Title 7 BUSINESS LICENSES
Chapter 7.46 GUN DEALERS
7.46.010 Gun dealer defined.
7.46.020 License--Required.
7.46.030 License--Granted subject to specific conditions.
7.46.040 Records and reporting requirement.
7.46.050 Inspection.
7.46.060 Conditions for granting license.
7.46.070 Liability insurance.
7.46.080 Security requirements.
7.46.090 Compliance by existing dealers.
7.46.095 Officers, employees and agents of gun dealers defined.
7.46.100 Penalty.
7.46.110 Severability.
7.46.010 Gun dealer defined.
“Gun dealer” means any person, firm or corporation who sells
or otherwise transfers to the public any pistol, revolver, rifle, shotgun, or
other firearm, including those persons required by Section 12070(a) of the
California Penal Code to obtain a license under California Penal Code Section
12071. “Gun dealer” also includes any person, firm or corporation
who purchases, takes in trade or accepts on consignment from the public any
firearm of any type, including, but not limited to pistols, revolvers, rifles
and shotguns. (Ord. 97-0009 § 1, 1997: Ord. 91-0064 § 1 (part), 1991:
Ord. 11282 § 1 (part), 1976: Ord. 5860 Ch. 2 Art. 19 § 760,
1951.)
7.46.020 License--Required.
Every gun dealer shall first procure a license and pay an annual license
fee in the amount set forth in Section 7.14.010 of this title, under the
appropriate heading. (Ord. 91-0064 § 1 (part), 1991: Ord. 11282 § 1
(part), 1976: Ord. 5860 Ch. 2 Art. 19 § 761, 1951.)
7.46.030 License--Granted subject to specific conditions.
If a license is granted under this chapter, it shall be subject to the
conditions set forth in Penal Code Section 12071, for breach of any of which the
license shall be subject to forfeiture. (Ord. 91-0064 § 1 (part), 1991:
Ord. 11282 § 1 (part), 1976: Ord. 5860 Ch. 2 Art. 19 § 762,
1951.)
7.46.040 Records and reporting requirement.
In addition to properly maintaining all records and documents required by
state and federal laws, a gun dealer, upon purchasing, taking in trade or
accepting on consignment from the public any firearm of any type, shall comply
with buy-form requirements as enumerated in Part 7 of Chapter 7.76 of this
title, beginning with Section 7.76.310. A gun dealer shall also be required to
report every sale, lease, or other transfer of a firearm to the sheriff on a
form prescribed by the sheriff. (Ord. 97-0009 § 2, 1997: Ord. 91-0064
§ 1 (part), 1991: Ord. 11282 § 1 (part), 1976: Ord. 5860 Ch. 2 Art. 19
§ 793, 1951.)
7.46.050 Inspection.
Upon the request of any designated sheriff representative or any peace
officer, a gun dealer shall (1) furnish all records pertaining to the gun
dealer’s transactions, including, but not limited to, all records required
to be maintained by law, and (2) shall permit an inspection of those portions of
the licensed premises where the firearms and firearm accessories are located.
(Ord. 97-0019 § 1, 1997: Ord. 97-0009 § 3, 1997: Ord. 91-0064 § 1
(part), 1991: Ord. 11282 § 1 (part), 1976: Ord. 5860 Ch. 2 Art. 19 §
764, 1951.)
7.46.060 Conditions for granting license.
No license or renewal license shall be issued under this chapter unless,
in addition to the requirements set forth in Section 7.46.030 and Section
7.46.040 above, the gun dealer satisfies each of the following
conditions:
A. The gun dealer, and all officers, employees, and agents of
said gun dealer, are at least 21 years of age;
B. Neither the gun dealer,
nor any officer, employee, or agent of said gun dealer, has had a similar type
license previously revoked or denied within the immediately preceding two
years;
C. Neither the gun dealer, nor any officer, employee, or agent of
said gun dealer, has been convicted of:
1. Any offense disqualifying said
individual from owning or possessing a firearm under applicable federal, state,
or 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;
D. The gun
dealer has a fixed place of business where all licensed activities will be
conducted as required by Section 7.04.060 of this code. The storing of all
firearms and munitions shall occur at said fixed place of business. Under no
circumstance may the address of the fixed place of business be either a United
States Post Office box or a private commercial mailbox. The gun dealer shall
provide evidence as owner, lessee or other legal occupant of said fixed place of
business. The license shall specify the Post Office address of said fixed place
of business;
E. The gun dealer’s fixed place of business shall not be
located in any area or district that is zoned for residential use;
F. The
gun dealer has agreed to indemnify, defend and hold harmless the county of Los
Angeles, its officers, agents and employees, from claims arising from the
negligent or intentional acts of said gun dealer;
G. In connection with
every firearm sold, leased, or otherwise transferred by a gun dealer, said gun
dealer must also sell or otherwise provide a trigger lock or similar device
reviewed and approved by the sheriff that is designed to prevent the
unintentional discharge of the firearm;
H. The gun dealer has obtained a
policy of insurance as provided in Section 7.46.070 below; and
I. The gun
dealer has complied with the security requirements as provided in Section
7.46.080 below. (Ord. 97-0009 § 4, 1997.)
7.46.070 Liability insurance.
A. No license or renewal license shall be issued under this chapter unless
the gun dealer carries and maintains in full force and effect a policy of
insurance, as described in this subsection, in a form approved by the county of
Los Angeles and executed by an insurance company admitted to do business in the
state of California. This policy of insurance shall insure the gun dealer
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 the offering for sale,
lease, or transfer, of a firearm. 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. The policy shall name the county of Los Angeles as an
additional insured.
B. The policy of insurance shall contain an endorsement
providing that said policy shall not be canceled until notice in writing has
been given to the office of the treasurer and tax collector at least 30 days
prior to the time the cancellation becomes effective.
C. If at any time the
gun dealer’s policy of insurance expires, said gun dealer’s license
under this chapter will automatically be suspended pursuant to Section 7.08.240
and Section 7.08.250 of this code. (Ord. 97-0009 § 5, 1997.)
7.46.080 Security requirements.
A. No license or renewal license shall be issued under this chapter unless
the gun dealer adheres to security measures as required by the sheriff. These
security measures shall include, but not be limited to, the
following:
1. The provision of adequate lighting, secure locks, windows, and
doors, and fire and theft alarms, as each such item is specified and approved by
both the sheriff and the fire department; and
2. The storing of all firearms
and munitions on the premises out of reach of customers in secure, locked
facilities, so that access to firearms and munitions shall be controlled by the
gun dealer or employees of the gun dealer to the exclusion of all
others.
B. Upon written request by the gun dealer, the sheriff may approve
alternative security measures which he/she determines will provide equivalent or
superior security to the premises as the measures required under subsection A
above. (Ord. 97-0009 § 6, 1997.)
7.46.090 Compliance by existing dealers.
Any gun dealer licensed to engage in the sale of firearms prior to the
effective date* of the amendments to this chapter shall within 90 days after
said effective date comply with the provisions of these amendments. (Ord.
97-0009 § 7, 1997.)
* Editor’s note: Amendments to this chapter, enacted by Ord.
97-0009, are effective April 18, 1997.
7.46.095 Officers, employees and agents of gun dealers defined.
Any reference in this chapter to an officer, employee or agent of a gun
dealer shall apply only to those persons who directly participate in firearm
sale transactions. (Ord. 97-0019 § 2, 1997.)
7.46.100 Penalty.
Any gun dealer violating the provisions of this chapter is guilty of a
misdemeanor, punishable by a fine not to exceed $1,000.00, or imprisonment for a
term not to exceed six months, or both. This penalty is in addition to all other
penalties provided by law, and to the immediate revocation of the gun
dealer’s license granted under this chapter. (Ord. 97-0009 § 8,
1997.)
7.46.110 Severability.
If any provision of this chapter or the application thereof to any person
or circumstance is held invalid, the remainder of the chapter, and the
application of such provision to other persons or circumstances, shall not be
affected thereby. (Ord. 97-0009 § 9, 1997.)
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