other public facility

where the presence of the business might tend to cause a law enforcement problem, or create a public nuisance, or

where the granting of the license would be contrary to the public interest.

G. Any business engaged in the sale of concealed weapons and weapons capable of being concealed is not to be located

in an area not zoned for such activities as determined by the appropriate planning administrator or commission.

Section 7.70.070. License fee and license.

A. A license fee shall be paid as set forth by resolution of the Board of Supervisors for the sale of weapons capable of

being concealed.

B. The license fee shall be paid on a yearly fiscal basis.

C. The fee shall be paid to the County Treasurer in advance for each fiscal year commencing on July 1st.

D. The license fee shall be due and payable at least fifteen (15) days prior to the commencement of the fiscal year. A

penalty equal to ten (10) percent of the current license fee shall be imposed in those cases where the fee is not paid

within sixty (60) days of the due date, the license shall be revoked and the sale of the concealed weapon will be

prosecuted under the provisions of Penal Code Sections 12070 and 12071.

E. The license for the sale of any weapon capable of being concealed shall be valid for the fiscal year or portion thereof in

which issued, commencing July 1st of that year and ending June 30th.

F. Any application for a license or renewal shall be held in abeyance when there is a criminal proceeding for a crime of

violence or any offense involving a weapon, or a proceeding to revoke a firearm registration, pending against the applicant

until such proceeding has terminated. In the case of a renewal of registration of a license, the then current license shall be

deemed continuing until the termination of such proceeding.

G. Upon receipt of a license, each applicant shall examine the same to insure that the information thereon is correct. If the

license is incorrect in any respect, the applicant thereon shall return it to the Sheriff with a signed statement showing the

nature of the error. The Sheriff shall correct the error, if it occurred through administrative error. In the event that the error

resulted from incorrect information contained in the application, the applicant shall be required to file an amended

application setting forth the correct information and a statement explaining the error in the original application.

H. Each license authorized to be issued by the Sheriff shall be accompanied by a statement setting forth the applicants

duties under this Chapter.

Section 7.70.080. Renewal of license.

A. Every holder of a license for the sale of any weapon capable of being concealed shall apply for renewal of such license

within forty-five (45) days prior to the expiration of the current license date.

B. The application for renewal shall include the payment of a renewal fee as set forth by resolution of the Board of

Supervisors.

C. For the purposes of clarification, the license fee set forth in this Section is for regulation purposes to reimburse the

County for its costs in regulating the sale of weapons capable of being concealed and not for revenue purposes.

Section 7.70.090. Appeal procedure.

A. Any applicant dissatisfied with the action of the Sheriff in either failing to approve or disapprove an application within

forty-five (45) days or in disapproving an application shall have the right of appeal to the Board of Supervisors.

B. An appeal from the action of the Sheriff in disapproving an application shall be taken by filing with the Clerk of the

Board of Supervisors, within ten (10) days after notice of the disapproval has been mailed to the applicant at the address

shown on the application, a written statement setting forth fully the grounds for appeal.

C. The appeal provided for in Subsection B of this Section shall be taken by filing with the Board of Supervisors within ten

(10) days after notice of the action complained of has been mailed to the applicant at the address shown on the

application, a written statement setting forth fully the grounds for the appeal. The Board of Supervisors shall set a time for

hearing such appeal and written notice of the hearing shall be given to the applicant at least five days prior to the hearing.

Upon failure to file the notice within a ten (10) day period, the action of the Sheriff in denying the license shall be final and

conclusive.

D. The Board of Supervisors shall either affirm or reverse the action of the Sheriff. Should the Board of Supervisors

reverse the action of the Sheriff, notice of the reversal shall be given to the Sheriff, who shall, upon payment of the

required fee, issue the license.

Section 7.70.100. Notices.

A. For the purposes of this Chapter, service of any notice, finding or decision, to the applicant or licensee shall be

completed by any of the following methods:

1. Personal delivery of a copy of such notice, finding or decision to the applicant or licensee; or

2. By leaving a copy of such notice, finding or decision at the address identified on the application for license renewal;

3. By mailing a copy of the notice, finding or decision by certified mail with return receipt of the address identified on

the application for license for renewal; which day service shall be complete as the date the return receipt was signed

by any person.

Section 7.70.110. License, duplicate.

n the event any license issued under this Chapter is lost, destroyed or mutilated, the person to whom the license was

issued may obtain a duplicate thereof upon the payment of a fee as established by resolution of the Board of Supervisors

and by furnishing two photographs of the licensee taken within sixty (60) days immediately prior to the date of application,

which photographs conform to the requirements of Section 7.70.050, and furnishing satisfactory proof of loss, destruction

or mutilation to the Sheriff.

Section 7.70.130.

The provisions of this Chapter are severable, and if any part of this Chapter shall be found to be invalid, such invalidity

shall not effect remaining provisions.

Monterey Park Municipal Code

Codified through Ordinance Number 2222 and the May 2022 code supplement.

Title 9 – Peace, Safety and Morals

Chapter 9.84 – Weapons

Section 9.84.010. Possession – By minor.

No person shall give, sell or loan to any person under the age of eighteen years, any firearm, spring gun, air rifle, sling

shot or ammunition.

Section 9.84.020. Possession – Prohibited.

o person under the age of eighteen years, shall use or have in his possession any firearm, spring gun, air rifle, sling shot

or ammunition within the city.

Title 21 – Zoning

Chapter 21.04 – Definitions

Section 21.04.452. Gunsmith or armorer.

“

Gunsmith” means a person who repairs, modifies, designs, or builds firearms. A gunsmith does factory level repairs,

renovation (such as applying metal finishes), and makes modifications and alterations for special uses. Gunsmiths may

also apply carvings, engravings and other decorative features to an otherwise finished gun. This occupation is different

from an armorer. The armorer primarily maintains (disassembly, cleaning) weapons and limited repairs involving parts

replacement and possibly work involving modifications to make the weapon more accurate. For the purposes of this

Zoning Code, “gunsmith” will be considered to include “armorer.”

hapter 21.10 – Commercial Zones

Section 21.10.020. Commercial Zones.

N-

S Neighborhood Shopping Center Zone

R-S Regional Specialty Center Zone

S-C Shopping Center Zone

C-S Commercial Services Zone

C-B Central Business Zone

C-P Commercial-Professional Zone

Section 21.10.030. Land use regulations.

Table 21.10(A)

Permitted Uses in Commercial Zones

Legend:

P Permitted

Expressly prohibited

Land Uses

Service Business

N-S

S-C

C-B

R-S

C-S

C-P

Gunsmith

Moorpark Municipal Code

Codified through Ordinance Number 22-501 and the March 2022 code supplement.

itle 9 – Public Peace, Morals and Welfare

Chapter 9.24 – Weapons

Section 9.24.030. Discharge of firearms – Minors.

B. N

o minor shall possess in any public place any gun, rifle or pistol as described in Sections 9.24.010 and 9.24.020 of

this chapter, except as follows:

1. When such minor is in the immediate charge and supervision of a parent, guardian, or adult person having the

responsibility for the conduct of such minor, regardless of whether the gun, rifle or pistol is capable of being

immediately discharged or whether it is unloaded or in a dismantled or take-down condition or completely wrapped or

in a carrying case made for the purposes of carrying such firearm;

Moraga Code of Ordinances

Codified through Ordinance Number 296, April 14, 2021. (Supp. No. 23)

itle 8 – Planning and Zoning

Chapter 8.50 – Planned Development-Commercial (PD-C)

Section 8.50.020. Definitions.

he following definitions shall apply to this chapter:

"Firearm store" means a retail store or wholesale business that derives its principal income from buying and selling

firearms, with or without sale of ammunition and/or firearms accessories.

Section 8.50.060. PD-C standards.

B. The PD-C plan shall include a list of prohibited uses. At a minimum, the list shall include the following uses as

prohibited within any PD-C district:

6. Firearms stores

Title 9 – Public Peace and Welfare

Chapter 9.12 – Storage of Firearms

Section 9.12.010. Definitions.

he following words and phrases when used in this chapter, shall have the following meanings:

A. "Residence" refers to any structure intended or used for human habitation including, but not limited to a house,

condominium, room, accessory dwelling unit, trailer coach or house car that is parked and being used as a residence,

motel, hotel, time-share, and other locations where human habitation occurs.

B. "Locked container" refers to a secure container that is fully enclosed and locked by a padlock, biometric lock, key

lock, combination lock, or similar locking device, as defined in Penal Code Section 16850, as may be amended from time

to time.

C. "Firearm" refers to any rifle, shotgun, revolver, pistol, or any other 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

Penal Code section 16520(a), as may be amended from time to time.

D. "Gun lock" refers to a cable or trigger lock that is listed in the California Department of Justice's roster of approved

firearms safety devices, as defined in California Penal Code section 16540, as may be amended from time to time, and

that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the

physical characteristics of the firearm that match those listed on the roster for use with the device.

E. "Immediate control" means within close enough proximity and control that the owner or other lawfully authorized user

of the firearm can readily retrieve and use the firearm as if carried on the person.

Section 9.12.020. Regulation of firearm storage.

No person shall keep any firearm within a residence owned or controlled by that person unless the firearm is stored in a

locked container or disabled with a gun lock that has been approved by the California Department of Justice.

Section 9.12.030. Exceptions to firearm storage regulation.

The firearm storage regulations set forth in this chapter shall not apply in the following circumstances:

A. The firearm is carried on the person of, or is in the immediate control of, an individual, in accordance with any and all

applicable local, state or federal laws.

B. The firearm is under the control of a person who is a peace officer, either active duty or honorably retired, pursuant to

California Penal Code 830 et seq.

Section 9.12.040. Penalty for failing to properly store firearms in residence.

A. Penalty. A first violation of any provision of this chapter shall constitute an infraction. Any subsequent violation shall

constitute a misdemeanor.

B. Fines. A first violation of this chapter shall be punishable by a fine of two hundred fifty dollars ($250.00). A second or

subsequent violation of this chapter is a misdemeanor and shall be punishable by a fine of one thousand dollars

($1,000.00).

C. Other Enforcement Remedies. No provision of this chapter is intended to supersede or supplant any state law and a

violation of this chapter may be subject to any other civil or criminal procedures and fines as provided by state or federal

law.

Moreno Valley Municipal Code

Codified through Ordinance Number 981 and October 2021 code supplement.

itle 9 – Planning and Zoning

Chapter 9.02 – Permits and Approvals

Section 9.02.130. Home occupation permits.

E. P

rohibited Home Occupation Uses. The following uses, either by operation or nature, are not considered to be

incidental to or compatible with residential activities and therefore shall not be permitted as home occupations:

he sale, use or manufacture of ammunition, explosives or fireworks;

Chapter 9.07 – Special Districts

Article I – Special Districts in General

Section 9.07.040. Medical use overlay district (MUO).

. Development Standards.

2. For property with underlying zoning of neighborhood commercial and community commercial, the permitted uses of

the underlying zoning shall apply with the following exceptions:

n. Gun shops;

Morgan Hill Code of Ordinances

Codified through Ordinance Number 2319 N.S.., passed January 20, 2021. (Supplement Number 62)

itle 9 – Public Peace, Morals and Welfare

Chapter 9.04 – Weapons

Section 9.04.020. Licensed Dealers-Posting of Regulations.

ny person or business establishment engaged in the business of offering for sale any instrument or device described in

Section 9.04.010 of this chapter shall have posted in a conspicuous place in the place of sale, a copy of this chapter and

shall deliver a copy of this chapter to any purchaser of such instrument or device.

Section 9.04.030. Duty to report theft or loss of firearms.

ny person who owns or possesses a firearm (as defined in Penal Code Section 16520or as amended) shall report the

theft or loss of the firearm to the Morgan Hill Police Department within forty-eight hours of the time he or she knew or

reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the city of

Morgan Hill; or (2) the theft or loss of the firearm occurs in the city of Morgan Hill.

Section 9.04.040. Safe storage of firearms.

o person shall leave a firearm (as defined in Penal Code Section 16520 or as amended)unattended in any residence

owned or controlled by that person unless the firearm is stored in a locked container (as defined in Penal Code Section

16850 or as amended),or the firearm is disabled with a trigger lock that is listed on the California Department of Justice's

list of approved firearms safety devices.

Section 9.04.050. Possession of large-capacity ammunition magazines prohibited.

A. N

o person may possess a large-capacity magazine in the city of Morgan Hill whether assembled or

disassembled. For purposes of this section, "large-capacity magazine" means any detachable ammunition

feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the

following:

1. A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds; or

2. A .22 caliber tubular ammunition feeding device; or

3. A tubular magazine that is contained in a lever-action firearm.

B. Any person who, prior to the effective date of this section, was legally in possession of a large-capacity magazine

shall have ninety days from such effective date to do either of the following without being subject to prosecution:

1. Remove the large-capacity magazine from the city of Morgan Hill; or

2. Surrender the large-capacity magazine to the Morgan Hill Police Department for destruction; or

3. Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.

C. This section shall not apply to the following:

1. Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency

employees in the discharge of their official duties;

2. Any government officer, agent, or employee, member of the armed forces of the United States, or peace

officer, to the extent that such person is otherwise authorized to possess a large-capacity magazine and does so

while acting within the course and scope of his or her duties;

3. A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties;

4. Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized

employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the

entity's armored vehicle business;

5. Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal

Code Sections 18900, 26500-26915, 31000, 32315, 32650, 32700-32720,or 33300, when the possession of a

large-capacity magazine is in accordance with that license or permit;

6. A licensed gunsmith for purposes of maintenance, repair or modification of the large-capacity magazine;

7. Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or

ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer

than is reasonably necessary to deliver or transport the same to a law enforcement agency;

8. Any person lawfully in possession of a firearm that the person obtained prior to January1, 2000, if the person

can show that the large capacity magazine was included with the purchase of the firearm or no magazine that

holds fewer than ten rounds of ammunition is compatible with the firearm, and the person possesses the large-

capacity magazine solely for use with such firearm.

9. Any retired peace officer holding a valid, current Carry Concealed Weapons (CCW) permit issued pursuant to

California Penal Code.

Section 9.04.060. Confiscation—Authority—Conditions.

ny instrument, device or article used or possessed in violation of the provisions of this chapter is declared to be a public

nuisance and may be confiscated and possessed by a police officer of the city and turned over to the chief of police under

the conditions set forth in this section. If no complaint for violation of this chapter is filed within seventy-two hours of the

taking, the instrument or device shall be returned to the person from whom it was taken. If a complaint for violation of this

chapter is filed within seventy-two hours, the chief of police may return it to the person from whose possession it was

taken upon such conditions as he deems desirable for the public welfare. If the person from whom it was taken is not

convicted of a violation of this chapter, then the device or instrument shall be returned to him without any conditions. If

there is a conviction and sixty days have expired since the date of conviction, the same may be destroyed by the chief of

police or returned to the person from whom it was taken upon such conditions as the chief deems desirable for the public

welfare.

Section 9.04.070. Violation.

t is unlawful for any person to violate or cause or permit the violation of the provisions of any section of this chapter.

Napa Municipal Code

Codified through Ordinance Number O2022-005 and the March 2022 code supplement.

itle 17 – Zoning

Chapter 17.10 – Commercial Districts (CL, CT, CC, DCC, DMU, DN, OBC)

Section 17.10.010. Specific purposes.

he additional purposes of each commercial district follow:

E. Local Commercial (CL).

F. Tourist Commercial (CT).

G. Community Commercial (CC).

Section 17.10.020. Land use regulations.

Table A – Commercial Districts

P=Permitted C = Conditional S = Specific Standards Apply Blank = Not Allowed

Zoning Districts

Added Use Regulations

A. Commercial Uses

Gun shops

Chapter 17.14 – Industrial Districts (IP, IL)

Section 17.14.010. Specific purposes.

. Industrial Park (IP).

ight Industrial (IL).

Section 17.14.020. Land use regulations.

= Permitted C=Conditional Use Permit or Administrative Permit (see Chapter 17.58)

S = Specific Standards apply Blank = Not Allowed

Zoning Districts

IP-A

IP-B

IP-C

Added Use Regulations

B. Commercial Uses

9. Retail uses

Gun shops, gunsmiths

Chapter 17.20 – MU-G – Gateway Mixed Use D istrict

Section 17.20.020. Land use regulations.

= Permitted C = Conditional S = Specific Standards Apply Blank = Not Allowed

oning Districts

North of 6th

Street

South of 6th

Street

Added Use Regulations

A. Commercial Uses

8. Retail uses*

Gun shops

Chapter 17.52.0 – Site and Use Regulations

Section 17.52.240. Home occupations.

4. T

raffic. The use does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks

or panel delivery trucks, or clients coming to the residence, except for the following:

c. Sale or transfer of firearms which involve no more than four customer trips per month. Each such sale or transfer

shall be limited to not more than two firearms, however, the Community Development Director may authorize the sale

or transfer of a larger number of firearms on up to two occasions in any 12-month period after receiving a written

request not less than two weeks prior to the special sale or transfer. All firearms shall be stored in compliance with

California Penal Code Section 12071(14);

National City Code of Ordinances

Codified through Ordinance Number 2022-2502, passed May 3, 2022. (Supp. No. 60, Update 1)

Title 7 – Property Conservation and Community Appearance Code

Chapter 7.21 – Garage, Yard and Rummage Sales

Section 7.21.050. Prohibited items.

t is unlawful for any person to exchange, barter, trade or sell at a garage or rummage sale the following items: firearms,

ammunition, explosives, animals and livestock, any identifiable goods, and all other items the sale or possession of which

may be prohibited by ordinance or resolution duly adopted by the city council of the city or by the laws of the state or

county.

Title 10 – Public Peace, Morals and Safety

VII – Consumer Protection

Chapter 10.57 – Swap Meets

Section 10.57.020. Prohibited items.

t is unlawful for any vendor in a swap meet to exchange, barter, trade or sell, the following items of personal property:

firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number or

identifying number has been removed, or any other item of personal property which is prohibited from being exchanged,

bartered, traded or sold by ordinance or resolution or any laws of the city, the county, or the state.

Nevada County Code of Ordinances

Codified through Ordinance Number 2508 and the June 2022 code supplement.

Title 2 – General Code

Chapter III – Business Regulations

Article 14 – Firearms Dealers

Section G-III 14.1. Gun sales or leases must be through qualified dealer.

xcept as provided in Penal Code Section 12078, no person shall sell, offer for sale, lease or transfer any firearm to

another unless he or she is a dealer or the transaction is processed by a dealer pursuant to Penal Code Section 12082.

Section G-III 14.2. Permit required.

o person shall engage in the business of selling, leasing, transferring, advertising, offering, or exposing for sale, lease,

or transfer of firearms unless he or she has been issued a firearms dealer’s license by the Nevada County Sheriff’s Office.

Section G-III 14.3. License qualifications.

ny person over the age of 21 years who desires to become a firearms dealer shall apply to the Sheriff’s Office of the

County as follows:

A. Applicant shall submit a completed application for a firearms dealer’s license.

B. At the time an application for a firearms dealers license is submitted, the applicant must provide the following:

1. A valid federal firearms license.

2. A valid seller’s permit issued by the State Board of Equalization.

3. A certificate of eligibility issued by the Department of Justice.

C. Applicant shall be fingerprinted.

D. Applicant must pay an application fee in an amount to be determined by resolution of the Board of Supervisors.

E. Applicant must not be in a class of persons prohibited from possessing firearms by State law.

Section G-III 14.4. License is subject to approval.

ll firearms dealer’s licenses shall be subject to approval by the Sheriff or his designee. All applicants who are denied a

firearms dealers license shall be informed, in writing, of the reasons for such denial.

Section G-III 14.5. Renewal of license.

ny license granted herein shall be valid for one year from the date of issue. Applicant shall pay a license renewal fee to

the Sheriff’s Department in an amount set by resolution of the Board of Supervisors, if eligible.

Section G-III 14.6. License subject to forfeiture.

ny license granted herein shall be subject to forfeiture for failing to comply with the following conditions as contained in

Penal Code Section 12071:

A. Business shall be carried on in the building designated in the license, unless person is complying with Penal Code

Section 12082 as it pertains to a gun show or qualified event.

B. The license or copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be

seen.

C. No firearm shall be delivered:

1. Prior to a record check and clearance by the Department of Justice pursuant to Penal Code Section 12076;

2. Prior to the expiration of a 10 day waiting period pursuant to Penal Code Section 12071(a)(3)(A);

3. Unless unloaded and securely wrapped or unloaded and in a locked container;

4. Unless the purchaser, transferee, or person being loaned the firearm presents clear evidence of his or her identity

and age to the dealer as prescribed by Penal Code Section 12071(c)(1).

5. Whenever the dealer is notified by the Department of Justice that the person is a prohibited class described in

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

D. No pistol, revolver or other firearm, or imitation thereof, capable of being concealed upon the person, 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. Licensee shall agree to and shall act properly in processing transfers of firearms pursuant to Section 12082 of the

Penal Code.

F. Licensee shall comply with Sections 12073, 12076, and 12077, and subdivisions (a) and (b) of Section 12072, and

subdivision (a) of Section 12316 of the Penal Code.

G. Licensee shall post conspicuously within the licensed premises the warning fully set forth in Government Code Section

12071(b)(7).

H. No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered unless the

purchaser, transferee, or person being loaned the firearm presents to the dealer a basic firearms safety certificate as

described in Penal Code Section 12071(c)(2).

I. The licenses shall offer to provide the purchaser or transferee of a firearm, or person being loaned a firearm with 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 of

the firearm.

J. The licensee shall not commit an act of collusion as defined in Penal Code Section 12072.

K. The licensee shall post conspicuously within the licensed premises a detailed list of the charges and fees set forth in

Penal Code Section 12071(b)(11). The licensee shall not misstate the amount of fees charged by a governmental agency.

L. The licensee shall report the loss or theft of any firearm that is merchandise of the licensee, any firearm that the

licensee takes possession of pursuant to Penal Code Section 12082, or any firearm kept at the licensee’s place of

business within 48 hours of discovery to the appropriate law enforcement agency in the city or county where the

licensee’s business premises are located.

M. The licensee shall, upon the issuance or renewal of a license, submit a copy of the same to the Department of Justice.

N. The licensee shall maintain and make available for inspection during business hours to any peace officer, authorized

local law enforcement employee, or Department of Justice employee designated by the Attorney General, upon the

presentation of proper identification, a firearms transaction record as prescribed by Penal Code Section 12071(c)(5).

O. On the date of receipt, the licensee shall report to the Department of Justice the acquisition by the licenses of the

ownership of a pistol, revolver, or other firearm capable of being concealed upon the person, unless such transaction

qualifies under Penal Code Section 12071(b)(18)(B).

P. The licensee shall forward information as required by the Department of Justice, information on any firearm that is not

delivered within the time period set forth in Section 178.102(c) of Title 27 of the Code of Federal Regulations.

Section G-III 14.7. Violation.

ny person engaging in the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or

transfer of firearms, who does not come within the exceptions contained in Section 12070(b) of the Penal Code and who

does not obtain a license pursuant to this Article is guilty of a misdemeanor.

Newark Code of Ordinances

Codified through Ordinance Number 535, passed March 24, 2022. (Supp. No. 21, Update 1 )

Title 17 – Zoning

Division III – Citywide Regulations

Chapter 17.26 – Standards for Specific Uses

Section 17.26.140. Home occupations.

D. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

irearm sales;

Division V – Terms and Definitions

Chapter 17.46 – Definitions

Section 17.46.060. F.

irearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is

pelled through a barrel by the force of an explosion or other form of combustion.

Newport Beach Municipal Code

Codified through Ordinance Number 2022-15, passed June 28, 2022.

Title 5 – Business Licenses and Regulations

Chapter 5.80 – Retail Sale of Firearms

Section 5.80.010. Duly constituted licensing authority.

he City Manager, or his or her designated representative, is hereby designated as the City’s licensing authority and is

authorized to issue licenses for the sale of firearms pursuant to the California Penal Code

Section 5.80.020. Definitions.

. The term “City Manager” as used herein shall include any representative designated by the City Manager of the City

of Newport Beach pursuant to this chapter.

he term “firearms” shall mean the same as that term is defined in the California Penal Code.

Section 5.80.030. License required.

No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or

exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the City Manager pursuant to

this Code and the California Penal Code and has paid the required licensing fee. The license shall not be transferrable

and shall be valid for one year from the date of issue.

Section 5.80.040. Fees.

he City Council shall establish by resolution, and from time to time amend, a schedule of fees sufficient to cover the

costs to the City of Newport Beach of administering this ordinance, to be paid upon issuance of a license.

Section 5.80.050. Revocation or denial of license.

The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license on any of the

following grounds:

A. The applicant or license holder has failed to comply with any of the provisions of the California Penal Code.

B. The applicant or license holder has failed to comply with applicable provisions of the Newport Beach Municipal Code.

C. The applicant or license holder has failed to comply with applicable Federal firearms laws and regulations.

D. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the

permit application process.

In any such case, the applicant or license holder shall have the right to appeal to the City Council or a member of the City

Council may call an item for review in the time and manner set forth in this section.

When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license exists, the City

Manager shall serve the applicant or license holder, either personally or by certified mail addressed to the business

address of the applicant or license holder, with a notice of intent to suspend or revoke or refuse to renew the license. This

notice shall state the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no

appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council

and the decision of the City Manager to suspend, revoke or refuse to renew the license. A member of the City Council, in

their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the

matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the

Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15)

days following the personal service or deposit of the notice of intent to suspend or revoke or refuse to renew the license in

the United States mail, whichever shall occur first.

The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, appoint a

hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and

recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over

a hearing for a call for review. The City Council shall render its decision within forty-five (45) days from the date of the

hearing or, in the event that a hearing officer has been appointed, within forty-five (45) days from the date on which the

City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be

final

Section 5.80.060. Severability.

f any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or

unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the

remaining portions of the chapter. The City Council hereby declares that it would have passed the ordinance codified in

this chapter and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional

without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Novato Code of Ordinances

Codified through Ordinance Number 1685, passed May 24, 2022. (Supp. No. 20)

hapter XIV – Police Regulations

Section 14-14. Concealable firearms; sales.

-14.1 Permit Required. No person shall within the city engage in the business of selling or otherwise transferring any

handgun, pistol, revolver or other firearm capable of being concealed upon the person without first having received a

revocable permit from the chief of police authorizing such person to make such sales.

ivision 19.12 – Commercial/Industrial Zoning Districts

Section 19.12.030. Commercial/industrial district land uses and permit requirements.

Table 2-7 identifies the uses of land allowed by this Zoning Ordinance in the commercial and industrial zoning districts,

and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and

Permit Requirements). In addition to the land use permit required by Table 2-7, special provisions related to certain land

uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design

Review). A Building Permit shall be required prior to any construction.

Table 2-7 Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts

P Permitted Use (2)

UP Use Permit required (3)

— Use not allowed

Chapter XIX – Zoning

Article 2 – Zoning Districts, Allowable Land Uses, and Zone-Specific Standards

Permit Required by District

Land Use (1)

BPO

CDR

CDB

LIO

Specific Use Regulations

Retail Uses

Gun sales

—

Key To Zoning District Symbols

BPO Business and Professional Office

CDB Downtown Core Business

CDR

Neighborhood Commercial

General Commercial

Downtown Core Retail

LIO

Commercial/Industrial

Light Industrial/Office

Article 3 – Site Planning and General Development Standards

Division 19.60 Definitions/Glossary

Section 19.60.020. Definitions of specialized terms and phrases.

s used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this

Section, unless the context in which they are used clearly requires otherwise.

G. Definitions “G”.

Gun Sales. A retail business dealing in firearms and ammunition as a regular course of trade or business.

Oakland Code of Ordinances

Codified through Ordinance Number 13696, passed July 5, 2022. (Supp. No. 91, 9-22)

Title 5 – Business, Taxes & Regulations

Chapter 5.26 – Firearms Dealers

ection 5.26.030. Definitions.

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:

"Ammunition" means projectiles, cartridge cases, primers, bullets, or propellant powder designed for use in any firearm,

and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an "antique

firearm" as that term is defined in § 921(a)(16) of Title 18 of the United States Code.

"Engaged in the business" means the conduct of a business by the selling, transferring, or leasing of any firearm or

ammunition; or the preparation for such conduct of business as evidenced by the securing of applicable federal or State

licenses; or the holding of one's self out as engaged in the business of selling, transferring, or leasing of any firearm or

ammunition, or the selling, transferring, or leasing of firearms or ammunition in quantity, in series, or in individual

transactions, or in any other manner indicative of trade.

"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 an explosion or other form of combustion.

"Firearms dealer" means a person engaged in the business of selling, transferring, or leasing, or advertising for sale,

transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

"Permit" means a license to sell or transfer firearms or ammunition under this Chapter.

"Permittee" means a person or entity licensed to sell or transfer firearms or ammunition under this Chapter.

"Person" means natural person, association, partnership, firm, or corporation.

Section 5.26.040. Permit required.

t is unlawful for any person, partnership, cooperative, corporation, firm, or association to engage in the business of

operating or managing any business which sells, transfers, leases, or offers or advertises for sale, transfer, or lease, any

firearm or ammunition without first obtaining a permit from the Chief of Police of the Oakland Police Department.

Section 5.26.040.010. Display of permit.

he permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be

easily seen by those entering the premises.

Section 5.26.050. Application, forms, fees.

n applicant for a permit under this Chapter shall file with the Chief of Police a sworn application in writing, on a form to

be furnished by the City. The applicant shall provide all information requested, including proof of compliance with all

applicable federal, State, and local laws when required by the Chief of Police, or the application will not be deemed

complete. The application shall be accompanied by a nonrefundable fee as set forth in the City municipal license/permit

fee schedule. To the extent practicable, the fee amount shall reflect the cost of enforcing the requirements of this Chapter.

Section 5.26.060. Application, investigation.

The Chief of Police shall conduct an appropriate investigation to determine for the protection of the public safety whether

the permit may be issued. The Chief of Police may require additional information of an applicant deemed necessary to

complete the investigation.

Section 5.26.070. Application denial.

he Chief of Police shall deny the issuance of a permit, and has the authority to revoke an existing permit, when any of

the following conditions exist:

A. The applicant, or an officer, employee, or agent thereof, is under the age of 21 years.

B. The applicant is not licensed as required by all applicable federal, State and local laws.

C. The applicant, or an officer, employee, or agent thereof, has had a similar type permit previously revoked or denied for

good cause within the immediately preceding 2 years.

D. The applicant, or an officer, employee, or agent thereof, has made a false or misleading statement of a material fact or

omission of a material fact in the application for a permit.

E. The applicant, or an officer, employee, or agent thereof, has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee, or agent thereof, from owning or possessing a

firearm or ammunition under applicable federal, State, and local laws;

2. Any offense relating to the manufacturing, sale, possession, use, or registration of any firearm, ammunition or

dangerous or deadly weapon;

3. Any offense involving the use of force or violence upon the person of another;

4. Any offense involving theft, fraud, dishonesty, or deceit;

5. Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the

California Health & Safety Code as said definition now reads or may hereafter be amended to read.

F. The applicant, or an officer, employee, or agent thereof, is an unlawful user of any controlled substance as defined by

the California Health & Safety Code as said definition now reads or may hereafter be amended to read, or is an excessive

user of alcohol to the extent that such use would impair his or her fitness for a permit under this Chapter.

G. The applicant, or an officer, employee, or agent thereof, has been adjudicated as a mental defective, or has been

committed to a mental institution, or suffers from any psychological disturbance which would impair his or her fitness for a

permit under this Chapter.

H. The operation of the business as proposed will not comply with all applicable federal, State, or local laws.

I. The applicant, or an officer, employee, or agent thereof, proposes to operate in the following locations:

1. Within a zoning district in which general retail sales commercial activities are not a permitted or conditional use;

2. Within a zoning district in which residential use is the principal permitted or maintained use, or within 1,000 feet of

the exterior limits of any such district;

3. Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary,

junior high, or high school whether public or private;

4. On or within 1,500 feet of the exterior limits of any other premises occupied by a dealer in firearms or ammunition,

an adult entertainment establishment or a hot tub/sauna establishment.

J. The applicant, or an officer, employee, or agent thereof does not have and or cannot provide evidence of a possessory

interest in the property at which the proposed business will be conducted.

K. Any ground for denial exists as specified in this Code.

Section 5.26.080. Security.

n order to discourage the theft of firearms or ammunition stored on the premises, any business licensed under this

Chapter must adhere to security regulations promulgated by the Chief of Police pursuant to the authority provided by this

Chapter. Security measures shall include but not be limited to:

A. The provision of secure locks, windows and doors, storage lockers, adequate lighting, video surveillance and alarm

systems installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business

& Professions Code §§ 7590 et seq. with additional requirements as specified by the Chief of Police;

B. Storing of all firearms and ammunition not principally used in handguns on the premises out of the reach of customers

in secure, locked facilities, so that access to firearms and ammunition not principally used in handguns shall be controlled

by the dealer or employees of the dealer, to the exclusion of all others. Ammunition principally used in handguns shall be

stored pursuant to the requirements of Penal Code § 12061 (a)(2).

Section 5.26.090. Permit form.

ll permits issued pursuant to this Chapter shall be in the form prescribed by the Attorney General of the State of

California.

Section 5.26.100. Permit, duration, renewal.

ll permits issued pursuant to this Chapter shall expire 1 year after the date of issuance; provided, however, that such

permits may be renewed by the Chief of Police for additional periods of 1 year upon the approval of an application for

renewal by the Chief of Police and payment of the renewal fee. Such renewal application must be received by the Chief of

Police, in completed form, no later than 45 days prior to the expiration of the current permit.

Section 5.26.110. Permit, assignment.

he assignment or attempt to assign any permit issued pursuant to this Chapter is unlawful and any such assignment or

attempt to assign a permit shall render the permit null and void.

Section 5.26.120. Permit, conditions.

ny permit issued pursuant to this Chapter 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 Chief of Police. Any permit issued pursuant to this Chapter

shall be subject to such additional conditions as the Chief of Police finds are reasonably related to the purpose of this

Chapter.

A. The business shall be carried on only in the building located at the street address shown on the license.

B. The permittee shall comply with all federal, State, and local laws relating to the sale of firearms or ammunition.

C. The permittee shall post conspicuously within the licensed premises the following warning in block letters not less than

1 inch in height as per Penal Code § 12071(b)(11):

IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT, YOU MAY BE FINED

OR SENT TO PRISON

D. Persons Under the Age of 18 Excluded from Establishments Displaying Firearms. No person who maintains or

operates any place of business in which firearms are kept, displayed or offered in any manner, sold, furnished or

transferred shall permit the entry into the premises of persons under the age of 18 years, unless all firearms are

completely and wholly kept, displayed or offered within a separate room or enclosure to which persons under the age of

18 years are excluded. Each entrance to such a room or enclosure shall be signposted in block letters not less than 1 inch

in height to the effect that firearms are kept, displayed or offered in such room or enclosure and that persons under the

age of 18 are excluded.

A person who maintains or operates any place of business that openly displays firearms without providing for separate

enclosures therefor, must prevent entry into the premises of persons prohibited by age under State law from purchasing

firearms. The entrance to the establishment shall be signposted in block letters not less than 1 inch in height to the effect

that firearms are kept, displayed or offered on the premises and that persons under the age of 18 are excluded.

The person who maintains or operates any place of business in which firearms are kept, displayed or offered in any

manner, sold, furnished or transferred, and his employees, agents, and persons acting under his authority, are each and

together separately and jointly responsible for requiring bona fide evidence of identity of persons to prevent the entry of

persons not permitted to purchase a firearm under State law by reason of age. Bona fide evidence of identity of the

person is a document issued by a federal, State, county, or municipal government, or subdivision or agency therefor,

including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the Armed

Forces, which contains the name, date of birth, description, and picture of the person.

E. Persons Under the Age of 21 Excluded from Establishments Displaying Concealable Firearms. No person who

maintains or operates any place of business in which concealable firearms are kept, displayed or offered in any manner,

sold, furnished or transferred shall permit the entry into the premises of persons under the age of 21 years, unless all

concealable firearms and concealable firearms accessories are completely and wholly kept, displayed or offered within a

separate room or enclosure to which persons under the age of 21 years are excluded. Each entrance to such a room or

enclosure shall be signposted in block letters not less than 1 inch in height to the effect that firearms are kept, displayed or

offered in such room or enclosure and that persons under the age of 21 are excluded.

A person who maintains or operates any place of business that openly displays concealable firearms without providing for

separate enclosures therefor, must prevent entry into the premises of persons prohibited by age under State law from

purchasing concealable firearms. The entrance to the establishment shall be signposted in block letters not less than 1

inch in height to the effect that firearms are kept, displayed or offered on the premises and that persons under the age of

21 are excluded.

The person who maintains or operates any place of business in which concealable firearms are kept, displayed or offered

in any manner, sold, furnished or transferred, and his employees, agents, and persons acting under his authority, are

each and together separately and jointly responsible for requiring bona fide evidence of identity of persons to prevent the

entry of persons not permitted to purchase concealable firearms under State law by reason of age. Bona fide evidence of

identity of the person is a document issued by a federal, State, county, or municipal government, or subdivision or agency

therefor, including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the

Armed Forces, which contains the name, date of birth, description, and picture of the person.

F. Persons Prohibited from Possessing Firearms and/or Ammunition Excluded from Establishments Displaying Firearms

and/or Ammunition. Persons prohibited from possessing or purchasing firearms pursuant to California Penal Code §

12021 and 12021.1 or possessing or purchasing ammunition pursuant to Penal Code § 12316(b), or otherwise prohibited

by federal, state or local law from possessing or purchasing firearms, shall not enter into or loiter about any firearms

dealership, defined as a place of business in which firearms are openly kept, displayed or offered in any manner, sold,

furnished or transferred pursuant to Penal Code § 12070. Each entrance to such an establishment shall be signposted in

block letters not less than 1 inch in height to the effect that persons prohibited from possessing firearms pursuant to Penal

Code § 12021 are excluded from the premises.

When a firearms dealer displays or offers for sale firearms within a separate room or enclosure that segregates the

firearms, and firearms related accessories (including but not limited to, ammunition, ammunition clips, and holsters) from

other general merchandise, each entrance to such a separate room or enclosure shall be signposted in block letters not

less than 1 inch in height to the effect that persons prohibited from possessing firearms pursuant to Penal Code § 12021

are excluded from entering the separate rooms or enclosures.

Any dealer engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or

offering or exposing for sale, transfer, or lease, any firearm and/or ammunition within the City who knowingly violates the

provisions of Subsection G., or fails to adhere to the notice provisions of Subsection G., shall be subject to the penalty

provisions of this Chapter, including but not limited to suspension and/or revocation of his or her permit to sell firearms.

Any person prohibited from possessing firearms pursuant to Penal Code § 12021 who enters into or loiters about firearms

dealership in Oakland that has been properly posted pursuant to this Section is guilty of a misdemeanor.

G. Inventory Reports. Within the first 5 business days of April and October of each year, the permittee shall cause a

physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial

number, together with a listing of each firearm the permittee has sold since the last inventory period. In addition, the

inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code §

12071(b)(13). Immediately upon completion of the inventory, the permittee shall forward a copy of the inventory to the

address specified by the Chief of Police, by such means as specified by the Chief of Police. With each copy of the

inventory, the permittee shall include an affidavit signed by an authorized agent or employee on behalf of the permittee

under penalty of perjury stating that within the first 5 business days of that April or October, as the case may be, the

signer personally confirmed the presence of the firearms reported on the inventory. The permittee shall maintain a copy of

the inventory on the premises for which the law enforcement permit was issued for a period of not less than 5 years from

the date of the inventory and shall make the copy available for inspection by federal, State or local law enforcement upon

request.

H. Background Investigation and Verification. Employees, agents or supervisors of the applicant or permittee may not

have access to or control over workplace firearms or ammunition until those persons have undergone a law enforcement

investigation and background verification process as required by the Chief of Police. A new law enforcement investigation

and background verification of such persons must be conducted each time the permittee renews his or her permit, or

applies for a new permit. The Chief of Police shall deny the issuance or renewal of a law enforcement permit, or shall

revoke an existing permit, if the applicant or permittee allows any employee, agent or supervisor to have access to or

control over workplace firearms or ammunition prior to the completion of the law enforcement investigation and

background verification of those persons, or if those persons have not undergone the law enforcement investigation and

background verification process within the last 365 days.

Section 5.26.130. Permit, grounds for revocation.

n addition to any provisions constituting grounds for denial shall also constitute grounds for revocation.

Section 5.26.140. Permit, hearing.

A. A

ny person whose application for a permit under this Chapter has been denied, or whose permit has been revoked

pursuant to the provisions of this Chapter, shall have the right to a hearing before the Chief of Police or a designee prior to

final denial or prior to revocation.

B. The Chief of Police shall give the applicant or permittee written notice of the intent to deny the application or to revoke

the permit. The notice shall set forth the ground or grounds for the Chief of Police's intent to deny the application or to

revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the

notice to file a written request for a hearing. The application may be denied or the permit revoked if a written hearing

request is not received within the 10-day period.

C. If the applicant or permittee files a timely hearing request, the Chief of Police shall set a time and place for the hearing.

All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to

be represented by counsel, and to confront and cross-examine any witnesses against them. The decision of the Chief of

Police whether to deny the application or revoke the permit is final and nonappealable.

Section 5.26.150. Permit, liability insurance and indemnification.

o permit shall be issued or continued pursuant to this Chapter unless there is in full force and effect a policy of insurance

in such form as the City Attorney deems proper, executed by an insurance company approved by the City Attorney

whereby the applicant or permittee is insured against liability for damage to property and for injury to or death of any

person as a result of the sale, transfer or lease, or advertising for sale, transfer, or lease, or offering or exposing for sale,

transfer, or lease, any firearm. The minimum liability limits shall not be less than $1,000,000 for damage to or destruction

of property in any one incident, and $1,000,000 for the death or injury to any 1 person; provided, however, that additional

amounts may be required by the City Attorney if deemed necessary.

Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing

has been given to the City, addressed in care of the Chief of Police, 455 - 7th Street, Oakland, California, 94607, at least

30 days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name

the City, its officers, agents, and employees as additional insureds. Additionally, applicants and permittees shall

indemnify, defend, and hold harmless the City, its officers, agents, and employees, from claims arising from the

negligence of the applicant or permittee.

No permit shall be issued or continued pursuant to this Chapter unless the applicant agrees to indemnify, defend and hold

harmless the City, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of

any kind pursuant to the operation of the business, including attorneys fees, arising in any manner out of the negligence

or intentional or willful misconduct of the applicant, the applicant's officers, employees, agents and/or supervisors, or if the

business is a corporation, partnership or other entity, the officers, directors or partners.

Section 5.26.160. Permit, authority to inspect.

ny and all investigating officials of the City shall have the right to enter the building designated in the permit from time to

time during regular business hours to make reasonable inspections to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing, or health regulations, and provisions of this Chapter. A police investigator may

conduct compliance inspections from time to time during regular business hours to insure conformance to all federal,

State, and local law, and all provisions of this Chapter.

Section 5.26.170. Compliance.

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or

offering or exposing for sale, transfer, or lease, any firearm or ammunition on the effective date of this Chapter shall have

a period of 60 days after such effective date to comply with the provisions of this Chapter.

Section 5.26.180. Suspension or revocation of permit.

. If the dealer violates any federal, State or local county or City law, the Chief of Police may immediately suspend the

right of the dealer to sell firearms or ammunition. If the violation results in a criminal charge filed in court by a federal,

State, or county District Attorney, such permit to sell firearms or ammunition may be suspended until the case is

adjudicated in a court of law. If the person is convicted, such permit must be immediately revoked.

B. Notice of suspension shall be mailed to the person(s) who made application for the permit and shall be delivered to the

address listed on the permit.

C. In addition to any other penalty or remedy, the City Attorney shall report any person or entity whose law enforcement

permit is suspended or revoked pursuant to this Article to the Bureau of Firearms of the California Department of Justice

and the Bureau of Alcohol, Tobacco, Firearms & Explosives within the U.S. Department of Justice.

Section 5.26.190. Severability.

his Chapter shall be enforced to the full extent of the authority of the City. If any section, subsection, paragraph,

sentence or word of this Chapter is deemed to be invalid or beyond the authority of the City, either on its face or as

applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, or words

of this Chapter, and the applications thereof; and to that end the sections, subsections, paragraphs, sentences and words

of this Chapter shall be deemed severable.

Title 9 – Public Peace, Morals & Welfare

Chapter 9.20 – Ammunition Sales Registration

Section 9.20.030. Definitions.

s used in this Chapter, "ammunition" means projectiles, cartridge cases, primers, bullets, or propellant powder

designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can

be used solely in an "antique firearm" as that term is defined in § 921(a)(16) of Title 18 of the United States Code.

As used in this Chapter, "ammunition principally used in handguns" means ammunition designed or suited for use in

revolvers, pistols or other firearms capable of being concealed upon the person, as that term is defined in Penal Code §

12001(a).

"Vendor" means any individual, person, gun dealer, store, firm or corporation engaged in the business of selling

ammunition within the City.

Section 9.20.040. Record of ammunition sales.

he requirements of this Section shall apply to all ammunition sales in Oakland up until February 1, 2011. Effective

February 1, 2011, the requirements of this Section shall not apply to the sale or transfer of ammunition that is principally

for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal

Code § 12001(a).

Every vendor who sells ammunition in the City shall maintain a record of ammunition sales as prescribed by this Chapter.

The record shall be maintained on the vendor's premises, on forms supplied by, or approved by, the Oakland Police

Department (OPD). All ammunition sales must be conducted with the actual purchaser present in a face-to-face

transaction. An ammunition purchaser must provide to the vendor and the vendor shall record the following information:

A. The date of the transaction;

B. The purchaser's name, address and date of birth;

C. The purchaser's valid driver's license number or other government issued identification number from a valid

photographic I.D. such as a passport;

D. The brand of ammunition purchased;

E. The type and amount of ammunition purchased; and

F. The purchaser's signature and vendor's initials.

G. The thumbprint of the purchaser on the above record.

The information required to be recorded shall be maintained in chronological order by date of sale of the ammunition and

shall be retained on the business premises of the vendor for a period not less than 5 years following the date of the

recorded sale of the ammunition. In addition, the required information in Subsections A—G above shall be transmitted

electronically within 5 business days of sale to OPD by means determined by the Chief of Police.

Federal, State or local law enforcement officers may enter a vendor's premises during regular business hours for the

purpose of examining, inspecting or copying records required by this Chapter.

This Section shall not apply if the purchaser is a "peace officer" as that term is defined in Penal Code § 830 et seq., or a

federal law enforcement officer or a person licensed as a dealer or collector in firearms pursuant to Chapter 44

(commencing with Sec. 921) of Title 18 of the United States Code and the regulations pursuant thereto.

Section 9.20.050. Violation, penalty.

It is unlawful for any vendor engaged in the retail sale of ammunition in Oakland to knowingly make a false entry in, or fail

to make appropriate entry, or fail to properly maintain any such record, or refuse to immediately provide the ammunition

sales log for inspection to a federal, State or local law enforcement officer upon request.

Violation of any provision of this Chapter shall be a misdemeanor, subject to fines and penalties as provided by law.

Additionally, failure to abide by the requirements of this Chapter shall be grounds for the revocation of a vendor's

permit, pursuant to Chapter 5.26.

9.20.60. Severability.

his Chapter shall be enforced to the full extent of the authority of the City. If any section, subsection, paragraphs

sentence dor word of this Chapter is deemed to be invalid or beyond the authority of the City, either on its face or as

applied, the remaining sections, subsections, paragraphs, sentences, or words of this Chapter shall remain in full force

and effect, and to that end the provisions of this shall be deemed severable.

Chapter 9.36 – Weapons

Article II – Firearms and Weapons Violence Prevention

Section 9.36.131. Theft or loss of firearms, Reporting of stolen and/or lost firearms required.

A. A

ny person owning a firearm or in possession of a firearm is required to report the theft or loss of such firearm to the

Oakland Police Department when:

1. Owner resides in Oakland, AND/OR

2. The theft or loss of the firearm occurs in Oakland.

B. A person subject to the reporting requirements in Subsection A. is required to report the theft or loss of a firearm within

48 hours of when he or she knew or reasonably should have known that the firearm was stolen or lost.

C. A person who has experienced the theft or loss of a firearm between August 1, 1992 and July 30, 2002 and who

otherwise meets the reporting requirements in subsection A is required to report the loss or theft of such firearm to the

Oakland Police Department within 60 days of the effective date of the Amendment under which this new section was

adopted.

Article III – Prohibition on the Sale of Saturday Night Specials, Also Known as Junk Guns

Section 9.36.160. Purpose and intent.

he purpose of this article is to ensure the health, safety, and general welfare of city citizens by eliminating the sale of

cheaply made, inadequately designed and poorly manufactured handguns in the city.

Section 9.36.170. Saturday Night Special defined.

A. E

xcept as provided in subsection B of this section, term "Saturday Night Special" as used in this article means any of

the following:

1. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in the

California Penal Code § 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely

fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength;

2. A semi-automatic pistol which:

a. It is not originally equipped by the manufacturer with a locked-breech action, and

b. Is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper Units of

Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute,

c. For purpose of subsection (A)(2)(b) of this section, "semi-automatic pistol" means a firearm, as defined in

California Penal Code § 12001(b), which is designed to be held and fired with one hand, and which does the

following upon discharge: (i) fires the cartridge in the chamber, (ii) ejects the fired cartridge case, and (iii) loads a

cartridge from the magazine into the chamber. "Semi-automatic pistol" shall not include any assault weapons

designated in California Penal Code § 12276;

3. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California

Penal Code § 12001(a), which:

a. Uses an action mechanism which is substantially identical in design to any action mechanism manufactured in

or before 1898 that was originally chambered for rimfire ammunition developing maximum safe permissible

breech pressures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition

Manufacturers Institute, and

b. Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible

breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition

Manufacturers Institute, and

c. Is not originally equipped by the manufacturer with a nondetachable trigger guard, or

d. If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame,

e. For purposes of this subsection (A)(3), "action mechanism" means the mechanism of a firearm by which it is

loaded, locked, fired and unloaded commonly known as the cycle of operation.

B. Exclusions. The term "Saturday Night Special" does not include any of the following:

1. Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7)

and (8) of subsection (b) of California Penal Code § 12020; or

2. Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any

other gases not directly produced by combustion; or

3. Children's pop guns or toys; or

4. An "unconventional pistol" as defined in California Penal Code § 12020(c)(12); or

5. Any pistol which has been modified to either: render it permanently inoperable, or permanently to make it a device

no longer classified as a Saturday Night Special.

Section 9.36.180. Roster of Saturday Night Specials.

On or before January 1, 1997, the Chief of Police or his or her designee shall compile, publish, and thereafter maintain a

roster of Saturday night specials. The roster shall list those firearms, by manufacturer and model number, which the Chief

of Police or his or her designee determines fit the definition of Saturday night special set forth in § 9.36.170A.

Section 9.36.190. Notification.

A. Upon completion of a list of firearms to be placed on the roster for the first time, the Police Chief or his or her designee

shall endeavor to send written notification to:

1. The manufacturer of every firearm on said list; and

2. Every dealer within the city who is licensed to sell and transfer firearms pursuant to § 12071 of the Penal Code of

the state of California and Chapter 5.26 of this code.

B. Such notification shall do the following:

1. Identify the model number of the firearm which has been classified as a Saturday night special within the meaning

of § 9.36.170A; and

2. Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a

Saturday night special; and

3. Advise the recipient that the burden of proving a firearm does not constitute a Saturday night special within the

meaning of § 9.36.170A shall be on the recipient.

Section 9.36.200. Reconsideration by the Chief of Police.

A. The Chief of Police, or his her designee, shall, prior to the effective date of the ordinance codified in this article

establish standards and procedures for the form and content of an application, conducting an administrative hearing and

evaluating evidentiary testimony relating to the decision of the Chief of Police or his or her designee to classify the firearm

in question as a Saturday night special as defined in Section 9.36.170A.

B. Upon timely filing of 1 or more complete applications for reconsideration, the Chief of Police or his or her designee shall

evaluate the evidence submitted by the applicant(s). The applicant(s) shall have the burden of demonstrating that the

firearm does not constitute a Saturday night special within the meaning of § 9.36.170A

Section 9.36.210. Appeal of classification.

. If the Chief of Police or his or her designee determines that the firearm under reconsideration has been properly

classified as a Saturday night special, then the applicant(s) shall have the right to appeal such decisions to the City

Manager, and the applicant(s) shall have the right to a hearing before the City Manager or his or her designee prior to

inclusion of the firearm in question on the roster.

B. The City Manager, or his or her designee, is authorized to establish standards and procedures for the form and content

of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the

Chief of Police or his or her designee to classify the firearm in question as a Saturday Night Special as defined in §

9.36.170A.

C. The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a Saturday night

special within the meaning of § 9.36.170A.

D. parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and

to be represented by counsel.

E. The City Manager or his or her designee shall hear and consider all relevant evidence. Upon the conclusion of the

hearing, the City Manager or his or her designee shall, based on the evidence presented, determine whether the firearm

constitutes a Saturday night special within the meaning of § 9.36.170A.

F. In all instances, the decision of the City Manager or his or her designee whether to classify the firearm in question as a

Saturday night special as defined in the § 9.36.170A and to place said firearm on the roster is final.

Section 9.36.220. Publication of the roster.

he Chief of Police or his or her designee shall place on the roster those firearms which have been determined to

constitute a Saturday night special within the meaning of § 9.36.170A. The Chief of Police or his or her designee shall

cause the roster to be published in the following manner:

A. Notification of the roster's completion shall be published at least once in the official newspaper as designated by the

city and circulated in the city within 15 days after its completion; and

B. A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the City Clerk of the city;

and

C. A copy of the roster, certified as a true and correct copy thereof, shall be distributed to every dealer within the city who

is licensed to sell and transfer firearms pursuant to § 12071 of the Penal Code of the state of California and Chapter 5.26

of the municipal code.

Section 9.36.230. Effective date of roster.

he roster shall become effective on the fifteenth day after its publication.

Section 9.36.240. Additions to the roster.

Additions to the roster shall be made in accordance with the following:

A. Semiannual Determination. On a semiannual basis, the Chief of Police or his or her designee shall determine the need

to place firearms on the roster. Upon identifying 1 or more firearms as a Saturday night special, the City Manager or his or

her designee shall prepare a draft list of the additions to the roster.

B. Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the

Chief of Police or his or her designee shall endeavor to send written notification in accordance with the aforementioned

provisions of § 9.36.190.

C. Reconsideration by the Chief of Police. Any person who the Chief of Police or his or her designee notifies pursuant to

subsection B of this section may apply for reconsideration of the classification of that firearm as a Saturday night special

in accordance with the provisions of § 9.36.200.

D. Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night

special after reconsideration, the applicant may file an appeal to the City Manager and the City Manager or his or her

designee shall hold a hearing in accordance with the provisions of § 9.36.210.

E. Additions of Firearms to Roster. After all appeals have been exhausted, the Chief of Police or his or her designee shall

place on the roster those additional firearms which have been determined to constitute a Saturday night special within the

meaning of § 9.36.170A. The Chief of Police or his or her designee shall cause the roster, as amended to include these

additional firearms, to be published in accordance with § 9.36.220.

F. Effective Date of Additions to the Roster. The addition of new firearms to the roster shall not operate to preclude the

enforcement of the roster with respect to firearms previously listed thereon. The publication of the roster, as amended to

include new firearms, shall be effective as to those newly added firearms on the fifteenth day after its publication as set

forth in § 9.36.230.

Section 9.36.250. Sale prohibited.

]o wholesale or retail firearms dealer as licensed by the city in Chapter 5.26 of the municipal code shall sell, offer or

display for sale, give, lend or transfer ownership of, any firearm listed on the roster of Saturday night specials. This section

shall not preclude a wholesale or retail gun dealer from processing firearm transactions between unlicensed parties

pursuant to § 12072(d) of the Penal Code of the state of California.

Section 9.36.260. Exemptions.

othing in this article relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by sheriffs,

constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, nor

to persons who are authorized by the United States Federal Government for use in the performance of their official duties;

nor shall anything in this article prohibit the use of any firearm by the above-mentioned persons in the performance of their

official duties.

Section 9.36.270. Penalty.

ny person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a

misdemeanor under the provisions of this article shall be punishable by a fine of not more than $1,000 or by imprisonment

for a period not exceeding 6 months, or by both such fine and imprisonment. Each such person shall be guilty of a

separate offense for each and every day during any portion of which any violation of any provision of this article is

committed, continued or permitted by such person and shall be punishable accordingly. In addition, any person found to

be in violation of this Article shall be considered in noncompliance with the requirements of Chapter 5.26 of this code, and

subject to the suspension and or revocation of a firearms dealer permit.

Section 9.36.280. Severability and validity.

his article shall be enforced to the full extent of the authority of the city. If any section, subsection, paragraph, sentence

or word of this article is deemed to be invalid or beyond the authority of the city, either on its face or as applied, the

invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this article,

and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this article

shall be deemed severable.

Article V – Prohibition on the Sale of Compact Handguns

Section 9.36.420. Definitions.

. "Dealer" means a retail firearms dealer licensed by the city.

B. "Compact handgun" means a pistol, revolver, and any handgun designed to be concealed upon the person that has a

length of 6-3/4 inches or less or a height of 4-1/2 inches or less, measured with the magazine detached.

Section 9.36.430. Prohibition on the sale of compact handguns.

As of the effective date of this article:

A. No firearms dealer in Oakland shall transfer the title of any compact handgun as defined herein to any person. This

section shall not preclude a wholesale or retail gun dealer from processing firearms transactions between unlicensed

parties pursuant to § 12072(d) of the Penal Code of the state of California.

B. For the purposes of this section, the redemption of a compact handgun covered by this article pledged to a pawnbroker

prior to the effective date of this ordinance shall not be deemed the sale or transfer of title of that handgun. However, a

dealer may not rely on this exemption unless the transaction involved the redemption of a handgun pawned to a

pawnbroker by the purchaser.

C. Each dealer shall post a sign in a conspicuous place with letters at least 1 inch high stating the obligations and

restrictions of dealers under this ordinance, pursuant to direction by the Oakland Police Department.

D. The provisions of this section shall not apply to the following:

1. Any law enforcement agency;

2. Any agency duly authorized to perform law enforcement duties;

3. Any state or local correctional facility;

4. Any private security company licensed to do business in the state of California;

5. Any person who is properly identified as a full-time paid peace officer, as defined in § 830.1, 830.2, 830.4, or 830.5

of the Penal Code of the state of California, and who is authorized to carry a firearm during the course and scope of

his or her employment as a peace officer;

6. Any antique firearm, as defined in paragraph (16) of subsection (a) of § 921 of Title 18 of the United States Code;

7. Any motion picture, television, or video production company, or entertainment or theatrical company whose

production involves the use of an ultracompact firearm, and which secures such from unauthorized use;

8. Any person who is exempt from the provisions of subdivision (d) of § 12072 of the Penal Code of the state of

California;

9. Any person or entity conducting a transaction described in subdivision (k) of § 12078 of the Penal Code of the state

of California;

10. Any person who is licensed as a collector pursuant to Chapter 44, (commencing with § 921) of Title 18 of the

United States Code and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued

to him or her by the Department of Justice pursuant to § 12071 of the Penal Code of the state of California;

11. A

ny person or entity acquiring a compact handgun by bequest or intestate succession.

Section 9.36.440. Penalties.

Violation of this article by a firearms dealer shall subject the dealer to civil penalties as provided for in Chapter 1.8 and

12 of the OMC, and in addition shall subject the dealer to suspension or revocation of the dealer's firearms dealer

permit. Each instance wherein a compact handgun is sold, conveyed, transferred or distributed in violation of this article

shall be deemed a distinct and separate offense.

Chapter 9.37 – Unsecured Firearms and Ammunition in Unattended Vehicles

Section 9.37.030. Definitions.

he following terms are defined for use in this chapter.

"Ammunition" has the same meaning as defined by state law. It does not include fixed ammunition of a caliber greater

than .60 caliber (California Penal Code 18735) nor "deactivated ammunition" (California Penal Code 30335).

"Firearm" means 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 by state law.

"Handgun" means a pistol, a revolver, or a firearm capable of being concealed upon the person. A firearm capable of

being concealed includes a pistol or revolver, including any device designed to be used as a weapon, from which is

expelled a projectile by the force of any explosion, or other form of combustion, and that has a barrel less than sixteen

(16) inches in length. It includes any device that has a barrel sixteen (16) inches or more in length which is designed to be

interchanged with a barrel less than sixteen (16) inches.

"Licensee" is a person with a valid concealed carry weapons license issued by the appropriate law enforcement

authorities, as defined in the Penal Code 26150 et seq.

"Locked container" means a lock box that is listed on the California Department of Justice Bureau of Firearms roster of

approved firearm safety devices and that is locked and secured from entry by an unauthorized user.

"Long gun" means any firearm except for a handgun, a machine gun, an assault rifle or a .50 BMG rifle as those terms

are defined in state law.

"Person" includes a natural person or a legal entity (association, corporation, etc.) with responsibility for the ownership,

use, control, or direction of the vehicle.

"Public place" means a place that is open and accessible to the public, including but not limited to gas stations, public

parking lots and garages, driveways, and carports.

"Public right-of-way" means a highway, street, or roadway as those terms are defined in California Vehicle Code 360,

590 and 530 et seq.

"Trunk" means a fully enclosed compartment that is separate from the main cabin of the motor vehicle.

"Unattended" means a vehicle that is parked or standing in the public right-of-way or public place within the City and

which is not occupied and/or is outside the immediate control of the person responsible for the vehicle.

"Unsecured" means a handgun, long gun, or ammunition that is not safely stored in a vehicle in accordance with this

chapter.

"Vehicle" means a vehicle as defined in California Vehicle Code 670, and a motor vehicle as defined in California Vehicle

Code 415.

"Ve

hicle owner" means the registered owner of the vehicle, Vehicle Code 460.

Section 9.37.040. Unsecured handguns, long guns, and ammunition in unattended vehicles unlawful and

prohibited.

A. H

andguns.

1. It is unlawful for a person to leave a handgun in an unattended vehicle within the City of Oakland in a public right-

of-way or public place unless the handgun is stored in accordance with the safe storage provisions of this chapter.

2. It is unlawful for a licensee to leave a handgun in an unattended vehicle within the City of Oakland in a public right-

of-way or public place unless the handgun is stored in accordance with the safe storage provisions of this chapter.

B. Long Guns. It is unlawful for a person to leave a long gun in an unattended vehicle within the City of Oakland in a

public right-of-way or public place unless the long gun is stored in accordance with the safe storage provisions of this

chapter.

C. Ammunition. It is unlawful for a person to leave ammunition in an unattended vehicle within the City of Oakland in a

public right-of-way or public place unless the ammunition is stored in accordance with the safe storage provisions of this

chapter.

D. Safe Storage Requirements. Unless exempted by law, firearms and ammunition inside unattended vehicles must be

secured as follows:

1. In a lock box; and

2. The lock box must be stored:

(a) In the locked trunk of the vehicle; or

(b) The lock box must be stored inside the vehicle in a place where the lock box cannot be seen from the outside

or the lock box must be placed in a container that is permanently attached to the inside of the vehicle; and

3. T

he key or other disabling device to the lock box is not left in the unattended vehicle.

Section 9.37.050. Public nuisance.

Unsecured firearms and ammunition in unattended vehicles in violation of this chapter constitute a public nuisance subject

to abatement, penalties, and remedies provided under this chapter, other provisions of the Oakland Municipal Code, and

state or federal law.

Section 9.37.060. Exemptions.

his chapter does not apply to persons authorized by state or federal law to carry or transport firearms or ammunition in

vehicles. To the extent there is a conflict between this chapter and state or federal, the more stringent requirements shall

govern.

Section 9.37.070. Criminal penalties.

iolations of this chapter constitute misdemeanors punishable by imprisonment in the county jail not exceeding six

months, a fine not exceeding one thousand dollars ($1,000.00), or by both. Each violation shall be deemed a distinct and

separate offense in accordance with the law.

Section 9.37.080. Civil penalties.

he City may assess civil penalties in accordance with Oakland Municipal Code Chapter 1.08 (Civil Penalties).

Alternatively or in conjunction with Chapter 1.08, the City may assess the following penalties for violations of this chapter:

(a) one thousand dollars ($1,000.00) for the first violation; (b) two thousand five hundred ($2,500.00) for the second

violation; and (c) five thousand dollars ($5,000.00) for the third violation and for each subsequent violation committed

within a calendar year.

Section 9.37.090. Authority of City Attorney to bring a court action.

. The City Attorney may bring a civil action for damages, abatement, injunctive and/or declaratory relief, and to recover

City costs as s/he deems appropriate.

B. The City Attorney may bring a civil action to obtain a money judgment against the defendant for any amount of

damages that is not ordered or collected by a criminal court, including but not limited to costs, attorney's fees, court costs,

and/or other costs incurred in connection with the civil prosecution of any claim for relief, damages or reimbursement.

he City Attorney may bring a criminal action for violations of this chapter.

Section 9.37.100. Liability of owner or operator of vehicle.

o the extent permitted by law, the registered owner, the driver, and any other person with control of the vehicle may be

subject to civil liability, penalties, and other remedies provided by this chapter and other law, including but not limited to

costs, penalties and fines based on negligence.

Section 9.37.110. Remedies not exclusive.

emedies under this chapter are cumulative and not exclusive. They are in addition to any other administrative, civil,

and/or criminal remedies provided by state, federal or other laws contained in the Oakland Municipal Code. The City may

seek an order for award of attorney's fees.

Remedies may be recovered by all appropriate legal means including but not limited to criminal prosecution, civil action,

nuisance abatement, or lien proceedings.

Concealed carry licensees also may be subject to suspension or revocation of their licenses for violations of this chapter.

Section 9.37.120. Amendments to state laws adopted.

n the event that any California statute adopted or referred to in this chapter is amended or succeeded by another

enactment of the California Legislature, such amendments shall be automatically deemed adopted as part of this chapter

as if fully set forth herein unless the City Council amends this chapter to provide otherwise.

Section 9.37.130. City Administrator regulations.

he City Administrator directly or through the Oakland Police Department may establish regulations to aid in the

administration of this chapter, but the lack of such regulations shall not delay or otherwise impede enforcement of this law.

Chapter 9.39 – Safe Storage of Firearms in a Residence

Section 9.39.030. Definitions.

irearm" means 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.

"Residence" means any structure intended or used for human habitation, including but not limited to, houses,

condominiums, rooms, motels, and time-shares. For purposes of this chapter, it also includes a garage which is enclosed

within or located adjacent to such a structure and which is not open to the public.

"Locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock,

or similar locking device as defined by California Penal Code Section 16850. It includes a lock box that is listed on the

California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this

chapter, it does not include a bag or other container made of fabric or other penetrable material, such as a regular purse,

backpack, or gym bag.

Section 9.39.040. Safe storage of firearms in a residence required.

xcept when carried on his or her person, no person shall keep a firearm (as defined in Penal Code Section 16520 or as

amended) in any residence unless the firearm is stored in a locked container, or the firearm is disabled with a trigger lock

that is listed on the California Department of Justice's list of approved firearms safety devices.

Section 9.39.050. Penalty.

violation of this section shall be subject to enforcement through criminal prosecution and/or civil penalties, as provided

herein.

1. Violation a Misdemeanor. A person who violates this chapter shall be guilty of a misdemeanor punishable by

imprisonment in the county jail not exceeding six months or by fine not exceeding one thousand dollars ($1,000.00), or by

both. Each violation shall be deemed a distinct and separate offense.

2. Civil Penalties. The City may assess civil penalties pursuant to Oakland Municipal Code Chapter 1.08 (Civil Penalties)

in the amount of one thousand dollars ($1,000.00) per violation.

Section 9.39.060. Remedies not exclusive.

Remedies under this chapter are cumulative and not exclusive. They are in addition to and do not supersede or limit other

administrative, civil, and/or criminal remedies provided under state or federal law, or other provisions of the Oakland

Municipal Code. The City may seek an order for the award of attorney's fees.

Section 9.39.070. Amendments to state laws adopted herein.

In the event that any California statute adopted or referred to in this chapter is amended or succeeded by another

enactment of the California Legislature, such amendments shall be deemed automatically adopted as part of this chapter

as if fully set forth herein unless the City Council amends this chapter to provide otherwise.

Oakley Municipal Code

Codified through Ordinance Number 11-22, passed August 9, 2022.

Title 4 – Public Health, Safety and Welfare Regulations

Chapter 1 – Dangerous Materials

Article 2 – Weapons

Section 4.1.202. Firearms possession by minors.

No minor under the age of 16 years shall possess or use firearms of .22 caliber or greater or air guns except under the

direct supervision and control of an adult.

Section 4.1.204. Firearms discharge restrictions; exceptions.

d. Firearms Ammunition Sale to Minors. No person shall sell or give to any minor under the age of 16 years any

ammunition capable of being used in any firearm, unless the minor is accompanied by a parent, legal guardian or adult

authorized by the parent.

Title 5 – Business Regulations

Chapter 11 – Firearms Sales

ection 5.11.004. Conditional use permit required.

a. A

ny person engaged in the business of selling, transferring, leasing or advertising for sale, transfer or lease, or offering

or exposing for sale, transfer or lease, any firearm must obtain a conditional use permit from the City to do so subject to

approval of the City Council.

b. A person shall not be deemed licensed to sell firearms until that person has obtained all Federal and State permits and

licenses and a conditional use permit.

Section 5.11.006. Conditional use permit and fee.

he applicant shall apply for a conditional use permit pursuant to Section 9.1.1602(b) of the Oakley Municipal Code. The

application shall be accompanied by the nonrefundable fee set forth in the City’s master fee schedule.

Section 5.11.008. Security and safety measures.

n addition to the requirements stipulated in this chapter, the applicant must also furnish an outline of the security and

safety measures that will be used in the operation of the business. Required measures shall include the following:

a. The facility shall be in compliance with all of the requirements of the City’s building code, fire code, and any other

technical code or regulation of the City which may govern the use, occupancy, maintenance, construction or design of

buildings or structures. The applicant must obtain a final inspection from the City Building Official demonstrating full code

compliance before the applicant may commence business at the premises at issue;

b. The doors, windows or other means of entry into the proposed business site shall be furnished with a system which will

cause an audible alarm to sound on the exterior of the building, or a silent alarm to a centralized monitored facility

signaling unauthorized entry;

c. The applicant must have a method of storage of inventory which is explosive or flammable at the proposed business

site shall be in compliance with Federal and State law and with the City’s fire code;

These measures shall be subject to review by the Chief of Police or his or her designee, the appropriate fire protection

agency, and must be approved by the City Council.

Section 5.11.010. Submittal requirements.

n addition to any submittal requirements set forth in Oakley Municipal Code Section 9.1.1602(d), the applicant shall

provide proof of any and all licenses and permits required by Federal or State law for firearms sales.

Section 5.11.012. Review by Chief of Police.

he Chief of Police shall review the application for the conditional use permit and shall provide his or her findings to the

City Council for consideration by the City Council as part of its public hearing for the conditional use permit.

Section 5.11.014. Requirements.

The following requirements shall apply to any person, firm or corporation that is granted a conditional use permit for

firearms sales:

a. No firearms shall be delivered:

1. Within any waiting period required by Federal or State law;

2. Unless unloaded and securely wrapped or in a locked container which is fully enclosed and securely locked by a

padlock or similar locking device as required by State law;

3. Unless the purchaser either is personally known to the applicant or presents clear evidence of his or her identity.

Such evidence of identity may include a driver’s license, State identification card, an armed forces I.D. card with the

purchaser’s signature and photograph, or similar documentation providing reasonable assurance of the purchaser’s

identity. No such documentation shall be accepted, however, unless it contains the purchaser’s signature and

photograph;

4. If the dealer is notified by the State Department of Justice that a purchaser is in a prohibited class under State law;

b. No pistol, revolver or other firearm capable of being concealed upon the person or imitation thereof, or placard

advertising their sale or other transfer, shall be displayed in any part of the premises where it can easily be seen from the

outside;

c. The applicant shall agree to properly and promptly process transfers of firearms pursuant to State law;

d. The applicant shall keep a register of sales as required by State law;

e. The applicant shall not sell, deliver or transfer any pistol, revolver, or other firearm capable of being concealed upon the

person to any person under twenty-one (21) years of age or any other firearm to any person under eighteen (18) years of

age;

f. No pistols, revolvers or firearms capable of being concealed upon a person shall be delivered unless the purchaser or

transferee presents to the applicant a basic firearms safety certificate;

g. The applicant shall offer to provide the purchaser or transferee of a firearm with a copy of the pamphlet described in

California Penal Code Section 12080 (California Firearms Law) and may add the cost of the pamphlet to the sales price of

the firearm;

h. The applicant shall re-apply for a permit from the City if it changes business location and such relocation shall require a

new inspection to ensure compliance with Section 5.11.008;

i. The applicant shall maintain records of all employees, identifying them by name, address, date of birth and social

security number. The applicant shall notify the City within ten (10) days of any changes in employees and submit the

required identification information for each newly hired employee. Failure to comply with these requirements shall be

grounds for revocation of the applicant’s permit;

j. The applicant shall conduct business only in the building located at the street address shown on the business license.

This requirement, however, shall not prohibit the applicant from participating in gun shows or events which are specifically

authorized by Federal and State law upon compliance with Federal and State law;

k. The applicant shall comply with all Federal, State and local laws related to firearms sales;

ll other requirements deemed by the City Council to be necessary and proper to protect the public interest and welfare.

Section 5.11.016. Home occupation permit.

home-based holder of a valid Federal firearms license, a valid seller’s permit issued by the State Board of Equalization,

and a valid certificate of eligibility issued by the Department of Justice, all of which were issued prior to June 1, 2011, and

who has obtained a home occupation use permit from the City, may continue his/her operation. Home-based firearms

sales are prohibited if the above-mentioned licenses, certificates and permits were obtained after June 1, 2011.

Section 5.11.018. Denial of conditional use permit.

conditional use permit may be denied based on one or more of the following:

a. The applicant, or an officer, employee or agent thereof, is under the age of twenty-one (21) years;

b. The applicant is not licensed as required by all applicable Federal or State laws, or the applicant’s inventory does not

conform to the type of Federal or State firearms permit issued to the applicant;

c. The applicant, or an officer, employee or agent thereof, has had similar type of permit previously revoked or denied for

good cause within the immediately preceding year;

d. The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a

material fact in the application for a permit;

e. The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity,

or any other information required by the Chief of Police to complete his or her investigation;

f. The applicant, or an officer, employee or agent thereof, has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing a

firearm under applicable Federal, State, and local laws,

2. Any offense relating to the manufacture, sale, possession, use or registration of any firearm or dangerous or deadly

weapon,

3. Any offense involving the use of force or violence upon the person of another,

4. Any offense involving theft, fraud, dishonesty or deceit,

5. Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the State

Health and Safety Code;

g. The applicant, or any officer, employee or agent thereof, is currently an unlawful user of any controlled substance as

defined by the State Health and Safety Code, or has been in the past two years, or is an excessive user of alcohol, to the

extent that such use would impair his fitness to be a dealer in firearms;

h. The applicant, or any officer, employee or agent thereof, has been adjudicated as a mental defective, or has been

committed to a mental institution, or suffers from any psychological disturbance which would impair his/her fitness to be a

dealer in firearms;

i. The business facility is in violation of any Federal, State or local ordinances.

The statute of limitations provisions for filing a petition as set forth in Oakley Municipal Code Section 1.8.010 shall apply to

any permit that is denied.

Section 5.11.020. Possessory interest.

o application for a conditional use permit shall be processed until the applicant provides proof satisfactory to the

Community Development Director that the applicant, officer, employee or agent thereof has a possessory interest in the

property at which the proposed business will be conducted.

Section 5.11.022. Site restrictions.

o conditional use permit may be issued for any location which is:

a. Within any residential zoning district or within one hundred fifty (150) feet of the exterior limits of any such district

except pursuant to Section 5.11.016;

b. Within any zoning district in which retail services is not a permitted conditional use;

c. Within five hundred (500) feet of the exterior limits of a dealer in firearms, a massage parlor or an adult entertainment

establishment;

d. Within one hundred fifty (150) feet of the exterior limits of any premises occupied by a public or private day care center

or day care home, elementary school, junior high or high school, whether public or private;

e. Within five hundred (500) feet of any other premises occupied by a firearms dealer as measured from the entry door in

a straight line.

Section 5.11.024. Authority to inspect.

ny investigation officials of the City shall have the right to enter the premises for which the use permit was obtained from

time to time to make reasonable inspections to observe compliance with Sections 5.11.008 and 5.11.014 of this chapter.

A warrant shall be obtained whenever required by law.

Section 5.11.026. Revocation of conditional use permit.

f the Building Official, Chief of Police, or any other person has reason to believe that the applicant is not in full compliance

with this chapter, a report shall be made to the City Council by such person. After an investigation of the facts contained in

the report, the Community Development Director may commence proceedings to revoke the conditional use permit.

Section 5.11.028. Expiration of conditional use permit.

a. C

onditional use permits issued for firearms sales shall expire one year after the date of issuance. Such permits may be

renewed by the Chief of Police for additional one-year periods upon the applicant’s submission of an application for

renewal, accompanied by a nonrefundable renewal fee as required by the City’s master fee schedule. The completed

renewal application and the renewal fee must be received by the Chief of Police no later than forty-five (45) days prior to

the expiration of the current conditional use permit.

b. The Community Development Director shall inform the Chief of Police when a conditional use permit expires. The Chief

of Police shall inform the Community Development Director when a renewal is denied by the Chief of Police. Proceedings

to revoke the conditional use permit can be initiated by the Community Development Director for either an expired

conditional use permit or when a renewal is denied.

c. A decision by the Chief of Police regarding denial of renewal of the conditional use permit may be appealed to the City

Council.

Section 5.11.030. Conditional use permits are nonassignable.

o conditional use permit issued under this chapter shall be sold, transferred or assigned by the person to whom the

conditional use permit is issued or by operation of law to any other person or entity. Any such sale, transfer or assignment

shall be deemed to constitute a voluntary surrender of such conditional use permit and such conditional use permit shall

thereafter be deemed terminated and void.

Section 5.11.032. Insurance requirement.

ach applicant shall be subject to the requirements of this chapter and shall maintain at all times while engaged in said

business a policy of public liability insurance. Said policy of insurance shall provide coverage in the amount and to the

limits prescribed by the Finance Director. Any such policy of insurance shall contain an endorsement naming the City of

Oakley and its employees and agents as additional insureds and further providing that the policy will not be cancelled

without providing immediate notice to the City. Failure to obtain and maintain the insurance required herein shall

constitute grounds for revocation or suspension of the applicant’s conditional use permit.

Section 5.11.034. Violations.

t is unlawful for any person or entity to operate a retail firearms business within the City of Oakley without valid Federal,

State and local permits and licenses as set forth by this chapter.

Section 5.11.036. Penalties.

ny person or entity, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of

any of the provisions of this chapter, shall be guilty of an infraction or misdemeanor, as charged by the City Attorney.

Title 9 – Land Use Regulations

Chapter 1 – Zoning

Article 11 – Additional Requirements for Development

Section 9.1.1120. Home business permits.

c. R

equirements.

ii. The Home-Based Business shall not:

15. Result in the sales of firearms and ammunition.

Oceanside Code of Ordinances

Codified through Ordinance Number 22-OR0062-1, enacted January 26, 2022. (Supp. No. 38)

hapter 15 – Licenses

Article III – Concealable Firearms

Section 15.39. Application.

Any person desiring a state license to sell concealable firearms shall make a written application to the business license

division, who shall refer the application to the appropriate city departments for investigation as to:

(1) Security of the business premises;

(2) Criminal record or lack thereof of applicant;

(3) Applicant's reputation for honesty and integrity in the community.

The city departments concerned shall complete their investigation and make written recommendation to the business

license division within thirty (30) days of the date of the application.

Section 15.40. Issuance – denial.

fter considering the recommendations of the city departments, and considering the number of local concealable firearm

dealers, the business license division shall issue the license or deny the application. The applicant or any other person

requesting the same shall be notified in writing of the decision rendered by the business license division with reference to

such application. Such notice shall be given by U.S. mail, postage prepaid, addressed to such person at his/her last

known address.

Section 15.41. Fee.

Each application shall be accompanied by an investigation fee of fifty dollars ($50.00), which shall not be prorated, or

refunded, and shall be in addition to the city business license fee.

Section 15.42. Revocation.

ny state license to sell concealable firearms shall be subject to revocation by the business license division for any

grounds that would warrant the denial of the issuance of such license in the first instance. Prior to the revocation of any

state license to sell concealable firearms, the licensee shall be entitled to a hearing held before the department director or

a hearing officer appointed by the city manager, at which time evidence will be received for the purpose of determining

whether such state license will be revoked. Notice of such hearing shall be given in writing and served at least fifteen (15)

days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of

such license and shall designate the time and place where such hearing shall be held. Said notice shall be served upon

the license holder by delivering the same personally, or by leaving such notice at the place of business or residence of the

license holder in the custody of a person of suitable age and discretion. In the event the license holder cannot be found

and the service of such notice cannot be otherwise made in a manner herein provided, a copy of the notice shall be sent

by first class mail addressed to the license holder at his/her place of business or residence at least fifteen (15) days prior

to the date of the hearing.

In the event the state license is revoked, the notification and reasons for such revocation shall be set forth in writing and

sent to the licensee by means of first class mail or hand delivery.

Section 15.43. Appeal.

Within twenty (20) days after any action of denial or revocation has been taken by the business license division and any

hearing was held as provided for in section 15.42, an aggrieved applicant or former licensee may appeal such action to

the City Council of the City of Oceanside. Upon the filing of such request the city clerk shall set a time and place for

hearing and shall notify the appellant thereof. The hearing shall be set on a date which is within forty five (45) days of the

filing of the request. At the hearing, any person may present evidence in opposition to or in support of the appellant's

case. At the conclusion of the hearing the city council shall either grant or deny the appeal, and the decision of the city

council shall be final.

Chapter 31B – Swap Meets

Section 31B.15. Prohibited articles.

t shall be unlawful for any person to exchange, barter, trade, sell, or give away firearms, explosives, goats, cows, horses,

mules, burros, cats, dogs, rodents, reptiles, amphibians, birds, or any other type of animal at a swap meet, or at any

adjacent parking lot under the control of the swap meet operator or any roadway under the control of the swap meet

operator leading directly into a swap meet.

Ojai Code of Ordinances

Codified through Ordinance Number 929 and the June 2022 code supplement.

Title 10 – Planning and Zoning

Zoning Districts, Allowable Land Uses An Zone Specific Standards

Article 5 – Commercial and Manufacturing Zoning Districts

Section 10.2.502. Purposes of commercial and manufacturing zoning districts.

The commercial and manufacturing zoning districts are intended to "Maintain an adequate inventory of commercial lands

for the provision of goods and services to the community that...contribute to a sound local economic base." (General Plan,

Land Use Element). The purposes of the individual commercial and manufacturing zoning districts and the manner in

which they are applied are as follows.

(a) C-1 (General Commercial) District.

(b) B-P (Business Professional Commercial) District.

(d) M-1 (Light Manufacturing Industrial) District.

(e) MPD (Manufacturing Planned Development)

Section 10.2.503. Commercial and manufacturing district land uses and permit requirements.

Table 2-4 identifies the uses of land allowed by these Zoning Regulations in the commercial and manufacturing zoning

districts, and the land use permit required to establish each use, in compliance with Section 10-2.303.

Table 2-4 Allowed Uses and Permit Requirements for Commercial and Manufacturing Zoning Districts

P = Permitted Use

MUP = Minor Conditional Use Permit Required

CUP = Conditional Use Permit Required

— = Use Not Allowed

Permit Required by District

Land Use (1), (5) C-1 B-P VMU M-1 MPD

Specific Use

Regulations

Retail Trade

Gun shops

—

Ontario Municipal Code

Codified through Ordinance Number 3197, passed December 7, 2021. (Supplement Number 26)

olume I

Title 5 – Public Welfare, Morals and Conduct

Chapter 10 – Weapons

Section 5-10.03. Possession of firearms by minors.

(

a) Rifles and shotguns. It shall be unlawful and a misdemeanor for any person under the age of eighteen (18) years

to have in his possession, custody, or control any rifle or shotgun within the City unless he has the written

permission of his parent or guardian to have such firearm or is accompanied by his parent or guardian while he

has such firearm in his possession, custody, or control.

Orange Code of Ordinances

Codified through Ordinance Number 19-21 and the May 2022 code supplement.

itle 5 – Business Taxes and Regulations

II – Business Permits and Regulations

Chapter 5.42 – Concealable Firearms Sellers’ Permit

Section 5.42.010. Permit, required.

he business of selling concealable firearms shall be conducted only under a permit issued by the City and shall be

subject to all conditions contained in this chapter and Section 12070 et seq. of the California Penal Code.

Section 5.42.020. Permit, application.

pplication for a permit to carry on the business of selling concealable firearms shall be made to the Chief of Police upon

forms to be furnished by the Business Services Coordinator.

Section 5.42.030. Police investigation of applicant.

he Chief of Police shall cause each applicant to be fingerprinted and photographed, a record of which shall be kept in the

office of the Chief of Police. The applicant shall pay the amount set by the State for processing the fingerprints. The Chief

of Police shall cause an investigation of each applicant to be made to determine if such applicant has committed any act

that if done by a permittee would be grounds for revocation or suspension of a permit, or if such applicant has been

convicted of a felony or any crime that has a substantial relationship to the permitted business.

Section 5.42.040. Standards for granting permit.

he Chief of Police shall approve or deny the permit based upon the grounds in Section 5.32.080 and the following

criteria:

A. Proper physical security of the business location to insure that the firearms will not be accessible to unauthorized

persons;

B. The number of existing approved licenses and their locations;

onforms to all zoning requirements; however, it shall not be permitted as a home occupation.

Section 5.42.050. Issuance of permit.

he Chief of Police shall approve or deny the permit within a reasonable time. Upon approval by the Chief of Police, the

Business Services Coordinator shall issue a concealable firearms seller's permit.

Section 5.42.060. Expiration of permit.

he permit shall expire twelve months after date of issue and a concealable firearms seller must file for a new permit for

each succeeding year, which filings will be made and acted upon in the same manner as the original application, except

that if the applicant's picture and fingerprints are already on file with the Chief of Police, picture and fingerprinting

requirements may be waived.

Section 5.42.070. Fee.

Each application shall be accompanied by a permit fee in such amount as is established from time to time by resolution of

the City Council.

Orange County Code of Ordinances

Codified through Ordinance Number 22-001, enacted January 25, 2022. (Supp. No. 149)

itle 5 – Business and Special Licenses, Regulations

Division 1 – General

Article 2 – Licenses or Permits Required

Section 5-1-29. Licenses or permits required.

t shall be unlawful for any person, firm or corporation to engage in, conduct, manage or carry on any of the following

businesses, practices, professions or occupations within the unincorporated area of the County of Orange without first

having obtained a permit or license therefor in accordance with Divisions 2 and 3 of this title.

(q) Retail sale of concealable firearms;

Division 3 – Specific Additional License or Permit Requirements and Business Regulations

Article 16 – Retail Sale of Concealable Firearms

Section 5-3-240. Licensing of retail sellers of concealable weapons.

he Sheriff of Orange County is hereby designated as the licensing authority for said County and is authorized to issue

licenses therefor pursuant to article 4 of title 2 of part 4 of the California Penal Code (commencing with section 12070) as

said article exists or may be amended from time to time for the sale at retail of pistols, revolvers and other firearms

capable of being concealed upon the person.

Orange Cove Code of Ordinances

Codified through Ordinance Number 390, enacted May 11, 2022. (Supp. No. 16)

Title 5 – Business Taxes, Licenses and Regulations

Chapter 5.12 – Class V and VI Business Licenses

Section 5.12.220. Swap meets.

C. Exchanging, Selling, Etc. Firearms, Explosives at Swap Meets. No person shall exchange, barter, trade or sell firearms

or explosives at a swap meet.

Oxnard Code of Ordinances

Codified through Ordinance Number, current through March 15, 2022. (Supplement Number 42)

Chapter 11 – Permits

Article VIII – Permits to Sell Concealable Firearms

Section 11-220. Concealable firearm permit required; business tax certificate required.

(A) No person shall offer for sale, sell, transfer, or advertise any firearm capable of being concealed upon the person

without first obtaining a concealable firearm permit ("permit") from the police chief.

(B) A business tax certificate shall be obtained pursuant to Article I of Chapter 11 of this code before a permit is issued

unless the person, organization, or entity applying for the permit is exempt from paying business tax fees pursuant to

section 11-9 of this code.

Section 11-221. Application.

(A) The application for a permit shall be on a form approved by the police chief. An applicant for a permit shall file the

application with the chief of police with payment of the appropriate fee as established by resolution of the city council.

(B) The fee shall not be returned whether the application is approved, conditioned or denied.

Section 11-222. Investigation of applicant.

(A) By filing an application, the applicant consents to the police chief undertaking an investigation of the applicant and a

review of the information contained in the application. Thereafter, the police chief shall approve, conditionally approve or

deny the permit.

(B) The application shall include sufficient information to facilitate the investigation by the police chief, including, but not

limited to, the applicant’s name and identifying information, personal references, prior business and residential address,

prior law enforcement contacts, arrests, or citations.

(C) An application which is incomplete or contains false or misleading statements will be grounds to deny the application.

(D) The police chief’s investigation shall include the review of the application, police sources, private sources, as well as

the applicant’s references to determine if the applicant has any history of poor or ineffective business practices, violence,

questionable temperament, or mental health issues which would support a denial of the permit.

(E) If the application is approved or conditionally approved, the police chief shall issue the permit.

(F) If the application is denied or conditionally approved, the police chief shall promptly notify the applicant, in writing, of

the denial or conditional approval by certified or registered mail. The applicant may request a hearing as provided for

herein, to review the conditions or denial of a permit.

(G) The police chief shall include conditions upon issuance of the permit. The permit conditions shall include, but not be

limited to, the times, locations, and conditions under which the permit may be used; specific operational requirements

related to safety or business practices that the permittee shall follow while exercising the right under the permit; and under

what circumstances the permit can be suspended or revoked.

Section 11-223. Suspension, Revocation or modification of permit.

(A) The police chief may revoke or modify a permit for failure of the permittee to comply with laws, regulations, or permit

conditions.

(B) The police chief may suspend or revoke the permit if the applicant has been convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal or State law,

including, but not limited to, the offenses listed in Cal. Penal Code, Sections 29800 through 29875 and 29900

through 29905;

(2) An offense relating to the manufacture, sale, possession, or use of a firearm or dangerous or deadly weapon or

ammunition therefore;

(3) An offense involving the use of force of violence upon the person of another;

(4) An offense involving theft, fraud, dishonesty, or deceit; or

(5) An offense involving the manufacture, sale, possession, or use of a controlled substance as defined by the Cal.

Health and Safety Code..

(C) The police chief may suspend or revoke the permit if the applicant is within a class of persons defined in Cal. Welfare

and Institutions Code, Sections 8100 or 8103, or the applicant is currently, or has been within the last five years, an

unlawful user of, or addicted to, a controlled substances as defined by Cal. Health and Safety Code.

(D) The police chief shall mail to the permittee a notice of intent that the permit is proposed for suspension, revocation or

modification. The notice of intent shall state the reasons for the proposed suspension, revocation, or modification.

(E) The permittee may request a hearing, as provided herein, to review the proposed suspension, revocation or

modification. If such a request for hearing is not received within ten days of mailing the notice of intent, the police chief

shall mail to the permittee a notice that the proposed suspension, revocation or modification is in effect. Such notice shall

constitute an exhaustion of the administrative remedies available to the permittee.

Section 11-224. Request for hearing.

A request for hearing shall be filed with the city clerk within 14 days of the date of the subject notice or receipt of a

conditioned permit. The request shall include payment of an appropriate hearing fee established by resolution of the city

council. The request shall include a copy of the notice or conditioned permit and shall state the relief sought by the

person requesting the hearing.

Section 11-225. Hearings; notice.

On receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall

promptly set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the

date, time and place of hearing to the person requesting the hearing.

Section 11-226. Conduct of hearings.

(A) All hearings shall be open to the public.

(B) The person requesting the hearing shall first present evidence. Thereafter, a representative of the city may present

evidence.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of

evidence.

Section 11-227. Decision.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to all parties a written decision

containing a statement of the reasons on which the decision is based.

Section 11-228. Judicial action.

Judicial review of a final decision of the hearing officer or police chief may be sought in accordance with Cal. Code of Civil

Procedure, Sections 1094.5 and 1094.6.

Chapter 16 – Zoning Code

Article V – Specific Use Requirements

Division 6 – Home Occupations

Section 16-404. Prohibited home occupations.

Sale of alcohol, explosives, hazardous wastes, or firearms which involve the storage of such items within a structure are

prohibited as home occupations.

Pacific Grove Municipal Code

Codified through Ordinance Number 22-010, passed June 15, 2022.

Title 11 – Health, Safety and Environment

Chapter 11.60 – Concealed Weapons

Section 11.60.010. Local licensing authority designated.

The chief of police is designated as the “local licensing authority” as required under the provisions of Penal Code

Section 12071 of the state of California, and such chief of police shall be the authority who shall exercise discretion in

issuing or refusing a license for the sale at retail of pistols, revolvers and other firearms capable of being concealed upon

the person under such section. Such discretion shall be exercised in accordance with application forms and procedures

prescribed by the Attorney General of the state of California under Section 12071 of the Penal Code of the state of

California.

Section 11.60.020. Business license – Does not authorize sale.

No business license issued under Chapter 7.04 PGMC by the city’s finance director shall be deemed the exercise of

discretion for any firm or person to sell at retail any pistol, revolver or other firearm capable of being concealed upon the

person, without such firm or person having secured a current and subsisting license from the chief of police under

Section 12071 of the California Penal Code.

Pacifica Code of Ordinances

Codified through Ordinance Number 883-C.S., effective July 27, 2022. (Supp. No. 52)

Title 5 – Public Welfare, Morals, and Conduct

Chapter 14 – Weapons, Hunting, and Trapping

Section 5-14.01. Firearms: defined.

For the purposes of this chapter, "firearms" shall mean and include cannons, guns, pistols, revolvers, automatic pistols,

rifles, shotguns, "BB" guns, air guns, pellet guns, or any other weapons of similar nature designed to discharge a

projectile propelled by the expansion of a gas.

Section 5-14.04. Firearms: possession by minors.

(a) Unlawful. It shall be unlawful for any person under the age of eighteen (18) years to have in his possession in a public

place any firearm except as provided in subsection (b) of this section.

(b) Exceptions. The provisions of subsection (a) of this section shall not apply to such persons under the age of eighteen

(18) years:

(1) When the person under the age of eighteen (18) years is in the immediate charge of a parent, guardian, or adult

person having the responsibility for the conduct of such minor person; and

(2) When the firearm is unloaded and is either in a dismantled or "take-down" condition or completely wrapped or in a

carrying case made for the purpose of carrying such firearm. A gun shall be deemed to be unloaded only when no

ammunition or propellant is in any part of the gun or magazine or clip thereof.

Chapter 27 – Security of Buildings

Article 5 – Special Security Measures for Business Premises

Section 5-27.502. Alarm systems: silent robbery alarms.

Establishments listed in this section, and those businesses reasonably similar in nature, shall be protected by a silent

robbery alarm. The alarm may be connected to an alarm company's office or to the Police Services Division and shall be

installed pursuant to Chapter 16 of Title 5 of this Code.

(i) Gun and ammunition dealers;

Section 5-27.503. Alarm systems: silent intrusion alarms.

Establishments listed in this section, and those businesses reasonably similar in nature, shall be protected by a silent

intrusion alarm with a locally ringing alarm accessory optional. The alarm may be directed to a central station or to the

Police Services Division. The alarm may be connected to an alarm company's office or to the Police Services Division and

shall be installed pursuant to Chapter 16 of Title 5 of this Code.

(j) Gun and ammunition dealers;

Title 9 – Planning and Zoning

Chapter 4 – Zoning

Article 10 – C-1 Neighborhood Commercial District*

Section 9-4.1001. Permitted and conditional uses.

(a) Permitted uses. The following uses shall be permitted in the C-1 District:

(1) Retail uses, including, but not limited to, food markets, drug stores, liquor stores and retail restaurants, but

excluding firearms sales and any marijuana operation as defined in Article 48 of this chapter;

Article 11 – C-2 Community Commercial District*

Section 9-4.1001. Permitted and conditional uses.

(b) Conditional uses. Conditional uses allowed in the C-2 District, subject to obtaining a use permit, shall be as follows:

(9) Firearms sales, subject to the provisions of Section 9-4.2316.

Article 23 – General Provision and Exceptions

Section 9-4.2316. Firearms sales.

(a) Purpose. The purpose of this section is to provide for the appropriate location of firearms sales activity and to regulate

such activity through the permitting process.

(b) Definitions.

(1) For the purposes of this article, "firearm" shall be defined as specified in Section 5-14.01 of the Pacifica Municipal

Code, and shall also include 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.

(2) "Firearms sales" shall be defined to mean the sale, transfer or lease or advertising for sale, transfer or lease of

any firearm.

it shall be unlawful for any person to engage in firearms sales activity unless a use permit has been obtained pursuant to

Article 33 of this chapter and as further specified below. Subject to the restrictions listed below, firearms sales activity may

be allowed in the C-2 or C-3 zoning districts with an approved use permit. Firearms sales activity shall be prohibited in all

other zoning districts.

(d) Location. A use permit for firearms sales activity shall not be approved if the proposed business premises are located

within 1,000 feet of any property upon which a legally operating public or private elementary, middle or high school is

located or upon which a legally operating pre-school is located, or within 500 feet of another person engaged in firearms

sales activity with a current and lawful use permit.

(e) Conditions. An approved use permit shall not be effective until the applicant satisfies, in addition to any conditions

imposed by the Planning Commission, the following terms and conditions:

(1) Possession of all licenses and permits required by federal, state, and local law;

(2) Compliance with the requirements of the City of Pacifica's Building Code, Fire Code, and other technical codes

and regulations that govern the use, occupancy, maintenance, construction or design of the subject building or

structure;

(3) Final inspection from the Chief Building Official demonstrating code compliance prior to the commencement of

business at the subject location; and

(4) Possession of a valid City of Pacifica business license.

Article 31 – Home Occupation Permits*

Section 9-4.3101. Definitions.

(k)

(1) A home occupation shall not involve the storage or sale of firearms, other weapons, explosives, or ammunition.

Palm Springs Code of Ordinances

Codified through Ordinance Number 2063 and the June 2022 code supplement.

Title 8 – Buildings and Construction

Chapter 8.04 – Uniform Codes

Article II – Building Security Regulations

Section 8.04.180. Special commercial building provisions.

(j) Establishments having specific-type inventories shall be protected by the following type alarm service:

(1) Silent alarm system with a central station hookup and required twenty-four-hour supervised service:

(B) Any establishment manufacturing, storing or selling firearms and ammunition,

Title 11 – Peace, Morals and Safety

Chapter 11.16 – Firearms

Section 11.16.005. Definitions.

“Concealed carry licensee” means a person licensed or otherwise authorized to carry a concealable firearm pursuant to

California Penal Code Section 26150 et seq.

“Firearm” means 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.

“Locked Container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock,

or similar locking device as defined by California Penal Code Section 16850. For purposes of this Chapter, it also includes

a lock box that is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety

devices. For purposes of this Chapter, it does not include a bag or other container made of fabric or other penetrable

material, such as a regular purse, backpack, or gym bag.

“Residence” means any structure intended or used for human habitation, including but not limited to, houses,

condominiums, rooms, motels, and time-shares. For purposes of this ordinance, it also includes a garage which is

enclosed within or located adjacent to such a structure and which is not open to the public.

Section 11.16.045. Safe Storage of Firearms.

Except when carried on his or her person, or in his or her immediate control and possession, no person shall keep a

firearm (as defined in Penal Code Section 16520 or as amended) in any residence owned or controlled by that person

unless the firearm is stored in a locked container or the firearm is disabled with a trigger lock that is listed on the California

Department of Justice’s list of approved firearms safety devices.

Palm Springs Zoning Code

Codified through Ordinance Number 2063 and the June 2022 code supplement. For more recent amendments.

Chapter 92.00 – Zoning Regulations

Section 92.14.01. Uses permitted.

C. Uses Permitted by Land Use Permit.

1. Indoor uses:

j. Gun shops;

Palmdale Municipal Code

Codified through Ordinance Number 1587, passed May 4, 2022.

Title 5 – Business Licenses, Taxes and Regulations

Chapter 5.04 – Business Regulation

Article II – Businesses Requiring a Business Permit

Section 5.04.500. Gun dealers.

(A) Definitions. For purposes of this section, the following term shall have the following meaning:

“Gun dealer” means any person who sells or otherwise transfers to members of the public any pistol, revolver or other

firearm, new or used, capable of being concealed upon the person.

(B) Application Information.

(1) Permit Form. Any permit issued to operate a gun dealer shall be on a form provided by the State Attorney General.

(2) Application Form. Notwithstanding any other provision of this chapter, every applicant for a gun dealer permit shall

fill out the application form provided by the State Attorney General.

(C) Permit Subject to Conditions. All permits issued under this section are subject to the following conditions, breach of

any of which subjects the business permit to forfeiture:

(1) The business activity shall be carried on only in the building designated in the permit.

(2) The permit or a copy thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the

premises in which the business is being conducted.

(3) No pistol, revolver, or other firearm capable of being concealed upon the person shall be delivered:

(a) Within 10 days of the application for the purchase, or, after notice by the Department of Justice (“Department”)

pursuant to subdivision (c) of Section 12076 of the State Penal Code, within 10 days of the submission to the

Department of corrected copies of the register, or within 10 days of the submission to the Department of any fee

required pursuant to subdivision (d) of Section 12076 of the State Penal Code, whichever is later:

(i) Unless unloaded and securely wrapped or unloaded and in a locked container;

(ii) Unless the purchaser or transferee either is personally known to the dealer or presents clear evidence of

his or her identity to the dealer;

(iii) Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class

described in Section 12021 or 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare and

Institutions Code.

(b) 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.

and other firearms capable of being concealed upon the person.

(d) The permittee shall comply with Sections 12073 and 12077 and subdivision (b) of Section 12072 of the State

Penal Code.

Title 17 – Zoning

Division 2 – Review Procedures

Chapter 26 – Miscellaneous Administrative Approvals

Section 17.26.060. Home occupation permit.

D. Mandatory conditions for operation

Home occupations may be permitted on property used for residential purposes, provided that the use is operated

pursuant to the following conditions of operation:

24. No home occupation shall include the sale or storage of fire arms, ordnance, ammunition or other weapons which

are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation.

Division 5 – Commercial Zones

Chapter 17.54 – Commercial Center (Zone C-4)

Section 17.54.080. Accessory uses and structures permitted.

The following accessory uses and structures are permitted in the C-4 zone, provided that such uses are established on

the same lot or parcel of land as the permitted principal use, and that such accessory uses are incidental to and do not

substantially alter the character of the principal use.

N. Firearms and related accessories, sales and service, as an accessory use to the retail sales of sporting equipment.

Division 9 – Special Regulations

Chapter 17.92 – Commercial Uses

Section 17.92.080. Outdoor retail sales.

A. Purpose and intent

It is the purpose of these regulations to establish specific standards for outdoor retail sales uses established as primary

uses including swap meets, flea markets and other similar outdoor retail uses. The intent of these regulations is to prevent

potential negative impacts relating to noise, traffic, visual appearance, health and safety.

B. Development standards

Primary outdoor retail sales uses shall conform to the following standards in addition to all other applicable standards and

regulations:

8. Retail sales shall not include the sale of adult-oriented merchandise, firearms, or off-sale alcohol.

Palo Alto Code of Ordinances

Codified through Ordinance Number 5559, passed June 21, 2022. (Supplement Number 53-12/2021)

Title 4 – Business Licenses and Regulations*

Chapter 4.57 – Firearms Dealers

Section 4.57.010. Definitions.

(a) In addition to those words and phrases defined in Section 4.04.010 of this code, the following words and phrases,

whenever used in this chapter, shall be construed as defined in this section:

(1) "Chief of police" means the chief of police or his or her designee.

(2) "City" means the city of Palo Alto.

(3) "Firearms dealer" means a person engaged in the business of selling, transferring, or leasing, or advertising for,

sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

(4) "Department" means the California Department of Justice.

(5) "Engaged in the business" means the conduct of a business by the selling, transferring, or leasing of any

firearm; or the preparation for such conduct of business as evidenced by the securing of applicable federal or state

licenses; or the holding of one's self out as engaged in the business of selling, transferring, or leasing of any firearm;

or the selling, transferring, or leasing of any firearms in quantity, in series or in individual transactions, or in any other

manner indicative of trade.

(6) "Person" means natural person, association, partnership, firm, or corporation.

(7) "Firearm" means any revolver, rifle, shotgun or any other device designed to be used as a weapon, from which a

projectile is expelled through a barrel by the force of an explosion or any other form of combustion. A "firearm"

includes any device defined as a firearm by the California Penal Code as said definition now reads or may hereafter

be amended to read.

Section 4.57.020. Permit – Required.

No person shall engage in the business of selling, transferring or leasing, or advertising for sale, transfer or lease, or

offering or exposing for sale, transfer or lease within this city any firearm unless that person has been issued a permit

pursuant to the provisions of this chapter.

Section 4.57.030. Application – Form – Fees.

(a) An applicant for a permit under this chapter shall file with the chief of police a sworn application in writing, on a form to

be furnished by the city, and the applicant and officers, employees, and agents thereof shall be photographed and

fingerprinted by the chief of police. The applicant shall provide all information requested, including proof of compliance

with all applicable federal, state, and local laws when required by the chief of police, or the application will not be deemed

complete. The application shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule.

(b) Any person proposing to engage in business as a firearms dealer within this city shall secure the applicable federal

license and shall have thirty calendar days after approval of such federal license to apply for a city permit in compliance

with the provision of this chapter and shall not engage in the business as a firearms dealer within the city until the city

permit is issued.

Section 4.57.040. Application – Investigation.

The chief of police shall conduct an appropriate investigation of the applicant to determine for the protection of the public

safety whether the permit may be issued. The chief of police may require additional information of an applicant which he

or she deems necessary to complete the investigation.

Section 4.57.050. Application – Denial.

(a) The chief of police shall issue a firearms dealer permit to an applicant unless he or she finds any of the following:

(1) The applicant, or an officer, employee, or agent thereof is under the age of twenty-one years;

(2) The applicant is not licensed as required by all applicable federal, state, and local laws;

(3) The applicant, or an officer, employee, or agent thereof has had a similar type of permit previously revoked or

denied for good cause within the immediately preceding year;

(4) The applicant, or an officer, employee, or agent thereof has knowingly made any false or misleading statement of

a material fact or omission of a material fact in the application for a permit;

(5) The applicant, or an officer, employee, or agent thereof has been convicted of:

(A) Any offense so as to disqualify the applicant, or an officer, employee, or agent thereof from owning or

possessing a firearm under applicable federal, state, and local laws,

(B) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or

deadly weapon,

(D) Any offense involving theft, fraud, dishonesty, or deceit,

(E) Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the

California Health and Safety Code as said definition now reads or may hereafter be amended to read;

(6) The applicant, or an officer, employee, or agent thereof is an unlawful user of any controlled substance as defined

by the California Health and Safety Code as said definition now reads or may hereafter be amended to read, or is an

excessive user of alcohol, to the extent that such use would impair his or her fitness to be a firearms dealer;

(7) The applicant, or an officer, employee, or agent thereof has been adjudicated as a mental defective, or has been

committed to a mental institution, or suffers from any psychological disturbance which would impair his or her fitness

to be a firearms dealer;

(8) The operation of the business as proposed will not comply with all applicable federal, state, and local laws;

(9) The business as proposed will be operated in the following locations:

(A) Within a zoning district in which retail service is not a permitted or conditional use,

(B) Within a zoning district in which residential use is the principal permitted or maintained use, or within two

hundred fifty feet of the exterior limits of any such district,

day care center or day care home, elementary school, junior high school, or high school,

(D) On or within one thousand two-hundred feet of the exterior limits of any other premises occupied by a dealer

in firearms, a cardroom, a massage establishment, and adult entertainment establishment, or a hot tub/sauna

establishment. Priority between such existing establishments shall be assigned in accordance with the dates upon

which such establishments commenced such lawful operation, priority being given to the establishment having the

earliest of such dates. In the event any dispute arises regarding said date, the applicant shall have the obligation

to establish the date on which he or she commenced lawful operation.

All distances referred to in this subsection shall be measured between the closest points on the exterior property lines

or area boundaries of the parcels or areas involved, except that when a dealer in firearms subject to the provisions of

this chapter occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from

the exterior boundaries of the unit occupied. This subsection shall supersede any and all conflicting provisions

regulating home occupations set out in Title 18 of this code;

(10) The applicant, or an officer, employee, or agent thereof does not have and/or cannot provide evidence of, a

possessory interest in the property at which the proposed business will be conducted;

(11) The operation of the firearm dealer business as proposed in the application for the permit will violate any

applicable building, fire, health or zoning requirements set forth in this code;

(12) Any ground for denial specified in Section 4.04.140 of this code.

Section 4.57.060. Permit – Form.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the State of

California.

Section 4.57.070. Permit – Duration – Renewal.

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such

permits may be renewed by the chief of police for additional periods of one year upon approval of an application for

renewal by the chief of police and payment of the renewal fee. Such renewal application must be received by the chief of

police, in completed form, no later than forty-five days prior to the expiration of the current permit.

Section 4.57.080. Permit – Assignment.

The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful and any such assignment or

attempt to assign a permit shall render the permit null and void.

Section 4.57.090. Permit – Conditions.

(a) Any permits issued pursuant to this chapter 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 chief of police:

(1) The business shall be engaged-in only in the building located at the street address designated in the permit, and

only by such persons as specified in the permit; the business may also be engaged-in at such other locations or

events as are authorized by federal and state law provided that such location or event conforms to the requirements

of this code; any changes to the approved location or to the persons authorized to act as officers, employees, or

agents of the permittee in engaging in the business during the term of the permit must be approved by the chief of

police;

(2) The permit or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can easily

be seen;

(3) The permittee shall comply with all federal and state firearms laws.

Any permit issued pursuant to this chapter shall be subject to such additional conditions as the chief of police finds are

reasonably related to the purposes of this chapter.

Section 4.57.095. Business and security regulations.

(a) All firearm dealers and officers, employees or agents of the firearm dealer, shall comply with all provisions of California

Penal Code Section 12071 regarding business regulations and building specifications for firearm security.

(b) All sellers of firearms shall protect such firearms from theft during business hours in the following manner:

(1) All firearms shall be displayed in locked cabinets, a secured rack, or a storage area so that access to firearms is

controlled by the dealer or an employee, to the exclusion of all others.

(2) The firearm dealer or the dealer's agent or employee shall be present when a prospective buyer or seller is

handling any firearm prior to sale and delivery of the firearm.

Section 4.57.100. Permit – Grounds for revocation.

In addition to any provisions contained in this chapter, the provisions of Section 4.04.140 of this code shall apply to

revocation of permits required under this chapter. Any circumstances constituting grounds for denial shall also constitute

grounds for revocation.

Section 4.57.110. Permit – Hearing.

(a) Any person whose application for a permit has been denied, or whose permit has been revoked pursuant to the

provision of this chapter, shall have the right to a hearing before the chief of police prior to final denial or prior to

revocation.

(b) The chief of police shall give the applicant or permittee written notice of his or her intent to deny the application or to

revoke the permit. The notice shall set forth the ground or grounds for the chief of police's intent to deny the application or

to revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the

notice to file a written request for a hearing. The application may be denied or the permit revoked if a written hearing

request is not received within the ten-day period.

(c) If the applicant or permittee files a timely hearing request, the chief of police shall set a time and place for the hearing.

All parties involved shall have the right to offer testimony, documentary and tangible evidence bearing on the issues, to be

represented by counsel, and to confront and cross-examine any witnesses against them. The decision of the chief of

police whether to deny the application or revoke the permit is final and nonappealable.

Section 4.57.120. Permit – Liability insurance.

No permit shall be issued or continued pursuant to this chapter unless there is in full force and effect a policy of insurance

in such form as the city attorney and risk manager deem proper, executed by an insurance company approved by the city

attorney and risk manager, whereby the applicant or permittee is insured against liability for damage to property and for

injury to or death of any person as a result of the sale, transfer, or lease, or advertising for sale, transfer, or lease, or

offering or exposing for sale, transfer, or lease any firearm. The minimum liability limits shall not be less than one million

dollars for damage to or destruction of property in any one incident, and one million dollars for the death of or injury to any

one person; provided, however, that additional amounts may be required by the city attorney and risk manager if deemed

necessary. Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until

notice in writing has been given to the city, addressed in care of the chief of police, 275 Forest Avenue, Palo Alto,

California, 94301, at least thirty days immediately prior to the time such cancellation becomes effective. Further, such

policy of insurance shall name the city, its officers, agents, and employees as additional insureds. Additionally, applicants

and permittee shall indemnify, defend, and hold harmless the city, its officers, agents and employees, from claims arising

from the negligence of the applicant or permittee.

Section 4.57.130. Permit – Authority to inspect.

Any and all investigating officials of the city shall have the right to enter the building designated in the permit from time to

time during regular business hours to make reasonable inspections to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing, or health regulations, or provisions of this chapter. A police investigator may conduct

compliance inspections to ensure conformance with all federal, state, and local laws, and the provisions of this chapter. A

warrant shall be obtained whenever required by law.

Section 4.57.140. Compliance.

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer or lease, or

offering or exposing for sale, transfer or lease, any firearm on the effective date of the ordinance codified in this chapter

shall have a period of sixty days after such effective date to comply with the provisions of this chapter.

Section 4.57.150. Severability.

This chapter shall be enforced to the full extent of the authority of the city of Palo Alto. If any section, subsection,

paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the city of Palo Alto, either

on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs,

sentences, or words of this chapter, and the applications thereof; and to that end, the section, subsections, paragraphs,

sentences and words of this chapter shall be deemed severable.

Paradise Code of Ordinances

Codified through Ordinance Number 619, enacted July 12, 2022. (Supp. No. 10-22, Update 1)

Title 5 – Business Taxes, Licenses and Regulations

Chapter 5.05 – Retail Firearms Sales Establishments

Section 5.05.010. License required.

No person shall engage in the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or

transfer, any rifle, shotgun, pistol, revolver or other firearm capable of being concealed upon the person unless he or she

has been issued a license pursuant to this chapter.

As used in this chapter, engaging in the business of selling, leasing or transferring any rifle, shotgun, pistol, revolver or

other firearm capable of being concealed upon the person does not include any of the following:

A. The sale, lease or transfer of any rifle, shotgun, pistol, revolver or other firearm capable of being concealed upon

the person by a person acting pursuant to a court order under the Enforcement of Judgments Law (Title 9

(commencing with Section 680.010) of Part 2 of the Code of Civil Procedure) or by a person who liquidates a personal

firearm collection to satisfy a court judgment;

B. The sale, lease or transfer of any rifle, shotgun, pistol, revolver or other firearm capable of being concealed upon

the person by a person acting pursuant to subdivision (c) of Section 12028 of the California Penal Code;

C. The sale, lease or transfer of any rifle, shotgun, pistol, revolver or other firearm capable of being concealed upon

the person by a person who obtains title to the firearm by the intestate succession or by bequest, provided the person

disposed of the firearm within sixty days of receipt of the firearm;

D. The infrequent sale, lease or transfer, offering, exposing for sale, lease or transfer, or advertising for sale, lease or

transfer any rifle, shotgun, pistol, revolver or other firearm capable of being concealed upon the person.

As used in this chapter "infrequent" means occasional without regularity; and in no event shall "infrequent" mean

more than five transactions per calendar year. For these purposes, "transaction" means a single sale, lease or

transfer of any number of rifles, shotguns, pistols, revolvers or other firearms capable of being concealed upon the

person.

Section 5.05.020. Application for license.

Every person engaged in the retail sales of firearms shall obtain a license to operate in the town and pay a license fee in

advance as set by council resolution, payable to the administrative services department. Upon application being made,

the administrative services department shall immediately refer the applicant and the application to the police department,

and the police department shall either approve or disapprove of the granting of the license within thirty days. If the

application is approved by the police department, the applicant shall furnish to the police department the name, age, sex,

permanent address, prior felony convictions, if any, and other pertinent information required by the police department

concerning each and every person who shall be employed by applicant in such business or take part therein, in any

manner whatsoever, and the applicant shall keep any and all records of such business as required by the police

department and shall submit copies thereof to the police department as may be required.

Section 5.05.030. Violations a misdemeanor.

Any person violating any provision of this chapter is guilty of a misdemeanor.

Pasadena Code of Ordinances

Codified through Ordinance Number 7398, adopted August 8, 2022. (Supp. No. 68, Update 1)

Title 5 – Business Taxes, Licenses and Regulations*

Article II – Specific Businesses

Chapter 5.35 – Concealable Firearms, Retail Sales

Section 5.35.020. 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.

Section 5.35.030. 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.

Section 5.35.040. Written applications, fees.

An application for a permit required by this chapter, or for the renewal thereof, shall be filed with the police 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 $50.00, and for a renewal permit is

$25.00. 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.

Section 5.35.050. Application, investigation.

The police department shall 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.

Section 5.35.060. 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.

Section 5.35.070. Appeal procedure.

Any applicant or permittee aggrieved by a decision of the police chief with reference to his respective application or permit

may appeal said decision in accordance with the procedures set forth in Chapter 5.36.

Section 5.35.080. Permit, form.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the state.

Section 5.35.090. 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 periods of one year upon the approval of the police

chief.

Section 5.35.100. 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 permittee shall at all times have in full force and effect a policy of general liability insurance issued by an insurer

authorized to write such policies in the state of California in the amount of at least one million dollars ($1,000,000).

F. The permittee shall not sell any firearm unless the permittee also sells or furnishes a trigger lock or other similar device

with each firearm sold which will prevent the unintentional discharge of the firearm. The trigger lock or other similar device

shall be external to the firearm. A safety mechanism which is part of the firearm's integral components or mechanism shall

not satisfy the requirements of this subsection.

Section 5.35.110. 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.

Section 5.35.120. Revocation for cause.

A permit shall be revocable by the police chief for cause, which cause shall include, but shall not necessarily be limited to,

violation of Section 5.35.100 or falsification of information in the permit application.

Section 5.35.130. Surrender of permit.

When a permit is revoked pursuant to this chapter, the permittee shall surrender the permit to the police department.

Section 5.35.140. 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.

Section 5.35.150. 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 of the 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.

Section 5.35.160. 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.

Title 8 – Health and Safety*

Chapter 8.85 – Weapons, Sales Prohibited on City Property and in City Facilities

Section 8.85.010. Definitions.

A. "Assault weapon" means, except as provided in subsection C of this section, the following:

1. Any semiautomatic action, center fire rifle or carbine which was designed to accept a detachable magazine with a

capacity of twenty rounds or more, including, but not limited to, the following firearms or their copies: AR 15

semiautomatic assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram Mac-10 semiautomatic assault

carbines, Ingram Mac-11 semiautomatic assault carbines, Heckler and Koch 93 semiautomatic assault rifles, Heckler

and Koch 91 semiautomatic assault rifles, AK-47 semiautomatic assault rifles, AKM-47 semiautomatic assault rifles,

all Avtomat Kalashnikov weapons, Thompson semiautomatic carbines and any other semiautomatic carbines

manufactured by Auto Ordnance;

2. Any weapon which may be readily restored to an operable assault weapon, as defined in subdivision 1 of this

subsection; and

3. Any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined in

subdivision 1 of this subsection, or any combination of parts from which an assault weapon may be readily

assembled, if those parts are in the possession or under the control of the same person.

B. "Semiautomatic" means a weapon which fires a single projectile for each single pull of the trigger and which employs

a magazine.

C. "Assault weapon" does not include any of the following:

1. Any of the above generally and specifically described weapons which is a "machine gun" as that term is defined by

Section 12200 of the Penal Code of the state; any pistol, revolver or other firearm which is capable of being concealed

upon one's person, as defined and regulated by the provisions of Sections 12021 and 12025 of the Penal Code of the

state;

2. Any of the following: weapons which do not use fixed ammunition, weapons which were manufactured prior to

1898, manually operated bolt-action weapons, lever-action weapons, slide-action weapons, single-shot weapons,

multiple-barrel weapons, revolving-cylinder weapons, semiautomatic weapons which use exclusively Mannlicher-style

clips, semiautomatic weapons manufactured prior to 1954, rim-fire weapons that employ a tubular magazine;

3. Any assault weapon which is an antique or relic firearm or other weapon failing within the specifications of

paragraphs (5), (7) and (8) of subsection (b) of Section 12020 of the Penal Code of the state;

4. Any short-barreled rifle or shotgun as defined in subsection (c) of Penal Code Section 12020; or

5. Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it

a device no longer defined as an assault weapon.

D. "Pistol, revolver and firearm capable of being concealed upon the person" means any device designed to be

used as a weapon from which is expelled a projectile by the force of any explosion or other form of combustion and which

has a barrel less than twelve inches in length.

Section 8.85.020. Sale on city property or in a city facility prohibited.

No person, except for a licensed federal firearms dealer, shall sell, offer or display for sale, lease, give, lend or transfer

ownership of any assault weapon or pistol, revolver and firearm capable of being concealed upon the person on any city

property or in any city facility.

Title 17 – Zoning Code

Article 2 – Zoning Districts, Allowable Land Uses, and Zone-Specific Standards

Chapter 17.24 – Commercial and Industrial Zoning Districts

Section 17.24.020. Purposes of commercial zoning districts.

B. Purposes of individual zoning districts.

1. Commercial Office (CO) District.

2. Commercial Limited (CL) District.

3. Commercial General (CG) District.

4. Industrial General (IG) District.

Section 17.24.030. Commercial and industrial district land uses and permit requirements.

A. Permit requirements. Table 2-5 identifies the uses of land allowed by this Zoning Code in the commercial zoning

districts, and the land use permit required to establish each use, in compliance with Section 17.21.030 (Allowable Land

Uses and Permit Requirements). The following land use permit requirements are established by Table 2-5.

Symbol

Permit Requirement

Procedure is in Section:

Permitted use, Code Compliance Certificate required.

17.61.020

Conditional use, Minor Conditional Use Permit required.

17.61.050

Conditional use, Conditional Use Permit required.

17.61.050

Conditional use, Expressive Use Permit required.

17.61.060

TUP

Temporary use, Temporary Use Permit required.

17.61.040

—

Use not allowed. (See Section 17.21.030.A regarding uses not listed.)

Section 17.24.040. Commercial and industrial district general development standards.

Table 2-5 - Allowed Uses and Permit Requirements For Commercial and Industrial Zoning Districts

Permit Requirement By Zone

Land Use (1)

CO CL, CL-2 CG IG Specific Use Standards

Retail Sales (7, 9)

Firearm sales

—

C (8)

Notes:

(8) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft. See Section 17.61.050.J for

additional requirements.

Article 3 – Specific Plan Standards

Chapter 17.32 – East Pasadena Specific Plan

Section 17.32.050. EPSP District land uses and permit requirements.

A. Allowable land uses and permit requirements. Tables 3-5 and 3-6 identify the uses of land allowed by this Zoning Code

in each EPSP zoning district, and the land use permit required to establish each use, in compliance with Section

17.21.030 (Allowable Land Uses and Permit Requirements). The land use permit requirements established by Tables 3-5

and 3-6 are as follows.

Symbol

Permit Requirement

Procedure is in Section:

Permitted use, Code Compliance Certificate required.

17.61.020

Conditional use, Minor Conditional Use Permit required.

17.61.050

Conditional use, Conditional Use Permit required.

17.61.050

Conditional use, Expressive Use Permit required.

17.61.070

TUP

Temporary use, Temporary Use Permit required.

17.61.040

—

Use not allowed. (See Section 17.21.030.A regarding uses not listed.)

B. Standards for specific land uses. Where the last column in the tables ("Specific Use Standards") includes a section

number, the regulations in the referenced section apply to the use, in addition to all other applicable provisions of this

Zoning Code.

Table 3-5 - Allowed Uses and Permit Requirements East Pasadena Specific Plan (EPSP) Subarea D1 Districts

Permit Requirement by D1 Zone

Retail Sales (3, 10, 11) CO CL CG IG

Specific Use Standards

Firearm sales

—

C (4)

Notes:

(4) Conditional Use Permit approval required for new construction exceeding 25,000 sq. ft. See Section 17.61.050.J for

additional requirements.

Article 5 – Standards for Specific Land Uses

Chapter 17.50 – Standards for Specific Land Uses

Section 17.50.110. Home occupations.

G. Limitation on activities.

2. Guns and ammunition shall not be sold as part of a Home Occupation Permit except that a home occupation for a

gunsmith or firearms collector licensed by the Bureau of Alcohol, Tobacco, and Firearms as a gunsmith or firearm

collector is allowed.

Article 8 – Glossary of Specialized Terms and Land Use Types

Chapter 17.80 – Glossary of Specialized Terms and Land Use Types

Section 17.80.020. Definitions.

As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this Section,

unless the context in which they are used clearly requires otherwise. Definitions of land uses are followed by the term

(land use).

F. Definitions, "F."

Firearm Sales (land use). The retail sale of firearms or ammunition by a firearms dealer, whether it is the principal sales

item or incidental to the overall sales. This use includes firearms dealers that transfer and lease any firearms.

Patterson Code of Ordinances

Codified through Ordinance Number 835, and legislation passed through December 4, 2018.

Title 18 – Zoning

Division III – Zoning Districts

Chapter 18.42 – Commercial and Medical/Professional Office Districts

Section 18.42.030. Allowed land uses and permit requirements.

Table 18.42.030-1 below identifies allowed uses and corresponding permit requirements for the commercial and

medical/professional office districts subject to compliance with Chapter 18.34 (Land Use Classification) and all other

provisions of this title. Descriptions/definitions of the land uses can be found in Division V (Definitions). The special use

regulations column in the table identifies the specific chapter or section where additional regulations for that use type are

located within this title.

Use regulations in the table are shown with representative symbol by use classification listing: “AR” symbolizes uses

permitted through administrative review, “P” symbolizes uses allowed by right, “CUP” symbolizes uses that require

approval of a conditional use permit, and “N” symbolizes uses that are not permitted.

Table 18.42.030-1 Permitted Use Matrix for Commercial and Medical/Professional Office Districts

Commercial and Medical/Professional Office Zoning Districts (See Section 18.42.020 for descriptions)

HSC

MPO

Special Use Regulations

Retail, Service, and Office Uses

Gun shops

CUP

Chapter 18.64 – Home Occupations

Section 8.64.040. Prohibited home occupations.

The following uses are expressly prohibited as home occupations:

I. Weapons and ammunition sales and service.

Chapter 18.96 – Land Use Definitions

Section 18.96.060. Retail, service, and office uses.

“Gun shop” means any retail sales business engaged in the selling, leasing, purchasing, or lending of guns, firearms, or

ammunition.

Perris Code of Ordinances

Codified through Ordinance Number 1396, Adopted February 23, 2021. (Supplement Number 7)

Title 5 – Business Regulations and Licenses

Chapter 5.46 – Swap Meets

Section 5.46.130. Prohibited articles.

It is unlawful for any person to exchange, barter, trade or sell in a swap meet, the following items of personal property:

firearms, ammunition, explosives, any item of personal property from which the serial number or identifying number has

been removed, any and all other items of personal property which may be prohibited from being exchanged, bartered,

traded or sold by ordinance or resolution by the city council, or the laws of the state, or by any laws regulating the health

and welfare of the city, the county or the state.

Pinole Code of Ordinances

Codified through Ordinance Number 2022-03, passed 7-5-2022 (Supp. 25).

Title 17 – Zoning Code

Article IV – Standards for Specific Land Uses

Chapter 17.63 – Firearm Sales

Section 17.63.020. Permit required.

A. It shall be unlawful under this chapter for any person to engage in the business of selling, transferring, or leasing, or

advertising for sale, transfer or lease, or offer or expose for sale, transfer or lease, any firearm unless he or she has been

issued a license as required by this chapter. "Engage in the business" means the conduct of a business by the selling,

leasing, or transferring of any firearm; or the preparation for such conduct of business, as evidenced by the application for

or securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling,

transferring, or leasing of any firearms; or the selling, transferring or leasing of firearms in quantity, in series or in

individual transactions, or in any other manner indicative of trade.

B. Such license shall consist of a permit issued by the Police Chief after a determination by the Police Chief that the

applicant meets the standards for obtaining a permit based on the criteria contained herein.

C. A person shall not be deemed licensed to sell firearms until that person has obtained the permit from the Police Chief,

a conditional use permit for the business site from the Planning Commission, and a city business license.

Section 17.63.030. Application and fees.

An applicant for a permit under this chapter shall file with the Police Chief an application in writing, under penalty of

perjury, on a form to be furnished by the city or as information requested to demonstrate compliance with this chapter,

including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of

Section 17.63.080D of this chapter. The application shall also include a certification by the city's Community Development

Department that the business will not be located in a zoning district in which the operation of firearms business is

prohibited by law. The applicant shall provide all information requested, including proof of compliance with all applicable

federal, state and local laws, or the application will not be deemed complete. The application shall be accompanied by a

nonrefundable fee for administering this chapter, to be established by resolution of the City Council.

Section 17.63.040. Investigation by the Police Chief.

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 deems necessary to complete the investigation.

Section 17.63.050. Grounds for denial of permit.

The Police Chief shall give the applicant written notice of the Chief's decision to deny or revoke the application. The notice

shall set forth the ground or grounds for the chief's decision, and shall inform the applicant that he or she has ten (10)

days from the date the notice was mailed within which to file a written request for a hearing with the Chief. The Police

Chief shall issue a permit unless he finds one or more of the following:

A. The applicant, or an officer, employee or agent thereof, is under the age of twenty-one (21) years;

B. The applicant is not licensed as required by all applicable federal or state laws, or the operation of the business as

proposed will not comply with all applicable federal, state, and local laws, including, but not limited to any of the following:

1. The applicant has failed to provide a copy of his or her valid federal firearm's license.

2. The applicant has failed to provide a valid seller's permit issued by the State Board of Equalization.

3. The applicant has failed to provide a copy of his or her valid certificate of eligibility issued by the Department of

Justice;

C. The applicant's inventory does not conform to the type of federal or state firearms permit issued to the applicant;

D. The applicant, or an officer, employee or agent thereof, has had a similar type permit previously revoked or denied for

good cause within the immediately preceding two (2) years;

E. The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a

material fact in the application for a permit;

F. The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity,

or any other information required by the Police Chief to complete his investigation;

G. The applicant, or an officer, employee or agent thereof, has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing a

firearm under applicable federal, State and local laws.

2. Any offense relating to the manufacture, sale, possession, use of registration of any firearm or dangerous or deadly

weapon.

3. Any offense involving the use of force or violence upon the person of another.

4. Any offense involving theft, fraud, dishonesty or deceit.

5. Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the State

Health and Safety Code, as it may be amended from time to time;

H. The applicant, or any officer, employee or agent thereof, is currently or has been within the last two years, an unlawful

user of any controlled substance as defined by the State Health and Safety Code, as it may be amended from time to

time, or is an excessive user of alcohol, to the extent that such use would impair his fitness to be a dealer in firearms;

I. The applicant, or any officer, employee or agent thereof, is within the classes of person defined in California Welfare

and Institutions Code Sections 8100 or 8103 as they now read, or may hereafter be amended to read.

Section 17.63.060. Grounds for revocation.

In addition to any provisions contained in this chapter, any circumstances constituting grounds for denial shall also

constitute grounds for revocation.

Section 17.63.070. Police Chief permit hearing.

A. Any person whose application for a permit has been denied, or whose permit has been revoked by the Police Chief,

shall have the right to a hearing before the Police Chief prior to the final denial or revocation of the permit.

B. Within ten (10) days of mailing of the written notice of intent to deny the application, or revoke the permit, the applicant

may appeal by requesting a hearing before the Police Chief. Such a request must be made in writing and must set forth

the specific grounds for the appeal. If the applicant files a timely request for a hearing, the Police Chief shall set a time

and place for the hearing within thirty (30) days thereafter. The decision of the Police Chief to deny the application shall be

in writing and shall be rendered within ten (10) days of the hearing.

C. An applicant may appeal the Police Chief's denial or revocation of a permit to the City Manager by filing a written

appeal with the City Manager within ten (10) days of the action. Such an appeal hearing must set forth the specific

grounds for appeal. If the applicant files a timely request for a hearing, the City Manager shall set a time and place for the

hearing within thirty (30) days thereafter. The decision of the City Manager concerning the application shall be in writing

and shall be rendered within ten (10) days of the hearing.

Section 17.63.080. Police Chief permit conditions.

The permit issued by the Police Chief shall be deemed to contain the following terms and conditions, unless otherwise

indicated on the permit:

A. The permittee shall conduct business only in the premises designated in the permit. This requirement, however, shall

not prohibit the permittee from participating in gun shows of events which are specifically authorized by federal and state

law upon compliance with federal and state law.

B. The permit issued by the Police Chief, or a copy thereof, certified by the Police Chief, shall be displayed on the

premises and at gun shows where it can be easily seen.

C. No firearms shall be delivered:

1. Within ten (10) days of the application for the purchase, or within ten (10) days after submitting corrected copies of

the register or any fee required by State Penal Code Sections 28225, whichever is later, or within any timelines

otherwise set forth in Penal Code Sections 27540.

2. Unless unloaded and securely wrapped or in locked container which is fully enclosed and securely locked by a

padlock or similar locking device as required by state Penal Code Sections 16850 and 25610(a).

3. Unless the purchaser or transferee presents clear evidence of his or her identity and age, as required by Penal

Code Section 27540(c).

4. If the permittee is notified by the State Department of Justice that a purchaser is in a prohibited class described in

State Penal Code Sections 29800 through 29825 or State Welfare and Institutions Code Sections 8100 or 8103.

D. All firearms kept in the licensed place of business shall be stored 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 licensee's business premises.

4. As used in this section, a "secure facility" means a building that meets all of the following specifications:

a. All perimeter doorways shall meet on the following:

(i) A windowless steel security door equipped with both a deadbolt and a doorknob lock.

(ii) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an

opening of five (5) 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 (9) gauge affixed to the exterior or interior of

the door.

(iii) A metal grate that is padlocked and affixed to the licensee's premises independent of the door and

doorframe.

b. All windows are covered with steel bars.

c. Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an

alarm system.

d. Any metal grates have spaces no larger than six (6) inches wide measured in any direction.

e. Any metal screens have spaces no larger than three (3) inches wide measured in any direction.

f. All steel bars shall be no further than six (6) inches apart.

5. Upon written request from a permittee, the Police Chief may grant an exemption from compliance with this sub-

paragraph D if the permittee is unable to comply with these requirements because of local ordinances, covenants,

lease conditions, or similar circumstances not under the control of the permittee.

E. No pistol, revolver, or other firearm capable of being concealed upon the person or imitation thereof, or placard

advertising their sale or other transfer, shall be displayed in any part of the premises where it can readily be seen from the

outside.

F. Permittee shall properly and promptly process firearms transactions pursuant to State Penal Code Sections 28050

through 28070.

G. Permittee shall keep a register of sales as required by State Penal Code Sections 28100 through 28180.

H. Permittee shall not sell, deliver or transfer any pistol, revolver or other firearm capable of being concealed upon the

person to any person under twenty-one (21) years of age or any other firearm to any person under eighteen (18) years of

age.

I. Permittee shall post conspicuously within the licensed premises, all charges and fees required by Penal Code Section

26875, and the following warning in block letters not less than one (1) inch in height:

"IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT YOU MAY BE FINED

OR SENT TO PRISON."

J. No pistols, revolvers or firearms capable of being concealed upon the person shall be delivered unless the purchaser or

transferee presents to the permittee a basic firearm safety certificate.

K. Permittee shall offer to provide the purchaser or transferee of a firearm a copy of the pamphlet described in State

Penal Code Section 34205 and may add the cost of the pamphlet, if any, to the sales price of the firearm.

L. Permittee shall report the loss or theft of any firearm that is merchandise of the permittee, any firearm that the permittee

takes possession of pursuant to Penal Code Section 26885, or any firearm kept at the permittee's place of business within

forty eight (48) hours of discovery to the Pinole Police Department.

M. Permittee shall install an alarm system monitored by a Police Chief-approved alarm company.

N. Permittee shall install a surveillance camera system approved by the Police Chief.

Section 17.63.090. Permit assignment.

The assignment or attempt to assign any Police Chief permit issued pursuant to this chapter is unlawful and any such

assignment or attempt to assign shall render the permit null and void.

Section 17.63.100. Liability insurance.

A. No permit shall be issued or continued pursuant to this chapter unless there is in full force and effect a policy of

insurance in such form as the city deems proper, executed by an insurance company approved by the city whereby the

applicant or permittee is insured against liability for all activities of the permittee, including damage to property and for

injury to or death of any person. The minimum liability limits shall not be less than one million dollars ($1,000,000)

combined, single limit personal injury and property damage for each occurrence. The insurance shall be occurrence

based insurance. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until

notice in writing has been given to the city, addressed in care of the Chief of Police, 880 Tennent Avenue, Pinole, CA

94564, at least thirty (30) days immediately prior to the time such cancellation becomes effective. Upon expiration of any

such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the

initial securing of a permit under this chapter, the permit shall be deemed cancelled without further notice or opportunity to

be heard.

B. Such policy of insurance shall name the city, its officers, agents, and employees as additional insured. Additionally,

applicant and permittee, as a condition of issuance of any permit under this chapter, agree to indemnify, defend and hold

harmless the city, its officers, agents, and employees, from any claims arising from the negligence of the applicant or

permittee.

C. Prior to the issuance of any permit, applicant shall furnish the city with complete copies of the above required insurance

policies, including complete copies of all endorsements attached to those policies. All copies of policies and certified

endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

Section 17.63.110. Expiration of Police Chief permit.

A. Police Chief permits shall expire one year after the date of issuance. Such permits may be renewed by the Police Chief

for additional one year periods upon the permittee's submission of an application for renewal, accompanied by a non-

refundable renewal fee as established by City Council Resolution. The completed renewal application and the renewal fee

must be received by the Police Chief no later than forty-five (45) days prior to the expiration of the current permit.

B. The Police Chief shall inform the Community Development Director or designee when a permit expires or is revoked, or

when renewal is denied by the Police Chief so that proceedings to revoke the use permit can be initiated.

C. A decision by the Police Chief regarding renewal of the permittee's Police Chief permit may be appealed in the manner

provided for in Section 17.63.070.

Section 17.63.120. Conditional use permit application.

When the applicant has obtained a Police Chief permit, the applicant may apply for a conditional use permit pursuant to

Chapter 17.12 of this Code. The applicant shall provide all information requested by the Community Development Director

or designee. No use permit application shall be deemed complete until the applicant has shown possession of a valid

Police Chief permit for such use.

Section 17.63.130. Possessory interest in the property.

No application for a use permit shall be processed until the applicant provides proof satisfactory to the Community

Development Director that the applicant, officer, employee or agent thereof is the owner of record of the real property at

which the proposed business will be conducted, or has a lease, license or other entitlement to operate such business at

such location and the written consent of the owner of record of such real property.

Section 17.63.140. Site restrictions.

No conditional use permit for firearm sales may be issued for any location which is:

A. Within a zoning district in which residential use is the principal permitted or maintained use. Notwithstanding anything

to the contrary in this code, home occupation permits for the conduct of any business under this chapter shall be

prohibited. The location of such businesses in and around homes is hereby declared a public nuisance. This section is

expressly made retroactive to all such businesses operating in such residential zones.

B. Within any zoning district other than Regional Commercial (RC), Commercial Mixed Use (CMU), or Office Industrial

Mixed Use (OIMU).

C. Within 500 feet of the exterior limits of any premises occupied by a public or private day care center or day care home,

elementary school, junior high school or high school, whether public or private.

D. Within 500 feet of the limits of a public park.

E. All distances referred to in this section shall be measured between the closest points on the exterior property lines or

area boundaries of the parcels or areas involved, except that when a permittee occupies one unit of a multi-unit structure

located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.

F. Businesses governed by the provisions of paragraphs C and D of this section, which are in full compliance with all

local, state and federal laws prior to the effective date of this chapter, including but not limited to zoning and business

license laws, shall not be required to obtain a use permit unless such businesses lose their non-conforming use status as

provided in Chapter 17.14. Such businesses shall, however, be required to comply with all other provisions of this

chapter.

Section 17.63.150. Use permit conditions.

All use permits approved by the Planning Commission shall be deemed to contain all of the following terms and

conditions, unless otherwise conditioned:

A. The possession of a valid Police Chief permit.

B. The possession of all licenses and permits required by federal or state laws.

C. Compliance with all of the terms and conditions contained in Section 17.63.080.

D. Compliance with all of the requirements of the city's Building Code, the Fire Code, and any other technical code or

regulation of the city which may govern the use, occupancy, maintenance, construction or design of buildings or

structures. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city

Building Official or designee demonstrating full code compliance before the applicant may commence business at the

premises at issue.

E. A method of storage of inventory which is explosive or flammable at the proposed business site shall be in compliance

with federal and state law and with the city's Fire Code.

F. All other conditions deemed by the Planning Commission to be necessary and proper to protect the public interest and

welfare.

Section 17.63.160. Authority to inspect.

Any applicant for a Police Chief permit or a conditional use permit under this Chapter shall be deemed to expressly

consent and grant to any investigation officials of the city the right to enter the premises for which the Police Chief permit

and use permit was obtained, without a warrant, from time to time during regular business hours to make reasonable

inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing, and health regulations,

as well as the provisions of this chapter and all applicable federal, state and local law. Such right to enter and inspect

without a warrant shall be deemed a condition of approval of any permit issued under this chapter.

Section 17.63.170. Revocation of use permit.

If the Police Chief, Building Official, or any other person has reason to believe that the permittee is not in full compliance

with any conditions imposed pursuant to this chapter, a report shall be made to the Community Development Director.

After an investigation of the facts contained in the report, the Community Development Director may commence

proceedings to revoke the use permit pursuant to Chapter 17.10 of this code.

Section 17.63.180. Firearm ammunition.

Firearm ammunition sales shall comply with those regulations and procedures required for a firearm sales Police Chief

permit.

Chapter 17.64 – Home Occupations

Section 17.64.045. Uses that are not allowed.

The following uses shall not in any case qualify as a home occupation:

A. Firearm or firearm ammunition sales.

Pismo Beach Municipal Code

Codified through Ordinance Number O-2022-007, passed August 2, 2022. (Supp. 42).

Title 17 – Zoning Ordinance (1983 Code)*

Chapter 17.115 – Home Occupations

Section 17.115.050. Types of prohibited uses.

The following uses by the nature of the operation are deemed to be incapable of meeting the above conditions and are

thereby excluded from the definition of "home occupation":

M. Mail order gun sales;

Pittsburg Municipal Code

Codified through Ordinance Number 22-1501, passed May 16, 2022.

Title 5 – Business Licenses and Regulations

Division II – Specific Regulations

Chapter 5.60 – Retail Sale of Firearms

Section 5.60.010. Firearms sale licensing requirements.

A. No person shall sell at retail any firearm within the city limits without first obtaining a retail license to sell firearms from

the director of finance.

B. The director of finance shall administer the licensing process, including preparation of application forms and collection

of fees (as set by council resolution), consistent with the authority and responsibility given to the city under Penal Code

Section 12071. The director of finance may delegate authority to issue or deny a license to a designated representative.

C. No retail license to sell firearms shall be issued, reissued, or extended until the chief of police conducts an investigation

and recommends approval in writing. The chief of police may delegate this authority to investigate and make

recommendations to a designated representative.

D. No license shall be valid for more than one year from the date of issuance. [Ord. 1040 § 1, 1992.]

Section 5.60.020. Licensing criteria.

The investigation and recommendation by the chief of police on an application for a retail license to sell firearms shall be

based on the following criteria:

A. The security of the business premises from burglary and robbery considering the structure of the building, locks, alarms

and any private security surveillance;

B. The safety of the public and the business’ employees and customers considering the level of criminal activity in the

area where the business is located;

C. The applicant’s criminal history, if any;

D. The applicant’s history of compliance with (1) Title 2 of the Penal Code concerning the control of deadly weapons,

especially the prohibitions and requirements of Article 4 of the title on licenses to sell firearms, and (2) licenses issued

previously by the city or other agencies under Penal Code Section 12071;

E. The number of firearms dealers in the neighborhood and the city as a whole;

F. The proximity of the business to schools, churches and residential areas and compliance with the zoning code; and

G. The likelihood that the business will create or exacerbate nuisance, police or law enforcement problems in the

neighborhood.

Title 18 – Zoning

Division II – Base District Regulations

Chapter 18.50 – Residential Districts (R)

Article V – Home Occupations

Section 18.50.415. Uses not permitted as home occupations.

The following occupations or activities and every similar use when conducted on a commercial basis and performed on

the site of the applicant’s dwelling may not be considered a home occupation and therefore not permitted in an R district.

E. Sale or servicing of firearms or ammunition;

Placentia Municipal Code

Codified through Ordinance Number O-2022-02 and the June 2022 code supplement.

Title 10 – Peace, Morals and Safety

Chapter 10.12 – Dangerous Weapons

Section 10.12.030. Discharge of firearms within city – Possession by minors in public.

(b) It is unlawful for any person to allow or permit a minor under eighteen years of age to have or to carry any gun or

device set forth in this section upon any public thoroughfare or upon any public property or in any vehicle within the city.

(c) It is unlawful to sell, give away, barter, or trade, any gun, pistol, or firearms or any air gun or pistol or any spring gun or

pistol or any device that shoots or propels pellets or missiles by any means, to any minor under the age of eighteen years.

(d) It is unlawful to sell, give away, barter, or trade any ammunition, pellets, missiles or any device used for shooting from

pistols, guns or firearms, or any spring-loaded gun or pistol or device that shoots or propels or missiles by any means to

any person under the age of eighteen (18) years without the written consent of the police department.

(e) It is unlawful for any parent, juvenile, or any person to transport or have shipped into the city any of the

abovementioned items for the use of any person under the age of eighteen (18) years.

(f) Nothing in this section shall be deemed to prohibit any person from carrying or transporting a rifle, shotgun, spring gun,

pellet gun, airgun, or other firearm to any bona fide target range or while going to or returning from a hunting trip or other

lawful sport.

Placer County Code of Ordinances

Codified through Ordinance Number 6159-B and the July 2022 code supplement.

Chapter 5 – Business Licenses and Regulations

Article 5.16 – Special Business License

Part 2 – Types of Businesses

Section 5.16.240. Firearms.

A. The county, pursuant to California Penal Code Section 12071, is required to establish a procedure, as prescribed by

the California Attorney General, for the licensing of firearms dealers in the unincorporated area of the county. Further,

Chapter 30 of the Placer County Code provides for the operation of a firearms sales and repair business as a type of

home occupation, subject to a minor use permit issued by the county planning department, prior to obtaining a county

business license or other local approvals. Once all applicable fees have been paid and all associated conditions and

approvals have been secured, the applicant will be issued a special business license in the form prescribed by the

California Attorney General.

B. An applicant for such license or renewal shall provide all information requested, including proof of compliance with all

applicable federal, state and local laws when required by the county, or the application will not be deemed complete.

Before a business license can be issued by the tax collector, the applicant must provide a copy of:

1. A valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms;

2. A valid seller’s permit issued by the State Board of Equalization;

3. A valid Certificate of Eligibility (COE) issued by the US Department of Justice.

C. A special business license for the licensing of firearms dealers requires the approval of the county sheriff.

Chapter 17 – Zoning

Part 1 – General Provisions

Article 17.04 – Definitions

Section 17.04.030. Definitions of land uses, specialized terms and phrases.

“Explosives manufacturing and storage” (land use) means the commercial manufacturing and storage of all types of

explosives, including, but not limited to, blasting powder and blasting caps, dynamite, fireworks, gunpowder, high

explosives, and the manufacture of conventional explosives for weapons use (including ammunition, bombs, missile

warheads, etc.). See Section 17.56.110 for specific use requirements applicable to explosives manufacturing and storage.

(SIC: Groups 2892, 3482, 3483)

“Weapons manufacturing” (land use) means the manufacturing of nonexplosive weapons and weapons components,

including but not limited to small arms, artillery, and missiles. The manufacture of conventional explosives for weapons

use (including ammunition, bombs, missile warheads, etc.) is included under the definition of “Explosives manufacturing

and storage.” (SIC: Group 348)

Article 17.06 – Zoning Districts Established

Section 17.06.050. Land use and permit tables.

A. Types of Land Uses Allowed. The uses of land allowed by this chapter in each zone and combining district established

by Section 17.06.010 are identified in the following tables (subsection (D) of this section), and in Sections 17.06.060 et

seq., (Zone district regulations). Land uses that are not listed on the tables in subsection (D) of this section, or are not

shown in a particular zone district are not allowed, except where otherwise provided by Sections 17.06.030(B)

(Exemptions from land use permit requirements), 17.56.030 (Temporary uses), or 17.02.050 (Allowable uses of land).

B. Type of Permit Required. When the tables in subsection (D) of this section and the zone and combining district

requirements of Sections 17.06.060 et seq., show a particular land use as being allowable in a zone, the use is identified

as being subject to one of the following land use permit requirements.

5. Conditional Use Permit (CUP). These uses are allowable subject to approval of a conditional use permit (“CUP”)

(Section 17.58.130). Conditional use permit approval is required for certain land uses that may be appropriate in a

zone, depending on the design of the individual project, and the characteristics of the proposed site and surroundings.

Such uses can either raise major land use policy issues or could create serious problems for adjoining properties, the

surrounding area, and their populations if such uses are not appropriately located and designed. The purpose of a

conditional use permit is to allow planning department staff and the Placer County planning commission to evaluate a

proposed use to determine if problems may occur, to provide the public with an opportunity to review the proposed

project and express their concerns in a public hearing, to work with the project applicant to adjust the project through

conditions of approval to solve any potential problems that are identified, or to disapprove a project if identified

problems cannot be acceptably corrected.

All allowable land uses shall obtain any building permit or other permit required by this code (see Section 17.06.030(D)),

in addition to the land use permit required by this section or Sections 17.06.060 et seq.

D. Tables. The following tables, and the lists of allowable uses in Sections 17.06.060 et seq., contain the same

requirements for allowable uses and land use permit requirements. The tables in this section are for convenience, to

simultaneously show all zone districts, the uses allowed within them, and the permit requirements applicable to each use.

Zone Districts

Land Use Types Residential Commercial Industrial

Agricultural, Resource

Open Space

Manufacturing and Processing

Uses - Continued

RS RM RA RF C1 C2 C3

CPD

HS OP

RES

AP BP IN INP AE F

FOR

TPZ

Explosives manufacturing and

storage (Section 17.56.110)

CUP

Weapons manufacturing

CUP

Key To Permit Requirements

Conditional Use Permit required (Section 17.06.050)

CUP

Use not allowed

Part 2 – Zone Districts and Allowable Uses of Land

Division VIII – Specific Use Regulations

Article 17.56 – Specific Use Requirements

Section 17.56.120. Home occupations.

B. Limitation on Use. Home occupations shall be limited to activities carried on by the occupants of a dwelling as an

accessory use to the principal use of the site as a dwelling, as follows:

1. Allowed Uses. For guidance, permitted home occupations include but are not limited to: …; sales or repair of

firearms (provided that a minor use permit has first been obtained pursuant to the provisions of Section 17.58.120 of

this chapter) or any other business that meets the intent and specific requirements of this section.

Pleasant Hill Code of Ordinances

Codified through Ordinance Number 956, passed April 4, 2022.

Title 9 – Health, Safety and Welfare

Chapter 9.35 – Firearms

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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 Number 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.

Section 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.

Section 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.

Section 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)

Section 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.

Section 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.

Section 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.

Title 14 – Buildings and Construction

Chapter 14.55 – Building Security

Section 14.55.060. Commercial security provisions.

E. Intrusion detection devices.

2. Each establishment listed below shall have as a minimum either a central station alarm (supervised service) or a

silent or local alarm (bell outside premises):

a. Guns and ammunition;

Title 18 – Planning and Land Use

Part 1 – General Provisions

Chapter 18.15 – Use Classifications

Section 18.15.040. Commercial use classifications.

Firearm sales. 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, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in

PHMC § 9.35.020. See also PHMC § 9.35.020 (Definitions).

Part 2 – Base District Regulations

Chapter 18.20 – R – Residential Districts

Section 18.20.070. Home occupations

D. Prohibited activities. Home occupations may not include:

5. Activities that involve engaging in the business of firearm sales. Any entity or person engaged in the business of

firearm sales pursuant to a home occupation permit in effect as of the effective date of the ordinance codified in this

section shall be exempt from this subsection and the locational restrictions for firearm sales in PHMC

Chapter 18.25 (except as to ammunition sales) if the home occupation use is limited solely to those activities that

were both permitted by terms of the permit issued before the effective date of the ordinance codified in this section

and legally engaged in by the entity or person at the home-based location before the effective date of the ordinance

codified in this section. Any such entity or person may continue firearm sales at its existing home-based location

pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies (including,

without limitation, obtaining and maintaining the permit required by PHMC Chapter 9.35), and has not sold,

transferred or assigned operation of the business after the effective date of the ordinance codified in this section to

any other entity.

Chapter 18.25 – Commercial, Retail Business, Neighborhood Business, Office and Light Industrial Districts

Section 18.25.020. Land use regulations for all commercial, retail business, neighborhood business, office and

light industrial districts.

Schedule 18.25.020 establishes the uses allowed for each commercial, office and light industrial zoning district as

indicated by the letter designations as follows:

“P” designates use classifications permitted in commercial, retail business, neighborhood business, office and industrial

districts.

“U” designates use classifications permitted on approval of a use permit.

“T” designates use classifications allowed on approval of a temporary use permit.

“L” followed by a number designates use classifications subject to certain limitations listed by number following the

schedule.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are

prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use

Regulations” column includes specific limitations applicable to the use classification or refers to regulations located

elsewhere in this chapter.

Schedule 18.25.020 NB, RB, PAO, C, and LI Districts: Land Use Regulations

P Permitted

U Use Permit Required

T Temporary Use Permit Required

L Limited (see specific limitations listed following schedule)

– Not Permitted

PAO

Additional Use Regulations

Commercial Uses

Firearm sales – L-16 L-16 L-16 L-16

This regulation also applies to firearms sales in any planned

unit district (PUD).

L-16 Permitted, subject to the requirements in PHMC § 18.25.160 for firearm sales uses.

Section 18.25.160. Firearm sales uses.

The following regulations apply to firearm sales businesses. The findings set forth in PHMC § 9.35.010.A are hereby

incorporated by reference. The purpose of this section is to advance the public health, safety, and welfare by imposing

reasonable locational restrictions on any entity that establishes a firearm sales business in the city. For purposes of this

section, “firearm sales” shall have the same meaning as set forth in PHMC § 18.15.040.

A. Locational restrictions.

1. Subject to the other limitations of this chapter and the Pleasant Hill Municipal Code, firearm sales may be located in

any general commercial district, retail business district, professional and administrative office district, light industrial

district, and planned unit district.

2. In those districts where a business engaged in firearm sales may otherwise be located, it shall be unlawful to

establish any such firearm sales business unless the applicant provides proof that the property where the proposed

firearm sales will be conducted is not:

a. Within 150 feet from any residence, when measured from the property line of any residence to the door of the

firearm sales business that is nearest to that same property line of the residence;

b. Within 1,000 feet of the exterior limits of any building premises occupied by a day care that is designated as a

large family day care, PHMC § 18.15.020, or general day care, PHMC § 18.15.030, when measured from the

closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that

when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be

measured from the exterior boundaries of the unit so occupied;

c. Within 1,000 feet of the property line of any elementary school, junior high school, high school, college or

university, whether public or private, when measured from the closest points on the exterior property lines or area

boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit

structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so

occupied;

d. Within 500 feet of the property line of a public park, when measured from the closest points on the exterior

property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies

one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior

boundaries of the unit so occupied.

3. Notwithstanding any other provision of this section, a firearm sales business may be located on any part of a parcel

in a general commercial district, retail business district or planned unit district if an applicant provides proof that any

portion of said parcel is not within the locational restrictions in subsections A.2.a through d of this section.

4. Consistent with the use regulations in this chapter for any retail sales in a professional and administrative office

district (L-2 in PHMC § 18.25.020), a firearm sales business may only be located in a professional and administrative

office district as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.

5. Consistent with the use regulations in this chapter for any retail sales in a light industrial district (L-4 in PHMC §

18.25.020), a firearm sales business may only be located in a light industrial district as accessory to the primary use,

occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.

B. Timing and nonconforming use.

1. The locational restrictions in subsections A.2.a through d of this section shall apply as of the date the applicant

submits an application for a zoning permit under PHMC Chapter 18.85 to establish a firearm sales business.

2. Subject to subsection C of this section, the establishment of any firearm sales business shall include the opening of

such a business as a new business, the relocation of the business, the conversion of an existing business to any

firearm sales use, or the transfer or sale of a firearm sales business to a new owner. Expansion or relocation of a

firearm sales business at an existing location, including within the same shopping center or site, is not deemed a

change in business location or relocation of such a business.

3. Any firearm sales business operating as a conforming use under this chapter with all applicable licenses and

permits, including the businesses that are grandfathered in pursuant to subsection C.1 of this section, shall not be

rendered a legal nonconforming use as specified in PHMC § 18.65.020 by the location of a residence, day care,

school, or public park.

C. Grandfathering for existing firearm sales businesses.

1. The locational restrictions in subsections A.2.a through d of this section shall be inapplicable to any entity engaged

in the business of firearm sales in the city and who or which has all valid permits and licenses required by the city, and

by state and federal law as of the effective date of the ordinance codified in this section. Any such entity may continue

firearm sales at its existing location pursuant to any valid permits and licenses so long as the operator remains fully

licensed by all agencies (including, without limitation, obtaining and maintaining the permit required by PHMC Chapter

9.35), and has not sold, transferred or assigned operation of the business after the effective date of this chapter to any

other entity. If any such licenses or permits are revoked, the provisions of this subsection C are inapplicable and the

locational restrictions in subsections A.2.a through d of this section shall apply.

2. The locational restrictions in subsections A.2.a through d of this section shall be inapplicable to the sale or transfer

to a new owner of any existing firearm sales business that meets the requirements of subsection C.1 of this section if

the operation of the firearm sales business by the new owner is at the same location or within the same shopping

center or site as the prior owner’s permitted business.

D. Zoning permit required. No firearm sales business may be established in the city by right. All persons wishing to

establish a firearm sales business within the city must apply for and receive a zoning permit under PHMC Chapter 18.85.

It is the burden of the applicant to supply evidence to justify the grant of a zoning permit.

E. Applicability of other regulations. The provisions in this chapter are not intended to provide exclusive regulation of

firearm sales businesses. Any entity engaged in the business of firearms sales must comply with any and all applicable

regulations imposed in other parts of the zoning ordinance, other city ordinances (including, without limitation, PHMC

Chapter 9.35), and state and federal law.

Pleasanton Municipal Code

Codified through Ordinance Number 2239 and the July 2022 code supplement.

Title 6 – Specific Business Regulations

Chapter 6.64 – Firearm Sales

Article I – General Provisions

Section 6.64.020. Definitions.

For purposes of this chapter, the following words and phrases shall have meanings as provided in this section:

A. “Firearm” means a gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which

is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

B. “Firearm sales” means the sale, transfer, lease, offer, registration, or advertising for sale, transfer, lease, offer, or

registration of a firearm.

C. “Person” means any individual, copartnership, firm, association, joint stock company, corporation, or combination of

individuals of whatever form or character.

Section 6.64.030. Permit requirement.

A. Except as provided in Penal Code Section 12070(b), it is unlawful for a person to engage in the activity of “firearm

sales” without a firearm sales permit as required by this chapter.

B. The requirement for a firearm sales permit is in addition to the requirement for a conditional use permit for firearm sales

as provided under Chapters 18.28, 18.44, 18.48, and 18.52 of this code. No person shall engage in firearm sales without

a conditional use permit and a firearm sales permit.

Section 6.64.040. Application.

A. An applicant for a firearm sales permit or renewal of same 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 attorney. The application shall

include the following:

1. 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 business 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 of Penal

Code Section 12071(b)(14) and Chapter 20.36 of this code;

5. Proof of the issuance of a conditional use permit at the proposed location;

6. Proof of compliance with all federal and state licensing laws;

7. Information relating 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 application resulted in issuance of a license;

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 liabilities of any kind, including attorney fees, arising in any

manner out of the applicant’s negligence or intentional or willful misconduct;

10. Applicant’s agreement that the city shall have the right to enter the building designated in the license from time to

time during regular business hours to make reasonable inspections and to investigate and enforce compliance with

building, mechanical, electrical, plumbing, or health regulations, provisions of this code and all other applicable

federal, state and local laws;

11. Certification of satisfaction of insurance requirements under Section 6.64.080 of this article; and

12. All convictions of the applicant for any offense listed in subsection 6.64.100(E) of this article.

B. As used in this section, the term “applicant” when the applicant is other than a natural person shall include any officer,

director, employee or agent of the applicant who may be involved in any firearm sale.

C. The application shall be accompanied by a nonrefundable fee for administering this chapter established by city council

resolution.

Section 6.64.050. Investigation by chief of police.

The chief of police shall conduct an appropriate investigation of the applicant to determine for the protection of the public

safety whether the permit may be issued. The chief of police 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 chief of police and any other additional information

which the chief of police deems necessary to complete the investigation.

Section 6.64.060. Conditions of approval.

In addition to other requirements and conditions of this chapter, a firearm sales permit is subject to the following

conditions, the breach of any of which is sufficient cause of revocation of the permit by the chief of police:

A. All prohibitions and requirements in Penal Code Section 12071(b);

B. 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 primary business performed at

the site is firearm sales;

C. The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each

firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm;

D. The permittee shall not deliver a firearm to a purchaser earlier than is allowed by applicable federal and state law.

Section 6.64.070. Requirement of secured facility.

In addition to the conditions of approval provided in Section 6.64.060 of this article, the business location as shown on the

firearm sales permit shall be a secured facility meeting all of the specifications of Penal Code Section 12071(b)(14) and

Chapter 20.36 of this code.

Section 6.64.080. Liability insurance.

A. No firearm sales permit shall be issued or reissued unless there is in effect a policy of liability insurance in a form

approved by the city attorney 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 firearm sale. The

minimum liability limits shall not be less than $1,000,000.00 for each incident of damage to property or incident of injury 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.

Section 6.64.090. Issuance of firearm sales permit; duration.

A. The chief of police may grant a firearm sales permit to the applicant if the chief of police 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, zoning and planning codes.

B. A firearm sales permit expires one year after the date of issuance. A permit may be renewed for additional one year

periods upon the permittee’s submission of an application for renewal, accompanied by a nonrefundable renewal fee

established by city council resolution. The renewal application and the renewal fee must be received by the chief of police

no later than 45 days before the expiration of the current permit.

C. A decision regarding issuance or renewal may be appealed in the manner provided in Section 6.64.120 of this article.

Section 6.64.100. Grounds for permit denial.

The chief of police shall deny the issuance or renewal of a firearm sales permit when one or more of the following

conditions exist:

A. The applicant is under 21 years of age;

B. The applicant is not licensed as required by all applicable federal, state and local laws;

C. The applicant has had a firearm sales permit or license previously revoked or denied for good cause within the

immediately preceding two years;

D. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the

application for a firearm sales permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a

permit for a period of two years;

E. The applicant has been convicted of:

1. An offense which disqualifies the applicant from owning or possessing a firearm under federal, state and local law,

including, but not limited to, the offenses listed in Penal Code Section 12021;

2. An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly

weapon;

3. An offense involving the use of force or violence upon the person of another;

4. An offense involving theft, fraud, dishonesty or deceit; or

5. 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;

F. The applicant is within a class of persons defined in the Welfare and Institutions Code Section 8100 or 8103;

G. The applicant is currently, or has been within the past two 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;

H. The operation of the business as proposed would not comply with federal, state and local law; or

I. The applicant has engaged in firearm sales involving any firearm listed on the roster of Saturday night specials in

violation of this chapter.

Section 6.64.110. Grounds for permit revocation.

In addition to the violation of any other provision contained in this chapter, circumstances constituting grounds for denial of

a firearm sales permit also constitute grounds for revocation.

Section 6.64.120. Hearing for permit denial or revocation.

A. A person whose application for a firearm sales 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. Within 10 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 chief of police. 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.

C. The decision of the chief of police shall be in writing within 10 days of the hearing. An applicant may appeal the

decision of the chief of police to the city manager provided written notice of said appeal and reasons therefor are filed with

the city clerk 10 days after the mailing of the chief of police’s decision. The city clerk shall set the matter for city manager

consideration within 2 weeks of receipt of the appeal.

Section 6.64.130. Nonassignability.

A firearm sales permit issued under this chapter is not assignable. Any attempt to assign a firearm sales permit makes the

permit void.

Section 6.64.140. Nonconforming use.

Notwithstanding the effective date of this chapter, any person engaged in firearm sales who is the holder of a valid seller’s

permit issued by the state Board of Equalization and a valid certificate of eligibility issued by the California Department of

Justice, all of which were issued prior to January 1, 1998, may continue such firearm sales provided a firearm sales

permit, a conditional use permit and business registration are obtained from the city within one year of the effective date

hereof, and provided the operator remains fully licensed by all agencies listed above.

Article II – Sale of Saturday Night Specials

Section 6.64.160. Definitions.

Except as provided in Section 6.64.165 of this article, the term “Saturday Night Special” as used in this chapter shall

mean any of the following:

A. A pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined in California Penal

Code Section 12001(a), which pistol, revolver or firearm contains a frame, barrel, breechblock, cylinder or slide that is not

completely fabricated of heat-treated carbon steel, forged alloy, or other material of equal or higher tensile strength.

B. A semiautomatic pistol that:

1. Is not originally equipped by the manufacturer with a locked-breech action; and

2. Is chambered for cartridges developing maximum permissible breech pressures above 24,100 copper units of

pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute.

3. For purposes of this subsection B, “semiautomatic pistol” shall mean a firearm, as defined in California Penal Code

Section 12001(b), that is designed to be held and fired with one hand, and that does the following upon discharge: (a)

fires the cartridge in the chamber; (b) ejects the fired cartridge case; and c) loads a cartridge from the magazine into

the chamber. “Semiautomatic pistol” shall not include any assault weapon designated in California Penal Code

Section 12276.

C. A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California

Penal Code Section 12001(a), that:

1. Uses an action mechanism that is substantially identical in design to any action mechanism manufactured in or

before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech pressure

below 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute;

and

2. Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible breech

pressures above 19,000 copper units of pressure as standardized by the Sporting Arms and Ammunition

Manufacturers Institute; and

3. Is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or

4. If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.

5. For purposes of this subsection C, “action mechanism” shall mean the mechanism of a firearm by which it is

loaded, locked, fired and unloaded, commonly known as the cycle of operation.

Section 6.64.165. Exclusions.

The term “Saturday Night Specials” does not include any of the following:

A. Any pistol that is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7), and

(8) of subsection (b) of California Penal Code Section 12020;

B. Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any other

gases not directly produced by combustion;

C. Children’s popguns or toys;

D. An “unconventional pistol” as defined in California Penal Code Section 12020(c)(12); or

E. Any pistol which has been modified to render it either permanently inoperable or permanently altered such that it no

longer is classified as a Saturday Night Special.

Section 6.64.170. Roster of Saturday Night Specials adopted.

The following roster of Saturday Night Specials is hereby adopted. The roster lists those firearms, by manufacturer and

model number, that fit the definition of “Saturday Night Special” set forth in Section 6.64.160 of this article.

Roster of Firearms Prohibited From Sale Within the City of Pleasanton

Pistols

1. ACC-TEK: Models; AT-9SS, AT-40SS and AT-45SS

2. Bryco/Jennings: Models; 28, 48, 59, J-22 and J-25

3. Davis Industries: Model; P380

4. Hi Point: Models; JS-9, JS-40, JS-45, JS-9mm Compact, Iberia

5. Intratec: Models; Category 9 (CAT-9), Protec-22, Protec-25

6. Lorcin Engineering: Models; L-9mm, L-22, L-25, LT-25, L-32 and L-380

7. Phoenix Arms: Models; Raven 22, Raven 25, HP-22 and HP-25

8. Sundance Industries: Models; BOA, A-25

Revolvers

9. E.A.A. Corporation: Models; All “standard grade revolvers” except the .357 caliber magnum revolver

10. F.I.E. (Firearms Import/Export): Models; Arminius and Titan

11. Heritage: Models; Sentry Revolver

12. North American Arms: Models; Mini-Revolvers and Mini-Master, Black Widow Revolver

Derringers

13. American Derringer: Models 1 through 11 and Alaskan Survival, Lady Model, Texas Commemorative, DA 38 Model

14. Davis Industries: Models; Standard, Long-Bore and D-Series, Rimfire Derringers

15. Feather Industries: Models; Guardian Angel, Rimfire and centerfire derringers

16. HJS Arms: Models; Frontier Four and Antigua

17. New Advantage Arms: Model; 22 WMR, Double Action Derringer chambered for standard or magnum rimfire

cartridges

18. Sundance Industries: Model; Point Blank Derringer

19. Texas Armory: Model; Defender Derringer

Section 6.64.180. Notification.

The city shall endeavor to send written notification to: (a) the manufacturer of every firearm on said roster; and (b) every

dealer within the city who is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the state

of California and this chapter. Such notification shall do the following:

A. Identify the model number of the firearm that has been classified as a “Saturday night special” within the meaning of

Section 6.64.160 of this article;

B. Advise the recipient that the recipient may apply for reconsideration of the classification of the firearm as a Saturday

night special; and

C. Advise the recipient that the burden of proving a firearm does not constitute a “Saturday night special” within the

meaning of Section 6.64.160 of this article shall be on the recipient.

Section 6.64.190. Reconsideration.

A. The city shall, prior to the effective date hereof, establish standards and procedures for the form and content of an

application, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to classify

the firearm in question as a “Saturday night special” as defined in Section 6.64.160 of this article.

B. Upon timely filing of one or more complete applications for reconsideration, the city shall evaluate the evidence

submitted by the applicant(s). The city may rely on persons with expertise and knowledge in making this evaluation. The

applicant(s) shall have the burden of demonstrating that the firearm does not constitute a “Saturday night special” within

the meaning of Section 6.64.160 of this article.

Section 6.64.200. Appeal of classification.

A. If it is determined that the firearm under reconsideration has been properly classified as a Saturday night special, then

the applicant(s) shall have the right to appeal such decision to the city manager, and the applicant(s) shall have the right

to a hearing before the city manager or the city manager’s designee prior to inclusion of the firearm in question on the

roster. The city manager may rely on persons with expertise and knowledge in conducting this hearing.

B. The city manager, or the city manager’s designee, is authorized to establish standards and procedures for the form and

content of an appeal, conducting an administrative hearing and evaluating evidentiary testimony relating to the decision to

classify the firearm in question as a “Saturday night special” as defined in Section 6.64.160 of this article.

C. The burden of proof shall be on the appellant(s) to demonstrate that the firearm does not constitute a “Saturday night

special” within the meaning of Section 6.64.160 of this article.

D. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues

and to be represented by counsel.

E. The city manager or the city manager’s designee shall hear and consider all relevant evidence. Upon the conclusion of

the hearing, the city manager or the city manager’s designee shall, based on the evidence presented, determine whether

the firearm constitutes a “Saturday night special” within the meaning of Section 6.64.160 of this article.

F. In all instances, the decision of the city manager or the city manager’s designee whether to classify the firearm in

question as a “Saturday night special” as defined in Section 6.64.160 of this article and to place said firearm on the roster

is final.

Section 6.64.210. Publication of roster.

The city shall place on the roster those firearms which have been determined to constitute a “Saturday night special”

within the meaning of Section 6.64.160 of this article. The city shall cause the roster to be published in the following

manner:

A. Notification of the roster’s completion shall be published at least once in the official newspaper as designated by the

city and circulated in the city within 15 days after its completion;

B. A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the city clerk; and

C. A copy of the roster, certified as a true and correct copy thereof, shall be distributed to every dealer within the city who

is licensed to sell and transfer firearms pursuant to Section 12071 of the Penal Code of the state and this chapter.

Section 6.64.220. Effective date of roster.

The roster shall become effective on the 15th day after its publication.

Section 6.64.230. Additions to roster.

Additions to the roster shall be made in accordance with the following:

A. Semiannual Determination. On a semiannual basis, the city shall determine the need to place firearms on the roster.

Upon identifying one or more firearms as a Saturday night special, the city manager or the city manager’s designee shall

prepare a draft list of the additions to the roster.

B. Notification of Additions to Roster. In the event that a draft list of firearms to be added to the roster is prepared, the city

shall endeavor to send written notification in accordance with the aforementioned provisions of Section 6.64.180 of this

article.

C. Reconsideration. Any person notified pursuant to subsection B of this section may apply for reconsideration of the

classification of that firearm as a Saturday night special in accordance with the provisions of Section 6.64.190 of this

article.

D. Appeal of Classification. Whenever a firearm has been determined to be properly classified as a Saturday night special

after reconsideration, the applicant may file an appeal to the city manager and the city manager or the city manager’s

designee shall hold a hearing in accordance with the provisions of Section 6.64.200 of this article.

E. Additions of Firearms to Roster. After all appeals have been exhausted, the city shall place on the roster those

additional firearms which have been determined to constitute a “Saturday night special” within the meaning of Section

6.64.160 of this article. The city shall cause the roster, as amended to include these additional firearms, to be published in

accordance with Section 6.64.210 of this article.

F. Effective Date of Additions to the Roster. The addition of new firearms to the roster shall not operate to preclude the

enforcement of the roster with respect to firearms previously listed thereon. The publication of the roster, as amended to

include new firearms, shall be effective as to those newly added firearms on the 15th day after its publication as set forth

in Section 6.64.220 of this article.

Section 6.64.240. Sale of Saturday night specials prohibited.

No wholesale or retail firearms dealer with a firearm sales permit issued by the city shall engage in firearm sales of any

firearm listed on the roster of Saturday night specials. This section shall not preclude a wholesale or retail gun dealer from

processing firearm transactions between unlicensed parties pursuant to Section 12072(d) of the California Penal Code.

Section 6.64.250. Exemptions.

Nothing in this chapter relative to the sale of Saturday night specials shall prohibit the disposition of any firearm by police

officers, sheriffs, constables, marshals, or other duly appointed peace officers in the performance of their official duties;

nor to persons who are authorized by the United States Federal Government for use in the performance of their official

duties; nor shall anything in this chapter prohibit the use of any firearm by the above mentioned persons in the

performance of their official duties.

Section 6.64.260. Penalty.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a

misdemeanor under the provisions of this article shall be punished by a fine of not more than $1,000.00 or by

imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be

guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article

is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to

be in violation of this article shall be considered in noncompliance with the requirements of this chapter, and subject to the

suspension and/or revocation of a firearm sales permit under Section 6.64.100(I) of this chapter.

Title 18 – Zoning

Chapter 18.08 – Definitions

Section 18.08.175. Firearm.

“Firearm” means a gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is

expelled through a barrel a projectile by the force of explosion or other form of combustion.

Section 18.08.180. Firearm sales.

“Firearm sales” or “sale of firearms” means the sale, transfer, lease, offer, registration, or advertising for sale, transfer,

lease, offer or registration of a firearm.

Section 18.08.185. Firearm sales, antique.

“Antique firearm sales” means the sale of any firearm not designed or redesigned for using rimfire or conventional

center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock,

percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year

1898), and also any firearm using fixed ammunition manufactured in or before 1898, for which the ammunition is no

longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

Chapter 18.28 – A Agricultural district

Section 18.28.040. Conditional uses.

The following uses shall be permitted in the A district upon the granting of a use permit in accordance with the provisions

of Chapter 18.124 of this title:

N. Firearm sales at a rifle or pistol range.

Chapter 18.32 – R-1 One-Family Residential Districts

Section 18.32.050. Prohibited uses.

The following uses shall not be permitted in the R-1 districts:

C. Gunsmiths.

D. Firearm sales.

Chapter 18.36 – RM Multi-Family Residential Districts

Section 18.36.05. 0 Prohibited uses.

The following uses shall not be permitted in the RM districts:

C. Gunsmiths.

D. Firearm sales.

Chapter 18.40 – O Office District

Section 18.40.040. Prohibited uses.

The following uses shall not be permitted in the office district:

B. Firearm sales.

Chapter 18.44 – Commercial District

Section 18.44.080. Permitted and conditional uses.

Chapter 18.52 – Q Rock, Sand and Gravel Extraction District

Section 18.52.040. Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit, in accord with the provisions of

Chapter 18.124 of this title:

K. Firearm sales at a rifle or pistol range.

Chapter 18.56 – P Public and Institutional District

Section 18.56.060. Prohibited uses.

The following uses shall not be permitted in the public and institutional district:

B. Firearm sales.

Chapter 18.104 – Home Occupations

Section 18.104.040. Prohibited home occupations.

A. Gunsmiths.

B. Firearm sales, provided, however, that federally licensed firearm dealers with home occupation permits approved prior

to the effective date hereof shall be given one year from the effective date hereof to comply with the ordinance codified in

this chapter.

Point Arena Municipal Code

Codified through Ordinance Number 240 and the July 2021 code supplement.

Title 5 – Business Licenses and Regulations

Chapter 5.05 – Business Excise Tax and Licenses

Section 5.05.160. Fixing rates.

There is hereby imposed upon each of the following businesses, shows, exhibitions, and games the specific license fee

hereinafter set forth, and every person who transacts or carries on within the corporate limits of the city any of the

businesses, shows, exhibitions, or games hereinafter referred to shall pay the following annual license fee, except as

otherwise specifically provided:

$60.00

Firearms manufacture

Pomona Code of Ordinances

Codified through Ordinance Number 4300, adopted March 1, 2021. (Supp. No. 26)

Subpart A – General Ordinances

Chapter 34 – Offenses and Miscellaneous Provisions

Article III – Offenses Involving Public Safety

Division 1 – Generally

Section 34-82. Records of ammunition sales.

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this

subsection, except where the context clearly indicates a different meaning:

Ammunition means projectiles expelled by force of an explosion, for use in pistols and revolvers, as defined in Penal

Code 12001, notwithstanding that the ammunition may also be used in rifles.

Vendor means any individual, gun store, retail or department store, gun show participant, firm or corporation engaged in

the sale of ammunition.

(b) Every vendor shall maintain records pertaining to ammunition sales prescribed by this section on the premises and in

the manner prescribed in this section. The record shall show the following:

(1) The date of the transaction;

(2) The purchaser's name, address and date of birth;

(3) The purchaser's driver's license number or other identification and the state where issued;

(4) The brand of ammunition purchased;

(5) The type and amount of ammunition purchased; and

(6) The purchaser's signature.

purchase.

(d) The record shall be maintained in chronological order by date of sale of the ammunition and shall be retained on the

licensed premises of the licensee for a period of two years following the date of the purchase of the ammunition.

(e) At the direction of the police chief, police officers may enter the premises of any licensed vendor of ammunition during

regular business hours for the purpose of examining or inspecting any record required by this section.

(f) It is unlawful for any licensed vendor or person engaged in the retail sale of ammunition knowingly to make a false

entry in or fail to make appropriate entry or fail to properly maintain any such record or refuse to exhibit the ammunition

sales log to a police officer immediately upon request for such inspection.

Port Hueneme Code of Ordinances

Codified through Ordinance Number 785, passed June 20, 2022. (Supp. No. 30)

Article III – Public Health and Safety

Chapter 8 – Miscellaneous

Part D – Lost or Stolen Firearms

Section 3914.10. Reporting lost or stolen firearms.

Any person residing or doing business in Port Hueneme who owns, or possesses a firearm, as defined in the Penal Code,

shall report the theft or loss of the firearm, if it is lost or stolen on or after September 8, 2007 to the Port Hueneme Police

Department within forty-eight (48) hours after his or her discovery or knowledge of the theft or loss. Any person residing or

doing business in Port Hueneme who has experienced the loss or theft of a firearm, as defined in the Penal Code, in Port

Hueneme within the five (5) years prior to September 8, 2007 without the firearm having been recovered during such time,

shall report the theft or loss to the Port Hueneme Police Department within ninety (90) days of September 8, 2007.

Section 3914.20. Penalty, misdemeanor.

Any person who fails to report a lost or stolen firearm pursuant to Section 3914.10, when the person knew or should have

known of the theft or loss, is guilty of a misdemeanor and is punishable as provided in Section 1100 of this Code.

Portola Code of Ordinances

Codified through Ordinance Number 360, enacted October 13, 2021. (Supp. No. 8)

Title 17 – Zoning

Article IV – Special Area and Specific Use Requirements

Chapter 17.55 – Home Occupation

Section 17.55.030. Limitation on use.

Only one home occupation shall be permitted in a dwelling. The following uses or activities are prohibited as home

occupations:

A. Fire arms and ammunition sales;

Poway Municipal Code

Codified through Ordinance Number 856, passed May 3, 2022.

Title 5 – Business Licenses and Regulations

Chapter 5.04 – Uniform Licensing Procedure

Section 5.04.010. License – Required.

It is unlawful for any person, firm, or corporation to engage in, conduct, manage, or carry on any of the following

businesses, practices, professions, or occupations within the City without first having obtained a license therefor in

accordance with the uniform licensing procedure:

G. Firearms, sale of;

Chapter 5.48 – Firearm Sales

Section 5.48.010. License – Generally.

The procedure to follow, except as otherwise provided in this chapter, in obtaining a license is that set forth in the uniform

licensing procedure, set out in Chapter 5.04 PMC. The applicant shall pay as a fee for said license an amount as shall be

established by City Council resolution from time to time, and this fee shall be paid at the time application for the license is

made. The fee for renewal shall be established by City Council resolution from time to time.

Section 5.48.020. Limitation on buildings.

The business licensed by this chapter shall be carried on only in the building designated in the license.

Section 5.48.030. Records – Secondhand weapons.

A. If a dealer, licensed by this chapter to sell firearms, has offered to him for purchase or for acceptance in trade a used or

secondhand concealable weapon, he shall first obtain from the person offering such weapon the following information:

1. Name, address, and physical description of such person;

2. The description and license number of the vehicle, if any, being driven by such person;

3. The caliber, manufacturer’s name, description, serial number or numbers, initials or other identifying marks of the

weapon;

4. Such other information which may be required by the Chief of Police.

B. This information shall be recorded on forms furnished by the Chief of Police. At the end of each week such dealer shall

file with the Chief of Police such completed form with respect to each secondhand concealable weapon purchased or

taken in trade during such week by such dealer.

Section 5.48.040. Delivery of firearms.

A. No concealable weapon shall be delivered:

1. Within 15 days of the application for the purchase thereof; nor

2. Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity.

B. When delivered, such concealable weapon shall be unloaded and securely wrapped.

Section 5.48.050. Advertising or display.

No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer, shall be displayed in any part of

the premises where it can readily be seen from the outside.

Section 5.48.060. Breach of conditions.

Upon the breach of any of the above-stated conditions any license issued pursuant to this chapter shall be subject to

forfeiture.

Title 17 – Zoning

Chapter 17.10 – Commercial Zones

Section 17.10.190. Outdoor display.

C. Outdoor Display Prohibited. The outdoor display of the following goods and merchandise is prohibited:

5. Firearms;

Rancho Cordova Municipal Code

Codified through Ordinance Number 12-2022, passed August 1, 2022.

Title 4 – Business Regulations

Chapter 4.10 – Special Business Licenses and Employee Permits

Article I – Applicability and Issuance

Section 4.10.005. License required.

No person shall, unless under and by authority of a valid unexpired and unrevoked special business license, conduct or

operate within the city, whether singularly or in connection with another type of enterprise, the following:

B. Antique dealers in firearms, jewelry, art objects, furniture or other valuables;

F. Sales of concealable firearms, including gun powder;

Title 23 – Zoning Code

Article 9 – Specific Use Provisions

Chapter 23.901 – Residential Uses

Section 23.901.030. Home occupations.

F. Prohibited Home Occupations.

3. Ammunition reloading, including custom reloading;

7. Firearms sales;

Rancho Cucamonga Municipal Code

Current through Ordinance Number 1006, adopted June 15, 2022.

Title 9 – Public Peace, Morals and Welfare

Chapter 9.04 – Weapons

Section 9.04.030. Possession of weapons by minors.

It shall be unlawful for any person under the age of 18 years to have in his or her possession, custody, or control any of

the weapons described in sections 9.04.010 and 9.04.020 unless he or she either possesses a valid state hunting license

or is accompanied by a parent or guardian.

Title 17 – Development Code

Article III – Zoning Districts, Allowed Uses, and Development Standards

Chapter 17.30 – Allowed land Use by Base Zoning District

Section 17.30.030. Allowed land uses and permit requirements.

B. Permit requirements. Generally, a use is either allowed by right, allowed through issuance of a conditional use permit,

or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and

entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other

agencies). The requirements for planning permits or entitlements identified in Table 17.30.030-1 (Allowed Land Uses and

Permit Requirements by Base Zoning District) include:

1. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning

district, subject to compliance with all applicable provisions of this title (e.g., development standards) as well state and

federal law.

2. Conditionally permitted (C). A land use shown with a "C" indicates that the land use is permitted in the designated

zoning district upon issuance of a conditional use permit from the designated approving authority, subject to

compliance with all applicable provisions of this zoning code (e.g., development standards) as well as state and

federal law.

3. Not permitted (N). A land use shown with an "N" is not allowed in the applicable zoning district. Additionally, uses

not shown in the table are not permitted, except as otherwise provided for in this title.

4. Adult entertainment permit (A). A land use shown with an "A" indicates that the land use is permitted in the

designated zoning district upon issuance of an adult entertainment permit from the designated approving authority,

subject to compliance with all applicable provisions of this zoning code (e.g., development operational standards) as

well as state and federal law.

C. Base zoning district names and symbols. Base zoning district names for the zoning district symbols used in the table

are listed below. Specific Plan (SP) District and Planned Community (PC) District are not listed in the table as the allowed

uses for those base zoning districts are determined in compliance with the adopted Specific Plan or Planned Community.

• Very Low Residential (VL)

• Neighborhood Commercial (NC)

• General Industrial (GI)

• Low Residential (L)

• General Commercial (GC)

• Minimum Impact/Heavy Industrial

• Low Medium Residential (LM)

• Community Commercial (CC)

(MI/HI)

• Medium Residential (M)

• Specialty Commercial (SC)

• Heavy Industrial (HI)

• Medium High Residential (MH)

• Regional Related Commercial

• Open Space (OS)

• High Residential (H)

(RRC)

• Hillside Residential District (HR)

• Mixed Use (MU)

• Commercial Office (CO)

• Flood Control-Open Space (FC)

• Office Professional (OP)

• Industrial Park (IP)

• Utility Corridor-Open Space (UC)

able 17.30.030-1: Allowed Land Uses and Permit Requirements by Base Zoning District

Land

Use/Zoning

District

VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC

Retail, Service, and Office Uses

Gun Sales

Chapter 17.38 – Overlay Zoning Districts

Section 17.38.050. Industrial Commercial Overlay Zoning District.

A. Purpose. The purpose of the Industrial Commercial Overlay District is to establish unique allowed use provisions and

project compatibility requirements for areas of the city where both industrial park and retail development are compatible.

B. Applicability. The Industrial Commercial Overlay Zoning District applies to property designated on the zoning map by

reference letters "IC" after the reference letter(s) identifying the base zoning district.

C. Allowed use. Allowed uses for the Industrial Commercial Overlay Zoning District are listed below in Table 17.38.050-1

(Allowed Land Uses and Permit Requirements for Industrial Commercial Overlay Zoning District). Generally, a use is

either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In the table below, a land

use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to

compliance with all applicable provisions of this title (e.g., development standards) as well state and federal law.

Additionally, a land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon

issuance of a conditional use permit from the designated approving authority, subject to compliance with all applicable

provisions of this zoning code (e.g., development standards) as well as state and federal law. Uses not listed in the table

are not permitted. In the event of a conflict between the allowed uses for this district and the allowed uses of the

underlying base zoning district, the allowed uses for this district shall apply.

Table 17.38.050-1 Allowed Land Uses and Permit Requirements for Industrial Commercial Overlay Zoning District

Land Use/Zoning District

Retail, Service, and Office Uses

Gun Sales

Rancho Palos Verdes Code of Ordinances

Codified through Ordinance Number 691, passed September 7, 2022 (Supplement Number 69, Update 1)

Title 9 – Public Peace, Morals and Welfare

Chapter 9.08 – Weapons

Section 9.08.030. Minor, possessing weapons.

Except as otherwise provided in this chapter, it shall be unlawful within the boundaries of the city for any person under the

age of eighteen years to have in his or her possession, care, custody or control any gun, revolver, pistol, firearm, spring

gun, air gun, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile

or any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or

fired from any gun, revolver, pistol or firearm.

Section 9.08.040. Minor, parent permission.

Nothing in this chapter shall be deemed or construed to prohibit in the city any person under the age of eighteen years

from having in his or her possession, care, custody or control any article mentioned in Section 9.08.030, in the event that

such possession, care, custody or control of such article is had with the consent of the parent or guardian of such person

and is under the direct supervision and control of some adult person.

Rancho Santa Margarita Municipal Code

Codified through Ordinance Number 21-03, enacted October 27, 2021. (Supp. No. 32)

Title 9 – Planning and Zoning

Chapter 9.05 – Special Regulations

Section 9.05.110. Special events.

(j) Garage/yard/moving sales.

(2) Garage sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following

regulations:

d. It is unlawful for any person to exchange, barter, trade or sell any of the following at a garage sale: firearms,

ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the

serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

(k) Estate sales.

(2) Estate sales shall be permitted as temporary accessory uses in residential zoning districts subject to the following

regulations:

d. It is unlawful for any person to exchange, barter, trade or sell any of the following at an estate sale: firearms,

ammunition, explosives, un-domesticated animals and livestock, any item of personal property from which the

serial number has been removed, or any other item prohibited by City, County, State, or Federal law.

Redding Code of Ordinances

Codified through Ordinance Number 2651, updated April 29, 2022. (Supplement Number 40)

Title 10 – Public Peace, Morals and Welfare

Part VIII – Weapons

Chapter 10.60 – Sale to and Possession by Minors

Section 10.60.010. Sale.

It is unlawful to expose for sale, sell, or offer for sale, barter or exchange, to or with any minor under the age of eighteen

years, any pistol or other firearm, or any instrument capable of discharging any charge of powder, or other explosives, or

any cartridge loaded with ball.

Section 10.60.020. Possession.

It is unlawful for a person under eighteen years of age to have in his possession within the city limits beyond the confines

of his own home any pistol, firearm, air gun, CO 2 gun, shotgun, air rifle, pellet gun, slingshot or any other instrument

which throws a missile for any distance by means of the elastic force of air or any explosive substance, except while

escorted by an adult.

Redondo Beach Municipal Code

Codified through Ordinance Number 3228 C.S. and the February 2022 code supplement.

Title 10 – Planning and Zoning

Chapter 2 – Zoning and Land Use

Article 1 – General Provisions

Section 10-2.402. Definitions.

For the purposes of this chapter, certain words and terms used in this chapter are construed and defined as follows:

(a) Definitions.

(75) “Fire arm sales” or “firearms business” shall mean an establishment having at least twenty-five (25%) percent of

its gross floor area used for the sale of fire arms, ammunition and ammunition components, and hunting or shooting

equipment.

Article 4 – Special Use Regulations

Section 10-2.1600. Bars and cocktail lounges, arcades, billiard parlors, thrift shops, liquor stores, and check

cashing and firearms businesses.

(a) Purpose. In order to prevent a blighting impact on the character of commercial zones, help insure the compatibility of

these particularly sensitive land uses with surrounding land uses, and maintain a healthy and balanced mix of commercial

uses, the following criteria shall be met in addition to all other applicable land use and development standards in this

chapter.

(b) Criteria.

(1) The proposed use is a sufficient distance from residential uses and has been designed with adequate physical

buffers to reduce potential noise impacts related to operation of the use, parking by employees and patrons, and

pedestrian activities.

(2) The proposed hours of operation for the use are complimentary to the business district in which the use is located,

and will not negatively impact residential uses.

(3) The addition of the proposed use to the mix of commercial uses in its vicinity will not create a blighting influence.

(5) Firearms businesses. In addition to the criteria listed above, no firearms business shall be located within 500 feet

of any lot upon which there is legally located a school, public park, or religious institution.

(c) Conditional Use Permit required. No bar or cocktail lounge, arcade, billiard parlor, thrift shop, liquor store, check

cashing business or business engaged in the sale of firearms shall be established unless a Conditional Use Permit is

obtained pursuant to Section 10-2.2506.

Chapter 5 – Coastal Land Use Plan Implementing Ordinance

Article 1 – General provisions

Section 10-5.402. Definitions.

For the purposes of this chapter, certain words and terms used in this chapter are construed and defined in subsection (a)

of this section. For the purpose of procedures relating to Coastal Development Permits, words and terms are defined in

Section 10-5.2204 of this chapter.

(a) Definitions.

(81) “Firearm sales” or “firearms business” shall mean an establishment having at least twenty-five (25%) percent of

its gross floor area used for the sale of firearms, ammunition and ammunition components, and hunting or shooting

equipment.

Article 4 – Special Use Regulations

Section 10-5.1600. Bars and cocktail lounges, arcades, billiard parlors, thrift shops, liquor stores, and check

cashing and firearms businesses.

(a) Purpose. In order to prevent a blighting impact on the character of commercial zones, help insure the compatibility of

these particularly sensitive land uses with surrounding land uses, and maintain a healthy and balanced mix of commercial

uses, the following criteria shall be met in addition to all other applicable land use and development standards in this

chapter.

(b) Criteria.

(1) The proposed use is a sufficient distance from residential uses and has been designed with adequate physical

buffers to reduce potential noise impacts related to operation of the use, parking by employees and patrons, and

pedestrian activities.

(2) The proposed hours of operation for the use are complimentary to the business district in which the use is located,

and will not negatively impact residential uses.

(3) The addition of the proposed use to the mix of commercial uses in its vicinity will not create a blighting influence.

(5) Firearms businesses. In addition to the criteria listed above, no firearms business shall be located within 500 feet

of any lot upon which there is legally located a school, public park, or religious institution.

(c) Conditional use permit required. No bar or cocktail lounge, arcade, billiard parlor, thrift shop, liquor store, check

cashing business or business engaged in the sale of firearms shall be established unless a conditional use permit is

obtained pursuant to Section 10-5.2506.

Redwood City Code of Ordinances

Codified through Ordinance Number 2507, adopted May 23, 2022. (Supp. No. 53)

Chapter 37 – Weapons

Section 37.9. Firearms and weapons, possession by person under sixteen unlawful.

It shall be unlawful for any person under the age of sixteen (16) years to have in his possession in a public place, any of

the firearms or other instruments, devices or apparatuses mentioned in Section 37.7 hereof, except as provided in the

following section.

Section 37.10. Firearms and weapons, exceptions to section 37.9.

The provisions of the preceding section hereof shall not apply to persons under the age of sixteen (16) in the following

cases:

A. When the person under the age of sixteen (16) years is in the immediate charge of a parent, guardian or adult person

having the responsibility for the conduct of the person under the age of sixteen (16) years.

B. When the firearm or other instrument, device or apparatus is unloaded and either in a dismantled or takedown

conditions or in a carrying case made for the purpose of carrying such firearm or other instrument, device or apparatus. A

firearm, or instrument, device or apparatus shall be deemed to be unloaded when no ammunition, bullet, missile or

propellant is in any part thereof.

Section 37.11. Firearms and weapons, seizure.

Any police or peace officer shall seize any firearm or other instrument, device or apparatus, whether discharged or in the

possession of a person contrary to the provisions of this Article.

Rialto Code of Ordinances

Codified through Ordinance Number 1665, passed February 8, 2022. (Supp. No. 32)

Title 5 – Business Licenses and Regulations

Chapter 5.68 – Home Occupations*

Section 5.68.070. Prohibited uses.

The following uses shall not be permitted as home occupations except to allow the business operator to provide a mailing

address and telephone answering service for a business located elsewhere:

H. Firearms dealerships;

Richmond Code of Ordinances

Codified through Ordinance Number 10-22 N.S., passed July 1, 2022. (Supp. No. 63)

Article VII – Businesses

Chapter 7.100 – Dealers in Firearms

Section 7.100.010. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Chief of Police" means the Chief of Police of the City of Richmond or his or her designee.

"City" means the City of Richmond.

"City Manager" means the City Manager of the City of Richmond or his or her designee.

"Dealer in firearms" means a person engaged in the business of selling, transferring, or leasing, or advertising for sale,

transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm or ammunition for any firearm.

"Department" means the California Department of Justice.

"Engage in the business" means the conduct of a business by the selling, leasing, or transferring of any firearm or

ammunition for any firearm; or the preparation for such conduct of business, which may be evidenced by the application

for or securing of applicable state or federal licenses; or the holding of one's self out as engaged in the business of selling,

transferring or leasing of firearms in quantity, in series or in individual transactions, or in any other manner indicative of

trade.

"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.

"Person" means natural person, association, partnership, firm, or corporation.

Section 7.100.020. Permit, Required.

No person shall engage in the business of a dealer in firearms or ammunition for any firearm and no person shall operate

or manage any such business unless the person or business has first been issued a permit pursuant to the provisions of

this chapter.

Section 7.100.030. Conditional use permit.

No permit shall be issued to any person pursuant to this chapter to engage in the business of a dealer in firearms or

ammunition for any firearm, unless the person has first obtained a conditional use permit under Section 15.04.190 of this

Code for use of the proposed business site as a dealer in firearms.

Section 7.100.040. Application, form, fees.

An applicant for a permit under this chapter or an applicant for renewal of a permit under this chapter shall file with the

Chief of Police a sworn application in writing, on a form to be furnished by the City. The applicant shall provide all

information requested, including proof of compliance with all applicable federal, state, and local laws when required by the

Chief of Police, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable

fee of $315.00 and the renewal application shall be accompanied by a nonrefundable fee of $250.00.

Section 7.100.050. Application, investigation.

(a) The Chief of Police shall conduct an appropriate investigation of the applicant to determine for the protection of the

public safety whether the permit may be issued. The Chief of Police 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 Chief of Police, and any other additional

information which the Chief of Police deems necessary to complete the investigation.

(b) The Chief of Police shall refer the application to the City Public Works Department, Planning Department and Fire

Department for an investigation, including an inspection, if necessary, of whether the building and property to be used for

sale of firearms is in compliance with the Municipal Code of the City of Richmond and with the requirements of this

chapter. The departments shall report the results of the investigation to the Chief of Police.

Section 7.100.060. Application, denial.

The Chief of Police shall issue a permit unless he or she finds any one or more of the following:

(1) The applicant, or an officer, employee, or agent thereof is under the age of twenty-one years.

(2) The applicant is not licensed as required by all applicable federal, state and local laws, or the applicant's inventory

does not conform to the type of federal, state or local firearms permit issued to the applicant.

(3) The applicant, or an officer, employee, or agent thereof has had a similar type permit previously revoked or denied for

good cause within the immediately preceding five years.

(4) The applicant, or an officer, employee, or agent thereof has made any false or misleading statement of a material fact

or omission of a material fact in the application for a permit.

(5) The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity,

or any other information required by the Chief of Police to complete his or her investigation.

(6) The applicant, or an officer, employee, or agent thereof, has been convicted of:

(a) Any criminal offense so as to disqualify the applicant, or an officer, employee, or agent thereof, from owning or

possessing a firearm under applicable federal, state and local laws.

(b) Any criminal offense relating to the manufacture, sale, possession, use or registration of any firearm or dangerous

or deadly weapon.

(d) Any criminal offense involving theft, fraud, dishonesty, or deceit.

(e) Any criminal offense involving the manufacture, sale, possession or use of any controlled substance as defined by

the California Health and Safety Code as the definition now reads or may hereafter be amended to read.

(7) The applicant, or an officer, employee, or agent thereof is currently, or has been within the last two years, an unlawful

user of any controlled substance as defined by the California Health and Safety Code as the definition now reads or may

hereafter be amended to read, or is an excessive user of alcohol, to the extent that such use would impair his or her

fitness to be a dealer in firearms.

(8) The applicant, or an officer, employee or agent thereof is within the classes of persons defined in California Welfare

and Institutions Code Sections 8100 or 8103, as they now read or may hereafter be amended to read.

(9) The operation of the business as proposed will not comply with all applicable federal, state and local laws.

(10) The business is not located at a fixed and certain site, at which all business activity occurs.

(11) The applicant's proposed business site is a building which does not comply with the requirements of the City of

Richmond Building Code, Fire Prevention Code or any other technical code or regulation of the City of Richmond which

govern the use, occupancy, maintenance, construction or design of buildings or structures.

(12) The doors, windows or other means of entry into the proposed business site are not secured with adequate locks or

are not alarmed with a system of any manufacture which will cause an audible alarm to sound on the exterior of the

building or a silent alarm to a centralized monitored facility signaling unauthorized entry during nonbusiness hours, or the

proposed business site is not a secured facility or does not meet the requirements for such a facility as set forth in

California Penal Code Section 12071, as it now reads or as it is amended in the future.

(13) The method of storage of inventory which is of an explosive or flammable nature at the proposed business site is not

in compliance with federal and State of California laws and with the City of Richmond Fire Prevention Code.

(14) The firearms on the proposed business site are not stored out of reach of customers in secure, locked facilities, so

that access to all firearms shall be controlled by the dealer or employees of the dealer, to the exclusion of all others, and

are stored in compliance with the provisions of California Penal Code Section 12071, as it now reads or as it may be

amended in the future.

(15) The applicant, or an officer, employee, or agent thereof does not have, and/or cannot provide evidence of, a

possessory interest in the property at which the proposed business will be conducted.

Section 7.100.070. Permit, form.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the State of

California.

Section 7.100.080. Permit, duration, renewal.

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such

permits may be renewed by the Chief of Police for additional periods of one year upon the permittee's submission of an

application for renewal, accompanied by a non-refundable renewal fee, to the Chief of Police. Such renewal application, in

completed form, and such fee must be received by the Chief of Police, in completed form, no later than forty-five days

prior to the expiration of the current permit.

Section 7.100.090. Permit, assignment.

The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful and any such assignment or

attempt to assign a permit shall render the permit null and void.

Section 7.100.100. Permit, conditions.

Any permit issued pursuant to this chapter 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 Chief of Police:

(1) The business shall be carried on only in the building designated in the permit;

(2) The permit or a copy thereof, certified by the Chief of Police, shall be displayed on the premises where it can easily be

seen;

(3) Full compliance with each and every condition and prohibition set forth in California Penal Code Section 12071, as it

now reads or as it may be amended in the future;

(4) Full compliance with each and every requirement imposed on dealers of firearms by State, Federal or local law;

(5) The permittee shall not sell, lease or otherwise 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.

Any permit issued pursuant to this chapter shall be subject to such additional conditions as the Chief of Police finds are

reasonably related to the purposes of this chapter.

Section 7.100.110. Permit, grounds for revocation.

A permit may be revoked for the violation of any of the requirements contained in this chapter. Any circumstances

constituting grounds for denial of an application, as set forth in Section 7.100.060, shall also constitute grounds for

revocation.

Section 7.100.120. Permit, hearing.

(a) Any person whose application for a permit under this chapter has been denied, or whose permit has been revoked

pursuant to the provisions of this chapter, shall have the right to a hearing before the City Manager or his or her designee

prior to final denial or prior to revocation.

(b) The Chief of Police shall give the applicant or permittee written notice of his or her decision to deny the application or

to revoke the permit. The notice shall set forth the ground or grounds for the Chief of Police's decision to deny the

application or to revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of

receipt of the notice to file a written request for a hearing, except as otherwise provided in this section.

(c) Within ten days of the written notice by the Chief of Police of his or her decision to deny the application or revoke the

permit, the applicant or permittee may appeal by submitting a request to the Police Chief for a hearing before the City

Manager. Such request must be made in writing and must set forth the specific grounds for the appeal. If the applicant or

permittee files a timely hearing request, the City Manager shall set a time and place for the hearing. All parties involved

shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by

counsel, and to confront and cross-examine any witnesses against them. The decision of the City Manager whether to

deny the application or revoke the permit shall be in writing and shall be the final administrative decision.

(d) If no timely appeal is taken, the application may be denied or the permit revoked by decision of the Chief of Police and

such decision shall be final. If a timely appeal request is made by a permittee, the permit shall remain in force and effect

until a decision on appeal has been made by the City Manager, except as otherwise provided in this section.

(e) In the event that a permittee or any business to which the permit applies is found to have violated any state, federal or

local law based on which the permit may be revoked and the violation of which results in the filing of criminal charges, the

Chief of Police may immediately suspend the permit for a period of up to 20 days and, if no appeal is requested, such

suspension shall remain in effect until final adjudication of the criminal charges. In the event an appeal hearing is timely

requested by the permittee, an appeal hearing shall be held within the 20-day suspension period, in the manner and

under the procedures otherwise established by this section for appeals hearings, except that the permit shall remain

suspended until a decision has been made at the time of the appeal hearing by the City Manager.

Section 7.100.130. Permit, liability insurance.

No permit shall be issued, continued or renewed pursuant to this chapter unless there is in full force and effect a policy of

insurance in such form as the City Attorney and Risk Manager deem proper, executed by an insurance company

approved by the City Attorney and Risk Manager, whereby the applicant or permittee is insured against liability for

damage to property and for injury to or death of any person as a result of the sale, transfer, or lease, or offering or

exposing for sale, transfer, or lease, any firearm. The minimum liability limits shall not be less than one million dollars

($1,000,000) for damage to or destruction of property in any one incident and for the death of or injury to any one person.

Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing

has been given to the City, addressed in care of the Chief of Police, Hall of Justice, 401 27th Street, Richmond, California,

94804, at least thirty days immediately prior to the time such cancellation becomes effective. Further, such policy of

insurance shall name the City, its officers, agents, and employees as additional insureds. Additionally, applicants and

permittees shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from claims arising

from the negligence of the applicant or permittee.

Section 7.100.140. Permit, authority to inspect.

Any and all investigation officials of the City shall have the right to enter the building designated in the permit from time to

time during regular business hours to make reasonable inspections to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing, or health regulations, or provisions of this chapter. Investigation officials of the City

shall also be authorized to undertake all appropriate investigation and to enter property for the purpose of inspection and

investigation whenever there is reason to believe that a violation of this chapter exists. Entry pursuant to this section shall

be in accordance with all applicable laws.

Section 7.100.150. Compliance.

Any person engaging in the business of a dealer in firearms on the effective date of this chapter or amendment thereto

shall have a period of 60 days after such effective date to comply with the provisions of this chapter or with any

amendments thereto.

Article XI – Public Safety and Welfare

Chapter 11.97 – The Reporting of Lost or Stolen Firearms

Section 11.97.020. Duty of firearm owner to report loss or theft.

(a) Any person who owns or possesses a firearm shall report the loss or theft of the firearm to the Richmond Police

Department within 48 hours of the time he or she knew or should have known that the firearm was lost or stolen,

whenever the loss or theft of the firearm occurs in the City of Richmond.

(b) A person reporting a lost or stolen firearm shall report the make, model, and serial number of the firearm, if such

information is known to the person.

Section 11.97.030. Duty of law enforcement to report to Department of Justice.

Pursuant to California Penal Code Section 11108, the Richmond Police Chief shall submit a description of each firearm

which has been reported lost, stolen or found directly into the California Department of Justice automated property system

for firearms.

Section 11.97.040. Exemptions.

(a) Persons licensed to manufacture firearms pursuant to California Penal Code Section 12086 are exempt from this

chapter if the lost or stolen firearm was business merchandise lost or stolen from their firearm-related business.

(b) Persons licensed to sell firearms pursuant to California Penal Code Section 12071 are exempt from this chapter if the

lost or stolen firearm was: (1) a firearm kept at their place of business; (2) business merchandise lost or stolen from their

firearm-related business; or (3) in their possession pursuant to Penal Code Section 12082.

Section 11.97.050. Penalty.

Any person violating this chapter is guilty of a misdemeanor.

Section 11.97.060. Severability.

If any section, subsection, paragraph, sentence or word of this chapter is for any reason held to be invalid, such a

decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it

would have adopted this chapter irrespective of the invalidity of any section, subsection, paragraph, sentence or word.

Rohnert Park Code of Ordinances

Codified through Ordinance Number 965, passed May 10, 2022. (Supp. No. 47, Update 3)

Title 9 – Public Peace, Morals and Welfare

Article VIII – Weapons

Chapter 9.92 – Retail Firearms Dealers

Section 9.92.010. Definitions.

For the purpose of this chapter the following words and phrases shall have the meaning ascribed to them in this section:

"Application" means an application for a firearms dealer's license.

"City" means the city of Rohnert Park.

"Firearm" means any device designated 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. Firearm also means any other such device as defined in the

California Penal Code.

"Firearms dealer" means any person engaged in the business of selling, leasing, transferring, advertising, offering,

exposing for sale, lease or transfer any firearm. In the event any association, organization, corporation or other entity is

eligible to receive a firearms dealer's license then that association, organization, corporation or entity is also a firearms

dealer for the purpose of this chapter.

"License" means written permission from the Rohnert Park department of public safety in conformity with its rules and

regulations and with the California Penal Code and specifically Sections 12070 et seq.

"Purchase" means the purchase or transfer of a firearm.

"Purchaser" means the purchaser or transferee of a firearm.

Section 9.92.020. License required for firearms dealer.

No person shall engage in the activity, business or occupation of firearms dealer without first securing a license from the

Rohnert Park department of public safety and paying the appropriate fee thereof.

Section 9.92.030. Requirements for issuance of a license to engage in the activity of firearms dealer.

Before any person shall be considered for a license as firearms dealer an application for license shall be made to the city

of Rohnert Park department of public safety on forms approved by the director of public safety which require the applicant

to submit any information required under the California Penal Code as a condition precedent to the issuance of the

license. In addition, the applicant shall include the following information which must be current and valid:

A. A copy of the applicant's city business license.

B. A copy of the applicant's use permit as issued by the city.

C. A copy of the applicant's federal firearms license.

D. A copy of the applicant's sellers' permit as issued the state board of equalization.

E. A copy of the applicant's fictitious business name statement (if applicable).

F. A copy of the applicant's proof of identity.

Section 9.92.040. License issued only to individual.

The license issued by the city of Rohnert Park department of public safety for a firearms dealer shall be issued only to an

individual. No license shall be issued to associations, corporations, partnerships or other entities. Any business,

corporation or entity which possesses a federal firearms license in the name of the business, corporation, partnership or

association shall not receive a license unless a principal or owner of the business, a corporate officer or a partner of the

entity who is responsible for the operation completes the application and is fingerprinted.

Section 9.92.050. Fees and charges.

The following fees and charges shall be paid by the applicant before any license is issued.

A. An application fee of seventy-five dollars.

B. An additional fee, in the amount of the current rate for processing fingerprints, shall be payable by money order only to

the department of justice.

None of the fees paid shall be refunded.

Section 9.92.060. Grounds for denial of license.

No license shall be issued if the city of Rohnert Park department of public safety finds or determines that:

A. The character of the applicant is such that licensing is not believed to be in the best interest of public safety and/or

community security; or,

B. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the

application; or,

C. The operation of the business as proposed pursuant to the issue or renewal of a permit is not in compliance with

appropriate building, electrical, plumbing, fire, health or zoning codes; or,

D. The applicant is under twenty-one years of age; or,

E. The applicant has had a similar permit previously revoked or denied for good cause within one year immediately

preceding the date of filing of the application; or,

F. The applicant has not been licensed as required by federal law and the state of California; or,

G. The applicant is in a class of persons described in Penal Code Sections 8100 or 8103, e.g. the applicant:

1. Has been convicted of a felony under the laws of the United States, of the state of California, or any other state,

government, or country; or

2. Has been convicted of a violation of Sections 245(a)(2), 245(a)(3), 245(c), 246, 417(a)(2), and 417(b) of the Penal

Code; or

3. Is addicted to the use of any narcotic drug; or

4. Within ten years of application has been convicted of a misdemeanor violation of Sections 136.5,140,171(b),

171(c), 171(d), 241, 243, 244.5, 245.5, 246.3, 247, 417, 417.2, 62.9, 12034(b), 12034(d), 12100(a), 12320 or 12590

of the Penal Code; or

5. As an express condition of probation, is prohibited or restricted from owning, possessing, controlling, receiving, or

purchasing a firearm; or

6. Is subject to a restraining order issued pursuant to sections 545, 545.5, 546 and 547(a)(2) of the Code of Civil

Procedure; or

7. Has been convicted of a crime of violence; or

8. Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness, to be a mentally

disordered sex offender; has been found not guilty by reason of insanity; has been found mentally incompetent to

stand trial; has been placed under conservatorship by a court.

Section 9.92.070. Term of firearms dealer's license.

The term of any firearms dealer's license issued pursuant to this chapter shall be one year.

Section 9.92.080. Renewal of firearms dealer's license fee thereof.

An application for renewal of a firearms dealer's license shall be made no less than thirty days of the date of expiration of

the current firearms dealer's license. The application for renewal shall be on forms provided by the city of Rohnert Park,

department of public safety and consistent with California Penal Code Section 12070, et seq. The renewal fee shall be

fifty dollars which shall be paid at the time the application for renewal is submitted.

Section 9.92.090. Revocation or suspension of firearms dealers license.

The director of public safety or his designated representative may revoke or suspend a firearms dealer's license for any of

the following reasons:

A. Discovery of the existence of any of the circumstances, or the licensee is convicted of any of the offenses, enumerated

in Section 9.92.060 of this chapter.

B. If the permittee is not operating in full compliance with the provisions of state and federal law; or, if the permittee is not

operating in full compliance with the provisions of this chapter.

Land Use Category

C-O

District

C-N

District

C-R

District

Firearm Dealers and Firearm Ammunition Dealers (J)

Chapter 17.07 – Land Use Footnotes/Special Provisions

C. If the business, corporation, partnership, or association ceases to have a principal of the business, or owner of the

business, or corporate officer or partner actively associated with the business who holds a valid current firearms dealer's

license.

Section 9.92.100. Chapter statement of existing law and complementary thereto.

This chapter is enacted to supplement and complement the provision of the California Penal Code regarding the licensing

of firearms dealers and specifically California Penal Code 12070, 12083 as existing and enacted as of the date of

enactment of this chapter. Existing California law and any subsequent additions or amendments are made a part of this

chapter by reference.

Section 9.92.110. Severability Clause.

If any sentence, section or portion of this chapter is declared unconstitutional and if the remaining portions of the chapter

are enforceable the city council declares that they shall remain in full force and the city council would have enacted those

sections even though other sections were declared invalid or unconstitutional.

Title 17 – Zoning

Chapter 17.06 – Land Use Regulations

Article II – Commercial Zoning Districts

Section 17.06.050. Districts.

A. C-O: Professional/Administrative Office District.

B. C-N: Neighborhood Commercial District.

C. C-R: Regional Commercial District.

Section 17.06.060. Permitted uses.

The following is a list of land uses and the commercial districts within which they are permitted as follows:

P =Permitted.

Z =Certificate of zoning compliance.

C =Conditionally-permitted by planning commission.

T =Temporary conditional permit.

A =Administrative permit.

I =Uses allowed as incidental to a primary use

Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case

more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined,

by the planning and community development director, to be substantially similar to a listed use. If the listed land use is

followed by a number or a section reference in parenthesis, that number or reference directs the reader to the

corresponding land use footnote or special provision which follow this chapter.

ection 17.07.020. Footnotes.

The following standards apply to the land use indicated by corresponding number in the zoning district use charts:

J. Firearm Dealers and Firearm Ammunition Dealers.

1. Firearm dealers and firearm ammunition dealers may be permitted in indicated districts only with approval of a

conditional use permit and subject to the following provisions, except these provisions shall not apply to the following

uses:

a. Dealers that sell five or less firearms per year.

b. Retail establishments where the sale of firearms is incidental to the primary business (i.e., less than five

percent of the floor area is devoted to the sale, display and storage of firearms; e.g., sporting goods store or big

box retailer).

2. The words and phrases "firearms" and "firearm dealer" shall be defined as set forth in Chapter 9.92, Retail

Firearms Dealers, of this code. The words and phrases "firearm ammunition" and "firearm ammunition dealer" shall be

defined as set forth below:

a. "Firearm ammunition" means any cartridge or encasement containing a bullet or projectile, propellant or

explosive charge, and a primer which is used in the operation of firearms, and any component thereof.

b. "Firearm ammunition dealer" means any person engaged in the business of selling, leasing, or transferring of

any firearm ammunition, or the preparation for such conduct of business, as evidenced by the application for or

securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling,

transferring, or leasing of any firearm ammunition; or the selling, transferring or leasing of firearm ammunition in

quantity, in series or in individual transactions, or in any other manner indicative of trade.

3. The planning commission may approve a conditional use permit for a firearm dealer or a firearm ammunition

dealer, provided that the use conforms to any and all applicable use permit or other criteria set forth in the particular

zoning district regulations, and to all of the following criteria:

a. The dealer in firearms or dealer in firearm ammunition shall not be located within two hundred fifty feet of the

exterior limits of:

(1) Any premises occupied by a public or private day care center, family day care home, or school;

(2) A public park, recreation center or other similar public property at which children regularly congregate; or

(3) Any premises occupied by a dealer in firearms, a business engaged in whole or in part in the retail sale of

any alcoholic beverage whether for on-site or off-site consumption, massage establishments as defined in

Chapter 8.36.010 of this code, or an adult business, as defined in Section 8.37.020 of this code.

All distances referred to in this subsection shall be measured between the closest points of the exterior

property lines or area boundaries of the parcels or areas involved, except that when a dealer in firearms

subject to the provisions of the chapter occupies one unit of a multi-unit structure located on a single parcel,

distances shall be measured from the exterior boundaries of the unit so occupied;

b. Prior to the commencement of operation of a firearm dealer and at all times thereafter, the firearm dealer shall

have a valid and current license from the department of public safety pursuant to Chapter 9.92 of this code and

shall be in full compliance therewith;

c. Prior to the commencement of operation of a firearm dealer or a firearm ammunition dealer and at all times

thereafter, compliance with all of the following requirements:

(1) Adequate security measures to secure the premises where the firearms or firearm ammunition is sold

and/or stored, subject to approval of the director of public safety or designee;

(2) Storage of firearms and firearm ammunition at all times in a secured locked location so that access is

controlled by the dealer or employee, representative or agent thereof to the exclusion of others, with the

adequacy of such storage methods subject to the approval of the director of public safety or designee;

(3) Storage of ammunition and other firearms-related merchandise classified as hazardous materials shall be

subject to the approval of the fire marshal or designee;

(4) The firearm dealer and the firearm ammunition dealer at all times shall maintain in full force and effect all

required federal, state and local licenses and/or permits.

Rolling Hills Code of Ordinances

Codified through Ordinance Number 375, adopted March 14, 2022. (Supp. No. 26)

Title 9 – Public Peace, Morals and Welfare

VII – Offenses by or Against Minors

Chapter 9.56 – Possession of Firearms by Minors

Section 9.56.010. Furnishing weapons to minors prohibited.

Except as otherwise provided in Section 9.56.040, it is unlawful in the City for any person, firm or corporation to sell, give,

loan or in any way furnish or to cause or to permit to be sold, given, loaned or in any way furnished to any person under

the age of sixteen years any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or

intended to discharge or capable of discharging any dangerous missile.

Section 9.56.020. Furnishing ammunition to minors prohibited.

Except as otherwise provided in Section 9.56.040, it is unlawful in the City for any person, firm, or corporation to sell, give,

loan or in any way furnish or to cause or to permit to be sold, given, loaned or in any way furnished to any person under

the age of sixteen years any cartridge, shell, ammunition or device containing any explosive substance designed or

intended to be used in or fired from any gun, revolver, pistol or firearm.

Section 9.56.040. Exceptions, parental consent.

Nothing in this chapter shall be deemed or construed to prohibit in the City the selling, giving, loaning or furnishing to any

person under the age of sixteen years upon the written consent of the parent or guardian of such person, any article

mentioned in Sections 9.56.010 and 9.56.020, nor to prohibit any such person under the age of sixteen years from having

in his or her possession, care, custody or control any article mentioned in Section 9.56.030 in the event that such

possession, care, custody or control of such article is had with the consent of the parent or guardian of such person and is

under the direct supervision and control of some adult person.

Section 9.56.050. Violation, penalty.

Any person convicted of a violation of this chapter shall be punished by imprisonment in the City or County Jail for a

period not exceeding six months or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Rolling Hills Estates Code of Ordinances

Codified through Ordinance Number 739, passed April 12, 2022. (Supp. No. 32)

Title 5 – Business Licenses and Regulations

Chapter 5.12 – Permits for Certain Businesses

Section 5.12.010. Required.

No person shall operate, and no license shall be issued for any of the following businesses until a permit has first been

obtained therefor upon application in writing for such permit pursuant to Chapters 5.12, 5.20 through 5.32, 5.40 through

5.48 of this code;

I. Dealers in concealable firearms;

Rosemead Code of Ordinances

Codified through Ordinance Number 2022-35, adopted June 14, 2022. (Supp. No. 35, 6-22)

Title 5 – Business Licenses and Regulations

Chapter 5.41 – Home Occupations

Section 5.41.100. Prohibited uses.

The following list presents examples of commercial uses that are not incidental to or compatible with residential activities,

are suitable only in nonresidential zoning districts, and are therefore prohibited as home occupations:

Wholesale and retail sales, not including cottage food operations (e.g. automobiles, merchandise, herb and/or

pharmaceuticals, guns and/or ammunition, etc.);

Roseville Municipal Code

Current through Ordinance Number 6446 and the February 2022 code supplement.

Title 19 – Zoning

Article IV – Special Area and Specific Use Requirements

Chapter 19.42 – Home Occupation

Section 9.42.030. Limitation on use.

Home occupations shall be permitted in a dwelling, so long as the maximum cumulative impact of all such businesses

shall not exceed the limits set forth in this section for a single home occupation. The following uses or activities are

prohibited as home occupations:

A. Fire arms and ammunition sales;

Sacramento Code of Ordinances

Current through Ordinance 2022-0024, effective September 29, 2022.

Title 5 – Business Licenses & Regulations

Chapter 5.64 – Firearm and Ammunition Sales

Section 5.64.010. Definitions.

The following words and phrases when used in this chapter shall have the following meanings:

“Applicant,” means a person applying for a license to engage in firearm and ammunition sales. When the person is other

than a natural person, “applicant” includes any officer, director, employee or agent of the person applying for the license.

“Chief of police” means the chief of police or the chief of police’s designee.

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

projectile through a barrel by the force of an explosion or other form of combustion.

“Firearm ammunition” means any cartridge or encasement containing a bullet or projectile, propellent or explosive

charge, and a primer which is used in the operation of a firearm.

“Firearm and ammunition sales” means the selling, leasing or transferring of any firearm or firearm ammunition in

quantity, in series, in individual transactions, or in any other manner indicative of trade; or the preparation for such

conduct as evidenced by the securing of applicable federal or state licenses; or the holding of one’s self out as engaged in

such conduct. (Ord. 2013-0018 § 1; prior code § 28.05.500)

Section 5.64.020. License requirement and penalty for violation.

A. No person shall engage in firearm and ammunition sales, without a valid license from the chief of police. Gunsmiths,

crafts makers and firearms collectors are not required to possess a license unless they sell, lease or transfer firearms.

B. The chief of police shall make available application forms requiring applicants to provide the information set forth in §

5.64.030. Applicants shall submit a completed application and a nonrefundable application fee to the revenue division of

the department of finance. Upon receiving the application fee, the revenue division shall issue a receipt to the applicant

showing that such application fee has been paid. The issuance of the receipt does not authorize an applicant to engage in

firearm and ammunition sales until the necessary license has been lawfully issued.

C. The application fee amount shall be established by resolution of the city council and shall be the exclusive source of

city funds from which recovery of all costs associated with this chapter may be obtained, including but not limited to,

processing applications, monitoring licensees, and enforcing the provisions of this chapter.

D. Any person who violates subsection A of this section is guilty of a misdemeanor, punishable by imprisonment in the

county jail not exceeding 6 months, or by fine not exceeding $1,000, or by both. The chief of police shall prescribe a form

on which the chief of police shall inform the California Department of Justice that such violators do not meet the state

requirements for gun licensees or dealers pursuant to Penal Code § 26700.

Section 5.64.030. Application form.

A. The application for a license to engage in firearm and ammunition sales shall be signed under penalty of perjury and

shall set forth:

1. The name, age and address of the applicant;

2. The address of the location for which the license is required, together with the business name, if any, of such

location;

3. All convictions of the applicant for any misdemeanor or felony;

4. All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from

other jurisdictions, including, but not limited to, the date(s) of application(s) and whether each such application

resulted in issuance of a license or permit;

5. All information relating to suspension(s) or revocation(s) of licenses or permits relating to firearms, including, but

not limited to, the date and circumstances of the suspension(s) or revocation(s);

6. Applicant’s agreement to indemnify, defend, and hold harmless the city, its officers, agents, and employees, from

and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the

applicant’s negligence or intentional or willful misconduct relative to the license for which the applicant is applying;

7. Applicant’s understanding that the city shall have the right to enter the buildings and premises designated in the

license from time to time during regular business hours to make reasonable inspections and to investigate and

enforce compliance with building, mechanical, fire, electrical or plumbing regulations to the extent authorized by law;

8. Applicant’s understanding that police department employees, as designated by the chief of police, shall have the

right to enter the building and premises designated in the license during regular business hours to make reasonable

inspections and to investigate and enforce compliance with the provisions of this chapter;

9. Other conditions deemed appropriate by the chief of police.

B. The application for a license to engage in firearm and ammunition sales shall be submitted with a copy of a valid

special permit for the proposed location as required by Title 17.

C. The chief of police shall take the fingerprints of the applicant and shall confirm the information submitted. The chief of

police shall act upon and either approve or deny the application at the earlier of the following: (1) within 180 days of

receipt of the application; or (2) within 30 days after all required documentation and site investigations are conducted by

the police department, the building inspection division, and the fire department; or (3) within 15 days of receipt of

fingerprint verification by the State Department of Justice.

Section 5.64.040. Form of license.

All licenses issued pursuant to this chapter shall be in the form prescribed by the chief of police of the city.

Section 5.64.050. Referral of application to other departments.

A. Upon receipt of an application, the chief of police shall refer the application to the building inspection division and the

fire department, which departments shall inspect the premises to be used for the sale of firearms and shall report to the

chief of police concerning compliance with the codes they administer, and compliance with this chapter. To the extent

possible, the police department, the building inspection division and the fire department shall conduct such site

investigations jointly.

B. Upon receipt of the reports and recommendations from the building inspection division and the fire department, and

within the time period specified in § 5.64.030 of this chapter, the chief of police shall render his or her decision. The chief

of police shall either deny the application for one or more grounds specified in § 5.64.060 of this chapter, and specify the

grounds upon which the denial is based, or approve the application, subject to such reasonable and appropriate

conditions as may be imposed, including the conditions specified in § 5.64.110 of this chapter. (Prior code § 28.05.504)

Section 5.64.060. Denial of license.

Except as specifically provided otherwise herein, the chief of police shall deny the issuance of a license when any of the

following conditions exist:

A. The applicant is under the age of 21 years;

B. The applicant has had a similar type of license previously revoked or denied within the immediately preceding 2 years

for substantive reasons;

C. The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the

application for a license. If a license is denied on this ground, any reapplication for a gun dealer license shall be

automatically denied for a period of 2 years;

D. The applicant has been convicted of:

1. Any offense so as to disqualify the applicant from owning or possessing a firearm under applicable federal, state,

and local laws,

2. Any offense relating to the manufacture, sale, possession, use or registration of any firearm or dangerous or deadly

weapon,

3. Any offense involving the use of force or violence upon the person of another,

4. Any offense involving theft, fraud, dishonesty, or deceit,

5. Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the

California Health and Safety Code;

E. The applicant is: (1) currently, or has been within the past 2 years, an unlawful user of any controlled substance as

defined by the California Health and Safety Code; or (2) an excessive user of alcohol, to the extent that such use would

impair his or her fitness to be a dealer in firearms;

F. Firearms having been confiscated from the applicant within the immediately past 2 years pursuant to California Penal

Code § 18250;

G. Applicant has been detained for psychiatric evaluation pursuant to California Welfare and Institutions Code § 5150;

H. The operation of the business as proposed would not comply with all applicable federal, state, and local laws;

I. The applicant, or an officer, employee, or agent thereof does not have, and/or cannot provide evidence of a possessory

interest in the property at which the proposed business 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;

J. The applicant has failed to submit a complete application form and all information and documentation required by §

5.64.030; or

K. Any other ground for denial which exists under any applicable provision of federal, state, or local law.

Section 5.64.070. Duration and renewal of licenses.

Unless revoked on an earlier date, all licenses issued pursuant to this chapter shall expire 1 year after the date of

issuance; provided, however, that such licenses may be renewed by the chief of police for additional periods of 1 year

upon the approval of an application for renewal by the chief of police and payment of the renewal fee as established by

resolution of the city council. Such renewal application shall set forth the information listed in § 5.64.030 of this chapter,

and must be received by the chief of police, in completed form, no later than 45 days prior to the expiration of the current

license. (Prior code § 28.05.506)

Section 5.64.080. Nonassignability of license.

The assignment of any license issued pursuant to this chapter is unlawful and any such assignment shall render the

license null and void. In addition, the attempt to transfer or assign any license issued pursuant to this chapter shall be

further grounds for revocation.

Section 5.64.090. Security.

Each business licensed under this chapter shall meet the requirements of a “secure facility” pursuant to § 17110 of the

California Penal Code.

Section 5.64.100. Application for employee work permit.

A. Each employee who engages in firearm and ammunition sales must obtain either of the following: (1) a valid employee

work permit from the chief of police; or (2) a valid certificate of eligibility issued by the California Department of Justice.

The work permit requirement does not apply to employees at gun shows that are properly licensed under state and

federal law.

B. The application for an employee work permit for an employee engaged in firearm and ammunition sales shall be

submitted to the chief of police on a form provided by the chief of police. Prior to submitting such application, a

nonrefundable fee as established by resolution of the city council shall be paid to the chief of police to defray, in part, the

cost of investigation and report required by this section. The chief of police shall issue a receipt to the employee showing

that such permit application fee has been paid. The issuance of such a receipt shall not authorize an employee to engage

in firearm and ammunition sales until the necessary work permit has been lawfully granted.

C. The application to the chief of police shall be signed under penalty of perjury and set forth the following information:

1. The name, age and address of the employee;

2. The business name and address of the employer;

3. All convictions of the applicant for any misdemeanor or felony;

4. All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from

other jurisdictions, including, but not limited to, the date(s) of application(s) and whether each such application

resulted in issuance of a license or permit;

5. All information relating to suspension(s) or revocation(s) of licenses or permits relating to firearms, including, but

not limited to, the date and circumstances of the suspension(s) or revocation(s);

6. Other reasonable conditions deemed appropriate by the chief of police.

D. The chief of police shall take the fingerprints of the employee and shall confirm the information submitted.

E. The chief of police shall act upon and either approve or deny the application for an employee work permit at the earlier

of the following: (1) within 180 days of receipt of the application; or (2) within 15 days of receipt of fingerprint verification

by the State Department of Justice.

F. The chief of police shall deny the issuance of an employee work permit when any of the following conditions specified

in §§ 5.64.060(D) through (G) exist.

G. Duration and Renewal of Work Permit. Unless revoked on an earlier date, all employee work permits issued pursuant

to this chapter shall expire 1 year after the date of issuance; provided, however, that such work permits may be renewed

by the chief of police for additional 1-year periods upon the approval of an application for renewal by the chief of police

and payment of the renewal fee established by resolution of the city council. Such renewal application shall set forth the

information listed herein, and must be received by the chief of police, in completed form, no later than 45 days prior to the

expiration of the current employee work permit.

H. Nonassignability. The assignment of any employee work permit issued pursuant to this chapter is unlawful and any

such assignment shall render the license null and void. In addition, the attempt to transfer or assign any employee work

permit issued pursuant to this chapter shall be further grounds for revocation.

I. Grounds for Revocation of Work Permit. In addition to any other provisions of this section, any circumstances

constituting grounds for denial of an employee work permit shall also constitute grounds for revocation of an employee

work permit.

Section 5.64.110. License – Conditions.

In addition to all other requirements and conditions stated in this chapter, each licensee shall be subject to all of the

following conditions, the breach of any of which shall be sufficient cause of revocation of the license by the chief of police:

A. The business shall be carried on only in the building located at the street address shown on the license, except for gun

shows as permitted under state and federal law.

B. The licensee shall comply with state law, including §§ 28050 through 28250 of the California Penal Code.

C. The licensee shall verify that each employee engaged in firearm and ammunition sales has obtained either of the

following: (1) a valid employee work permit from the chief of police; or (2) a valid certificate of eligibility issued by the

California Department of Justice. An employee shall not engage in firearm and ammunition sales if a work permit is

denied or revoked by the chief of police. A licensee who permits an employee to work without a valid work permit or valid

certificate of eligibility shall be in violation of this section.

D. The licensee shall not engage in firearm and ammunition sales, except for leases or transfers for theatrical purposes,

without also selling or otherwise providing with each firearm a nonreturnable trigger lock. If the use of a trigger lock on a

particular type of firearm is infeasible, then the licensee shall do the following: (1) demonstrate such infeasibility to the

satisfaction of the chief of police; and (2) make available for sale a similar device, which is approved by the chief of police,

that is designed to prevent the unintentional discharge of the firearm.

E. The licensee shall not sell, lease or otherwise transfer any firearm to any person whom the licensee reasonably

believes is within any of the classes prohibited by state law, including California Penal Code §§ 29800 through 29875,

29900 and 29905 and California Welfare and Institutions Code §§ 8100 through 8103.

F. The licensee shall comply with all conditions, if any, of the special permit issued pursuant to Title 17.

G. The licensee shall comply with all federal, state, and local laws, and all provisions of this chapter.

Any license issued pursuant to this chapter shall be subject to such additional conditions as the chief of police finds are

reasonably related to the purpose of this chapter.

Section 5.64.120. Grounds for revocation.

In addition to any other provisions of this chapter, any circumstances constituting grounds for denial of a license shall also

constitute grounds for revocation of a license.

Section 5.64.130. Hearing on license and work permit denial or revocation.

A. Any person whose application for a license or work permit under this chapter has been denied, or whose license or

work permit has been revoked pursuant to the provisions of this chapter, shall have the right to a hearing before the chief

of police or his or her designee prior to final denial or prior to revocation.

B. The chief of police shall give the applicant, licensee or employee written notice of the intent to deny the application or

to revoke the license or work permit. The notice shall be mailed, postage prepaid, to the last known mailing address of the

licensee or employee and set forth the ground or grounds for the chief of police’s intent to deny the application or to

revoke the license or work permit and shall inform the applicant, licensee or employee that he or she has 10 days from the

date of mailing of the notice to file with the police department a written request for a hearing. The application may be

denied or the license or work permit revoked if a written request for hearing is not received within the 10 day period.

C. If the applicant, licensee, or any employee who is required to obtain a valid work permit files a timely request for

hearing, the chief of police shall set a time and place for the hearing. All parties involved shall have the right to: (1) offer

testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront

and cross-examine any witnesses against them. If the hearing is before a designee of the chief of police, the designee

shall make a written recommendation following the hearing regarding whether an application should be denied or a

license revoked. The decision of the chief of police whether to deny the application or revoke the license or work permit

shall be appealable by the applicant/licensee to the city council, pursuant to §§ 1.24.010 through 1.24.030 of this code, at

which proceeding the chief shall have the burden of proof to justify his decision by a preponderance of the evidence. Time

for hearing for denial of the license shall be held within 70 days of the application. A revocation hearing shall be held

within 30 days of a notice stating intent to revoke the license or work permit.

Section 5.64.140. Suspension of license.

A. If the chief of police reasonably believes that a licensee has: (1) violated any federal, state or local law relating to the

sale, lease, transfer, use or possession of firearms or firearm ammunition; or (2) has committed any of the offenses set

forth in § 5.64.060; or (3) is within the class of persons set forth in § 5.64.060(E), (F) or (G), the chief of police may

immediately suspend the license for a period not to exceed 90 days.

B. If the licensee is charged by a federal, state, or local prosecuting attorney with a violation of any such law, the chief of

police may suspend such license until the charges are dismissed or the licensee is found not guilty in a court of law. If the

chief of police suspends a license pursuant to this provision, the licensee shall be provided an opportunity to present

evidence to the chief or his or her designee that the pending charges are without legal merit. The chief’s decision

regarding whether to suspend a license pending the outcome of such charges shall be appealable by the licensee to the

city council, at which proceeding the chief shall have the burden of proof to justify his or her decision by a preponderance

of the evidence.

C. Notice of suspension shall be mailed, postage prepaid, to the last known mailing address of the licensee.

Section 5.64.150. Authority to inspect.

Any and all investigating officials of the city shall have the right to enter the building and entire premises designated in the

license from time to time during regular business hours to make reasonable inspections and to observe and enforce

compliance with building, mechanical, fire, electrical, or plumbing regulations to the extent provided by law. Police

department employees, as designated by the chief of police, may conduct compliance inspections to insure conformance

with all federal, state, and local laws, and all provisions of this chapter.

Section 5.64.160. Compliance by existing dealers.

Any person lawfully engaging in the business of selling, leasing, or otherwise transferring any firearm or firearm

ammunition on the effective date of the ordinance codified in this chapter shall have a period of 90 days after such

effective date to comply with the provisions of this chapter.

Section 5.64.180. Rules and regulations.

The chief of police is authorized to promulgate such rules and regulations after noticed hearing as will enable the police

department to effectuate the purposes of this chapter. Failure to comply with such rules and regulations, or with any other

requirements imposed by this chapter, shall constitute grounds for revocation of licenses issued hereunder.

Chapter 5.66 – Firearm Ammunition Sales Logs

Section 5.66.010. Definitions.

For the purpose of this chapter, the following words and phrases are defined as follows:

“Ammunition sales log” means the written or electronic record of a firearms ammunition sale as required under Section

5.66.020.

“Ammunition vendor” means any person, firm, corporation, dealer, or any other business enterprise that is engaged in

the retail sale of any firearm ammunition; or that prepares for such conduct of business as evidenced by the securing of

applicable federal, state or local licenses; or that holds itself out as engaged in the business of selling or otherwise

transferring any firearm ammunition.

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

projectile through a barrel by the force of an explosion or other form of combustion.

“Firearm ammunition” means any cartridge or encasement containing a bullet or projectile, propellant or explosive

charge, and a primer which is used in the operation of a firearm.

“Sale” means the sale, barter, transfer or any means of providing goods to a transferee, including the provision of

ammunition in conjunction with any firearm sale.

Section 5.66.020. Ammunition sales log required.

An ammunition vendor shall maintain an ammunition sales log which records all firearm ammunition sales as required by

this chapter. The transferee shall provide, and the ammunition vendor shall record on the ammunition sales log, at the

time of sale, the following information for each sale of firearms ammunition:

A. The name, address, and date of birth of the transferee;

B. The date of the sale;

C. The transferee’s driver’s license number, state identification card number, passport number, or other valid government-

issued photographic identification;

D. The brand, type, and quantity of firearms ammunition transferred;

E. The identity of the person transferring the firearms ammunition on behalf of the ammunition vendor;

F. The transferee’s signature and right thumbprint.

Section 5.66.030. Maintenance and inspection of ammunition sales log at location of sale.

The ammunition sales log required in Section 5.66.020 shall be recorded on a form approved by the chief of police. In

addition to the requirements of Section 5.66.040, all ammunition sales logs shall be kept at the location of the firearms

ammunition sale for a period of not less than two years from the date of the sale. Ammunition sales logs shall be open to

reasonable inspection by peace officers at all times the ammunition vendor is regularly open for business.

Section 5.66.040. Electronic transmission of sale record to police department.

Within five calendar days of a firearms ammunition transfer, the ammunition vendor shall electronically transmit to the

Sacramento police department all of the information set forth in subsections A to F of Section 5.66.020. The electronic

transmittal shall be by a method, and in a format, approved by the chief of police.

Section 5.66.050. False information – False recordation.

No person shall knowingly provide false, inaccurate, or incomplete information to an ammunition vendor for the purpose of

purchasing firearms ammunition. No ammunition vendor shall knowingly make a false, inaccurate, or incomplete entry in

any ammunition sales log, nor shall any ammunition vendor refuse any reasonable inspection of an ammunition sales log

subject to inspection under Section 5.66.030.

Section 5.66.060. Grace period.

Any ammunition vendor lawfully engaging in the business of selling or otherwise transferring any firearm ammunition on

the effective date of the ordinance codified in this chapter shall have a period of ninety (90) days after such effective date

to comply with the provisions of this chapter.

Section 5.66.070. Severability.

This chapter shall be enforced to the full extent authorized by law. If any section, subsection, paragraph, sentence,

clause, or word of this chapter is deemed invalid or beyond the authority of the city, either on its face or as applied, the

remainder of this chapter shall remain in full force and effect, and to that end the provisions of this chapter shall be

deemed severable.

Section 5.66.080. Exemptions.

A. The provisions of this chapter shall not apply if the firearms ammunition transferee is any person described in Section

12302 or 12322 of the Penal Code of the state of California; any off-duty peace officer who displays proper agency

identification which identifies him or her as an active peace officer; any person who has been issued a permit to carry a

concealed weapon under the authority of Section 12050 of the Penal Code of the state of California; or any security guard

licensed under the authority of Section 12033 of the Penal Code of the state of California.

B. The provisions of this chapter shall not apply to shotgun ammunition containing projectiles (shot) of a diameter less

than twenty-four hundredths of an inch.

Section 5.66.090. Violation – Penalty.

A. A violation of this chapter shall constitute a misdemeanor. The penalty for a first violation is a five-hundred-dollar

($500.00) fine or imprisonment not to exceed six months, or both. The penalty for each additional violation within one year

is a one-thousand-dollar ($1,000.00) fine or imprisonment not to exceed six months, or both.

B. Violation of this chapter also constitutes grounds for revocation of a license issued under Chapter 5.64.

Title 9 – Public Peace, Morals & Welfare

Chapter 9.32 – Weapons & Explosives

Article 1 – In General

Section 9.32.010. Definitions.

The following definitions apply in this chapter:

“Dangerous or deadly weapon” means, but is not limited to, … any dangerous or deadly weapon within the meaning of

any law of this state restricting the use thereof; … and any firearm other than one carried pursuant to a valid permit,

issued by a duly authorized governmental authority, or any ordinary rifle or shotgun lawfully carried for purposes of

hunting or other lawful sport.

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

projectile through a barrel by the force of an explosion or other form of combustion.

“Law enforcement officer” means any federal law enforcement officer or peace officer as defined under § 830 and

following of the California Penal Code. (Ord. 2016-0005 § 1; prior code § 48.01.001)

Section 9.32.050. Dangerous or deadly weapons prohibited in cars.

It is unlawful for any person to have in his or her possession, in any automobile, any dangerous or deadly weapon, but

this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of

honest work, trade or business or for the purpose of legitimate sport or recreation. (Prior code § 48.01.005)

Section 9.32.180. Reporting of stolen or lost firearms required.

It is unlawful for any person who owns or possesses a firearm to knowingly or negligently fail to report the theft or loss of

such firearm to the Sacramento police department within 48 hours of the time he or she knew or should have known the

firearm has been stolen or lost, when either the owner or possessor resides in the city, or the theft or loss of the firearm

occurs in the city. Any person violating this section is guilty of a misdemeanor.

Sacramento County Code of Ordinances

Codified through Ordinance Number SCC 1687 and the June 2022 code supplement.

Title 4 – Business Regulation

Chapter 4.10 – Special Business Licenses and Employee Permits

Article 1 – Applicability and Issuance

Section 4.10.005. License Required.

No person shall, unless under and by authority of a valid unexpired and unrevoked Special Business License, conduct or

operate within the unincorporated area of the County, whether singularly or in connection with another type of enterprise,

the following:

F. Sales of concealable firearms – including gunpowder;

A person shall be deemed to operate or conduct an enterprise or activity and violate this section and corresponding

prohibitions in Chapters 4.14 through 4.50, inclusive, if the person, without an applicable Special Business License in

effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the

enterprise or activity for which the License is required.

Salinas Code of Ordinances

Codified through Ordinance Number 2656(NCS), passed May 10, 2022. (Supp. No. 92, 7-22)

Part II – The Code

Chapter 12A – Firearms

Section 12A-2. Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "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 an explosion or other form of combustion.

B. "Firearm dealer" means a person licensed pursuant to California Penal Code Section 12071 to engage in the business

of selling, transferring or leasing, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or

lease, any firearm.

C. "To engage in the business" means the conduct of a business of selling, transferring or leasing of any firearm; or the

preparation for such conduct of business as evidenced by the securing of applicable federal or state licenses; or the

holding of one's self out as engaged in the business of selling, transferring or leasing of any firearm, or the selling,

transferring or leasing of firearms in quantity, in series, or in individual transactions, or in any other manner indicative of

trade.

D. "Person" means natural person, association, cooperative partnership, firm, association or corporation.

E. "Safe firearm storage device" or "safe storage device" shall mean any of the following devices, appropriate to the

firearm, the proper use of which will prevent the unintentional discharge of the firearm:

(1) Any type of reusable locking device that is of adequate quality and construction to prevent children and

unauthorized users from firing the firearm and that cannot be readily removed from the firearm or that the firearm

cannot be readily removed from the device except by an authorized user utilizing a key, combination, or other method

of access intended by the manufacturer of the device.

(2) The device shall be capable of rendering the sold, leased or transferred firearm inoperable when properly installed

by keeping the trigger from releasing the sear thereby dropping the firing pin, or locking the action of the firearm open

so that it will not go into battery or discharge. Any device integrated into the firearm by the manufacturer, which meets

the criteria of this paragraph, shall qualify as a safe firearm device.

(3) All locks or locking devices sold, furnished or made available in order to comply with the provisions of this article

shall have a unique key, or a combination with at least three tumblers.

(4) Any other firearm storage device approved by a California or federal law enforcement agency shall suffice under

this section.

A firearms "safety" shall not be considered a safe storage device for purposes of this article.

Section 12A-3. Permit required.

It shall be unlawful for any person to engage in the business of operating or managing any business which sells, transfers,

leases or offers or advertises for sale, transfer or lease, any firearm without first obtaining a firearms dealer permit from

the chief of police of the Salinas police department.

Section 12A-4. Application, forms, fees.

An applicant for a permit under this chapter shall file with the chief of police a sworn application in writing, on a form to be

furnished by the city. The applicant shall provide all information requested, including proof of compliance with all

applicable federal, state and local laws when required by the chief of police, or the application will not be deemed

complete. The application shall be accompanied by a nonrefundable fee, as established by resolution, which, to the extent

practicable, shall reflect the cost of enforcing the requirements of this chapter.

Section 12A-5. Application, investigation.

The chief of police shall conduct an appropriate investigation to determine for the protection of the public safety whether

the permit may be issued. The chief of police may require additional information of an applicant deemed necessary to

complete the investigation.

Section 12A-6. Application denial.

The chief of police shall deny the issuance of a permit when any of the following conditions exist:

(a) The applicant, or an officer, employee or agent thereof, is under the age of twenty-one years.

(b) The applicant is not licensed as required by all applicable federal, state and local laws.

(c) The applicant, or an officer, employee or agent thereof, has had a similar type of permit previously revoked or denied

for good cause within the immediately preceding two years.

(d) The applicant, or an officer, employee or agent thereof, has made a false or misleading statement of a material fact or

omission of a material fact in the application for a permit.

(e) The applicant, or an officer, employee or agent thereof, has been convicted of:

(1) Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing

a firearm under applicable federal, state and local laws;

(2) Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or dangerous or

deadly weapon;

(3) Any offense involving the use of force or violence upon the person of another;

(4) Any offense involving theft, fraud, dishonesty or deceit;

(5) Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the

California Health and Safety Code as said definition now reads or may hereafter be amended to read.

(f) The applicant, or an officer, employee or agent thereof, is an unlawful user of any controlled substance as defined by

the California Health and Safety Code as said definition now reads or may hereafter be amended to read, or is an

excessive user of alcohol to the extent that such use would impair his or her fitness to be a dealer in firearms.

(g) The applicant, or an officer, employee or agent thereof, has been adjudicated as a mental defective, or has been

committed to a mental defective, or has been committed to a mental institution, or suffers from any psychological

disturbance which would impair his or her fitness to be a dealer in concealable firearms.

(h) The operation of the business as proposed will not comply with all applicable federal, state and local laws.

(i) The applicant, or an officer, employee or agent thereof, proposes to operate in the following locations:

(1) Within a zoning district in which general retail sales commercial activities are not a permitted or conditional use;

(2) Within a zoning district in which residential use is the principal permitted or maintained use. This restriction shall

not apply to a federally registered firearms dealer who meets all of the following conditions:

(A) Sold, transferred or leased at least one firearm within the twelve months immediately preceding July 12, 1994;

(B) Has no officer, employee or agent assisting the dealer in the business;

(D) Does not sell, transfer or lease more than fifty firearms in any calendar year;

(E) Has no felony or misdemeanor conviction;

(F) Maintains all state and federal firearms licensing requirements;

(G) Fully complies with the firearm storage requirements of Penal Code Section 12071(b)(14);

(H) Requires all purchasers to take handling instruction from the dealer or to provide certification of prior gun

handling experience. This requirement is not a substitution for required federal, state or local safety courses;

(I) Agrees to city inspection of the residential premises with reasonable cause and upon one hour notice, except

that neither notice nor cause is required for city inspection of firearms inventory and required records. Nothing

contained in this subsection shall prevent inspections or searches as otherwise allowed by law;

(J) Agrees to indemnify, defend and hold the city, its officers, agents and employees harmless from claims arising

from the negligence of the residential firearms dealer; provided, however, this exemption will terminate in the

event that the dealer fails to comply with all of the terms of this chapter or the dealer loses the federal firearms

permit or the dealer vacates the residence in which the dealer sold, transferred or leased firearms as of July 12,

1994, whichever occurs first;

(3) Within one thousand feet of a public or private day care center or day care home, or within one thousand feet of

any elementary, junior high or high school, whether public or private;

(4) Within one thousand five hundred feet of the exterior limits of any other premises occupied by a dealer in firearms.

The distance restriction in this subsection shall not apply to any firearm dealer that is operating as of June 7, 1994 in a

zoning district in which general retail sales commercial activities are either permitted or conditional uses.

(j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot provide evidence of a possessory

interest in the property at which the proposed business will be conducted.

(k) Any ground for denial exists as specified in the Salinas City Code.

Section 12A-6.1. Criminal history information.

The police department is authorized access to the state summary criminal history information maintained by the

Department of Justice for applicants under this chapter for a firearms permit. The state summary criminal history

information is limited to the criminal conduct specified in Section 12A-6. An applicant, or an officer, employee or agent

thereof, shall be fingerprinted by the police department, and all costs for administering and processing the fingerprints

shall be borne solely by the applicant, officer, employee or agent.

Section 12A-7. Permit form.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the state of

California.

Section 12A-8. Permit, duration, renewal.

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such

permits may be renewed by the chief of police for additional periods of one year upon the approval of an application for

renewal by the chief of police and payment of the renewal fee. Such renewal application must be received by the chief of

police, in completed form no later than forty-five days prior to the expiration of the current permit.

Section 12A-9. Permit, assignment.

The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful and any such assignment or

attempt to assign a permit shall render the permit null and void.

Section 12A-10. Permit, conditions.

Any permit issued pursuant to this chapter shall be subject to all of the following conditions, any breach of which shall be

sufficient cause for revocation of the permit by the chief of police:

A. The business shall be carried on only in the building located at the street address shown on the license.

B. The permittee shall comply with Sections 12071, 12072, 12073, 12074, 12076, and 12077 and 12082 of the California

Penal Code, to the extent that the provisions remain in effect.

C. It shall be unlawful for any firearm dealer to sell, lease or otherwise transfer ownership of any firearm without also

providing with the firearm a safe firearm storage device designed to prevent the unintentional discharge of the firearm

being sold, leased or transferred. Such device shall be of a type approved by the chief of police and/or his/her designee.

The permittee shall advise the chief of police of the type of device at the time of application for the permit, renewal of the

permit or at any time the permittee desires to change the type of device previously approved by the chief of police.

(1) The safe firearm storage device shall be locked in place, properly attached to, or properly covering, the firearm at

the time it leaves the firearm dealer's premises.

(2) Nothing in this article shall prevent the firearm dealer from recovering the cost of providing a safe firearm storage

device by charging a price for the safe storage device, either separately or as part of the price of the firearm.

D. In connection with any sale, lease or transfer of a firearm, the firearm dealer shall obtain from the person receiving the

firearm a signed acknowledgement that the dealer has provided the seller, lessor or transferee with a safe firearm storage

device as required by this section.

E. Subsections 12A-10(C) and (D) are effective until January 1, 2002. On that date, Assembly Bill 106, enacting Penal

Code Section 12087 et seq., shall become effective and the two subsections shall be superceded by state law and have

no further force and effect.

Any permit pursuant to this chapter shall be subject to such additional conditions as the chief of police finds are

reasonably related to the purpose of this chapter.

Section 12A-11. Permit, grounds for revocation.

In addition to any provisions contained in this chapter, any circumstances constituting grounds for denial shall also

constitute grounds for revocation.

Section 12A-12. Permit, hearing.

A. Any person whose application for a permit under this chapter has been denied, or whose permit has been revoked

pursuant to the provisions of this chapter, shall have the right to a hearing before the chief of police or a designee prior to

final denial or prior to revocation.

B. The chief of police shall give the applicant or permittee written notice of the intent to deny the application or to revoke

the permit. The notice shall set forth the ground or grounds for the chief of police's intent to deny the application or to

revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the

notice to file a written request for a hearing. The application may be denied or the permit revoked if a written hearing

request is not received within the ten-day period.

C. If the applicant or permittee files a timely hearing request, the chief of police shall set a time and place for the hearing.

All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to

be represented by counsel, and to confront and cross examine any witnesses against them. The decision of the chief of

police whether to deny the application or revoke the permit is final and nonappealable.

Section 12A-13. Permit, liability insurance.

No permit shall be issued or continued pursuant to this chapter unless there is in full force and effect a policy of insurance

in such form as the city attorney deems proper, executed by an insurance company approved by the city attorney

whereby the applicant or permittee is insured against liability for damage to property and for injury to or death of any

person as a result of the sale, transfer or lease, or advertising for sale, transfer or lease, or offering or exposing for sale,

transfer or lease, any firearm. The minimum liability limits shall not be less than one million dollars for damage to or

destruction of property in any one incident, and one million dollars for the death or injury to any one person; provided,

however, that additional amounts may be required by the city attorney if deemed necessary.

Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until notice in writing

has been given to the city, addressed in care of the chief of police, 220 Lincoln Avenue, Salinas, California, 93901, at

least thirty days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall

indemnify, defend and hold harmless the city, its officers, agents and employees, from claims arising from the negligence

of the applicant or permittee.

The requirement for liability insurance shall not apply to residential gun dealers who operate pursuant to the requirements

of Section 12A-6(i)(2)).

Section 12A-14. Permit, Authority to inspect.

Any and all investigating officials of the city shall have the right to enter the building designated in the permit from time to

time during regular business hours to make reasonable inspections to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing or health regulations, and provisions of this chapter. A police investigator may

conduct compliance inspections to insure conformance to all federal, state and local law, and all provisions of this chapter.

Section 12A-15. Compliance.

Any person engaging in the business of selling, transferring or leasing, or advertising for sale, transfer or lease or offering

or exposing for sale, transfer or lease, any firearm on the effective date of this chapter shall have a period of sixty days

after such effective date to comply with the provisions of this chapter.

Section 12A-16. Temporary suspension of permit to sell firearms.

A. If the dealer violates any federal, state and local county or city law, the chief of police may immediately suspend the

right of the dealer to sell firearms. This temporary suspension will not exceed three days. If the violation results in a

criminal charge filed in court by a federal, state or county district attorney, such permit to sell firearms may be suspended

until the case is adjudicated in a court of law.

B. Notice of suspension shall be mailed to the person(s) who made application for the permit and shall be delivered to the

address listed on the permit.

Section 12A-17. Penalties.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor.

Section 12A-18. Severability.

This chapter shall be enforced to the full extent of the authority of the city of Salinas. If any section, subsection,

paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the city of Salinas, either

on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs,

sentences or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs,

sentences and words of this chapter shall be deemed severable.

Chapter 37 – Zoning*

Article III – Base District Regulations

Division 3 – Commercial (C) Districts

Section 37-30.200. Use classifications.

Table 37-30.90 identifies the use classifications for properties located in the commercial (C) districts:

Table 37-30.90 Commercial (C) Districts Use Classifications

Land Use

CO/R

Additional Use Regulations

Commercial Uses

Secondhand or Consignment Stores

SPR

(35)

Notes:

NP = Not Permitted Use

SPR = Site Plan Review Required

(35) No firearm or weapon sales shall be permitted.

Division 4 – Mixed Use (MU) Districts

Section 37-30.240. Use classifications.

Table 37-30.110 identifies the use classifications for properties located in the mixed use (MU) districts:

Table 37-30.110 Mixed Use (MU) Districts Use Classifications

Land Use

MAF

Additional Use Regulations

Commercial Uses

Secondhand or Consignment Stores

CUP

(38)

Notes:

CUP = Conditional Use Permit Required

(38) No firearm or weapon sales shall be permitted.

San Anselmo Code of Ordinances

Codified through Ordinance Number 1160, passed december 14, 2021. (Supp. No. 34. 3-22)

Title 4 – Public Welfare, Morals and Conduct

Chapter 18 – Regulation of Firearms

Article 1 – Regulation of Firearms Dealers

Section 4-18.01. Definition of firearm.

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a

projectile is expelled through a barrel by force of explosion or other means of combustion.

Section 4-18.02. Definition of firearm dealer.

"Firearm dealer" and "licensee," as used in this article, mean any person licensed to sell, lease or transfer firearms

pursuant to California Penal Code Section 12071(a)(1).

Section 4-18.02.1. Definition of Police, Chief, Sheriff.

"Police" or "Police Department" as used in this chapter shall mean the Town of San Anselmo Police Department.

"Chief" as used in this chapter shall mean the Chief of Police or his designee. "Sheriff" as used in this chapter shall mean

the Marin County Sheriff or his designee.

Section 4-18.03. Permit required.

It is unlawful for any firearms dealer to sell, lease or transfer firearms without a permit issued in accord with this Article 1.

Section 4-18.04. Application.

(a) An applicant for a permit or renewal of a permit under this chapter shall file with the Chief an application in writing,

signed under penalty of perjury, on a form prescribed by the Town. The applicant shall provide all relevant information

requested to demonstrate compliance with this chapter including:

(1) The name, including any aliases or prior names, age and address of the applicant;

(2) The applicant's Federal Firearms License and California Firearms Dealer numbers;

(3) The address of the proposed location for which the permit is required, together with the business name, and the

name of any corporation, partnership or association that has ownership in, or control over, the business, if any;

(4) The names, ages and addresses of:

(i) All persons who will have access to or control of workplace firearms, including but not limited to, the applicant's

employees, agents and/or supervisors, if any;

(5) Proof of a possessory interest in the property at which the proposed business 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;

(6) A floor plan of the proposed business, which illustrates the applicant's compliance with security provisions as

outlined in Section 4-18.07 of this chapter;

(7) Proof of compliance with all federal and state licensing laws;

(8) Information relating to every license or permit to sell, lease, transfer, purchase, or possess firearms sought by the

applicant from any jurisdiction in the United States, including, but not limited to, the date of application; whether each

application resulted in the issuance of a license and the date and circumstances of any revocation or suspension;

(9) Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date

and circumstances of the revocation;

(10) Applicant's agreement to indemnify, defend and hold harmless the Town, its officers, agents and employees from

and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees arising in any manner

out of the applicant's negligence or intentional or willful misconduct;

(11) Certification of satisfaction of insurance requirements;

(12) The date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United

States.

(b) The application shall be accompanied by a nonrefundable fee of Five Hundred and no/100ths ($500.00) Dollars for

administering this chapter. The fee may be increased by resolution of the Town Council upon evidence of the actual cost

of administering the application. The Council finds that the Five Hundred and no/100ths ($500.00) Dollar fee is reasonable

and proper for administering this chapter.

Section 4-18.05. Investigation by Chief.

The 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 Chief shall require an applicant, or any officer, agent or employee thereof, that will

have access to or control of firearms 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 Chief, and any other additional

information which the Chief considers necessary to complete the investigation.

Section 4-18.06. Conditions of approval.

In addition to other requirements and conditions of this chapter, a permit by the Chief is subject to the following conditions,

the breach of any of which is sufficient cause for revocation of the permit by the Chief:

(a) 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 that is authorized by

federal, state and local law upon compliance with that law and upon compliance with any Town of San Anselmo ordinance

regulating the permissible locations of gun shows;

(b) The Chief's permit or a certified copy of it shall be displayed on the premises and at gun shows where it can be easily

seen;

without being accompanied by the parent, grandparent, or legal guardian for the minor child where the firearm sales

activity is the primary business performed at the site;

(d) This subsection (d) rescinded on January 1, 2002, the effective date of AB 106.

Section 4-18.07. Requirement of a secured facility.

Firearms dealers must comply with California Penal Code Section 12071(b)(14) which provides at any time the licensee is

not open for business, the licensee shall store all firearms kept in his or her licensed place of business using one of the

following methods as to each particular firearm:

(a) Store the firearm in a secure facility as defined by Penal Code Section 12071(c)(3) that is part of, or that constitutes,

the licensee's business premises;

(b) 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;

Section 4-18.08. Liability insurance.

(a) No permit issued by the Chief shall be issued or reissued unless there is in effect a policy of insurance in a form

approved by the Town and executed by an insurance company approved by the Town, 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 limits shall not be less than One Million and

no/100ths ($1,000,000.00) Dollars for each incident of damage to property or incident of injury or death to a person;

provided, however, that increased limits of liability may be required by the Town Attorney if deemed appropriate in his or

her sole discretion.

(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 Town Administrator at least thirty (30) days prior to the time the cancellation becomes

effective.

considered canceled without further notice.

Section 4-18.09. Issuance of permit issued by Chief, duration.

(a) The Police Department may grant a Chief's 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, Town Building Code, fire, zoning

and planning codes.

(b) A permit issued by the Chief expires one year after the date of issuance. A permit may be renewed for additional one-

year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable Twenty-five

and no/100ths ($25.00) Dollars renewal fee. The renewal application and the renewal fee must be received by the Police

department no later than forty-five (45) days before the expiration of the current permit.

18.12.

Section 4-18.10. Grounds for permit denial.

The Chief shall deny the issuance or renewal of a Chief's permit when one or more of the following conditions exist:

(a) The applicant has not complied with the requirements of this chapter;

(b) The applicant, or any officer, employee or agent thereof who will have access to and control of firearms is under

twenty-one (21) years of age;

(d) The applicant or any officer, employee or agent thereof who will have access to or control of firearms has had a

license or firearms permit to sell, lease, transfer, purchase or possess from any jurisdiction in the United States revoked,

suspended or denied for good cause within the immediately preceding five (5) years;

(e) The applicant or any officer, employee or agent thereof who will have access to or 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 ground, the applicant is prohibited from reapplying for a permit for a period of five (5) years;

(f) The applicant or any officer, employee or agent thereof who will have access to or control over firearms has been

convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal, state and local law,

including, but not limited to, the offenses listed in Penal Code Section 12021,

(2) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly

weapon,

(3) An offense involving the use of force or violence upon the person of another with a deadly weapon,

(4) Any felony, misdemeanor burglary or misdemeanor fraud,

(5) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State

Health and Safety Code;

(g) The applicant or any officer, employee, or agent thereof who has control over firearms is within a class of persons

defined in Welfare and Institutions Code Sections 8100 or 8103;

(h) The applicant or any officer, employee, or agent thereof who has control over firearms is currently, or has been within

the past five (5) years, an unlawful user of a controlled substance as defined by the Health and Safety Code;

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

Section 4-18.11. Grounds for permit revocation.

In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial

of a Chief's permit also constitute grounds for revocation.

Section 4-18.12. Hearing for permit denial or revocation.

(a) A person whose application for a permit is denied or revoked by the Chief has the right to a hearing before the Chief

before final denial or revocation.

(b) Within ten (10) days of the mailing of written notice of intent to deny the application or revoke the permit, the applicant

may appeal by requesting a hearing before the 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 should set a time and place for the

hearing within thirty (30) days.

(c) The decision of the Chief shall be in writing within ten (10) days of the hearing. An applicant may appeal the decision

of the Chief to the Town Manager or his designee.

Section 4-18.13. Nonassignability.

A Chief's permit issued under this chapter is not assignable. An attempt to assign a Chief's permit renders the permit void.

Section 4-18.14. 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 sixty

(60) days after the effective date, comply with this chapter and any amendment to it.

Section 4-18.15. Record of ammunition sales.

Every holder of a business license to sell ammunition shall maintain records pertaining to ammunition sales prescribed by

this chapter on the licensed premises and in the manner prescribed herein. The record shall show:

(a) The date of the transaction;

(b) The purchaser's name, address and date of birth;

(d) The brand of ammunition purchased;

(e) The type and amount of ammunition purchased; and

(f) The purchaser's signature.

(g) Log of Ammunition Sales. The information required by this subsection 4-18.15(g) shall be completed in the logbook at

the time of the purchase. Such information shall be recorded in the following format:

Ammunition Sales Registration Log store:

Date

Name

Address

Date of

Birth

License/ID &

State

Ammunition

Brand

Ammunition Type &

Amount

Purchaser

Signature

(1) The record shall be maintained in chronological order by date of sale of the ammunition, and shall be retained on

the licensed premises of the business licensee for a period of two (2) years following the date of the purchase of the

ammunition.

(2) At the direction of the Chief, Town of San Anselmo Police officers may enter the premises of any licensed vendor

of ammunition during regular business hours for the purpose of examining or inspecting any record required by this

chapter.

(3) Exception. The provisions of this section shall not apply to the sale of firearm ammunition by a firing range

licensed to do business in the Town of San Anselmo when the ammunition so purchased is expended on the

premises of the range and not removed for use outside the range premises.

Section 4-18.16. Penalty.

(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars or by imprisonment not

exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for

each and every day during any portion of which any violation of any provision of this chapter is committed, continued or

permitted by such person.

(1) The Marin County District Attorney is hereby designated as the prosecuting agency for violations of this article

whenever such violations are to be charged as misdemeanors.

(b) Any person found to be in violation of this chapter shall be subject to the revocation of his or her law enforcement

permit to sell, lease or transfer firearms.

enforcement of these provisions.

San Bernardino County Code of Ordinances

Codified through Ordinance Number 4429, passed April 26, 2022.

Title 2 – Public Morals, Safety and Welfare

Division 2 – Firearms and Dangerous Weapons

Chapter 1 – Firearms

Section 22.0110. Purchase of firearms.

No person except a parent or guardian shall purchase from, sell, exchange, give, lend or furnish to any person under the

age of 18 years, a revolver or pistol of any description, shotgun, or rifle, which may be used for the explosion of cartridges,

or any airgun, “B-B” gun, gas-operated gun or spring gun, or any knife or knives having the appearance of a pocketknife,

the blade or blades of which can be opened by a flick of a button, pressure of the handle or other mechanical devices; or

any instrument, toy or weapon commonly known as a “sling shot,” or any bow made for the purpose of throwing or

projecting missiles of any kind by any means whatsoever, whether such instrument is called by any name set forth above

or by any other name. Any such weapon possessed in violation of this Chapter may be confiscated by any peace officer.

Section 22.0111. Prohibiting firearms – Possession by minors.

No person under the age of 18 years shall have in his or her possession, care, custody or control, any of the articles

mentioned in § 22.0110 of this Chapter except within his or her own domicile or except when accompanied by and under

the immediate supervision of a parent, guardian, or responsible adult. This Section shall not apply to any person

possessing a valid California hunting license.

Section 22.0112. Disposition of confiscated firearms.

Every peace officer taking a weapon used in violation of this Chapter, shall deliver the same to the Sheriff to be held by

him or her until the final determination of the prosecution for said offense; and upon the finding of guilt it shall then be the

duty of the Sheriff on a first offense to return the weapon to the owner and on a second offense the Sheriff is authorized to

confiscate and destroy it.

Section 22.0114. Penalty.

Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine not exceeding $500.00 or by imprisonment in the County Jail, not exceeding six months, or by

both such fine and imprisonment.

Section 22.0116. Retail license.

The Sheriff of San Bernardino County shall be the licensing authority for the unincorporated area of San Bernardino

County responsible for accepting applications and granting licenses under the provisions of Penal Code § 12071. The

Sheriff shall collect an annual license fee of $50.00 for each license issued pursuant to Penal Code § 12071. License

fees collected under this Section shall be deposited in the County General Fund.

San Bruno Municipal Code

Codified through Ordinance Number 1910 and the April 2022 code supplement.

Title 6 – Public Peace, Morals and Welfare

Chapter 6.04 – Definitions

Section 6.04.10. Definitions.

“Firearm” means any device, designed to be used as a weapon, from which is expelled a projectile by the force of any

explosion, or other form of combustion. “Firearm” shall include, but not be limited to any cannon, gun, pistol, revolver,

automatic pistol, rifle, shotgun, “BB” gun, air gun, pellet gun, or any other weapon of similar nature designed to discharge

a projectile.

Chapter 6.08 – Firearms

Article 2 – Firearms Dealers

Section 6.08.040. Permit required.

No person shall engage in the business of selling, transferring or leasing, or offering or exposing for sale, transfer or lease

within this city any firearm unless that person has been issued a permit pursuant to the provisions of this chapter.

A. Except as provided in Penal Code Section 26700, as it may be amended from time to time, and in Section 6.08.180, it

is unlawful for a person to engage in the activity of “firearm sales” as that term is defined under Section 6.08.010(E)

without a police permit as required by this chapter.

B. The requirement for a police permit is in addition to any requirement imposed by the city’s zoning code.

Section 6.08.050. Application – Form, fees.

A. An applicant for a permit under this chapter shall file with the chief of police a sworn application in writing, on a form to

be furnished by the city, and the applicant and officers, employees, and agents thereof shall be photographed and

fingerprinted by the chief of police. The applicant shall provide all information requested, including proof of compliance

with all applicable federal, state, and local laws when required by the chief of police, or the application will not be deemed

complete. A nonrefundable fee as set forth in the municipal fee schedule shall accompany the application.

B. Any person proposing to engage in business as a firearms dealer within this city shall secure the applicable federal

license and shall have thirty calendar days after approval of such federal license to apply for a police permit in compliance

with the provision of this chapter and shall not engage in the business as a firearms dealer within the city until the police

permit is issued, as well as comply with all other applicable local, state, and federal requirements.

Section 6.08.060. Application – Investigation.

The chief of police shall conduct an appropriate investigation of the applicant to determine for the protection of the public

safety whether the permit may be issued. The chief of police 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 chief of police, and any other additional information

which the chief of police considers necessary to complete the investigation.

Section 6.08.070. Application – Denial.

The chief of police shall issue a police permit to an applicant unless he or she finds any of the following:

A. The applicant, or an officer, employee, or agent thereof is under the age of twenty-one years;

B. The applicant is not licensed as required by all applicable federal, state, and local laws;

C. The applicant, or an officer, employee, or agent thereof has had a similar type of permit previously revoked or denied

for good cause within the immediately preceding year;

D. The applicant, or an officer, employee, or agent thereof has knowingly made any false or misleading statement of a

material fact or omission of a material fact in the application for a permit;

E. The applicant, or an officer, employee, or agent thereof has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee, or agent thereof from owning or possessing a

firearm under applicable federal, state, and local laws,

2. Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or

deadly weapon,

3. Any offense involving the use of force or violence upon the person of another,

4. Any offense involving theft, fraud, dishonesty, or deceit,

5. Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the

California Health and Safety Code as said definition now reads or may hereafter be amended to read;

F. The applicant, or an officer, employee, or agent thereof is an unlawful user of any controlled substance as defined by

the California Health and Safety Code as said definition now reads or may hereafter be amended to read;

G. The operation of the business as proposed will not comply with all applicable federal, state, and local laws;

H. The business as proposed will not be operated in the following locations:

1. Following adoption of applicable zoning code and general plan amendments, within a zoning district other than the

designated area of the M-1 Industrial District as shown on the city’s zoning map bounded by Tanforan Avenue to the

north, Montgomery Avenue to the west, Hermosa Street to the south, and San Mateo Avenue to the east,

2. Within a zoning district in which residential use is the principal permitted or maintained use, or within two hundred

fifty feet of the exterior limits of any such district, or within two hundred fifty feet of any existing residential use,

3. On or within two hundred fifty feet of the exterior limits of any other premises occupied by a public or private day

care center or day care home, elementary school, junior high school, or high school, or park,

4. On or within one thousand two hundred feet of the exterior limits of any other premises occupied by a firearms

dealer, a cardroom, a massage establishment, an adult entertainment establishment, or a hot tub/sauna

establishment. Priority between such existing establishments shall be assigned in accordance with the dates upon

which such establishments commenced such lawful operation, priority being given to the establishment having the

earliest of such dates. In the event any dispute arises regarding said date, the applicant shall have the obligation to

establish the date on which he or she commenced lawful operation.

All distances referred to in this subsection shall be measured between the closest points on the exterior property lines or

area boundaries of the parcels or areas involved, except that when a dealer in firearms subject to the provisions of this

chapter occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the

exterior boundaries of the unit occupied. This subsection shall supersede any and all conflicting provisions regulating

home occupations set out elsewhere in this code;

I. The applicant, or an officer, employee, or agent thereof does not have, and/or cannot provide evidence of, a possessory

interest in the property at which the proposed business will be conducted;

J. The operation of the firearm dealer business as proposed in the application for the permit will violate any applicable

building, fire, health or zoning requirements set forth in this code;

K. The applicant is within the class of persons defined in Welfare and Institutions Code Section 8100 or 8103;

L. Hours of operation would be outside of those approved in advance by the chief of police.

Section 6.08.080. Permit – Form.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the state of

California.

Section 6.08.090. Permit – Duration, renewal.

A. The police department may grant 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

code.

B. A police permit expires one year after the date of issuance. A permit may be renewed for additional one-year periods

upon the permittee’s submission of an application for renewal on a form furnished by the city, accompanied by a

nonrefundable renewal fee established by city council resolution. The renewal application and the renewal fee must be

received by the police department no later than forty-five days before the expiration of the current permit.

C. A decision regarding issuance or renewal may be appealed in the manner provided for in Section 6.08.140.

Section 6.08.100. Permit – Assignment.

The assignment or attempt to assign any permit issued pursuant to this chapter to another person or entity is unlawful and

any such assignment or attempt to assign a permit shall render the permit null and void.

Section 6.08.110. Permit – Conditions.

Any permits issued pursuant to this chapter 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 chief of police:

A. The business shall be engaged-in only in the building located at the street address designated in the permit, and only

by such persons as specified in the permit; the business may also be engaged-in at such other locations or events as are

authorized by federal and state law provided that such location or event conforms to the requirements of this code; any

changes to the approved location or to the persons authorized to act as officers, employees, or agents of the permittee in

engaging in the business during the term of the permit must be approved by the chief of police;

B. The permit or a copy thereof, certified by the chief of police, shall be displayed on the premises where it can easily be

seen;

C. The permittee shall comply with all federal and state firearms laws. Any permit issued pursuant to this chapter shall be

subject to such additional conditions as the chief of police finds are reasonably related to the purposes of this chapter,

which include, but are not limited to, the safety and security of the occupants of the establishment, its patrons, and the

public.

Section 6.08.120. Permit – Grounds for revocation.

In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial

of a police permit also constitute grounds for revocation.

Section 6.08.130. 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 limits shall not be less than one million dollars for each incident of damage to

property or incident of injury 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 chief of police at least thirty days prior to the time the cancellation becomes effective.

C. Such policy of insurance shall name the city, its officers, agents, and employees as additional insureds. Additionally,

applicants and permittee shall indemnify, defend, and hold harmless the city, its officers, agents, and employees from

claims arising from the negligence of the applicant or permittee.

D. Upon expiration of a policy of insurance and if no additional insurance is obtained, the permit is considered canceled

without further notice.

Section 6.08.140. Hearing for permit denial or revocation.

A. Any person whose application for a permit has been denied, or whose permit has been revoked pursuant to the

provision of this chapter, shall have the right to a hearing before the chief of police prior to final denial or prior to

revocation.

B. The chief of police shall give the applicant or permittee written notice of his or her intent to deny the application or to

revoke the permit. The notice shall set forth the ground or grounds for the chief of police’s intent to deny the application or

to revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the

notice to file a written request for a hearing. The application may be denied or the permit revoked if a written hearing

request is not received within the ten-day period.

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 chief of police. 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 thirty days.

D. All parties involved shall have the right to offer testimony, documentary and tangible evidence bearing on the issues, to

be represented by counsel, and to confront and cross-examine any witnesses against them. The decision of the chief of

police whether to deny the application or revoke the permit 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 in Chapter 1.32.

Section 6.08.150. Authority to inspect.

Any and all investigating officials of the city shall have the right to enter the building designated in the permit from time to

time during regular business hours to make reasonable inspections to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing, or health regulations, or provisions of this chapter. A police investigator may conduct

compliance inspections to ensure conformance with all federal, state, and local laws, and the provisions of this chapter.

Section 6.08.160. Compliance.

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer or lease, or

offering or exposing for sale, transfer or lease, any firearm on the effective date of the ordinance codified in this chapter

shall have a period of sixty days after such effective date to comply with the provisions of this chapter.

Section 6.08.170. Business and security regulations.

A. All firearm dealers and officers, employees, or agents of the firearm dealer shall comply with all provisions of California

Penal Code Section 12071 regarding business regulations and building specifications for firearm security.

B. All sellers of firearms shall protect such firearms from theft during business hours in the following manner:

1. All firearms shall be displayed in locked cabinets, a secured rack, or a storage area so that access to firearms is

controlled by the dealer or an employee, to the exclusion of all others.

2. The firearm dealer or the dealer’s agent or employee shall be present when a prospective buyer or seller is

handling any firearm prior to sale and delivery of the firearm.

3. By security cameras, reinforced windows and doors, a safety and security plan, or other measures as reasonably

required by the chief of police and fire marshal, including, but not limited to, timed exterior lights, landscaping will not

block visibility into the business, alarm system, and remote intercom entry.

C. All firearms shall be stored in an approved gun safe (or a gun safe room if necessary) during hours of business non-

operation.

Section 6.08.180. Nonconforming use.

Notwithstanding the provisions of Section 6.08.040(A) and the effective date of the ordinance codified in this chapter, any

person engaged in firearm sales who is the holder of a valid seller’s permit issued by the State Board of Equalization and

a valid certificate of eligibility issued by the California Department of Justice, all of which were issued prior to January 1,

1998, need not obtain the police permit required by this chapter, provided the operator remains fully licensed by all

agencies listed above.

Section 6.08.190. Penalty.

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a

misdemeanor under the provisions of this article shall be punished by a fine of not more than one thousand dollars or by

imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be

guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article

is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to

be in violation of this article shall be considered in noncompliance with the requirements of this chapter, and subject to the

suspension and/or revocation of a firearm sales permit under Sections 6.08.070 and 6.08.120 of this chapter.

Section 6.08.200. Severability.

This chapter shall be enforced to the full extent of the authority of the city of San BruNumber If any section, subsection,

paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the city of San Bruno,

either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs,

sentences, or words of this chapter, and the applications thereof; and to that end, the section, subsections, paragraphs,

sentences, and words of this chapter shall be deemed severable.

San Buenaventura Code of Ordinances

Codified through Ordinance Number 2022-006, enacted May 23, 2022. (Supp. No. 54)

Division 6 – Business Regulations

Chapter 6.211 – Security Measures for Ammunition Retailers

Section 6.211.010. Definitions.

A. Ammunition means any cartridge or encasement containing a bullet or projectile, propellant, or explosive charge, and

a primer that is used in the operation of a firearm.

B. Ammunition vendor means any person, firm, corporation, dealer, or any other business enterprise that is engaged in

the retail sale or transfer of any ammunition; or that prepares for such conduct of business as evidenced by the securing

of applicable federal, state, or local licenses; or that holds itself out as engaged in the business of selling or otherwise

transferring any ammunition.

Section 6.211.020. Ammunition vendor safety standards.

A. Secured facility. Every business engaged in the sale or transfer of ammunition within the City shall meet the

requirements of a "secured facility" pursuant to Section 17110 of the California Penal Code.

B. Vehicle impact protection devices required. In addition to the requirements of Section 6.211.020, vehicle impact

protection devices, as defined and described herein shall be required adjacent to the ammunition vendor's warehouse

doors, glass windows, and/or other doors and entrances, where a motor vehicle can impact and gain unauthorized entry

to the ammunition vendor's business.

Section 6.211.030. Elements of vehicle impact protection devices.

A. Required vehicle impact protection devices shall take the form of bollards, as defined and provided below:

1. Bollards, posts, and guard posts shall comply with all of the following requirements:

(a) Constructed of steel or other material not less than four inches in diameter.

(b) Spaced so that a motor vehicle with a width of four feet may not make physical contact with the ammunition

vendor's warehouse doors, glass windows, and/or other doors and entrances without first striking a bollard, post,

or guard post. The City's Planning Division may approve minor deviations to these spacing requirements to

accommodate site conditions.

(d) Located between the vehicle parking spaces or drive aisle and the ammunition vendor's warehouse doors,

glass windows, and/or other doors and entrances.

(e) Such bollards or posts shall be black, grey, safety yellow, bronze, stainless steel, concrete finish or similar

color, as approved by the Planning Division, as applicable.

(f) The color and design of the bollards or posts shall be consistent throughout each shopping center, unless

otherwise approved by the Planning Division.

(g) Bollards or posts shall be properly maintained, including no visible rust or corrosion, and be kept in uniform

alignment. Use of protective or decorative sleeves is permitted.

Section 6.211.040. Conflicts with other laws.

A. In the event the terms of this Chapter or the application to any ammunition vendor would cause a parking lot to not

comply with a provision of federal or state law or another provision of this Code, City staff shall apply this Chapter in a

manner to carry out the provisions of both federal and state law and the other provisions of this Code.

B. When there is an irreconcilable conflict between the provisions of this Chapter and the provisions of federal or state law

or other provisions of this Code, the provisions of federal and state law and the other provisions of this Code shall prevail

over the provisions of this Chapter, but only to the extent necessary to avoid a violation of those other laws or Code

provisions. If the Planning Division determines that the provisions of federal or state law or the other provisions of this

Code prevail over the provisions of this Chapter with respect to the location of an ammunition vendor on a particular lot or

parcel, the Planning Division shall provide the owner of that lot or parcel with such determination in writing within ten

calendar days of the date of his or her determination.

Section 6.211.050. Minor adjustments.

The Planning Division may approve minor modifications to the vehicle impact protection standards contained in this

Chapter to accommodate for the location of above ground or underground utilities or other existing or planned features of

the development, provided the modifications achieve the same protections as intended by this Chapter.

Section 6.211.060. Amortization period.

A business licensed under this Chapter and already operating prior to the implementation of this Chapter shall have the

vehicle impact protection devices installed on or before the end of the 12th month following the effective date of the

ordinance adopting this Chapter.

Section 6.211.070. Permit and processing fees.

The City Council may by Resolution establish the amount of any fees necessary to carry out the purposes of this Chapter.

San Carlos Municipal Code

Codified through Ordinance Number 1587, passed August 22, 2022.

Title 18 – Zoning

Article III – Regulations Applying to Some or All Districts

Chapter 18.23 – Standards for Specific Uses and Activities

Section 18.23.120. Home occupations.

E. Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

8. Firearms manufacture, sales, or repair;

San Clemente Code of Ordinances

Codified through Ordinance Number 1731, enacted July 28, 2022. (Supp. No. 57)

Title 17 – Zoning

Chapter 17.36 – Commercial Zones and Standards

Section 17.36.020. Commercial use regulations.

A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the

primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor

Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures.

The primary uses identified in Table 17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as

indicated:

P Where the symbol "P" appears, the use shall be permitted.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use

Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.

Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in

accordance with Section 17.16.060, Conditional Use Permits, of this title.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent

footnote.

B. Prohibited Uses. The following uses are prohibited:

1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted , "P" , or conditionally-

permitted , "MC" or "C"; and

2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or

conditionally-permitted uses.

3. Uses where a blank cell appears in Table 17.36.020.

Table 17.36.020 Commercial Zone Uses

Use

Zones

1. Commercial

NC 1.1

NC 1.2

NC 1.3

NC 2

NC 3

CC 1

CC 2

CC 3

CC 4

RMF 1

NOTE

Gunsmith/Gun Shops

Chapter 17.40 – Mixed-Use Zones and Standards

Section 17.40.030. Mixed-use regulations.

A. Permitted and Conditionally Permitted Uses.

1. General Requirements. The uses identified in Table 17.40.030, Mixed-Use Zone Uses, shall be the primary uses

allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas

and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The

primary uses identified in Table 17.40.030 shall be permitted or conditionally permitted, as indicated.

P Where the symbol "P" appears, the use shall be permitted.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use

Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in

accordance with Section 17.16.060, Conditional Use Permits, of this title. If the use is located in the -CB Overlay

District, it shall be reviewed for its appropriateness in pedestrian-oriented spaces in accordance with Section

17.56.030, Central Business District Overlay.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent

footnote.

B. Prohibited Uses. The following uses are prohibited:

1. Uses that are listed in Table 17.40,030 but that are not identified as either permitted , "P" , or conditionally-

permitted , "MC," "C," or "O"; and

2. Uses that are excluded from Table 17.40.030, unless they are found by the City to be similar to permitted or

conditionally-permitted uses.

3. Uses where a blank cell appears in Table 17.40.030.

Table 17.40.030 Mixed-Use Zone Uses

Use

Zones

1. Commercial Uses

MU 1

MU 2

MU 3.0

MU 3.1

MU 3.2

MU 3.3

MU 5

NOTE

Gunsmith/Gun Shops

San Diego County Code of Ordinances

Codified through Ordinance Number 10804 (N.S.), effective September 16, 2022.

Title 2 – Licenses, Business Regulations & Business Taxes*

Division 1 – Business Regulations*

Chapter 12 – Firearms Dealers*

Section 21.1202. Definitions.

For the purposes of this chapter the following definitions shall apply:

(a) "Firearm" means any device defined as a firearm in Penal Code § 16520.

(b) "Firearms dealer" means a person who meets the requirements of Penal Code § 26700 and to whom a license has

been issued pursuant to this chapter.

representative.

Section 21.1203 License required.

The licensing authority for firearm dealers in the unincorporated area of the County is the Sheriff. It shall be unlawful for

any person to sell, lease or transfer a firearm in the unincorporated area of the County without a license issued by the

Sheriff pursuant to Penal Code §§ 16130, 16400, 16550, 16810, 17110, 26700-26915 (inclusive). This section shall not

apply to a firearms transaction excluded under Penal Code §§ 16620, 16730 (a) & (c), 16960, 17310, 26500-26588

(inclusive). A person requesting a license under this chapter shall submit an application on a form provided by the

Sheriff. A firearms dealer's license is governed by §§ 21.101- 21.117 and any additional conditions in this chapter.

Section 21.1204. Minimum age for firearms dealer.

The minimum age to be a firearms dealer is 21.

Section 21.1205. Additional grounds for denial of license.

In addition to the grounds for denial of a license under § 21.108 the Sheriff may deny a firearms dealer's license if the

dealer fails to meet any requirement under Penal Code § 16130, 16400, 16550, 16810, 17110, 26700-26915 (inclusive) or

if the Sheriff determines the applicant:

(a) Is disqualified from owning or possessing a firearm under federal, State or County laws or regulations.

(b) Has within 5 years preceding the date of the application been convicted of any offense relating to the manufacture,

sale, possession, use or registration of any firearm or any "dangerous weapon" or "deadly weapon," as those terms are

defined under federal law, or the law of any state.

Section 21.1206. Clearance for firearms dealer employee.

(a) No person shall be employed as an employee of a firearms dealer without a written clearance from the Sheriff. An

employee of a firearms dealer is required to renew the written clearance from the Sheriff annually.

(b) A person seeking to be employed by a firearms dealer shall submit fingerprints and complete a form provided by the

Sheriff. A person requesting clearance under this section shall be subject to investigation under § 21.107. The Sheriff

may deny the clearance based upon any of the grounds in §§ 21.108 and 21.1205. The Sheriff shall issue or deny the

clearance in writing within 30 days after a completed request for clearance has been submitted. The Sheriff may suspend

or revoke a person's clearance under this section on any of the grounds for which a license or permit may be suspended

or revoked under § 21.112 or otherwise prohibited by law.

(c) It shall be unlawful for a firearms dealer to employ any person who does not have a current clearance from the Sheriff

to be a firearms dealer employee.

Section 21.1207. No Transactions at unauthorized Locations.

Except as provided in Penal Code §§ 16620, 17310, 26505-26588 (inclusive), a firearms dealer shall only conduct

firearms transactions at the location specified in the license.

Section 21.1208. Transaction records and inspection.

A firearms dealer shall maintain all firearms transaction records required by federal and State law and have them

available for inspection. During business hours, a firearms dealer shall allow any Sheriff's Department employee and any

peace officer to inspect firearms transaction records, firearms, firearm accessories and all places where transaction

records, firearms and firearm accessories are stored.

Section 21.1209. Compliance with requirement for secondhand goods dealers.

A firearms dealer licensed under this chapter who acquires a secondhand or used firearm for resale shall comply with §§

21.701-21.706 and State law requirements for acquisition and sales of secondhand goods.

Chapter 13 – Swap Meets*

Section 21.1308. Prohibited transactions and notice.

It shall be unlawful for any person to sell firearms, ammunition or explosives at a swap meet. The operator of a swap

meet shall post a notice in letters at least 1/16th of an inch high, in a conspicuous place, near each entrance to the swap

meet stating the following in the English language: "NOTICE. It is illegal to exchange, barter, trade or sell firearms,

ammunition or any explosives at a swap meet."

San Diego Code of Ordinances

Codified through Ordinance Number 10567 N.S., effective November 9, 2018.

Chapter 3 – Business Regulations, Business Taxes, Permits & Licenses

Article 3 – Police Regulated Business Regulations

Division 42 – Regulation of Firearm Dealers

Section 33.4201. Permit Required

(a) It is unlawful for any person to engage in business as a Firearm Dealer without a Firearm Dealer permit issued by the

Chief of Police.

(b) It is unlawful for any person to sell, deliver, or otherwise transfer any firearm in violation of state or federal law or

without the permit required by § 33.4201.

Section 33.4202. Definitions.

For the purpose of this Division, the following words mean:

“Chief of Police” means the Chief of Police or the Chief’s designated representative.

“Firearm” means any device designed to be used as a weapon, from which a projectile is expelled through a barrel by

the force of any explosion or other form of combustion. A “Firearm” includes any device defined as a firearm in California

Penal Code § 12002.

“Firearm Dealer” means any person who obtains a Federal Firearms Dealers License for the business of:

(a) Selling, transferring, or leasing any new or used Firearms at wholesale or retail; or

(b) advertising for sale, transfer, or lease any new or used Firearms at wholesale or retail; or

“Person” has the same meaning as that in San Diego Municipal Code section 11.0210.

Section 33.4203. Application for permit

(a) The Chief of Police shall prescribe the application form for a Firearm Dealer permit.

(b) Any person proposing to engage in business as a Firearm Dealer within the City of San Diego shall secure the

applicable federal license and shall have 30 calendar days after receipt of such federal license to apply for a City permit in

compliance with the provisions of this Division.

Section 33.4204. Issuance or denial of permit.

Except as otherwise provided in this Code, upon completion of the background investigation of the applicant, the Chief of

Police or designated representative shall issue the permit unless:

(a) The applicant has knowingly made false or misleading statements of a material fact or omitted a material fact in the

application; or

(b) The operation of the Firearm Dealer business as proposed in the application for the permit will violate any applicable

building, fire, health, or zoning requirement set forth in this Code; or

(d) The applicant has had a similar permit or license previously revoked or denied for good cause within year immediately

preceding the date of the filing of the application; or

(e) The applicant has not been licensed as a Firearm Dealer as required by federal law and the State of California; or

(f) The applicant, within 5 years immediately preceding the date of filing the application has been convicted in a court of

competent jurisdiction of any of the following offenses:

(1) Any offense involving the use of force or violence upon the person of another; or

(2) Any offense of theft, embezzlement, or receiving stolen property; or

(3) Any felony offense involving the sale, manufacture, possession, or use of any controlled substance as defined by

the California Health and Safety Code; or

(4) Any offense in another state which, if committed in this state, would have been punishable as one of the offenses

specified above and immediately preceding; or,

(g) The applicant is under indictment for, or has been convicted of, any violation of federal, state or local law relating to

the manufacture, sale, transfer, lease, registration, use, or possession of any firearm or ammunition, or

(h) The applicant fails to remove the authority of any officer, agent or employee to act on behalf of the applicant in the

Firearm Dealer business within 5 working days after applicant receives written notification by certified mail or personal

delivery from the Chief of Police, that:

(1) any officer, employee, or agent of the applicant, is under indictment for, or has been convicted of, any violation of

federal, state or local law relating to the manufacture, sale, transfer, lease, registration, use, or possession of any

firearm or ammunition; or

(2) any officer, employee, or agent of the applicant, is a person in a prohibited class described in § 12021 or §

12021.1 of the California Penal Code or § 8100 or § 8103 of the Welfare and Institutions Code; or

(i) The applicant is a person in a prohibited class described in § 12021 or § 12021.1 of the California Penal Code or §

8100 or § 8103 of the Welfare and Institutions Code; or

(j) The applicant has failed to provide evidence of a possessory interest, such as the interest of an owner, tenant, lessee

or sublessee, in the property where the proposed business will be conducted; or

(k) The applicant has failed to obtain a zoning use certificate required by this Code.

Section 33.4205. Permit renewal.

A valid Firearm Dealers permit issued pursuant to the provisions of this Code may be renewed annually only upon the

following terms and conditions:

(a) An application for renewal shall be completed and submitted to the Chief of Police of the City of San Diego 30 days

prior to the expiration of the existing permit, unless extended to a later date by the Chief of Police.; and

(b) If an application for renewal is not filed within the time specified by § 33.4205(a), the permit shall expire 1 year after

the date of its issuance or last renewal.

Section 33.4206. Right of inspection.

Firearm Dealers shall have their places of business open to Police Department inspection during all hours of operations.

Firearm Dealers shall maintain all Firearms records and documents, Firearms and storage places in a manner and place

accessible for inspection by Police Department personnel.

Section 33.4207. Permit not transferable.

A Firearm Dealer permit may be issued only to a specific person to conduct business as a dealer at a specific location and

at gun shows in accordance with California Penal Code § 12071. It is unlawful for any person to transfer a Firearm Dealer

permit to another person or from one location to another without prior written approval of the Chief of Police. Any

attempted transfer shall be ineffective.

Section 33.4208. Permit restricted to one location.

The Firearm Dealer business may be carried on only in the location designated in the permit. Only 1 Firearm Dealer

permit may be issued per location.

Section 33.4209. Display of permit required.

The Firearm Dealer permit or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it

can be easily read.

Section 33.4210. Business and security regulations

(a) All Firearm Dealers and officers, employees or agents of the Firearm Dealers, shall comply with all provisions of

California Penal Code § 12071, which include business regulations and the building specifications for Firearm security.

(b) All sellers of Firearms shall protect such Firearms from theft during business hours in the following manner:

(1) All Firearms shall be in locked cabinets, a secure rack, or a storage area so that access to Firearms is controlled

by the dealer or an employee, to the exclusion of all others.

(2) The Firearm Dealer, agent, or employee shall be present when a prospective buyer or seller is handling any

Firearm.

Section 33.4211. Revocation of permit.

In addition to the grounds enumerated in § 33.0401, the Chief of Police may revoke or suspend a Firearm Dealer’s permit

for cause if the Chief finds any of the following:

(a) The Firearm Dealer, or any officer, employee or agent of the Firearm Dealer, is not operating in full compliance with all

provisions of this Division; or

(b) The Firearm Dealer is convicted of any of the offenses enumerated in § 33.4204; or

Dealer within 5 working days after the Firearm Dealer receives written notification by certified mail or personal delivery

from the Chief of Police, that such officer, agent or employee has been convicted of any of the offenses enumerated in §

33.4204; or

(d) Any of the conditions listed on the permit are violated.

Section 33.4212. Provision of trigger locks

(a) It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any firearm without also providing with

the firearm a trigger locking or similar device approved by the Chief of Police. The trigger locking or similar device shall be

designed to prevent the unintentional discharge of the firearm.The trigger locking or similar device shall be attached to the

firearm prior to the completion of the sale, gift, lending or transfer transaction, and the firearm must leave the premises of

the firearms dealer with the trigger locking or similar device attached. If a trigger locking or similar device cannot be

attached because the firearm lacks a trigger guard, a lockable bag or box shall be used in lieu of a trigger locking or

similar device. Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger locking or

similar device by charging a price for the lock, either separately or as part of the price of the firearm.

(b) It is unlawful for any firearm dealer sell, give, lend or transfer ownership of any firearm, without providing with the

firearm printed material, approved by the Chief of Police, that advises the user of safe firearm storage practices.

(c) In connection with any sale, gift, loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving

the firearm a signed acknowledgment that a trigger locking or similar device required by § 33.4212(a) of this Municipal

Code, and the printed material required by § 33.4212(b), has been provided with the firearm. The acknowledgment shall

be in a form approved by the Chief of Police. The firearm dealer shall retain signed acknowledgments of receipt in the

same manner and to the same extent as required by State law for other firearm transaction records.

(d) A firearm dealer who has fully complied with the provisions of this section relating to trigger locking or similar devices

shall not be presumed to have made any representation to the transferee regarding the safety or appropriateness of the

use of the trigger locking or similar device, nor shall the firearm dealer be liable in any civil action brought against the

firearm dealer, to the extent such liability would be based solely upon the act of furnishing the trigger locking or similar

device to a person in compliance with this section.

(e) The requirements of § 33.4212 shall be in force and effect, and shall apply to all firearms dealers now or hereafter

licensed, 90 days after the date on which the Chief of Police sends written notice to currently–licensed firearms dealers of

the approved trigger locking or similar devices, printed safety material and form of acknowledgment.

(f) The provisions of this section shall not apply to temporary lending transaction in which the firearm does not leave the

premises of the firearms dealer.

(g) The requirements in §§ 33.4212(a),(b), and (c) shall not apply to firearms that are curios or relics, as defined by

federal law, Title 27 Code of Federal Regulations § 178.

(h) The requirements in §§ 33.4212(a), (b) and (c) shall not apply to firearms dealers when they are involved in private

party transfers conducted pursuant to California Penal Code section 12082.

Chapter 5 – Public Safety, Morals & Welfare

Article 3 – Firearms, Dangerous Weapons & Explosives & Hazardous Trades

Section 53.31. Assault weapons, nuisance, temporary custody.

(a) The term “assault weapon,” as used in this Section, shall include:

(1) Any semiautomatic action, center fire rifle or carbine which accepts a detachable magazine with a capacity of 20

rounds or more, with a barrel of more than 16 inches, including but not limited to the following firearms or their copies:

AR 15 semiautomatic assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram Mac–10 semiautomatic

assault carbines, Ingram Mac–11 semiautomatic assault carbines, Heckler and Koch 93 semiautomatic assault rifles,

Heckler and Koch 91 semiautomatic assault rifles, AK–47 semiautomatic assault rifles, AKM–47 semiautomatic

assault rifles, all Avtomat Kalashnikov weapons, M1–A semiautomatic assault rifles, M–14 semiautomatic assault

rifles, Thompson semiautomatic carbines and any other semiautomatic carbines manufactured by Auto Ordnance;

(2) Any shotgun with a barrel of more than 18 inches and a folding stock or magazine capacity of more than 6 rounds;

(3) Any weapon which may be readily restored to an operable assault weapon, as defined in paragraphs 1 and 2

above; and

(4) Any part, or combination of parts, designed or intended to convert a weapon into an assault weapon, as defined

above in paragraphs 1 and 2, or any combination of parts from which an assault weapon may be readily assembled, if

those parts are in the possession or under the control of the same person.

(b) As used in this Section, the term “semiautomatic” means a weapon which fires a single projectile for each single pull of

the trigger and which employs a magazine.

(1) Any of the above generally and specifically described weapons which is a “machine gun” as that term is defined by

§ 12200 of the Penal Code of the State of California; any pistol, revolver or other firearm which is capable of being

concealed upon one’s person, as defined and regulated by the provisions of §§ 12021 and 12025 of the Penal Code

of the State of California;

(2) Any of the following: weapons which do not use fixed ammunition, weapons which were manufactured prior to

1898, manually operated bolt action weapons, lever action weapons, slide action weapons, single–shot weapons.

multiple–barrel weapons, revolving cylinder weapons, semiautomatic weapons which use exclusively Mannlicher–

style clips, semiautomatic weapons manufactured prior to 1954, rim–fire weapons that employ a tubular magazine;

(3) Any assault weapon which is an antique or relic firearm or other weapon falling within the specifications of

paragraphs (5) (7) and (8) of Subsection (b) of § 12020 of the Penal Code of the State of California;

(4) Any short–barreled rifle or shotgun as defined in Subsection (c) of Penal Code § 12020; or

(5) Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it

a device no longer defined as an assault weapon.

(d) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police officer, as defined in subdivision (a) of §

830.1, a member of the University of California Police Department, as defined in subdivision (d) of § 830.2, and a member

of a California State University Police Department, as defined in subdivision (e) of § 830.2, during the performance of his

or her duties within the City of San Diego may take temporary custody of any assault weapon in plain sight or discovered

pursuant to a consensual search as necessary for the protection of the peace officer or other persons of the City of San

Diego.

(e) The provisions of subsection (d) shall not apply to assault weapons in the possession of any person specifically

authorized to possess concealed or loaded firearms within the City limits of San Diego pursuant to the Dangerous

Weapons’ Control Law, California Penal Code § 1200 et seq.

(f) Upon taking custody of an assault weapon, the officer shall give the owner or person who possessed the assault

weapon a receipt. The receipt shall describe the assault weapon and list any identification or serial number on the assault

weapon. The receipt shall indicate where the firearm can be recovered and the date after which the owner or possessor

can recover the assault weapon. No assault weapon shall be held less than 48 hours. If an assault weapon is not retained

for use as evidence related to criminal charges or is not retained because it was illegally possessed, the assault weapon

shall be made available to the owner or person who was in lawful possession 48 hours after the seizure or as soon

thereafter as possible, but no later than 72 hours after the seizure.

(g) Any assault weapon which has been taken into custody which has been stolen shall be restored to the lawful owner,

as soon as its use for evidence has been served, upon his or her identification of the firearm and proof of ownership.

(h) Any assault weapon taken into custody and held by a police, university police, or sheriff’s department or by a

marshal’s office, for longer than 12 months and not recovered by the owner or person who has lawful possession at the

time it was taken into custody, shall be considered a nuisance and sold or destroyed as provided in subdivision (c) of §

12028.

San Dimas Municipal Code

Codified through Ordinance Number 1292 and the January 2022 code supplement.

Title 9 – Public Peace, Morals and Welfare

VIII – Weapons

Chapter 9.52 – Minors and Weapons

Section 9.52.010. Weapons – Sale, gift prohibited.

Except as otherwise provided in this chapter and Chapters 9.48 and 9.56, no person shall sell, give, lend or in any way

furnish, or cause or permit to be sold, given, lent or in any way furnished, to any person under the age of eighteen years,

any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device designed or intended to discharge or

capable of discharging any dangerous missile.

Section 9.52.020. Ammunition – Sale, gift prohibited.

Except as otherwise provided in this chapter and Chapter 9.48 and 9.56, no person shall sell, give, lend or in any way

furnish, or cause or permit to be sold, given, lent or in any way furnished, to any person under the age of eighteen years,

any cartridge, shell, ammunition or device containing any explosive substance, designed or intended to be used in or fired

from any gun, revolver, pistol or firearm.

Section 9.52.030. Weapons – Use, custody prohibited.

Except as otherwise provided in this chapter and Chapters 9.48 and 9.56, no person under the age of eighteen years shall

fire, discharge, shoot or operate, or assist or participate in the firing, discharging, shooting or operating, or have in his

possession, care, custody or control, any gun, revolver, pistol, firearm, spring gun, air gun, sling, slingshot or device

designed or intended to discharge or capable of discharging any dangerous missile or any cartridge, shell, ammunition or

device containing any explosive substance, designed or intended to be used in or fired from any gun, revolver, pistol or

firearm.

Section 9.52.040. Exemptions.

Nothing in this chapter or Chapters 9.48 or 9.56 shall be deemed or construed to prohibit the selling, giving, lending or

furnishing to any person under the age of eighteen years, upon the written consent of the parent or guardian of such

person, any article mentioned in Sections 9.52.010 and 9.52.020; nor to prohibit any such person under the age of

eighteen years from having in his possession, care, custody or control any article mentioned in Section 9.52.030, in the

event that such possession, care, custody or control of such article is had with the consent of the parent or guardian of

such person and is under the direct supervision and control of some adult person; nor to prohibit any such person under

the age of eighteen years from firing, discharging, shooting or operating any article mentioned in Section 9.52.030 when

such person is accompanied by, and under the direct care and control of some adult person and is engaged in hunting

any wild game or predatory bird or animal which may be lawfully hunted and killed in the city, or is lawfully engaged in

shooting at any inanimate target or trapshooting device while accompanied by, and under the direct care and control of

some such adult person.

San Fernando Code of Ordinances

Codified through Ordinance Number 1705, adopted February 7, 2022. (Supplement Number 36)

Chapter 50 – Offenses and Miscellaneous Provisions

Article VI – Weapons

Section 50-257. Sale to minors.

(a) No person shall sell, exchange, give or loan to any person under 18 years of age any slingshot; any snap-blade or

spring-blade knife; any gun, revolver, pistol or firearm of any description; any spring gun or airgun or other device

designed or intended to discharge any pellets, BB shot or other deadly or dangerous missile; or any ammunition,

cartridge, shell or other device, whether containing any explosive substance or not, designed or intended for use in any

weapons enumerated in this subsection.

(b) This section shall not be construed to prohibit any person from selling, exchanging, giving or loaning to any such minor

any of the weapons described in subsection 50-256(a) or the ammunition or projectile therefor, where such person

receives and keeps on file written permission to do so from one of the parents or legal guardian of such minor on the form

and in the manner prescribed in this subsection for the purpose of enabling the minor to engage in shooting or discharging

weapons as provided in subsection 50-256(a) or for the purpose of engaging in legitimate sport or recreation outside the

city. The written permission referred to in this subsection shall be on a form prescribed by the chief of police, and the form

shall be filled in and executed by one of the parents or the legal guardian of such minor and such minor at the police

department in the presence of a police officer.

Section 50-258. Possession by minors.

(a) No person under 18 years of age shall have in his possession, care, custody or control any article or thing mentioned

in section 50-257.

(b) This section shall not be construed to apply to a minor under the age of 18 years where such minor has in his

possession the written permission therefor from one of such minor's parents or such minor's legal guardian on the form

prescribed in section 50-257 when engaged in shooting or discharging weapons as provided in subsection 50-256(a) or

when traveling to and from any of the places mentioned in subsections 50-256(c)(1), (2) and (3) or when engaged in

legitimate sport or recreation outside the city.

Section 50-259. Sale of firearm ammunition.

(a) For the purpose of this section, the term "firearm ammunition" shall include any ammunition for use in pistols,

revolvers, rifles, shotguns, automatic weapons, or any other device designed to be used as a weapon from which a

projectile is expelled by the force of an explosion or some other form of combustion.

(b) Except as provided in subsections (c) and (d) of this section, no person, including retail gun dealers, shall sell, give,

lend or transfer ownership or offer for sale any firearm ammunition during the seven calendar days preceding and

including July 4 and January 1 of each calendar year.

(c) Nothing in this section shall prohibit the sale or transfer of ownership of firearm ammunition by a wholesale gun dealer

to another wholesale gun dealer or to a retail gun dealer or of ammunition requested which meets the parameters of

Penal Code § 12324 relating to disarmed ammunition.

(d) Nothing in this section shall prohibit sale to, purchase by or acquisition of firearm ammunition to any person exempted

from such restrictions by state law as such persons are described in Penal Code § 12302 or 12322.

(e) This section shall have no application to the prohibitions on the sale of firearm ammunition established by Penal Code

§ 12301 et seq. and 12320 et seq. or any other prohibitions established by the state statutes.

(f) Any person found in violation of this section shall be guilty of a misdemeanor offense.

Section 50-260. Security requirements for firearms dealers.

(a) As used in this section, the term "licensee" has the same meaning as used in Penal Code § 12071(a)(1), as

amended.

(b) Any time the licensee is not open for business, the licensee shall store all firearms kept in the licensed place of

business 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 licensee's business premises.

(c) The chief of police or the chief's designee shall have the authority to enter, at any time of the day or night with 24-hour

notification, any licensed place of business, on an annual basis or as otherwise determined to be necessary by the chief

of police, to inspect the licensee's premises for compliance with the requirements set forth in this section and for

compliance with all other federal and state licensing requirements.

Chapter 66 – Secondhand Goods

Article IV – Swap Meets

Section 66-142. Prohibited sales, trades, exchanges or bartering.

No person at any swap meet, whether he is the operator or an exhibitor or any other person or entity, shall sell, exchange,

display, offer for sale or exchange or barter at any swap meet any of the following items of personal property:

(2) Any handgun, rifle, shotgun or other type of firearm by whatever name, or any deadly weapon.

San Francisco Police Code

Codified through Ordinance Number 178-22, File No. 220678, approved August 4, 2022, effective September 4, 2022.

Article 9 – Miscellaneous Conduct Regulations

Section 613. Regulating sale of firearms.

It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leasing or otherwise

transferring any firearm, firearms ammunition, or firearms ammunition component to sell, lease or otherwise transfer any

firearm, firearms ammunition or firearms ammunition component without first having obtained a license from the San

Francisco Police Department. The Department shall make available application forms requiring applicants to provide the

information set forth in § 613.2, and shall collect a nonrefundable application fee from each applicant.

The Chief of Police shall recommend to the Board of Supervisors, on or before April 1, 1994, a fee which shall be

sufficient to recover all costs associated with regulating the sale of firearms under this Article, including but not limited to,

processing applications, monitoring licensees, and enforcing the provisions of this Article. The fee shall be set by the

Board of Supervisors.

Section 613.1. Definitions.

(a)"Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon that expels a

projectile by the force of an explosion or other form of combustion.

(b) "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellent or

explosive charge, and a primer which is used in the operation of a firearm.

or explosive material used in the manufacture of ammunition.

(d) "Firearm capable of being concealed upon the person" shall mean any such firearm as defined in California Penal

Code § 12001(a).

(e) "Transfer" shall include, but shall not be limited to, the redemption of a pawned or pledged firearm by any individual

including the individual who pawned or pledged the firearm.

(f) "Ultracompact firearm" shall mean any pistol, revolver, handgun or other firearm that is 6.75 inches or less in length

or 4.5 inches or less in height, measured with the magazine detached, but shall not include any such firearm that is an

unsafe handgun defined by § 12126 of the California Penal Code.

Section 613.2. Application form and background check requirements.

(a) The application for a license to engage in the business of selling, leasing or otherwise transferring any firearm,

firearms ammunition, or firearms ammunition component shall be signed under penalty of perjury and shall set forth:

(1) The name, age and address of the applicant, as well as the name, age and address of all persons who will have

access to or control of workplace firearms, firearm ammunition, or firearm ammunition components, including but not

limited to, the applicant's employees, agents and or supervisors, if any;

(2) The address of the location for which the license is required, together with the business name of such location, if

any;

(3) All convictions of the applicant for any of the offenses listed in § 613.3(e);

(4) All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from

other jurisdictions, including, but not limited to date of application and whether each such application resulted in

issuance of a license;

(5) All information relating to revocations of licenses or permits relating to firearms, including but not limited to date

and circumstances of revocation;

(6) Applicant's agreement to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from

and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the

applicant's negligence or intentional or wilful misconduct;

(7) Applicant's understanding that the City shall have the right to enter the building designated in the license from time

to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with

building, mechanical, fire, electrical, plumbing, or health regulations, provisions of this Article, and all other applicable

federal, state, and local laws.

(b) Each application must be accompanied by evidence that the applicant has satisfied the insurance requirements stated

in § 613.13 of this Article.

(c) All persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or

firearm ammunition components shall obtain a certificate of eligibility under Penal Code § 12071 from the state

Department of Justice. A copy of the certificate of eligibility for each such person shall be submitted with the application.

(d) The Chief of Police shall conduct a criminal history background check on the applicant and on all other persons listed

on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition

components, including but not limited to, the applicant's employees, agents and/or supervisors, if any, and shall determine

whether such persons have been convicted of any offenses described in subsection (e) of § 613.3, or are among the

persons described in subsections (f) or (g) of § 613.3. Where the Chief of Police determines that 1 or more of the

applicants, employees, agents or supervisors have been convicted of an offense described in subsection (e) of § 613.3, or

are among the persons described in subsections (f) or (g) of § 613.3, the applicant shall have 21 days from the mailing of

written notification from the Chief of Police to provide evidence in a form acceptable to the Chief of Police that such

persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm

ammunition, or firearm ammunition components. In the event that an applicant fails to comply with this subsection, the

Chief of Police shall deny the license.

(e) As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any

officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm

ammunition, or firearm ammunition components.

Section 613.3. Denial of license.

The Chief of Police shall deny the issuance or renewal of a license when any of the following conditions exist:

(a) The applicant is under the age of 21 years.

(b) The applicant is not licensed as required by all applicable federal, State and local laws.

preceding 2 years.

(d) The applicant has made a false or misleading statement of a material fact, or omission of a material fact, in the

application for a license. If a license is denied on this ground, the applicant shall be prohibited from reapplying for a

license for a period of 2 years.

(e) The applicant has been convicted of:

(1) Any offense so as to disqualify the applicant from owning or possessing a firearm under applicable federal, State,

and local laws, including but not limited to the offenses listed in California Penal Code § 12021;

(2) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or

deadly weapon;

(3) Any offense involving the use of force or violence upon the person of another;

(4) Any offense involving theft, fraud, dishonesty, or deceit, including but not limited to any of the offenses listed in

Title 7 (Crimes Against Public Justice) and title 13, Chapters 4 (Forgery and Counterfeiting), 5 (Larceny), 6

(Embezzlement), 7 (Extortion), 8 (False Personation), 13 and 14 (Fraud) of the California Penal Code;

(5) Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the

California Health and Safety Code as said definition now reads or may hereafter be amended to read.

(f) The applicant is within the classes of persons defined in California Welfare and Institutions Code §§ 8100 or 8103.

(g) The applicant is (1) currently, or has been within the past 2 years, an unlawful user of any controlled substance as

defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read; or

(2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms.

(h) The operation of the business as proposed would not comply with all applicable federal, State, and local laws.

(i) The applicant, or an officer, employee, or agent thereof, proposes to operate in the following locations:

(1) Within any RH, RM, RC, NC or RED zoning district, or within 1,000 feet of the exterior limits of any such district;

(2) Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary,

junior high or high school whether public or private;

(3) On or within 1,500 feet of the exterior limits of any other premises used as a place of business by a dealer in

firearms;

(4) Within 1,000 feet of a community center, church, neighborhood center, recreational center, whether public or

private, where regularly scheduled activities are conducted for people under 18 years of age.

(j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot provide evidence of a possessory

interest in the property at which the proposed business will be conducted.

(k) Any other ground for denial exists under any applicable provision of federal, State or local law.

(l) The applicant fails to comply with the requirements of subsections (c) or (d) of § 613.2.

As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer,

director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or

firearm ammunition components.

Section 613.4. Referral of application to other departments.

Upon receiving an application that is not rejected for one of the reasons stated in § 613.3, the Police Department shall

refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department, which

departments shall inspect the premises to be used for the sale of concealable firearms and shall report to the Police

Department concerning compliance with the codes they administer, and compliance with this Article.

Section 613.5. Public hearing before issuance of license.

When an application is filed for a license under this Article, and the application is not denied for one of the reasons stated

in § 613.3, the Police Department shall fix a time and place for a public hearing regarding the application. Not less than 10

days before the date of such hearing, the Police Department shall cause to be posted a notice of such hearing in a

conspicuous place on the property in which the proposed business is to be operated and the applicant shall maintain said

notice as posted until the day following the hearing.

Section 613.6. Form of license.

All licenses issued pursuant to this Article shall be in the form prescribed by the Attorney General of the State of

California.

Section 613.7. Duration and renewal of licenses.

All licenses issued pursuant to this Article shall expire 1 year after the date of issuance; provided, however, that such

licenses may be renewed by the Chief of Police for additional periods of 1 year upon the approval of an application for

renewal by the Chief of Police and payment of the renewal fee. Such renewal application shall set forth the information

listed in § 613.2 and must be received by the Chief of Police, in completed form, no later than 45 days prior to the

expiration of the current license.

Section 613.8. Nonassignability of license.

The assignment or attempt to assign any license issued pursuant to this Article is unlawful and any such assignment or

attempt to assign a license shall render the license null and void.

Section 613.9. Security.

In order to discourage the theft of firearms stored on the premises of a firearms dealer, each business licensed under this

Article must adhere to security measures as required by the Chief of Police. Security measures shall include but not be

limited to:

(a) Provision of secure locks, windows and doors, adequate lighting, and alarms as specified by the Chief of Police;

(b) Storage of all firearms on the premises out of the reach of customers in secure, locked facilities, so that access to

firearms shall be controlled by the dealer or employees of the dealer, to the exclusion of all others.

Section 613.9.5. Findings.

1. "Enhanced-lethality ammunition" means the ammunition that licensees may not sell, lease or otherwise transfer

under Police Code Sec. 613.10(g).

Section 613.10. License, conditions.

In addition to all other requirements and conditions stated in Sections 613-619, each license shall be subject to all of the

following conditions, the breach of any of which shall be sufficient cause for revocation of the license by the Chief of

Police:

(a) The business shall be carried on only in the building located at the street address shown on the license, except as

otherwise authorized under § 12071(b)(1) of the California Penal Code.

(b) The licensee shall comply with §§ 12073, 12074, 12076, 12077 and 12082 of the California Penal Code, to the extent

that the provisions remain in effect.

(c) The licensee shall not deliver any pistol or revolver to a purchaser earlier than 10 days after the application for the

purchase, lease or transfer, unless otherwise provided by State or federal law.

(d) The licensee shall not deliver any firearm to a purchaser, lessee or other transferee unless the firearm is unloaded and

securely wrapped or unloaded in a locked container.

(e) The licensee shall not deliver any firearm, firearm ammunition, or firearm ammunition component to a purchaser,

lessee or other transferee unless the purchaser, lessee or other transferee presents clear evidence of his or her identity

and age to the seller. As used in this Section, "clear evidence of his or her identity and age" includes, but is not limited to,

a motor vehicle operator's license, a State identification card, an armed forces identification card, an employment

identification card which contains the bearer's signature and photograph, or any similar documentation which provides the

seller reasonable assurance of the identity and age of the purchaser.

(f) The licensee shall not display in any part of the premises where it can be readily seen from outside the premises, any

firearm, firearm ammunition or imitation thereof, or placard advertising the sale or other transfer thereof, other than a sign

identifying the name of the business.

(g) The licensee shall not sell, lease or otherwise transfer to any person any ammunition that:

(1) Serves no sporting purpose;

(2) Is designed to expand upon impact and utilize the jacket, shot or materials embedded within the jacket or shot to

project or disperse barbs or other objects that are intended to increase the damage to a human body or other target

(including, but not limited to, Winchester Black Talon, Speer Gold Dot, Federal Hydra-Shok, Hornady XTP, Eldorado

Starfire, Hollow Point Ammunition and Remington Golden Sabre ammunition; or

(3) Is designed to fragment upon impact (including, but not limited to, Black Rhino bullets and Glaser Safety Slugs).

This subsection does not apply to conventional hollow-point ammunition with a solid lead core when the purchase is made

for official law enforcement purposes and the purchaser is authorized to make such a purchase by the director of a public

law enforcement agency such as the Chief of the San Francisco Police Department or the Sheriff of the City and County

of San Francisco.

(h) The licensee shall post within the licensee's premises a notice stating the following:

"THE CALIFORNIA PENAL CODE PROHIBITS THE SALE OF FIREARMS OR FIREARMS AMMUNITION TO

PERSONS UNDER THE AGE OF 18, AND FURTHER GENERALLY PROHIBITS THE SALE OF A PISTOL, REVOLVER,

OR FIREARM CAPABLE OF BEING CONCEALED UPON THE PERSON TO ANY PERSON UNDER THE AGE OF 21."

The posted notice shall be in a conspicuous location, shall be in 36 point type block letters in black ink on a white

background, and shall be located so that the notice can easily and clearly be seen by all prospective purchasers of

firearms and firearm ammunition.

(i) The licensee shall not sell, lease or otherwise transfer any ultracompact firearm except as authorized by § 613.10-2 or

any 50 caliber firearm or 50 caliber cartridge except as authorized by § 613.10-1.

(j) Any license issued pursuant to this Article shall be subject to such additional conditions as the Chief of Police finds are

reasonably related to the purpose of this Article.

(k) The licensee shall comply with the requirements of § 613.10-3 and shall, in addition, post the appropriate notice or

notices, as specified below, in a conspicuous location at the entrance of the licensee's premises (or at the entrance to the

separate room or, enclosure pursuant to § 613.10-3(c)). Such notice shall be in 36 point type block letters in black ink on a

white background.

(1) Licensees that sell, lease or otherwise transfer firearms, other than firearms capable of being concealed on the

person, shall post a notice at the entrance to the premises (or at the entrance to the separate room or enclosure

pursuant to § 613.10-3(c)) stating the following:

"THE SAN FRANCISCO POLICE CODE REQUIRES THAT FIREARMS DEALERS PROHIBIT ENTRY BY PERSONS

UNDER AGE 18, AND FURTHER PROHIBITS ENTRY BY (1) PERSONS CONVICTED OF A VIOLENT OFFENSE

WHO ARE PROHIBITED FROM POSSESSING FIREARMS PURSUANT TO CALIFORNIA PENAL CODE

SECTIONS 12021 OR 12021.1; AND (2) PERSONS WHO ARE CURRENTLY PROHIBITED FROM POSSESSING

FIREARMS BECAUSE THEY HAVE BEEN ADJUDICATED AS MENTALLY DISORDERED, NOT GUILTY BY

REASON OF INSANITY OR INCOMPETENT TO STAND TRIAL."

(2) Licensees that sell, lease or otherwise transfer firearms capable of being concealed on the person shall post a

notice at the entrance to the premises (or at the entrance to the separate room or enclosure containing such firearms

pursuant to § 613.10-3(c)) stating the following:

"THE SAN FRANCISCO POLICE CODE REQUIRES THAT FIREARMS DEALERS PROHIBIT ENTRY BY PERSONS

UNDER AGE 21, AND FURTHER PROHIBITS ENTRY BY (1) PERSONS CONVICTED OF A VIOLENT OFFENSE

WHO ARE PROHIBITED FROM POSSESSING FIREARMS PURSUANT TO CALIFORNIA PENAL CODE

SECTIONS 12021 OR 12021.1; AND (2) PERSONS WHO ARE CURRENTLY PROHIBITED FROM POSSESSING

FIREARMS BECAUSE THEY HAVE BEEN ADJUDICATED AS MENTALLY DISORDERED, NOT GUILTY BY

REASON OF INSANITY OR INCOMPETENT TO STAND TRIAL."

(3) Licensees that sell, lease or otherwise transfer firearms capable of being concealed on the person, but who keep

such firearms in a separate room or enclosure in accordance with § 613.10-3(c) shall post the notice required by

paragraph (1) at the entrance to the premises or separate room or enclosure containing firearms that are not capable

of being concealed on the person, and shall post the notice required by paragraph (2) at the entrance to the separate

room or enclosure containing firearms capable of being concealed on the person.

(l) The licensee shall notify the Chief of Police of the name, age and address of, and submit a certificate of eligibility under

Penal Code § 12071 from the State Department of Justice for, any person not listed on the licensee's application under §

613.2(a)(1) who will be given access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition

components. The licensee shall submit the required information and certificate within 10 days of such person being

employed or otherwise being given access to, or control over workplace firearms, firearm ammunition, or firearm

ammunition components.

(m) Within the first 5 business days of April and October of each year, licensees shall cause a physical inventory to be

taken that includes a listing of each firearm held by the licensee by make, model, and serial number, together with a listing

of each firearm the licensee has sold since the last inventory period. In addition, the inventory shall include a listing of

each firearm lost or stolen that is required to be reported pursuant to Penal Code § 12071(b)(13). Licensees shall

maintain a copy of the inventory on the premises for which the license was issued. Immediately upon completion of the

inventory, licensees shall forward a copy of the inventory to the address specified by the Chief of Police, by such means

as specified by the Chief of Police. With each copy of the inventory, licensees shall include an affidavit signed by the

licensee (or, if the licensee is not a natural person, by an officer, general manager, or other principal of the licensee)

stating under penalty of perjury that within the first 5 business days of that April or October, as the case may be, the

signer personally confirmed the presence of the firearms reported on the inventory.

(n) At or prior to the time of delivering a firearm, licensees shall provide the person buying, leasing, or receiving the loan

of the firearm with a copy of a notice, to be prepared by the Chief of Police, advising the reader of local firearms laws,

including safe gun storage requirements and the requirement to report a lost or stolen firearm. The notice may also

include summary information on relevant State firearms laws, including the requirement that the sale, loan or other

transfer of a firearm to a non-licensed person be completed through a licensed firearms dealer.

(o) Licensee shall ensure that its business location is monitored by a video surveillance system that meets the following

requirements:

(1) The system shall include cameras, monitors, digital video recorders, and cabling, if necessary to meet any of the

other requirements listed below.

(2) The number and location of the cameras are subject to the approval of the Chief of Police or his or her designee.

The cameras shall be sufficient in number and location to monitor all places where firearms or ammunition are stored,

handled, sold, transferred, or carried, including, but not limited to, counters, safes, vaults, cabinets, shelves, cases,

and entryways. The video surveillance system shall operate continuously, without interruption, whenever the licensee

is open for business. Whenever the licensee is not open for business, the system shall be triggered by a motion

detector and begin recording immediately upon detection of any motion within the monitored area.

(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) When recording, the video surveillance system shall record continuously and store color images of the monitored

area at a frequency of not less than 15 frames per second. The system shall produce retrievable and identifiable

images and video recordings on media approved by the Chief of Police or his or her designee that can be enlarged

through projection or other means, and can be made a permanent record for use in a criminal investigation. The

system shall be capable of delineating on playback the activity and physical features of persons or areas where guns

and ammunition are stored and handled within the premises.

(5) The stored images shall be maintained on the business premises of the licensee tor a period not less than 1 year

from the date of recordation and shall be made available to federal, state, or local law enforcement agencies upon

service of a search warrant. Law enforcement agencies may only use images thus obtained tor legitimate law

enforcement purposes.

(6) The video surveillance system shall be maintained in proper working order at all times. If the system becomes

inoperable, it must be repaired or replaced within 15 calendar days. The licensee shall inspect the system at least

weekly to ensure that it is operational and images are being recorded and retained as required. The licensee shall

notify the Chief of Police or his or her designee that the system has become inoperable as soon as practicable after

discovering inoperability. The licensee shall allow the Chief of Police or his or her designee to inspect the system to

ensure operability.

(7) The licensee 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.

Section 613.10-1. Sale or transfer of 50 caliber firearms and cartridges restricted.

(1) As used in this section, the term "50 caliber firearm" shall mean any firearm, as defined in § 613.1 of this Article,

capable of firing a center-fire 50 caliber cartridge.

(2) As used in this section, the term "50 caliber cartridge" shall mean a firearm ammunition cartridge in 50 caliber,

either by designation or actual measurement, or any metric equivalent, including but not limited to a .50 BMG

cartridge, that is capable of being fired from a centerfire rifle or a handgun. The term "50 caliber cartridge" does not

include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise

permanently altered in a manner that prevents ready modification for use as live ammunition.

(3) As used in this section, the term "rifle" shall mean any firearm that is designed or redesigned, made or remade,

and intended to be fired from the shoulder, and which is designed or redesigned, made or remade to use the energy

in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term "rifle"

shall not include any shotgun.

(4) As used in this section, the term "handgun" shall mean any firearm with a barrel less than 16 inches in length. The

term "handgun" shall include any pistol, revolver, or concealable firearm as such terms are defined in the California

Penal Code.

(d) Sale or Transfer of 50 Caliber Firearms and Cartridges Restricted. No person shall sell, give, transfer, offer for sale or

display for sale any 50 caliber firearm or 50 caliber cartridge except as authorized by paragraph (e) of this Section.

(e) Exceptions.

(1) The provisions of Subsection (d) of this Section shall not apply to:

(A) the sale or other transfer of a 50 caliber firearm or 50 caliber cartridge which is prohibited under state law,

including, but not limited to, the sale or transfer of any assault weapon as defined in the California Penal Code;

(B) the sale or other transfer of a 50 caliber firearm which is an antique firearm, as defined in paragraph (16) of

subsection (a) of § 921 of Title 18 of the United States Code;

to a person licensed pursuant to California Penal Code § 12071, for purposes of service or repair, or to the return

of the firearm to its owner by the gunsmith or the licensee following the completion of service or repairs;

(D) the return of a 50 caliber firearm to its owner by a person licensed pursuant to this Article where the firearm

was initially delivered to the licensee for the purpose of a consignment sale or as collateral for a pawnbroker loan;

(E) the offer for sale or display in any periodical, solicitation by mail or use of the internet of a 50 caliber firearm or

50 caliber cartridge by any person or entity where the seller or offer or is located outside of the City and County of

San Francisco.

(F) the loan of an unloaded 50 caliber firearm to a person for use solely as a prop in a motion picture, television,

video, theatrical or other entertainment production or event, provided that such person is in compliance with §

12081 of the California Penal Code.

(2) The provisions of Subsection (d) of this Section shall not apply to the sale or other transfer of a 50 caliber firearm

or 50 caliber cartridge where the purchaser or transferee is any of the following:

(A) A law enforcement agency;

(B) An agency duly authorized to perform law enforcement duties;

(D) A federal law enforcement officer, provided such law enforcement officer is authorized to acquire a 50 caliber

firearm and/or 50 caliber cartridges and does so while acting within the course and scope of his or her

employment:

(E) A person described in §§ 12302 or 12322(a) of the California Penal Code; provided such person is authorized

to acquire a 50 caliber firearm and/or 50 caliber cartridges and does so while acting within the course and scope

of his or her employment;

(F) A person who is properly identified as a full-time paid peace officer as defined in §§ 830.1, 830.2, 830.4, or

830.5 of the California Penal Code, provided such peace officer is authorized to acquire a 50 caliber firearm

and/or 50 caliber cartridge and does so while acting within the course and scope of his or her employment;

(G) A firearms dealer who has been issued a Federal Firearms License, and who is in compliance with the

requirements of § 12071 of the California Penal Code,

(H) A person or entity conducting a transaction described in subdivision (k) of § 12078 of the California Penal

Code:

(I) A person acquiring a 50 caliber firearm or 50 caliber cartridge by bequest or intestate succession, or otherwise

by operation of law, provided that such firearms or cartridges are transferred to a law enforcement agency or to a

person licensed pursuant to California Penal Code § 12071 within 12 months from the date that the person

obtains title;

(J) A non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being

transferred;

(K) A federal, state, or local historical society, museum, or institutional collection that is open to the public;

provided that the 50 caliber firearm is used for display purposes, is unloaded, and is secured from unauthorized

uses.

(f) Penalties.

(1) Violation of this Section shall be punishable as a misdemeanor. In addition, in the case of a violation of this section

by a firearms dealer licensed under this Article, each violation of this Section shall constitute grounds for suspension

or revocation of the licensee's firearms dealer license.

(2) Each transaction in violation of this Section shall be deemed a distinct and separate violation.

(g) Sunset Provision. If the State of California enacts legislation prohibiting or restricting the sale or transfer of 50 caliber

rifles, 50 caliber handguns, or 50 caliber cartridges covered by this section, the requirements of this Section shall be

suspended as of the date such legislation goes into effect with respect to any requirements of this Section that apply to

the firearms or cartridges prohibited or restricted by state law. If the State of California subsequently repeals any such

legislation, the suspension shall expire by operation of law and the previously suspended provisions shall become

operative.

Section 613.10-2. Sale of ultracompact firearms restricted.

transfer any ultracompact firearm except as authorized by paragraph (d) of this Section. Nothing in this section shall

preclude any person licensed pursuant to this Article from processing firearms transactions between unlicensed parties

pursuant to subdivision (d) of § 12072 of the Penal Code of the State of California.

(d) Exceptions. The requirements of this Section shall not apply to the sale, lease or other transfer of an ultracompact

firearm in the following circumstances:

(1) To any law enforcement agency;

(2) To any agency duly authorized to perform law enforcement duties;

(3) To any state or local correctional facility;

(4) To a federal law enforcement officer, provided such law enforcement officer is authorized to acquire an

ultracompact firearm and does so while acting within the course and scope of his or her employment;

(5) To a private security company licensed to do business in the State of California;

(6) To a person described in §§ 12302 or 12322(a) of the California Penal Code, provided such person is authorized

to acquire an ultracompact firearm and does so while acting within the course and scope of his or her employment;

(7) To any person who is properly identified as a full-time paid peace officer, as defined in §§ 830.1, 830.2, 830.4, or

830.5 of the California Penal Code, provided such peace officer is authorized to acquire an ultracompact firearm and

does so while acting within the course and scope of his or her employment.

(8) To the sale, lease or other transfer of any antique firearm, as defined in paragraph (16) of subsection (a) of § 921

of Title 18 of the United States Code.

(9) To the loan of an ultracompact firearm to a person for use solely as a prop in a motion picture, television, or video,

theatrical or other entertainment production or event, provided that such person is in compliance with § 12081 of the

California Penal Code;

(10) To any person or entity conducting a transaction that is exempt from the provisions of subdivision (d) of § 12072

of the California Penal Code;

(11) To any person or entity conducting a transaction described in subdivision (k) of § 12078 of the California Penal

Code;

(12) To a firearms dealer who has been issued a Federal Firearms License, and who is in compliance with the

requirements of § 12071 of the California Penal Code;

(13) To any person or entity acquiring an ultracompact firearm by bequest, intestate succession or otherwise by

operation of law;

(14) To a non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being

transferred

(15) To a federal, state, or local historical society, museum, or institutional collection that is open to the public,

provided that the ultracompact firearm is used for display purposes, is unloaded, and is secured from unauthorized

use;

(16) To the delivery of an ultracompact firearm to a licensed gunsmith, as defined in California Penal Code § 12001(r),

or to a person licensed pursuant to California Penal Code § 12071, for purposes of service or repair, or to the return of

the firearm to its owner by the gunsmith or by licensee following the completion of service or repairs;

(17) To the return of an ultracompact firearm to its owner by a person licensed pursuant to this Article where the

firearm was initially delivered to the licensee for the purpose of a consignment sale or as collateral for a pawnbroker

loan.

(e) Penalties.

(1) Violation of this section shall be punishable as a misdemeanor. In addition, each violation of this Section shall

constitute grounds for suspension or revocation of the licensee's firearms dealer license under this Article.

(2) Each transaction in violation of this Section shall be deemed a distinct and separate violation.

Section 613.10-3. Persons prohibited from purchasing firearms not permitted on licensees’ premises.

(a) No person who is prohibited from possessing or purchasing firearms pursuant to California Penal Code §§ 12021 or

12021.1 or Subsections (a), (b), (c) or (d) of California Welfare and Institutions Code § 8103 shall enter into any place of

business that is licensed pursuant to this Article to engage in the business of selling, leasing or otherwise transferring

firearms and which displays the notices required by § 613.10(k), except in accordance with paragraph (c) of this Section.

(b)

(1) No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms shall permit the entry onto

the premises that are the subject of the license by any person who the licensee knows or has reason to know is

prohibited from possessing or purchasing firearms pursuant to California Penal Code §§ 12021 or 12021.1, or

Subsections (a), (b), (c) or (d), of California Welfare and Institutions Code § 8103, except in accordance with

paragraph (c) of this Section.

(2) No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms shall permit the entry onto

the premises that are the subject of the license by any person under 18 years of age except in accordance with

paragraph (c) of this section. No person licensed pursuant to this Article to sell, lease or otherwise transfer firearms

and who keeps or displays for sale, lease or other transfer firearms capable of being concealed on the person shall

permit the entry onto the premises that are the subject of the license by any person under 21 years of age, except in

accordance with paragraph (c) of this section.

(3) The licensee and any of his or her agents, employees or other persons acting under the licensee's authority shall

be responsible for requiring clear evidence of age and identity of persons to prevent the entry of persons not permitted

to purchase a firearm under state law by reason of age. Clear evidence of age and identity includes, but is not limited

to, a motor vehicle operator's license, a State identification card, an armed forces identification card, or an

employment identification card which contains the bearer's signature, photograph, and age, or any similar

documentation which provides reasonable assurance of the identity and age of the individual.

(1) It shall not be a violation of this section for any person who is otherwise prohibited pursuant to subsection (a) from

entering or being present on the premises to enter or be present on the premises if the firearms and related

accessories (including, but not limited to, ammunition, ammunition clips and holsters) are kept or displayed within a

separate room or enclosure that separates such firearms and related accessories from other merchandise, and such

persons are excluded from the separate room or enclosure.

(2) It shall not be a violation of this section for any person who the licensee is otherwise required to keep from

entering or being present on the premises pursuant to subsection (b) to enter or be present on the premises if the

firearms and related accessories (including, but not limited to ammunition, ammunition clips and holsters) are kept or

displayed within a separate room or enclosure that separates such firearms and related accessories from other

merchandise, and such persons are excluded from the separate room or enclosure. Where a licensee keeps or

displays weapons capable of being concealed on the person in a separate roam or enclosure that separates such

firearms and related accessories, (including, but not limited to, ammunition, ammunition clips and holsters) from other

merchandise (including other firearms), it shall not be a violation of this section for persons at least 18 years old but

less than 21 years old to enter or be present on the premises if such persons are excluded from the separate room or

enclosure containing firearms capable of being concealed on the person.

(d) Penalty for violation.

(1) Any person who is prohibited from possessing or purchasing firearms pursuant to California Penal Code §§ 12021

or 12021.1 or Subsections (a), (b), (c) or (d) of California Welfare and Institutions Code § 8103 and who knowingly

enters into any place of business that is licensed pursuant to this Article to engage in the business of selling, leasing

or otherwise transferring firearms in violation of subsection (a) shall be guilty of a misdemeanor.

(2) Any licensee or other person acting under the authority of a licensee, including, but not limited to, employees or

agents of a licensee, who knowingly allows a person to enter the licensee's premises in violation of this section shall

be guilty of a misdemeanor.

Section 613.11. License – Grounds for revocation.

In addition to any other provisions of this Article, any circumstances constituting grounds for denial of a license shall also

constitute grounds for revocation of a license.

Section 613.12. Hearing on license denial or revocation.

(a) Any person whose application for a license under this Article has been denied, or whose license has been revoked

pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police or his or her designee

prior to final denial or prior to revocation.

(b) The Chief of Police shall give the applicant or licensee written notice of the intent to deny the application or to revoke

the license. The notice shall set forth the ground or grounds for the Chief of Police's intent to deny the application or to

revoke the license, and shall inform the applicant or licensee that he or she has 10 days from the date of mailing of the

notice to file a written request for a hearing. The application may be denied or the license revoked if a written hearing

request is not received within the 10-day period.

(c) If the applicant or licensee files a timely hearing request, the Chief of Police shall set a time and place for the hearing.

All parties involved shall have the right to (1) offer testimonial, documentary and tangible evidence bearing on the issues;

(2) be represented by counsel; and (3) confront and cross examine any witnesses against them. If the hearing is before a

designee of the Chief of Police, the designee shall make a written recommendation following the hearing regarding

whether an application should be denied or a license revoked. The decision of the Chief of Police whether to deny the

application or revoke the license shall be appealable to the Board of Appeals, at which proceeding the Chief shall have

the burden of proof to justify his decision.

Section 613.13. License – Liability insurance.

No license shall be issued or reissued pursuant to this Article unless there is in full force and effect a policy of insurance in

such form as the City Attorney and the City's Risk Manager deem proper, executed by an insurance company approved

by the City's Risk Manager, whereby the applicant or licensee is insured against liability for damage to property and for

injury to or death of any person as a result of the sale, transfer or lease, or advertising for sale, transfer or lease, or

offering or exposing for sale, transfer or lease, of any firearm, firearm ammunition or firearm ammunition component. The

minimum liability limits shall not be less than $1,000,000 for damage to or destruction of property in any one incident, and

$1,000,000 for the death or injury to any 1 person; provided, however, that additional amounts may be required by the

City Attorney or City's Risk Manager if deemed necessary to protect the interests of the City and its residents.

Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing

has been given to the City, address in care of the Chief of Police, 850 Bryant Street, San Francisco, California, 94103, at

30 days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name

the City, its officers, agents, and employees as additional insureds.

In addition, applicants and licensees shall agree in writing that they shall indemnity, defend, and hold harmless the City,

its officers, agents, and employees, from claims arising out of the negligence or the intentional or wilful misconduct of the

applicant or licensee.

Section 613.14. License – Authority to inspect.

Any and all investigating officials of the City shall have the right to enter the building designated in the license from time to

time during regular business hours to make reasonable inspections and to observe and enforce compliance with building,

mechanical, fire, electrical, plumbing, or health regulations, and provisions of this Article. A police investigator may

conduct compliance inspections to insure conformance with all federal, state, and local laws, and all provisions of this

Article.

Section 613.15. Compliance by existing dealers.

Any person engaging in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or

offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component on the

effective date of this Article, or any amendments thereto, shall have a period of 60 days after such effective date to

comply with the provisions of this Article, or any amendments thereto.

In addition, any person who possesses as of February 1, 1994, a permit or license issued by the San Francisco Police

Department to engage in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or

offering or exposing for sale, transfer, or lease, any firearm, firearm ammunition, or firearm ammunition component, shall

not be required to comply with the requirements of § 613.3(i)(1), (2) and (3) of this Article.

Section 613.16. Temporary suspension of license.

(a) If the Chief of Police has reason to believe that a licensee has (1) violated any federal, state or local law relating to the

sale, lease, transfer, use or possession of firearms, firearm ammunition or firearms ammunition components, or (2) has

committed any of the offenses set forth in § 613.3(e), the Chief of Police may immediately suspend for a period not to

exceed 3 days the right of the licensee to sell, lease or otherwise transfer firearms, firearm ammunition or firearm

ammunition components.

However, if the licensee is charged by a federal, state, or local prosecuting attorney with a violation of any such law the

Chief of Police may suspend such license until the charges are dismissed or the licensee is found not guilty in a court of

law. If the Chief of Police suspends a license pursuant to this provision, the licensee shall be provided an opportunity to

present evidence to the Chief or his or her designee that the pending charges are without legal merit. The Chief's decision

regarding whether to suspend a license pending the outcome of such charges shall be appealable to the Board of

Appeals, at which proceeding the Chief shall have the burden of proof to justify his decision.

(b) Notice of suspension shall be mailed to the person(s) who applied for the license and shall be delivered to the address

listed on the license.

Section 613.17. Delivery to tax collector.

Upon granting said license, the Police Department shall forward said license to the Tax Collector who shall issue said

license to the applicant upon payment of the license fee, payable in advance.

Section 613.18. Rules and regulations.

The Chief of Police is hereby authorized to promulgate such rules and regulations after noticed hearing as will enable the

Police Department to effectuate the purposes of this ordinance. Failure to comply with such rules and regulations, or with

any other requirements imposed by this ordinance, shall constitute grounds for revocation of licenses issued hereunder.

Section 613.19. Penalties.

Any person violating any provision of this Article shall be guilty of a misdemeanor or an infraction unless a penalty is

otherwise specified. The complaint charging such violation shall specify whether the violation is a misdemeanor or

infraction, which decision shall be that of the District Attorney. If charged as an infraction, upon conviction, the violator

shall be punished by a fine of not more than $100 for each provision violated. If charged as a misdemeanor, upon

conviction, the violator shall be punished by a fine of not less than $500 or more than $1,000 for each provision violated or

by imprisonment in the County Jail for a period of not more than 6 months, or by both such fine and imprisonment. In any

accusatory pleading charging a violation of this Section, if the defendant has been previously convicted of a violation of

this Section, each such previous violation and conviction shall be charged in the accusatory pleading. Any person

violating any provision of this Section a second or subsequent time within a 10-year period shall be guilty of a

misdemeanor and shall be punished by a fine of not less than $500 and not more than $1,000 for each provision violated,

or by imprisonment in the County Jail for a period of not more than 6 months, or by both such fine and imprisonment.

Section 613.20. Severability.

If any section, subsection, paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of

the City and County of San Francisco, either on its face or as applied, the invalidity of such provision shall not affect the

other sections, subsections, paragraphs, sentences, or words of this Article, and the application thereof; and to that end

the section, subsections, paragraphs, sentences and words of this Article shall be deemed severable.

Section 614. Exceptions.

Sections 613 to 613.20 inclusive, of this Article, shall not apply to wholesale dealers in their business intercourse with

retail dealers, nor to wholesale or retail dealers in the regular or ordinary transport of unloaded firearms as merchandise to

other wholesale or retail dealers by mail, express or other mode of shipment to points outside the City and County of San

Francisco.

Section 615. Records of ammunition sales.

(a) Definitions. As used in this Section 615, these terms shall have the following meanings:

(1) "Firearm ammunition" shall include any ammunition for use in any pistol or revolver, or semiautomatic rifle or

assault weapon, but shall not include ammunition for shotguns that contains shot that is Number 4 or smaller.

(2) "Semiautomatic rifle" shall mean any repeating rifle which utilizes a portion of the energy of a firing cartridge to

extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire

each cartridge.

(3) "Assault weapon" shall mean any of the weapons designated in California Penal Code § 12276 or 12276.1.

(4) "Vendor" shall mean any person located in the City and County of San Francisco who is engaged in the sale of

firearm ammunition, including any retail firearms dealer.

(5) "Remote Vendor" shall mean any person engaged in the sale of firearm ammunition, including any retail firearms

dealer, who is located outside the City and County of San Francisco but delivers or causes to be delivered firearm

ammunition to an address within the City and County of San Francisco.

(b) No Vendor or Remote Vendor engaging in a transaction for delivery to an address in the City and County of San

Francisco shall sell or otherwise transfer ownership of any firearm ammunition without at the time of purchase recording

the following information on a form to be prescribed by the Chief of Police:

(1) the name of the Vendor or Remote Vendor (including the name of the specific individual) transferring ownership to

the transferee;

(2) the place where the transfer occurred; in the case of a Remote Vendor, the place of transfer shall be the origin of

the shipment;

(3) the date and time of the transfer; a Remote Vendor shall record the date and time of the shipment;

(4) the name, address and date of birth of the transferee;

(5) the transferee's driver's license number, or other identification number, and the state in which it was issued;

(6) the brand, type and amount of ammunition transferred; and

(7) the transferee's signature and thumbprint.

within the City and County of San Francisco or the firearm ammunition is ordered for delivery to an address within the City

and County of San Francisco, shall be subject to the reporting requirement of this subsection (c). On a weekly basis, the

Vendor or Remote Vendor shall report the transactions for the previous week to the Chief of Police or his or her designee

by electronic mail or by such other means specified by the Chief of Police or his or her designee. The report shall contain

the same information required under subsection (b) for each transaction.

(d) No Vendor or Remote Vendor shall knowingly make a false entry in, or fail to make a required entry in, records

prepared in accordance with subsection (b). No Vendor or Remote Vendor shall fail to submit the report required under

subsection (c) in a timely manner, or knowingly include false information in such report. A Vendor or Remote Vendor must

maintain the records required under subsection (b) on the premises for a period of not less than 2 years from the date of

the recorded transfer. Said records shall be subject to inspection by the Police Department at any time during normal

business hours.

(e) Penalties.

(1) First Conviction. Any person violating any provision of this Section shall be guilty of an infraction. Upon conviction

of the infraction, the violator shall be punished by a fine of not less than $50 nor more than $100.

(2) Subsequent Convictions. In any accusatory pleading charging a violation of this Section, if the defendant has been

previously convicted of a violation of this Section, each such previous violation and conviction shall be charged in the

accusatory pleading. Any person violating any provision of this Section a second time within a 90-day period shall be

guilty of a misdemeanor and shall be punished by a fine of not less than $300 and not more than $400 for each

provision violated, or by imprisonment in the County Jail for a period of not more than 6 months, or by both such fine

and imprisonment. Any person violating any provision of this Section, a third time, and each subsequent time, within a

30-day period shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400 and not more

than $500 for each provision violated, or by imprisonment in the County Jail for a period of not more than 6 months, or

by both such fine and imprisonment.

(f) Severability. If any subsection, sentence, clause, phrase, or word of this Section be for any reason declared

unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or

the effectiveness of the remaining portions of this Section or any part thereof. The Board of Supervisors hereby declares

that it would have adopted this Section notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or

more of its subsections, sentences, clauses, phrases, or words.

Section 616. Reporting the loss or theft of firearms.

(a) Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such firearm to the San

Francisco Police Department within 48 hours of becoming aware of the theft or loss whenever

(1) the owner resides in San Francisco, or

(2) the theft or loss of the firearm occurs in San Francisco.

(b) The failure of an owner or person in possession of a firearm to report the theft or loss of the firearms within 48 hours of

when the owner or person in possession becomes aware or should have become aware of the theft or loss shall be

punishable in accordance with § 613.19.

manner shall create a rebuttable presumption that the owner or person remains in possession of the firearm.

Section 617. Prohibition against possession or sale of firearms or ammunition on property controlled by the City

and County of San Francisco.

Definitions.

(1) City and County Property.

(a) As used in this section, the term "City property" means real property, including any buildings thereon, owned

or leased by the City and County of San Francisco (hereinafter "City"), and in the City's possession or in the

possession of a public or private entity under contract with the City to perform a public purpose including but not

limited to the following property: recreational and park property including but not limited to Golden Gate Park, the

San Francisco zoo, Hilltop Park and San Francisco's parks and playgrounds, plazas including but not limited to

United Nations Plaza and Hallidie Plaza, community centers such as Ella Hill Hutch Community Center, and

property of the Department of Recreations and Parks, the Port, and the Public Utilities Commission.

(b)

The term "City property" does not include any "local public building" as defined in Penal Code § 171b(c),

where the state regulates possession of firearms pursuant to Penal Code § 171b.

Francisco including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards,

courts, lanes, roads, sidewalks, streets, and ways within the City or any property owned by the City that is outside

the territorial limits of the City and County of San Francisco.

(2) Firearms. As used in this section the term "firearm" is any gun, pistol, revolver, rifle or any device, designed or

modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or

other form of combustion. "Firearm" does not include imitation firearms or BB guns and air rifles as defined in

Government Code § 53071.5.

(3) Ammunition. "Ammunition" is any ammunition as defined in California Penal Code § 12316(b)(2).

Possession or Sale of Firearms or Ammunition on County Property Prohibited. No person shall:

(1) Bring onto or possess on county property a firearm, loaded or unloaded, or ammunition for a firearm.

(2) Sell on county property a firearm, loaded or unloaded, or ammunition for a firearm.

D. Exceptions, Ban on Possession. Section C.(1)1 above shall not apply to the following:

(1) peace officer, retired peace officer or person assisting a peace officer when authorized to carry a concealed

weapon under Penal Code § 12027(a) or a loaded firearm under Penal Code § 12031(b)(1) and under 18 U.S.C.

926B or 926C.

(2) Members of the armed forces when on duty or other organizations when authorized to carry a concealed weapon

under Penal Code § 12027(c) or a loaded firearm under Penal Code § 12031(b)(4).

(3) Military or civil organizations carrying unloaded weapons while parading or when going to and from their

organizational meetings when authorized to carry a concealed weapon under Penal Code § 12027(d).

(4) Guards or messengers of common carriers, banks and other financial institutions when authorized to carry a

concealed weapon under Penal Code § 12027(e) and armored vehicle guards when authorized to carry a loaded

weapon under Penal Code § 12031(b)(7).

(5) Persons who are at a target range.

(6) Honorably retired Federal officers or agents of Federal law enforcement agencies when authorized to carry a

concealed weapon under Penal Code § 12027(i) or a loaded weapon under Penal Code § 12031(b)(8).

(7) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its

obligation under State Law.

(8) Patrol special police officers, animal control officers or zookeepers, and harbor police officers, when authorized to

carry a loaded firearm under Penal Code § 12031(c).

(9) A guard or messenger of a common carrier, bank or other financial institution; a guard of a contract carrier

operating an armored vehicle; a licensed private investigator, patrol operator or alarm company operator; a uniformed

security guard or night watch person employed by a public agency; a uniformed security guard or uniformed alarm

agent; a uniformed employee of private patrol operator or private investigator when any of the above are authorized to

carry a loaded firearm under Penal Code § 12031(d).

(10) Any authorized participant in a motion picture, television or video production or entertainment event when the

participant lawfully uses a firearm as part of that production or event.

E. Exception, Ban on Sale. Section C.(2)

above shall not apply to the following:

(1) Purchase or sale of a firearm or ammunition for a firearm by a federal, state or local law enforcement agency or by

any other Federal, State or local governmental entity.

(2) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its

obligation under state law.

(3) Sale of ammunition at a target range for use at the target range.

F. Penalty for Violation. Any person who violates any of the provisions of this § 617(c)

shall be deemed guilty of a

misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail

not to exceed 6 months, or by both.

G. Severability. If any provision, clause or word of this Section or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be

given effect without the invalid provision, clause or word, and to this end the provisions of this chapter are declared to be

severable.

Codification Notes

As enacted by Ord. 194-07, this section includes two divisions designated "C.," both of which have subdivisions

designated "(1)" and "(2)." The first division "C." includes definitions; the second includes prohibitions relating to sales and

possession.

As enacted by Ord. 194-07, the second and third paragraphs of this division are undesignated. The codifier added the

designations "(b)" and "(c)."

So in Ord. 194-07.

Section 618. Prohibited Ammunition

(a) Definition. For purposes of this Section, "Prohibited Ammunition" shall mean:

(1) Ammunition sold under the brand name "Winchester Black Talon," or that has physical properties resulting in

ballistics performance identical to ammunition presently or formerly sold under the brand name Winchester Black

Talon; or,

(2) Ammunition designated by its manufacturer for purchase by law enforcement or military agencies only, unless

other ammunition is available to the general public that has physical properties resulting in ballistics performance

identical to such ammunition.

(b) Possession Prohibited; Exceptions. No person, firm, corporation or other entity may possess Prohibited Ammunition

within the City and County of San Francisco, except that this subsection shall not apply to the otherwise-lawful possession

of Prohibited Ammunition by the following:

(1) Peace officers in possession of Prohibited Ammunition issued to them by their employing agency;

(2) Federal law enforcement officers or other federal employees in possession of Prohibited Ammunition issued to

them by their employing agency;

(3) Members of the armed forces of the United States in possession of Prohibited Ammunition issued to them by the

military agency to which they belong;

(4) Patrol special police officers, animal control officers or zookeepers, harbor police officers, sheriff's security officers,

or police security officers in possession of Prohibited Ammunition issued to them by their employing agencies; or,

(5) Businesses licensed as firearms dealers under this Article in possession of Prohibited Ammunition for sale to law

enforcement and military agencies. Agencies employing persons listed in subsection (b)(4) are considered law

enforcement agencies for purposes of this Section.

Prohibited Ammunition except to law enforcement and military agencies.

(d) Police Database. The San Francisco Police Department shall prepare or cause to be prepared a public database of

brands and product lines of ammunition meeting the definition of "Prohibited Ammunition" in subsection (a). Failure of the

Police Department to create or maintain such a database, or the omission from the database of a particular brand or

product line of ammunition otherwise qualifying as "Prohibited Ammunition," under subsection (a), shall not be a defense

to or otherwise excuse a violation of this Section.

(e) Penalty. Violation of any of the provisions of this Section is a misdemeanor and upon conviction the violator may be

punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed 6 months, or by both.

(f) Severability. If any provision, clause or word of this § 618 or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect any other provision, clause, word or application of this Section which can be

given effect without the invalid provision, clause or word, and to this end the provisions of this Section are declared to be

severable.

Article 35 – Firearm Strict Liability Act

Section 3501. Definitions.

(a) "Firearm" shall have the same meaning as in San Francisco Police Code § 613.1(a).

(b) "Dealer" means any person engaged in the business of selling firearms at wholesale or retail and specifically includes

pawnbrokers who take or receive firearms as security for the payment or repayment of money.

(c) "Importer" means any person engaged in the business of importing or bringing firearms into the United States for sale

or distribution.

(d) "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or

distribution.

(e) "Law enforcement agency" means a federal, state or local law enforcement agency, state militia or an agency of the

United States government.

(f) "Law enforcement official" means any officer or agent of an agency defined in paragraph (e) of this section who is

authorized to use a firearm in the course of his or her work.

(g) "Internal personalized safety feature" means any internal locking device or other mechanical or electrical device

integral to the frame of the firearm that prevents any unauthorized use of the firearm. Such mechanical or electrical

devices can include but are not limited to devices that use computer microchips, radio signals or user fingerprints as a

means to "recognize" an authorized user. A trigger lock or other external device shall not be considered an internal

personalized safety feature.

Section 3502. Imposition of strict liability.

(a) Each manufacturer, importer and/or dealer of a firearm shall be held strictly liable in tort, without regard to fault or proof

of defect, for all direct and consequential damages arising from bodily injury or death where the bodily injury or death

results from the discharge within the jurisdiction of the City and County of San Francisco of any firearm manufactured,

imported, distributed, sold, leased or otherwise transferred by the manufacturer, importer and/or dealer, except that no

liability shall be imposed pursuant to this subsection for a discharge that occurs prior to the effective date of this section.

(b) Exemptions and Limitations.

(1) No action may be commenced pursuant to this section by any person who is injured or killed by the discharge of a

firearm while such person is committing or attempting to commit a crime (whether or not such crime is actually

charged), or while such person is attempting to evade arrest by a law enforcement official. This exemption shall be in

the nature of an affirmative defense, and shall be proven by a preponderance of the evidence.

(2) No action may be commenced pursuant to this section by any person injured or killed by the discharge of a firearm

by a law enforcement official.

(3) This section shall not limit in scope any cause of action, other than that provided by this section, available to a

person injured by or killed by a firearm.

(4) Nothing in this section shall prevent a manufacturer, importer or dealer from seeking whole or partial indemnity or

contribution for any liability incurred under this section from any third party wholly or partially responsible for the injury

or death.

(5) No action may be commenced pursuant to this section by any person for a self-inflicted injury.

(6) No action may be commenced pursuant to this section where the firearm was equipped with an internal

personalized safety feature at that time of its first retail sale.

(7) If any manufacturer, importer or dealer has purchased and has in effect at the time of the injury an insurance

policy that covers any and all damages, including but not limited to bodily injury or death, resulting from the discharge

of the specific firearm involved in the incident, the liability imposed under this section as to that manufacturer, importer

or dealer shall not exceed the total amount of coverage available under said policy provided that the total coverage

available under the policy shall not be less than $100,000 per incident.

(8) No action may be commenced pursuant to this section where the firearm involved is either (a) a shotgun without a

magazine or having a fixed magazine of 4 or less rounds or (b) a rifle without a magazine or having a fixed magazine

of 4 or less rounds.

Section 3503. Saving clause; Invalidity of part of article not to affect remainder.

If any section, subsection, sentence, clause or phrase of this Article is for any reason held to be unconstitutional, or

invalid, such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby

declares that it would have passed this Article and each section, subsection, sentence, clause and phrase thereof,

irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared

unconstitutional.

Article 36A – Sale, Manufacture, and Distribution of Firearms and Ammunition; Possession of Handguns

Section 3600A. Statement of findings and text of ordinance prohibiting the sale, manufacture and distribution of

firearms and ammunition in the city and county of San Francisco and limiting the possession of handguns in the

city and county of San Francisco.

Section 2. Ban on Sale, Manufacture, Transfer or Distribution of Firearms in the City and County of San Francisco

Within the limits of the City and County of San Francisco, the sale, distribution, transfer and manufacture of all firearms

and ammunition shall be prohibited.

Section 3. Limiting Handgun Possession in the City and County of San Francisco

Within the limits of the City and County of San Francisco, no resident of the City and County of San Francisco shall

possess any handgun unless required for professional purposes, as enumerated herein. Specifically, any City, state or

federal employee carrying out the functions of his or her government employment, including but not limited to peace

officers as defined by California Penal Code Section 830 et. seq. and animal control officers may possess a handgun.

Active members of the United States armed forces or the National Guard and security guards, regularly employed and

compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and

preserving property or life within the scope of his or her employment, may also possess handguns. Within 90 days from

the effective date of this Section, any resident of the City and County of San Francisco may surrender his or her handgun

at any district station of the San Francisco Police Department, or to the San Francisco Sheriff's Department without

penalty under this section.

Section 4. Effective Date

This ordinance shall become effective January 1, 2006.

Section 5. Penalties

Within 90 days of the effective date of this Section, the Board of Supervisors shall enact penalties for violations of this

ordinance. The Mayor, after consultation with the District Attorney, Sheriff and Chief of Police shall, within 30 days from

the effective date, provide recommendations about penalties to the Board.

Section 6. State Law

Nothing in this ordinance is designed to duplicate or conflict with California State Law. Accordingly, any person currently

denied the privilege of possessing a handgun under state law shall not be covered by this ordinance, but shall be covered

by the California state law which denies that privilege. Nothing in this ordinance shall be construed to create or require

any local license or registration for any firearm, or create an additional class of citizens who must seek licensing or

registration.

Section 7. Severability

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or

unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications or this ordinance

which can be given effect without the invalid or unconstitutional provision or application. To this end, the provisions of this

ordinance shall be deemed severable.

Section 3601A. Penalty for sale, distribution, transfer, and manufacture of firearms and ammunition or

possession of handguns within city and county of San Francisco.

(b) Any person who shall violate the provisions of Police Code Section 3600A that prohibit the sale, distribution, transfer

and manufacture of all firearms and ammunition within the limits of the City and County of San Francisco or that prohibit

the possession of any handgun within the limits of the City and County of San Francisco shall be guilty of a misdemeanor

and upon conviction shall be punished by a fine not to exceed $1,000 and by imprisonment in the County Jail not to

exceed six months, or by both.

and County of San Francisco in violation of the provisions of Police Code Section 3600A is hereby declared to be a

nuisance, and shall be surrendered to the Police Department of the City and County of San Francisco. The Chief of Police

is authorized to seize such firearms, ammunition and handguns and shall destroy or cause to be destroyed such firearms,

ammunition and handguns, except upon the certificate of a judge of a court of record, or of the District Attorney that the

preservation thereof is necessary or proper to the ends of justice.

(d) This Section shall be enforced to the full extent of the authority of the City and County of San Francisco. If any

subsection, sentence, clause, phrase, or word of this Section or the application thereof to any person or circumstances is

held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this

Section which can be given effect without the invalid or unconstitutional provision or application. To this end, the

provisions of this section shall be deemed severable.

Article 36B – Storage of Firearms in Motor Vehicles

Section 3601B. Definitions.

"Firearm" means a Firearm as defined in California Penal Code section 12001, as amended from time to time.

"Lock box" means a container that is listed on the California Department of Justice Bureau of Firearms roster of approved

firearm safety devices.

"Motor Vehicle" means a vehicle as defined in California Vehicle Code section 415, as amended from time to time.

"Trunk" means a fully enclosed compartment that is separate from the main cabin of the Motor Vehicle.

"Unattended" means that a person aged 18 or over is not present in the Motor Vehicle.

Section 3602B. Storage of firearms in motor vehicles.

(a) No person may place, store, or leave a Firearm in an unattended Motor Vehicle unless the Firearm is stored:

(1) in a locked Trunk of a Motor Vehicle, provided that the automatic Trunk release in the main cabin of the Motor

Vehicle is disabled; or

(2) in a Lock Box that is permanently affixed to the Trunk of a Motor Vehicle, provided that the Lock Box is locked; or

(3) for Motor Vehicles with four or more wheels and lacking a Trunk, in a Lock Box that is permanently affixed to the

Motor Vehicle and underneath a seat, or covered, or otherwise outside the view of the public, provided that the Lock

Box is locked; or

(4) for Motor Vehicles with fewer than four wheels, in a Lock Box that is permanently affixed to the Motor Vehicle,

provided that the Lock Box is locked.

(b) Notwithstanding subsections (a)(1), (a)(2), (a)(3), and (a)(4) no person may place, store, or leave a Firearm overnight

in an unattended Motor Vehicle.

(d) This Article 36B is intended to apply to all Motor Vehicles within the City and County of San Francisco.

Notwithstanding the foregoing sentence, nothing in this Article 36B shall apply to on-duty peace officers employed by

jurisdictions other than the City and County of San Francisco or to federal officers or military personnel who are acting

within the scope of their authority and discharging their official duties. Any peace officer employed by City and County of

San Francisco is exempt from the requirements of this Article provided that the officer's employing department has a

policy regulating the storage of firearms for both on and off duty conduct by the officer.

Section 3603B. Penalty.

Every violation of Section 3602B shall constitute a misdemeanor and shall be punishable by a fine not to exceed $10,000

or by imprisonment in the county jail not to exceed six months, or by both.

Section 3604B. Promotion of general welfare.

In enacting and implementing Article 36B, the City is assuming an undertaking only to promote the general welfare. It is

not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money

damages to any person who claims that such breach proximately caused injury.

Section 3605B. Severability.

It is the intention of the City and County of San Francisco that all persons within San Francisco be subject to Article 36B

while in San Francisco. This Article or portion thereof shall not apply to anyone subject to the criminal prosecution under

state law for the same conduct. If a court determines that this Article or any portion thereof may not be applied to a

particular class of persons, it is the intention of the City and County of San Francisco that applicability of the Article or

portion thereof to those persons shall be severed from the remainder of this Article or other portions thereof, which shall

continue to apply to other persons.

Article 45 – Firearms and Weapons Violence Prevention Ordinance

Section 4501. Definitions.

The following words and phrases, whenever used in this Article, shall be construed as defined in this Section:

(a) "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon that expels a

projectile by the force of an explosion or other form of combustion.

(b) "Projectile weapon" means any device or instrument used as a weapon which launches or propels a projectile by

means other than the force of an explosion or other form of combustion with sufficient force to cause injury to persons or

property. A projectile weapon shall include, but not be limited to, air gun, air pistol, air rifle, gas operated gun, BB gun,

pellet gun, flare gun, dart gun, …wrist rocket, blow gun, paint gun, or other similar device or instrument.

Section 4507 Firearms and projectile weapons; possession of by minors.

(a) It shall be unlawful for any person under the age of 18 to have in his or her possession within the City and County of

San Francisco any firearm or projectile weapon, as defined in § 4501. Violation of this provision shall be punishable in the

manner provided in § 4503.

(b) It shall be unlawful for any parent or legal guardian, or any person over the age of 18 years, to sell, give or otherwise

transfer to any minor in the City and County of San Francisco under the age of 18 years, or to allow such minor to

possess, any firearm or projectile weapon, as defined in § 4501. Violation of this provision shall be punishable in the

manner provided in § 4503.

(c) Any firearm or projectile weapon, which is in possession of a minor in violation of this Article, is hereby declared to be

a nuisance, and shall be surrendered to the Police Department of the City and County of San Francisco and disposed of

in accordance with the provisions of § 4505 above.

Section 4508. Severability.

This Article shall be enforced to the full extent of the authority of the City and County of San Francisco. If any subsection,

sentence, clause, phrase, or word of this Article should be for any reason declared unconstitutional or invalid or ineffective

by any court of competent jurisdiction, that decision shall not affect the validity or the effectiveness of the remaining

portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have adopted this

Article notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections,

sentences, clauses, phrases, or words.

Section 4511. Findings.

7.a.The locking requirements apply only to handguns that are not being carried. Gun owners and adults over 18 may carry

loaded and unlocked handguns in the home at any time. The safe storage requirements also permit owners who wish to

do so to store their handguns fully loaded.

Section 4512. Firearms located in any residence to be kept in a locked container or disabled with a trigger lock.

(a) Prohibition. No person shall keep a firearm within any residence unless the firearm is stored in a locked container or

disabled with a trigger lock.

(b) Definitions. As used in this § 4512, the following terms have the following meaning:

"Firearm" means a Firearm as defined in California Penal Code, § 16520, as amended from time to time.

"Locked container" means a locked container as defined in California Penal Code, § 16850, as amended from time to

time and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

"Residence" means any structure intended or used for human habitation, including but not limited to houses,

condominiums, rooms, in-law units, motels, hotels, SRO's, time shares, and recreational and other vehicles where human

habitation occurs.

"Trigger lock" means a trigger lock that is listed on the California Department of Justice's roster of approved firearms

safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of

the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device

under Penal Code § 23635.

(1) The firearm is carried on the person of an individual in accordance with all applicable laws.

(2) The firearm is under the control of a person who is a peace officer under Penal Code § 830 et seq.

(d) Lost or Stolen Firearms. In order to encourage reports to law enforcement agencies of lost or stolen firearms pursuant

to Police Code § 616, a person who files a report with a law enforcement agency notifying the agency that a firearm has

been lost or stolen shall not be subject to prosecution for violation of § 4512(a) above.

(e) Penalty. Every violation of this § 4512 shall constitute a misdemeanor and upon conviction shall be punished by a fine

not to exceed $1,000 or by imprisonment in the county jail not to exceed 6 months, or by both.

(f) Severability. If any provision, clause or word of this chapter or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect any other provision, clause, word or application of this § 4512 which can be

given effect without the invalid provision, clause or word, and to this end the provisions of this Section are declared to be

severable.

San Jacinto County Municipal Code

Codified through Ordinance Number 21-03, passed April 6, 2021.

Title 5 – Business Licenses and Regulations

Chapter 5.24 – Garage Sales

Section 5.24.060. Inspection.

All personal property offered for sale shall be arranged so that fire and life safety, police and other officials may have

access for inspection at all times during the sale.

It is unlawful to offer for sale, firearms, pornographic material or other like items.

San Joaquin County Code of Ordinances

Codified through Ordinance Number 4594, passed February 15, 2022. (Supp. No. 73, Update 2)

Title 7 – Business Regulations

Division 1 – Business Licenses

Chapter 5 – Retail Sales of Concealable Firearms

Section 7-1250. License required.

Before any person shall engage in the County in the business of retail selling of pistols, revolvers, and other firearms

capable of being concealed upon the person, they shall have an approved license issued under the provisions of Chapter

1 of this division and as modified by this chapter.

Section 7-1251. Conditions of approval.

In addition to the requirements in Chapter 1 of this division, any licenses approved under the provisions of this chapter

shall be subject to the following conditions:

(a) The business shall be carried on only in the building designated in the license;

(b) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily

be seen;

(1) Within fifteen (15) days of the application for the purchase, and when delivered shall be unloaded and securely

wrapped; nor

(2) Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity;

(d) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be readily seen

from the outside.

Section 7-1252. Period of license.

Licenses shall remain in effect for a period not to exceed one (1) year from the date of filing the application therefor.

San Jose Code of Ordinances

Codified through Ordinance Number 30801, adopted August 9, 2022. (Supp. No. 40)

Title 10 – Public Peace, Morals & Welfare

Chapter 10.32 – Weapons

Part 2 – Weapons and Minors

Section 10.32.020. Restrictions on weapons for persons under the age of 18 years.

No person shall sell, dispose of or give to any minor under the age of 18 years, any pistol, airgun or other weapon

capable of receiving and discharging any charge, cartridge or explosive, without the written request of his parent or

guardian; and no minor under the age of 18 years shall have in his possession any such pistol or weapon unless by the

written consent of his parent or guardian.

Part 3 – Concealable Firearms Dealers

Section 10.32.030. License required.

No person shall engage in the business of selling or transferring, or shall advertise for sale, or offer or expose for sale,

any pistol, revolver or other firearm capable of being concealed upon a person without first obtaining and keeping in

current effect the requisite license as provided under this part. A license shall be required for each location where selling

or transferring of such firearms takes place.

Section 10.32.040. Application for license.

Each person applying for a license under this part shall submit an application and a questionnaire response in support of

such application to the chief of police. Such application shall be accompanied by a fee (in the form of a check or cash) as

set forth in the schedule of fees established by resolution of council, said fee to defray the cost of processing such

application. This fee shall be in addition to fees for processing noncriminal fingerprint cards. Each application shall specify

only one location where the sale or transfer of concealable firearms should take place. If a licensee changes his or her

place or business, an application for the new location shall be submitted, accompanied by a fee (in the form of a check or

cash) as set forth in the schedule of fees established by resolution of council, said fee to defray the cost of processing

such application. Such application shall be considered an initial application and not an application for renewal.

Section 10.32.050. Approval by chief of police.

The chief of police shall have the authority to approve or not approve applications under this part. For the purposes of

considering applications for licenses under this part, the chief of police shall apply the minimum written standards herein

below set forth in § 10.32.060. If an applicant meets all such standards, the chief of police shall issue a license.

Section 10.32.060. Procedural requirements.

Applicant must comply with the following requirements:

A. Possess valid and current federal firearms permit;

B. Pay permit fee to police department;

C. Pay fingerprinting fee to police department;

D. Complete personal history questionnaire on form provided by the San José police department;

E. Be fingerprinted at police department;

F. Be photographed at police department;

G. Be interviewed at police department by officer assigned to concealable firearms unit;

H. Sign authorization for release of pertinent records.

Section 10.32.065. Business site standards.

A. Business location must be in compliance with City of San José zoning codes and regulations.

B. Business site must be a permanent building having four solid walls and a roof; constructed of wood, metal, cement or

like materials and resting on a foundation of cement, stone, brick or metal or similar materials commonly used in the

construction of foundations for permanent buildings.

C. Building doors and windows must be alarmed with a system of any manufacture which will cause an audible alarm to

sound on the exterior of the building or a silent alarm to a centralized monitored facility signaling unauthorized entry during

nonbusiness hours.

D. Business inventory of an explosive or flammable nature must be stored in compliance with federal, state of California

and City of San José fire codes.

E. Inventory of firearms must conform to the type of federal firearms permit issued to the permittee.

F. Business must conform to Penal Code § 12071, state of California, i.e.:

1. The business shall be carried on only in the building designated in the license.

2. The license or a copy thereof (when issued), certified by the issuing authority, shall be displayed on the premises

where it can easily be seen.

3. No pistol or revolver shall he delivered:

a. Within fifteen days of the application for the purchase, and when delivered shall be unloaded and securely

wrapped; nor

b. Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity.

4. No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall he displayed

in any part of the premises where it can readily be seen from the outside.

Section 10.32.066. Approval of application – Fitness standards.

Any application submitted under § 10.32.060 shall be approved if the applicant:

A. Fulfills all requirements of § 10.32.060 of this part; and

B. Is not under indictment for, nor has ever been convicted of a crime involving fraud, dishonesty, deceit or violence; and

C. Has not done any unlawful act involving firearms with the intent to injure seriously another person; and

D. Has not done any act involving dishonesty, fraud or deceit with the intent substantially to benefit him or herself or

another, or substantially to injure another; and

E. Is not a fugitive from justice; and

F. Is not an unlawful user of or addicted to marijuana or any depressant or stimulant drug, narcotic drug, or excessive use

of alcohol, to the extent that such use would impair his or her fitness to deal in concealable firearms; and

G. Has not been adjudicated as a mental defective, has not been committed to a mental institution, or does not suffer from

any severe psychological disturbance which would seriously impair his or her fitness to deal in concealable firearms; and

H. Has not wilfully violated any provisions of this chapter; and

I. Has not wilfully made false statements as to any material fact in application for this license; and

J. Has not done any act which if done by a licensee would be grounds for suspension or revocation of license; and

K. Meets all business site standards under § 10.32.065.

Section 10.32.067. Maintenance and submission of records.

Each licensed dealer shall maintain records of importation, shipment, receipt, sale or other disposition of firearms and

ammunition, and shall make such records available at all reasonable times, and shall submit to the licensing authority

such reports and information upon reasonable request. The licensing authority may enter during business hours the

premises (including places of storage) of any firearms or ammunitions dealer for the purpose of inspecting or examining

(1) any records or documents required to be kept; (2) any firearms or ammunition kept or stored at such premises.

Section 10.32.070. Denial of application.

If the applicant does not meet all of the written standards hereinabove set forth, the chief of police shall not issue a license

to such applicant. It shall be the duty of the chief of police to notify an applicant that his or her application has been denied

by serving such person, either personally or by first class United States mail, with a letter setting forth the reason or

reasons which provided cause for such denial. The notice, if served by mail, shall be deemed to have been served on the

date of its deposit in the United States mail, postage prepaid, to the applicant's address of record. The notice shall also

inform the applicant of his or her right to a hearing before the administrative appeals commission at which time the

applicant may appear with counsel if so desired and be heard on the matter. The applicant shall also be given notice that

any request for a hearing before the administrative appeals commission must be made in writing to such commission

within 10 days after the date on which such notice is served on the applicant.

Section 10.32.080. Appeal from denial.

An applicant whose application has been denied by the chief of police shall have the right to appeal such decision to the

code enforcement appeals commission in the manner set forth at § 6.02.190 of this Code. Said commission shall hold a

hearing thereon in the manner set forth at § 6.02.190 of this Code.

Section 10.32.090. License renewal.

Every license issued under this chapter shall expire 1 year from the date of its issuance. Licensees shall submit an

application for renewal in person at least 90 days before the expiration of the license. If renewal is not timely, the

application will be deemed an application for license pursuant to § 10.32.040. Licensees who apply for renewal shall be

required to meet the standards specified in this chapter. The application for renewal of a license issued hereunder shall be

accompanied by a fee (in the form of a check or cash) as set forth in the schedule of fees established by resolution of

council, said fee to defray the cost of processing such application.

Section 10.32.100. Licenses nonassignable.

Except as otherwise hereinafter provided, no license issued under this part may be sold, transferred or assigned by the

licensee or by operation of law, to any other person or persons; and any such sale, transfer or assignment, or attempted

sale, transfer or assignment, be deemed to constitute a voluntary surrender of such license and such license shall

thereafter be deemed terminated and void.

Section 10.32.110. Display of license.

Every license issued under this part shall be displayed on the premises where the concealable firearms are sold in such a

fashion that it can be easily read by patrons.

Section 10.32.120. Suspension and revocation.

Every license issued under this part shall be subject to summary suspension and revocation by the chief of police if that

official determines that:

A. The licensee has failed to meet any of the requirements specified under this chapter;

B. The licensee has violated any of the conditions or provisions which appear on the license;

C. The licensee has violated any federal or state firearms sales laws;

D. The licensee's federal firearms sales license has been revoked;

E. The licensee has committed any act which could have resulted in denial of issuance of the license.

Notification. It shall be the duty of the chief of police to notify any licensee charged with any violation or misconduct, as

described above, by serving such person, either personally or by first class United States mail, with a letter setting forth

the particular written standard or condition which has been violated, and informing such licensee of the right to a hearing

before the administrative appeals commission, at which time the licensee may appear with counsel if so desired and be

heard in defense of the charges. The suspension or revocation shall be effective on the date the notice is served on the

licensee. Such notice, if served by United States mail, shall be deemed to have been served on the date of its deposit in

the United States mail, postage prepaid, to the licensee's address of record. Failure on the part of the licensee to request

in writing a hearing before the administrative appeals commission within 10 days after the notice is served, personally or

by United States mail, shall result in a permanent revocation of the license.

Section 10.32.130. Hearing.

Upon timely receipt of a written request for a hearing, the administrative appeals commission shall hold a hearing at the

time and in the manner set forth in § 6.02.190 of this Code.

Part 5 – Safe Storage of Firearms in a Residence

Section 10.32.160. Definitions.

As used in this Part, the following terms have the following meaning:

A. "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by

the force of an explosion or other form of combustion.

B. "Locked Container" means a locked container as defined in California Penal Code Section 16850, as amended from

time to time.

C. "Residence" means any structure intended or used for human habitation, including but not limited to houses,

condominiums, rooms within a Residence, in-law units, motels, hotels, single room occupancy units, time shares, and

recreational and other vehicles where human habitation occurs.

D. "Trigger Lock" means a trigger lock that is listed on the California Department of Justice's roster of approved firearms

safety devices, and that is identified as appropriate for that firearm by reference to either the manufacturer and model of

the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device

under California Penal Code Section 23635, as may be amended from time to time.

Section 10.32.170. Firearms in residence – Prohibition, Exception for reporting theft or loss, and sunset for

reporting exception.

A. A person who owns or possesses a Firearm and keeps it in his or her Residence shall store the Firearm in a Locked

Container or disable the Firearm with a Trigger Lock upon leaving the Residence.

B. A person who owns or possesses a Firearm who reports to the San Jose Police Department that a Firearm was stolen

or lost within 24 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or

lost shall not be prosecuted for violation of subsection A.

C. Subsection B shall remain in effect for one calendar year from the date the Ordinance adding this Part 5 of Chapter

10.32 of Title 10 of the San Jose Municipal Code takes effect.

Title 20 – Zoning

Chapter 20.80 – Specific Use Regulations

Part 9 – Home Occupations

Section 20.80.720. Prohibited uses.

The following are not permitted as home occupations:

C. Firearm sales and service.

San Juan Bautista Municipal Code

Codified through Ordinance Number 2021-06, passed April 20, 2021.

Title 11 – Zoning

Chapter 11-07 – Home Occupation Regulations

Section 11-07-050. Prohibited home occupation uses.

The following are examples of uses that are not incidental to or compatible with residential activities, and are therefore

prohibited as home occupations:

San Leandro Municipal Code

Codified through Ordinance Number 2022-004 and the June 2022 code supplement.

Title 2 – Revenue

Chapter 2-2 – Business License

Article 5 – Fees

Section 2-2-500. Fees based on nature of business.

Every person commencing or carrying on a business within this City shall pay a license fee in an amount determined by

the Finance Director in accordance with the nature of the business as hereinafter set forth:

Business Classification

Annual Base Fee

Unit Fee

Unit Fee Basis

Firearms Dealer $148.91 $4.44

Per $100 of gross receipts attributable to the

sales of firearms capable of being concealed

upon the person and ammunition for such

firearms, excluding sales to public agencies

The business license fees established by this section shall continue to be adjusted annually by an amount equal to the

percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San

Jose metropolitan area, as published by the U.S. Department of Labor, Bureau of Statistics.

Title 4 – Public Welfare

Chapter 4-14 – Firearms

Article 1 – Regulation of Firearms and Ammunition

Section 4-14-110. Ammunition.

No person shall, within the City of San Leandro, sell, loan or give any ammunition to any person under eighteen (18)

years of age.

Article 3 – Requirement That Firearms Dealers Sell or Provide Trigger Locks or Similar Safety Devices For Each

Firearm Sold, Leased, or Transferred – Posted Notice

Section 4-14-300. Definitions.

The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

(a) Firearm. “Firearm” shall mean 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 an explosion or other form of combustion.

(b) Firearms Dealer. “Firearms dealer” shall mean a person engaged in the business of selling, transferring, or leasing, or

advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

(d) Trigger Lock. “Trigger lock” shall mean a mechanical locking device which blocks or impairs the action of the trigger,

rendering the firearm inoperable until removed.

Section 4-14-310. Requirement to sell or provide trigger locks or similar devices.

Firearms dealers doing business within the City of San Leandro shall not sell, lease, or otherwise transfer any firearm

without also selling or providing a nonreturnable trigger lock, or similar safety device, to prevent the unintentional

discharge of the firearm.

Section 4-14-320. Exemption.

Persons providing firearms for temporary use only within a designated firing range, shall be exempt from the provisions of

this Article, so long as such firearms are not permitted to be removed from the firing range premises and the period of use

does not exceed eight (8) hours.

Section 4-14-330. Posted notice.

Firearms dealers operating within the City of San Leandro shall conspicuously post the following notice at their place of

business in the area in which the firearms are sold, leased or transferred. The letters on the notice must be legible, at

least one inch (1”) in height, and shall read:

A TRIGGER LOCK OR OTHER SAFETY DEVICE MUST BE SOLD OR PROVIDED WITH EACH FIREARM. THESE

DEVICES PREVENT THE UNINTENTIONAL DISCHARGE AND USE OF YOUR FIREARM. SAN LEANDRO

MUNICIPAL CODE TITLE IV CHAPTER 14.

Article 4 Certification Requirements for Employees of Firearms Dealers

Section 4-14-400. Definitions.

The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

(a) Applicant. “Applicant” shall mean any person applying for a certification pursuant to this Article.

(b) Certification. “Certification” shall mean the receipt of a document issued to the employee by the Chief of Police,

signifying that the employee has met the requirements of this Article.

(c) Chief Of Police. “Chief of Police” shall mean the Chief of Police of the City of San Leandro, or authorized designee.

(d) Employee. “Employee” shall mean a person who is employed by a firearms dealer, and who assists in the business of

selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease,

any firearm.

(e) Engaged In The Business. “Engaged in the business” shall mean the conduct of a business by the selling,

transferring, or leasing of any firearm; or the preparation for such conduct of business; or the holding of one’s self out as

engaged in the business of selling, transferring, or leasing of any firearm, or the selling, transferring, or leasing of firearms

in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

(f) Firearm. “Firearm” shall mean 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 an explosion or other form of combustion.

(g) Firearms Dealer. Firearms dealer” shall mean a person engaged in the business of selling, transferring, or leasing, or

advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm.

(h) Person. “Person” shall mean natural person, association, partnership, firm, or corporation.

Section 4-14-410. Required certification.

It shall be unlawful for any employee to sell, transfer, or lease, or advertise for sale, transfer or lease, or offer for sale,

transfer, or lease, any firearm without first obtaining a certification from the Chief of Police except for the interim period

provided in Section 4-14-470 for persons who are employees as of the effective date of this Article.

Section 4-14-420. Application forms and fees.

An applicant for a certification under this Article shall file with the Chief of Police a sworn application in writing, on a form

to be furnished by the City. The Chief or Police may require additional information of an applicant reasonably necessary to

complete the investigation. The applicant shall provide all information reasonably requested, or the application will not be

deemed complete. The application shall be accompanied by a nonrefundable fee as set forth in the City of San Leandro

license/permit fee schedule. To the extent practicable, the fee amount shall reflect the cost of enforcing the requirements

of this Article 4.

Section 4-14-430. Application – Investigation.

The Chief of Police shall conduct an appropriate investigation to determine for protection of the public health, safety and

welfare whether the certification may be issued. Such determination shall be made within fifteen (15) days of the receipt of

a completed application.

Section 4-14-440. Application denial.

The Chief of Police shall deny the issuance of a certification when any of the following conditions exist:

(a) The applicant, or employee, is under the age of twenty-one (21) years.

(b) The applicant, or employee, has made a false or misleading statement of a material fact, or an omission or a material

fact in the application for a certification.

(1) Any offense so as to disqualify the applicant, or employee, from owning or possessing a firearm under applicable

Federal, State, and local laws.

(2) Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or dangerous or

deadly weapon.

(3) Any felony offense involving the use of force or violence upon the person of another.

(4) Any felony offense involving theft, fraud, dishonesty, or deceit.

(5) Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the

California Health & Safety Code as said definition now reads or may hereafter be amended to read.

(d) The applicant, or employee, is an unlawful user of any controlled substance as defined by the California Health &

Safety Code as said definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the

extent that such use would impair his or her fitness to be a seller of firearms.

(e) The applicant, or employee, has been adjudicated as a mental defective, or has been committed to a mental

institution, or suffers from any psychological disturbance which, without a reasonable accommodation, would impair his or

her fitness to be a seller of firearms.

Section 4-14-450. Grounds for revocation of certification.

In addition to any provisions contained in this Article, any circumstances constituting grounds for denial shall also

constitute grounds for revocation.

Section 4-14-460. Certification/revocation – Hearing.

(a) Any person whose application for a certification under this Article has been denied, or whose certification has been

revoked pursuant to the provisions of this Article, shall have the right to a hearing before the Chief of Police prior to final

denial or prior to revocation.

(b) The Chief of Police shall give the applicant or employee written notice of the intent to deny the application or to revoke

the certification. The notice shall set forth the ground(s) for the Chief of Police’s intent to deny the application or to revoke

the certification, and shall inform the applicant or employee that he or she has ten (10) days from the date of receipt of the

notice to file a written request for a hearing. The application may be denied or the certification revoked if a written hearing

request is not received within the ten (10) day period.

hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the

issues, to be represented by counsel, and to confront and cross examine any witnesses against them. The decision of the

Chief of Police whether to deny the application or revoke the certification is final and non-appealable.

Section 4-14-470. Compliance.

Any employee as of the effective date of this Article shall have a period of ninety (90) days after such effective date to

submit an application for certification to comply with the provisions of this Article. All other persons shall obtain the

certification required by this Article prior to becoming an employee.

Section 4-14-480. Severability.

This Article shall be enforced to the full extent of the authority of the City of San Leandro. If any section, subsection,

paragraph, sentence or word of this Article is deemed to be invalid or beyond the authority of the City of San Leandro,

either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs,

sentences, or words of this Article, and the applications thereof; and to that end the section, subsections, paragraphs,

sentences and words of this Article shall be deemed severable.

Article 5 – Prohibition on the Sale of Saturday Night Specials, also Known as Junk Guns

Section 4-14-505. Definitions.

The following words and phrases, whenever used in this Article, shall be construed as defined in this section:

(a) Saturday Night Special. “Saturday Night Special,” as used in this Article shall mean any of the following:

(1) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California

Penal Code Section 12001(a), which contains a frame, barrel, breechblock, cylinder or slide that is not completely

fabricated of heat treated carbon steel, forged alloy or other material of equal or higher tensile strength.

(2) A semi-automatic pistol which:

(i) Is not originally equipped by the manufacturer with a locked-breech action; and

(ii) Is chambered for cartridges developing maximum permissible breech pressures above 24,100 Copper Units of

Pressure as standardized by the Sporting Arms and Ammunition Manufacturers Institute.

(iii) For purpose of this subsection (a)(2), “semi-automatic pistol” shall mean a firearm, as defined in California

Penal Code Section 12001(b), which is designed to be held and fired with one hand, and which does the following

upon discharge: (A) fires the cartridge in the chamber; (B) ejects the fired cartridge case; and (C) loads a

cartridge from the magazine into the chamber. “Semiautomatic pistol” shall not include any assault weapon

designated in California Penal Code Section 12276.

(3) A pistol, revolver, or firearm capable of being concealed upon the person, as those terms are defined in California

Penal Code Section 12001(a), which:

(i) Uses an action mechanism which is substantially identical in design to any action mechanism manufactured in

or before 1898 that was originally chambered for rimfire ammunition developing maximum permissible breech

reassures below 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition

Manufacturers Institute; and

(ii) Is chambered to fire either centerfire ammunition or rimfire ammunition developing maximum permissible

breech pressures above 19,000 Copper Units of Pressure as standardized by the Sporting Arms and Ammunition

Manufacturers Institute; and

(iii) Is not originally equipped by the manufacturer with a nondetachable safety guard surrounding the trigger; or

(iv) If rimfire, is equipped with a barrel of less than 20 bore diameters in overall length protruding from the frame.

(v) For purpose of this subsection (a)(3), “action mechanism” shall mean the mechanism of a firearm by which it is

loaded, locked, fired and unloaded, commonly known as the cycle of operation.

Section 4-14-510. Exclusions.

The term “Saturday Night Special” does not include any of the following:

(a) Any pistol which is an antique or relic firearm or other weapon falling within the specifications of paragraphs (5), (7)

and (8) of subsection (b) of California Penal Code Section 12020; or

(b) Any pistol for which the propelling force is classified as pneumatic, that is, of, or related to, compressed air or any

other gases not directly produced by combustion.

(d) An “unconventional pistol” as defined in California Penal Code Section 12020(c)(12); or

(e) Any pistol which has been modified to either render it permanently inoperable or permanently to make it a device no

longer classified as a “Saturday Night Special.”

Section 4-14-515. Roster of Saturday Night Specials.

On or before the effective date of this roster, the Chief of Police, or designee, (the “Chief of Police”) shall compile, publish,

and thereafter maintain a roster of Saturday Night Specials (the “roster”). The roster shall list those firearms, by

manufacturer and model number, which the Chief of Police determines fit the definition of Saturday Night Specials as set

forth in this Article. The Chief of Police may retain an independent firearms expert to assist in the determinations.

Section 4-14-520. Notification.

Upon completion of a list of firearms to be placed on the roster for the first time, the Chief of Police shall endeavor to send

written notification to: (1) the manufacturer of every firearm on said list; and (2) every dealer within the City who is

licensed to sell and transfer firearms pursuant to Section 12071 of the California Penal Code. Such notification shall do

the following:

(a) Identify the model number of the firearm which has been classified as a Saturday Night Special within the meaning of

this Article; and

(b) Advise the recipient of the notice that he or she may apply for reconsideration of the classification of the firearm as a

Saturday Night Special; and

(c) Advise the recipient of the notice that the burden of proving that a firearm does not constitute a Saturday Night Special

within the meaning of this Article shall be borne by the recipient.

Section 4-14-525. Reconsideration by the chief of police.

(a) The Chief of Police shall, prior to January 1, 1997, establish standards and procedures for the form and content of an

application for reconsideration, conducting an administrative hearing and evaluating evidentiary testimony relating to the

decision of the Chief of Police to classify the firearm subject to reconsideration as a Saturday Night Special as defined by

this Article. Such standards and procedures shall provide that the Chief of Police shall render a decision within thirty (30)

days of the submission of a completed application.

(b) Upon timely filing of one or more complete applications for reconsideration, the Chief of Police shall evaluate the

evidence submitted by the applicant(s). The Chief of Police may retain an independent firearms expert to assist in the

reconsideration. The applicant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday

Night Special as defined by this Article.

Section 4-14-530. Appeal of classification.

(a) If the Chief of Police determines that the firearm under reconsideration has been properly classified as a Saturday

Night special, then the applicant(s) shall have the right to appeal such decision within fifteen (15) days of notification of the

Chief of Police’s decision. The applicant(s) shall have the right to appeal such decisions to the City Manager, or designee,

and the applicant(s) shall have the right to a hearing before the City Manager prior to inclusion of the firearm in question

on the roster.

(b) The City Manager is authorized to establish standards and procedures for the form and content of an appeal,

conducting an administrative hearing and evaluating evidentiary testimony relating to the decision of the Chief of Police to

classify the firearm subject to appeal as a Saturday Night Special as defined by this Article.

(c) The appellant(s) shall have the burden of demonstrating that the firearm does not constitute a Saturday Night Special

as defined by the Article, and that the determination of the Chief of Police was erroneous.

(d) All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issue,

and to be represented by counsel.

(e) The City Manager shall hear and consider all relevant evidence. The City Manager may retain an independent firearms

expert to assist in the evaluation of the appeal. Any such expert would be subject to examination by the parties. Upon

conclusion of the hearing, the City Manager shall render a written decision within thirty (30) days, based upon the

evidence presented and expert information provided, if any.

(f) In all instances, the decision of the City Manager is final regarding whether a firearm is a Saturday Night Special and

should be listed on the roster.

Section 4-14-535. Publication of the roster.

The Chief of Police shall place on the roster those firearms which have been determined to constitute a Saturday Night

Special as defined by this Article, and shall publish such roster in the following manner:

(a) Notification of the roster’s completion shall be published at least once in the official newspaper as designated by the

City and circulated in the City within fifteen (15) days after completion of the roster; and

(b) A copy of the roster, certified as a true and correct copy thereof, shall be filed in the office of the City Clerk; and

(c) A copy of the roster shall be distributed to every firearms dealer in the City who is licensed to sell and transfer firearms

pursuant to Section 12071 of the California Penal Code and local regulations.

Section 4-14-540. Effective date of the roster.

The roster shall become effective on the fifteenth (15th) day following its publication.

Section 4-14-545. Additions to the roster.

The addition of firearms to the roster shall be made in accordance with the following provisions:

(a) Semi-Annual Determination. On a semi-annual basis, the Chief of Police shall determine the need to place firearms on

the roster upon identifying one or more firearms as a Saturday Night Special, the Chief of Police shall prepare a draft list

of additions to the roster.

(b) Notification of Additions. In the event that a draft list of additions to the roster is prepared, the Chief of Police shall

endeavor to send written notification in accordance with Section 4-14-520.

(c) Reconsideration by the Chief of Police and Appeal. Any person who the Chief of Police notifies pursuant to subsection

(b) above, may apply for reconsideration of the classification of the firearm as a Saturday Night Special in accordance with

the provisions of Section 4-14-525. An appeal of the reconsideration by the Chief of Police may be made to the City

Manager pursuant to the provisions of Section 4-14-530.

(d) Additions to Firearms Roster; Publication; and Effective Date. After all appeals have been exhausted, the Chief or

Police shall place on the roster those additional firearms which have been determined to constitute Saturday Night

Specials within the meaning of this Article. The Chief of Police shall cause the roster, as amended, to be published in

accordance with the provisions of Section 4-14-535. Such amended roster shall be effective fifteen (15) days following the

date of such publication. The addition of new firearms to the roster shall not operate to preclude the enforcement of the

roster with respect to firearms previously listed thereon.

Section 4-14-550. Sale prohibited.

After January 1, 1997, no wholesale or retail firearms dealer as licensed by the federal or state government and operating

within the territorial limits of the city, shall sell, offer or display for sale, give, lend, or transfer ownership, of any firearm

listed on the roster of Saturday Night Specials. This section shall not preclude a wholesale or retail gun dealer from

processing firearms transactions between unlicensed parties pursuant to Section 12702(d) of the California Penal Code.

Section 4-14-555. Exemptions.

Nothing in this Article relative to the sale of Saturday Night Specials shall prohibit the disposition of any firearms by

sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official

duties, nor to persons who are authorized by the United States Federal Government for use in the performance of their

official duties; nor shall anything in this Article prohibit the use of any firearm by the above-mentioned persons in the

performance or their official duties.

Section 4-14-560. Severability.

The City Council declares that, should any provision, section, paragraph, sentence, or work of this Article be rendered or

declared invalid by any final court action in a court of competent jurisdiction or by reason by any preemptive legislation,

the remaining provisions, sections, paragraphs, sentences or words of said ordinance hereby adopted shall remain in full

force and effect.

San Leandro Zoning Code

Codified through Ordinance Number 2022-001 and the June 2022 code supplement.

Title 2 – Base District Regulations

Chapter 2.08 – Commercial and Professional Districts

Article 1 – Use Regulations

Section 2.08.200. CC District – Use regulations.

B. CC District – Conditionally Permitted Uses.

The following uses are allowed in the CC District, subject to the approval of a conditional use permit. (Certain uses are

subject to special requirements and/or limitations, as prescribed following the individual use classification.)

28. Gun or Weapon Shop.

San Luis Obispo County Code of Ordinances

Codified through Ordinance Number 3475, passed August 9, 2022. (Supp. No. 12, Update 1)

Title 6 – Business Licenses and Regulations

Chapter 6.08 – Licensing Procedures

Section 6.08.051.1. Prerequisite to issuance of business licenses.

Prior to issuance of a business license by the tax collector, license applications for the following business categories shall

be submitted to the specified regulatory departments for their review:

(2) The application for a business license must be presented to the sheriff for review and recommendations in relation to

the following businesses as a prerequisite to the issuance of a license:

g. Sale of firearms;

San Marcos Municipal Code

Codified through Ordinance Number 2021-1512, enacted January 11, 2022. (Supp. No. 6)

Title 5 – Business Regulations

Chapter 5.60 – Firearms

Section 5.60.040. License required.

It shall be unlawful for any person to sell at retail, pistols, revolvers and other firearms capable of being concealed upon

the person, and hereinafter referred to as concealable weapons, unless such seller has been issued a license by the City

Clerk of the City of San Marcos and provided in this chapter.

(a) Application. Application for a license shall be made by the seller to the City Clerk on forms supplied by the City Clerk.

Every applicant shall submit to fingerprinting by the Sheriff, which fingerprints will be sent to the Federal Bureau of

Investigation, Identification Division, and to the State of California Bureau of Criminal Identification and Investigation for

examination, comparison and recording. The City Clerk shall send a copy of the application to the City Building Official.

The Building Official shall determine whether the structure, in which the proposed business is to be conducted, meets

building code requirements and whether the proposed business conforms to the applicable zoning laws. Upon completion

of his investigation, the Building Official shall report to the City Clerk, who shall report to the Sheriff the findings of such

examination. Upon receipt of the Building Official's report of findings upon completion of his own investigation of the

applicant, the Sheriff shall recommend approval or denial of the license. Such recommendation to the City Clerk, who

shall issue or deny the license according to the Sheriff's recommendation. The business licensed by this chapter shall be

carried on only in the building designated in the license.

(b) License Fee. The applicant shall pay a nonrefundable fee for said license the sum of $25.00 to be paid at the time

application for the license is made and an annual business license fee as set forth in the business license ordinance to be

paid upon approval of the application by the City Clerk. The fee established by the City Clerk shall defray the cost of

investigation and issuance of said license.

shall be effective for not more than one year from the date of issuance.

(d) Display of License. The license, or a copy thereof, certified by the issuing authority, shall be displayed on the premises

where it can easily be seen.

(e) License Renewal. Said license may be renewed by the seller by making application to the City Clerk not less than 30

days prior to the expiration of the license. All provisions of this section relating to any original license shall apply equally to

the renewal of the license.

Section 5.60.050. Records; secondhand weapons.

If a dealer, licensed by this chapter to sell firearms, shall have offered to him for purchase or for acceptance in trade a

used or second hand concealable weapon, he shall first obtain from the person offering such weapon the following

information:

(a) Name, address, and physical description of such person.

(b) The description and license number of the vehicle, if any, being driven by such person.

weapon.

(d) Such other information which may be required by law enforcement.

The information shall be recorded on forms furnished and approved by the City Clerk and law enforcement. At the end of

each week such dealer shall file with law enforcement such completed form with respect to each second-hand

concealable weapon purchased or taken in trade during such week by such dealer.

Section 5.60.060. Delivery of firearms.

No concealable weapons shall be delivered:

(a) Within five days of the application for the purchase thereof; nor

(b) Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity. When

delivered, such concealable weapon shall be loaded and securely wrapped.

Section 5.60.070. Advertising or display.

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.

San Mateo Municipal Code

Codified through Ordinance Number 2021-18, current through July 21, 2021

Title 27 – Zoning

Chapter 27.16 – Residence Districts

Section 27.16.040. Home occupation.

Home occupations are permitted in dwellings upon approval of a Home Occupation Certificate by the City. All home

occupations shall meet the following standards:

(a) Allowable Uses. The home occupation shall be accessory to the primary use of the dwelling as a residence. Allowable

uses include offices, professional services, instruction, food preparation, handicrafts, and other similar uses as authorized

by the Zoning Administrator. Auto repair and retail sales from the dwelling are prohibited. Businesses selling or renting

firearms, as defined by Penal Code Section 12001(b), shall be prohibited unless a special use permit is approved, subject

to compliance with the limitations set forth in this section and such other conditions as are established by the special use

permit process.

Chapter 27.30 – C1 Districts – Neighborhood Commercial

Section 27.30.020. Special uses.

The following uses may also be permitted subject to approval of a special use permit, provided that the use limitations

contained in Section 27.30.025, “Permitted and special uses—Twenty-Fifth Avenue Improvement Area,” shall apply to

properties in the Twenty-Fifth Avenue improvement Area and the use limitations contained in Section 27.30.027,

“Permitted and special uses—Hillsdale Station Area Plan Active Zone,” shall apply to properties in the Hillsdale Station

Area Plan Active Zone:

(q) Businesses selling or renting firearms as defined by Penal Code Section 12001(b);

Chapter 27.38 – CBD Districts – Central Business District

Section 27.38.030. Special uses.

The following uses may also be permitted if their site locations and proposed development plans are first approved as

provided in Chapters 27.06 through 27.12, 27.62, 27.74, 27.78 and 27.80; however, the specific use limitations contained

in Section 27.38.110, Required Retail Frontage, shall apply to properties located within the required retail frontage area,

as shown in the Downtown Plan:

(22) Businesses selling or renting firearms as defined by Penal Code Section 12001(b);

San Mateo County Code of Ordinances

Codified through Ordinance Number 04867, passed May 17, 2022. (Supp. No. 40, 6-22)

Title 3 – Public Safety, Morals and Welfare

Chapter 3.52 – Firearms

Section 3.52.010. Definition of "firearms".

Firearms is defined as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, "BB" gun, air gun, pellet gun or any

other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.

Section 3.52.040. Possession by minor prohibited.

It shall be unlawful for any person under the age of eighteen (18) years to have in his possession in a public place any

firearm, except as provided in section 3.52.050 hereof.

Section 3.52.050. Exceptions.

The provisions of section 3.52.040 hereof shall not apply to said persons under the age of eighteen (18) in the following

cases:

(a) When said person is in the immediate charge of a parent, guardian, or adult person having the responsibility for the

conduct of said person under the age of eighteen (18) years.

(b) When the firearm is unloaded and either: (1) in a dismantled or "take-down" condition or (2) completely wrapped or in

a carrying case made for the purpose of carrying such firearm. A gun shall be deemed to be unloaded only when no

ammunition or propellant is in any part of the gun or magazine or clip thereof.

possession of a hunting license issued as prescribed by that code.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction

thereof shall be punished by a fine not exceeding the sum of Five Hundred Dollars ($500.00) or by imprisonment in the

County Jail of San Mateo County, for a period not exceeding six months, or by both such fine and imprisonment.

Section 3.52.060. Sale of certain firearms prohibited to minors.

No person shall sell, deliver or transfer ownership to any person under the age of eighteen (18) years any pistol, revolver

or other similar weapon capable of being concealed upon the person and designed to discharge a solid projectile

propelled by the expansion of a gas.

Section 3.52.070. Adoption of Penal Code Sections 12070 through 12077.

The provisions of sections 12070-12077, inclusive, of the Penal Code of the State of California, pertaining to the licensing

of retailers selling pistols, revolvers, and other firearms capable of being concealed upon the person, are hereby adopted

in the County of San Mateo and from and after the effective date of this ordinance shall be in full force and effect in this

County.

Section 3.52.080. Sheriff, duties.

The Sheriff of San Mateo County is hereby designated and appointed the duly constituted licensing authority of this

County for the purpose of this ordinance. All applications for licenses under the foregoing Penal Code sections shall be

made to the Sheriff and he is hereby authorized to grant licenses, effective for one year from the date of issue, to enforce

within the unincorporated area of this County the provisions of sections 12070-12077 of said Penal Code, and to obtain

and, where necessary, to prescribe forms effectuate the purposes of said sections and to otherwise do all acts and things

required to make effective and to enforce within this County the provisions of sections 12070-12077 of the California

Penal Code.

Section 3.52.090. Definitions.

The following definitions govern the construction of this chapter:

(a) "Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels

a projectile by the force of an explosion or other form of combustion.

(b) "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellant or

explosive charge, and a primer which is used in the operation of a firearm.

or explosive material used in the manufacture of ammunition.

Section 3.52.110. Licenses, conditions.

Licensees shall be subject to the following conditions, for breach of any of which the license shall be subject to forfeiture:

(1) The business shall be carried on only in the building designated in the license.

(2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily

be read.

(3) No pistol or revolver shall be delivered:

(a) Within three days of the application for the purchase, and when delivered shall be unloaded and securely

wrapped; nor

(b) Unless the purchaser either is personally known to the seller or shall present clear evidence of his identity.

(4) 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.

(5) Deleted.

(6) The licensee shall not deliver a firearm to a purchaser, lessee or other transferee unless the firearm is unloaded and

securely wrapped or unloaded in a locked container.

(7) The licensee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each

firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm.

Section 3.52.120. Copies of register sheet, disposition of.

Licensees shall, immediately upon receiving an application for purchase, mail a copy of the register sheet required to be

maintained to the Bureau of Criminal Identification and Investigation and to the Sheriff, as required by Penal Code section

12076. The Sheriff shall, upon receiving said copy, investigate and report to said retailer whether or not the purchaser is

known to be a minor under the age of eighteen (18) years or within one of the classes of persons prohibited by section

12021 of said Penal Code from owning or possessing such weapon. Such persons are narcotics addicts, persons

convicted of felonies and persons not citizens of the United States.

If any section, provision, sentence, clause or phrase of this ordinance is for any reason held to be invalid or

unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining

portions of this ordinance, and the Board of Supervisors hereby declares that it would have passed this ordinance

irrespective of such validity or unconstitutionality.

Section 3.52.200. Possession and sale of firearms by county law enforcement officials.

(A) All firearms issued to county law enforcement officials shall be accompanied by a safety trigger lock.

(B) No county law enforcement official shall sell, trade, give or otherwise transfer any firearm owned or possessed by the

County of San Mateo.

law enforcement agency, provided that the Sheriff has determined the firearm to be surplus property and the sale is

otherwise permissible under applicable state and federal law.

(D) Notwithstanding subdivision (B) above, the County may sell to any active Deputy, Sergeant, Lieutenant, Captain,

Assistant Sheriff, Undersheriff, and Sheriff their County owned or possessed (department issued service firearm),

provided that the Sheriff has determined the firearm to be surplus property and the firearm purchaser signs an agreement

not to subsequently transfer the firearm except to the County.

San Pablo Municipal Code

Codified through Ordinance Number 2022-001, passed January 18, 2022.

Title 5 – Business Taxes, Licenses and Regulations

Chapter 5.04 – Business Licenses and Fees

Section 5.04.295. Sales of firearms.

Every person who engages in the business of selling, transferring, or leasing firearms shall pay a license fee as

determined by City Council Resolution. Such resolution shall be published in the same manner and within the same time

as ordinances are required to be published.

Title 9 – Public Peace, Morals and Welfare

Chapter 9.10 – Sales of Firearms and Munitions

Section 9.10.020. Permit required.

A. It shall be unlawful under this Chapter for any person to engage in the business of selling, transferring, or leasing, or

advertising for sale, transfer or lease, or offer or expose for sale, transfer or lease, any firearm unless he or she has been

issued a license as required by this chapter. “Engage in the business” means the conduct of a business by the selling,

leasing, or transferring of any firearm; or the preparation for such conduct of business, as evidenced by the application for

or securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling,

transferring, or leasing of any firearms; or the selling, transferring or leasing of firearms in quantity, in series or in

individual transactions, or in any other manner indicative of trade.

B. Such license shall consist of a permit issued by the police chief after a determination by the police chief that the

applicant meets the standards for obtaining a permit based on the criteria contained herein.

C. A person shall not be deemed licensed to sell firearms until that person has obtained both the permit from the police

chief and a use permit for the business site from the city planning commission.

Section 9.10.030. Manner of application – Fees.

An applicant for a permit under this chapter shall file with the police chief an application in writing, under penalty of

perjury, on a form to be furnished by the city or as information requested to demonstrate compliance with this chapter,

including a floor plan of the proposed business which illustrates the applicant’s compliance with the security provisions of

Section 9.10.080D of this chapter. The application shall also include a certification by the City’s Community Development

Department that the business will not be located in a zoning district in which the operation of firearms business is

prohibited by law. The applicant shall provide all information requested, including proof of compliance with all applicable

federal, state and local laws, or the application will not be deemed complete. The application shall be accompanied by a

nonrefundable fee for administering this chapter, to be established by resolution of the City Council.

Section 9.10.040. Investigation by the 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 deems necessary to complete the investigation.

Section 9.10.050. Grounds for denial of permit.

The police chief shall give the applicant written notice of the chief’s decision to deny or revoke the application. The notice

shall set forth the ground or grounds for the chief’s decision, and shall inform the applicant that he or she has ten (10)

days from the date the notice was mailed within which to file a written request for a hearing with the chief. The police chief

shall issue a permit unless he finds one or more of the following:

A. The applicant, or an officer, employee or agent thereof, is under the age of twenty-one (21) years;

B. The applicant is not licensed as required by all applicable federal or state laws, or the operation of the business as

proposed will not comply with all applicable federal, state, and local laws, including, but not limited to any of the following:

1. The applicant has failed to provide a copy of his or her valid federal firearm’s license.

2. The applicant has failed to provide a valid seller’s permit issued by the State Board of Equalization.

3. The applicant has failed to provide a copy of his or her valid Certificate of Eligibility issued by the Department of

Justice;

C. The applicant’s inventory does not conform to the type of federal or state firearms permit issued to the applicant;

D. The applicant, or an officer, employee or agent thereof, has had a similar type permit previously revoked or denied for

good cause within the immediately preceding two (2) years;

E. The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a

material fact in the application for a permit;

F. The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity,

or any other information required by the police chief to complete his investigation;

G. The applicant, or an officer, employee or agent thereof, has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing a

firearm under applicable federal, state and local laws.