Ordinance - City of Pleasant Hill

8. Federal firearms licensees are required by federal law to comply with all state and local dealer laws as a condition for retaining their federal licenses.5. 9.
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CITY OF PLEASANT HILL ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 9.35 OF THE PLEASANT HILL MUNICIPAL CODE RELATING TO FIREARMS THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.35 of the Pleasant Hill Municipal Code is hereby amended in its entirety to read as follows: “CHAPTER 9.35 FIREARMS Sections: 9.35.010 9.35.020 9.35.030 9.35.040 9.35.050 9.35.060 9.35.070 9.35.080 9.35.090 9.35.100 9.35.110 9.35.120 9.35.130 9.35.140 9.35.150 9.35.160 9.35.170 9.35.180 9.35.190 9.35.200 9.35.210 9.35.220

Findings and Purpose Definitions Police Permit Required for Firearms Sales Police Permit - Application Investigation by Police; Determination timeframe Grounds For Permit Issuance Denial of Permit Appeals and Calls for Review Annual Report Revocation of Permit Conditions of Approval of Permit Reserved Permits Not Assignable Compliance by Existing Firearms Sellers Authority to Inspect Violations Reserved Discharging prohibited Reserved Exceptions Rules and regulations Severability clause

9.35.010 Findings and Purpose. A.

Findings.

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1. Regulation of the sale, transfer, lease, or offer for sale or lease, of firearms or ammunition is necessary to protect the public health, safety and welfare. 2. Federal regulation of firearms dealers and ammunition sellers currently is inadequate to protect the public safety. 3. The Bureau of Alcohol, Tobacco, Firearms and Explosives (”ATF”) reported in 2007 that it inspects each federal firearms licensee, on average, only once every 17 years.1 4. Federal laws are silent regarding many important aspects of the dealer’s business, such as its location and security requirements during business hours. This leaves dealers free to operate out of their homes and near schools and other places children frequent. 5. According to a 1998 ATF random sample of federal firearms licensees nationwide, 56% of all dealers operated out of their homes and 19% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores.2 6. California is among a minority of states that impose licensing requirements on firearms dealers, but the standards are minimal.3 7. The California Court of Appeal in Suter v. City of Lafayette, 57 Cal.App.4th 1109 (1997) held that state law authorizes local governments in California to impose additional licensing requirements on firearms dealers.4 8. Federal firearms licensees are required by federal law to comply with all state and local dealer laws as a condition for retaining their federal licenses.5 9. The International Association of Chiefs of Police recommends that local governments impose their own licensing requirements on firearms dealers because local requirements can respond to specific community concerns, and 1

Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking, December 18, 2008, available at www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf. 2

Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 16 (Feb. 2000), available at www.mayorsagainstillegalguns.org/downloads/pdf/Commerce_in_Firearms_2000.pdf. 3

See Cal. Penal Code §26700 et seq. and §26800 et seq.

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Although the Court in Suter struck down a provision of the City of Lafayette’s ordinance imposing additional security requirements on firearms dealers, that part of the opinion has been superseded by the adoption of Cal. Penal Code §26890(b). 5

18 U.S.C. §923(d)(1)(F).

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local review of licensees provides additional resources to identify and stop corrupt dealers.6 10. A 2009 study found that cities in states that comprehensively regulate retail firearms dealers and cities where these businesses undergo regular compliance inspections have significantly low