HomeMy WebLinkAboutOrd 2014-3297 ORDII�'ANCE NO. 3297
ORDIIvAI`'CE OF THE CITI' OF CHiJLA VISTA AMENDII�'G
SECTION �.28A10 OF THE CHULA VISTA A4UNICIPAL
CODE TO AUTHORIZE THE COLLECTIOr' OF FIREARMS
DEALER LICENSE AI�'I�TUAL FEES AI��D SECTIOI�' �.28.01�
TO REQUIRE AI�TI�TUAL II�'SPECTIONS OF FIREARMS
DEALERS BY THE POLICE DEPARTh4Ei�'T
W"HEREAS. the State of California Penal Code permits local licensing authorities to
assess fees to reco��er their full costs of processine applications for a firearms dealer license; and
WIIEREAS. the esistina Cit�� of Chula Vista ordinance relatina to Fireazms Dealers
precludes the cit}� from collectine a fee; and y
VJHEREAS, the Police Department must complete an inspection of Ihe firearms dealer
business as part of the approval process.
\TOW, THEREFORE, the Citv Council of the City of Chula Vista does hereby ordain as
follo�ti�s:
Section I.
Chula Vista Municipal Code Chapter �.28 is hereb�� amended to read as sho�tim in
Attachment A.
Section II. Se��erabilitv .
If any portion of this Ordinance, or its application to an}� person or circumstance, is for
anv reason held to be invalid. unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed se��erable; and such invalidity, unenforceability or
unconstimtionalit�� shall not affect the ��alidity or enforceability of the remainine portions of the
Ordinance, or its application to am� other person or circumstance. The City Council of the Ciri� of
Chula Vista hereby declazes that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that anv one or more other sections. sentences, clauses
or phrases of the Ordinance be declazed invalid. unenforceable or unconstitutional.
Section III. Construction
The City Council of the Citv of Chula \'ista intends this Ordinance to supplement, not to
duplicate or contradict. applicable state and federal law and this Ordinance shall be construed in
lieht of that intent.
Section IV. Effective Date �
This Ordinance shall ta}:e effect and be in force on the thirtieth day afrer its final passage.
Ordinance 3297
Paoe 2
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by � Approved as to form by
�..J . `
1�1^/�°
David Bejarano Gl�n R. Go gins
Chief of Police Ci Att ey
PASSED, APPROVED. and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 7th da}� of January 2014. by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
� �
Cher}�l Co.•, ay, r
ATTEST:
�� � ��
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHiJLA VISTA )
I, Donna R. Norris, Cit}� Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 3297 had its first reading at a regular meeting held on the 17th day of December
20li and its second reading and adoption at a regular meeting of said City Council held on the
7th day of January 2014; and ���as duly published in summary form in acwrdance with the
requirements of state law and the City Charter.
� � �0l� /���f*�5�--�
Dated Donna R. Norris, CMC, City Clerk
Ordinance 3Z97
Pase 3
Chapter SZ8
FIl2EARnZS SALES*
Sections:
�.28.010 License required— Statutor} authoriri�applicable.
�.28.015 .�nnual inspection required
>28.020 Purpose.
�.28.030 Definitions.
�?5.040 Pro��ision of safe firearm storaee de��ice.
�.28.0�0 Pro��ision of safe fuearm stora¢e materials.
�.28.060 Acknowledgment of receipt b}�purchaser.
�.28.070 Representations.
�.28.OS0 E�ceptions.
• For stamton authorit}� for cities to license businesses for purposes of revenue and
rewlation, see Gov. Code � 37101.
�.28.010 License required —.Statutor�� authorih� a��licable: _ _ _ . . ... .
I�To person shall eneaee in the business of selline, or otherwise transfemne, or ad��ertise
for sale or transfer, anv pistoi. revolver or other fireazm capable of bein¢ concealed upon
the person; Hithout first obtainine a license from the chief of police, wkuch license shall
be issued in accordance N�th the conditions and pro��isions contained in ni;�T
6ha�Fer 1; TiEle � n..... n ,.t.�.e n�.,.,i �,.ae . e ,,. c,.,.�:,.., i�nTn ArtICIe �.
Chapter 2. Division 6. Title 4. Pan 6 of the Penal Code, commencina at Section 26700.
�,-° �`�" `� �� �`�-�� `�-'`, �-'�•�-°, �`''��� '���-°°. ln accordance ���th Penal Code
Section 2670�{dl. a nonrefundable required fee(sl. or the rectuired rene���al fee(sl. shall
accompanv the submission of each license apotication. Such licenses. when issued. shall
e�oire one �•ear from the date of issuance and mav be rene���ed onl��bv filine a Hritten
request for rene«-al.accompanied bv the annual license fee and a cop��of the license to
be renewed. (Ord. 7�0; 1961).
5.28.01� Annual ins�ectiou rec�uired
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The chief of police. or his desienee. shall inspect each firearms dealer in the citv for the
purpose of determinin� that the pro�-isions of Penal Code Section 16�7� aze met. \'o
license to conduct business as a fuearms dealer shall be eranted unless an insnection �
re�eals that the business comolies���th all pro�isions. An insoection must be comoleted
at least once per ��eaz at the time of license application or rene���al.
�.28.020 Purpose:......................................................................................................................................................._...........................
The purpose of this section related to trieger lock and safe firearm storage is to reduce the
incidents of accidental gun deaths caused b��the unintentional dischazee of a loaded
firearm. Ten (10)percent of all Qun deaths in the United States are caused b}�accidental
or unintentional dischazee of a loaded fuearm. One out of three deaths from accidental
Ordinance 3297
Page 4
firearm dischazges could be prevented bv a firearm safety device. D4ost children who
accidentall�� injure or kill themselves or a friend do so ti�hile playing��th a loaded �
firearm found in their home or a friend's home. The number of accidental deaths and
injuries attributed to firearms and other weapons is unacceptable and warrants stricter
contro] over the handling and storaee of law�ful firearms. Fireann o��mers have a
responsibilit}�to keep the public safe from the consequences associated with the
proliferation and unsafe storage of firearms. Trigger locks or other similar devices, when
properly used, can prevent the accidental discharge of firearms. This city has an interest
in encouragine firearm o�ners to store their firearms in a safe manner and out of the
reach of children. (Ord. 2774 § 1, 1999).
5.28.030 Definitions.
For the purposes of this chapter, the below terms are defined as follows:
A. "Firearm" means any device; designed to be used as a weapon or modified to be used
as a weapon; from which a projectile is espelled through a barrel b}� the force of
explosion or other form of combustion.
B. "Firearm dealei'means any person licensed by the city pursuant to Califomia Penal
Code Section 12071 for the retail sale of firearms within the city of Chula Vista. "Firearm
dealer'' shall not include persons involved in transactions excluded under Califomia
Penal Code Section 12070.
C. "Safe firearm storage de��ice' or"safe storage device" shall mean any of the folloN2ng
devices,the proper use of�vhich will prevent the unintentiona] discharge of the firearm:
1. A lockable hard plastic or metal box capable of covering the whole of the firearm
sold. The box shall have, or shall be pro��ided with, a lock.
2. A soft case ��ith an outer shell made ���ith a hea�y canvas or ballistic nylon
capable of covering the whole firearm sold. The case shall have a zipper capable of
being locked shut The sofr case shall have, or shall be provided with, a lock.
3. Any t}�pe of reusable locking device that is capable of rendering the firearm sold,
leased; or transferred inoperable, w�hen properly installed by keeping the trigger
from releasine the seaz, thereby dropping the firing pin, or locking the action of the
firearm open so it will not go into battery. Any device integrated into the firearm by
the manufacturer N hich meets the criteria of this pazagraph shall qualify as a safe
firearm storage de��ice.
4. All locks or lockine devices sold, fiunished or made available in order to comply
with the provisions of this chapter shall have a key or a combination with at least
three hunblers.
A fueann "safetv` shall not be considered a safe storage device for purposes of this
chapter. (Ord. 2774 § 1; 1999).
5.28.040 Provision of safe firearm storage device.
A. It is unlawful for any firearm dealer to sell, lease or otherwise vansfer o�mership of
any fireazm without also pro��idine with the firearm a safe firearm storage device
Ordinance 3297
Paee �
designed to prevent the unintentional dischazee of the fueazm being sold, leased. or
transferred.
B. The safe firearm storage de��ice shall be locked in place; properh attached to. or
properlp co�erine; the fireazm at the time it lea��es the fireazm dealer s premises.
C.Nothing in this chapter shall prevent the firearm dealer from recoverine the cost of
providing a safe fuearm storaee device b} chazgine a price for the safe storage device.
either separatel}�or as part of the price of the fireazm. (Ord. 2774 § I; 1999).
5.28.050 Procision of safe firearm storage materials. . .
It is unlaw-ful for an}' fireazm dealer to sell. lease or othen;�se uansfer o�+�nership of an��
fuearm without pro�iding w�th the fireazm printed material. approved b}�the chief of
police. that ad�ises the user of safe firearm storaee practices. (Ord. 2774 § 1, 1999).
5.28.060:acl:nowled�ment of.receipt b�:..Purchaser.............................................................................................
In connection���th the sale, eift loan or transfer of a firearm, the firearm dealer shall
obtain from the person receivine the fireazm a si2ned acl:no���ledement that a u-igeer
lockina or similaz de�ice required b}:CV�4C �.25.030; and the printed material required
b} C«4C �?5:0�0;has been pro�ided ��ith the fuearm. The ackno��•ledement shall be in
a form approved bv the chief of police. The fuearm dealer shall retain siened
acl:nowled�nents of receipt in the same manner and to the same extent as required b��
state law for other fuearm transaction records. (Ord. 2774 § 1, 1999).
5.28.070 Representations.
A fuearm dealer���ho has full��complied „Zth the provisions of this section relatine to
u-ieger locl:ing or similar devices shall not be presumed to have made any representaaon
to the transferee reearding the safen�or appropriateness of the use of the trieeer locl:ine
or similaz device. nor shall the firearm dealer be liable in any civil action broueht aeainst
the fuearm dealer, to the eztent such liabilin�w�ould be based solely upon the act o£
fiunishine the trigger locl:ing or similaz de��ice to a person in compliance w�ith this
section. (Ord. 2774 § 1. 1999).
i.28.080 Exceptions;.................... .............................. ....................................................................
A. The requuements of CV?�4C �.28.0�0, �?5.0�0 and �.28.060 shall not apply to
firearms that have been determined bv the Director of the Bureau of AlcohoL Tobacco
and Firearms. Department of Treasun�, to be curios or relics under federal law.
B. The requuements of CVI�4C �.28.040. >.28.0�0 and �.28.060 shall not appl��to
fueazms rented at a licensed ranee for use on the range and shall not appl}�to temporarv
lendina transactions in w'hich the firearm does not leave the premises of the firearm
dealer. (Ord. 2774 § 1; 1999).
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