1 STAFF REPORT
DATE: February 8, 2022
TO: Justin Hess, City Manager
FROM: Michael Albanese, Chief of Police
Patrick Prescott, Community Development Director
BY: Courtney Padgett, Police Administrator
Carol-Ann Coates, Building Administration Manager
SUBJECT: Review of Burbank Municipal Code Section 5-3-801 License to Sell Firearms at Retail
RECOMMENDATION
1. Note and file.
2. Provide direction to staff, if any, on the further review of Burbank Municipal Code Section 5-3-801 and/or existing firearms licensing processes.
BACKGROUND
At the October 12, 2021 City Council meeting, Vice Mayor Anthony requested a report on the steps required to become a licensed firearm dealer, how many firearm businesses operate within the City, and the time that each of th ose businesses have been in operations. After receipt of the written report, at the December 14, 2021 City Council meeting, Vice Mayor Anthony introduced an additional agenda item for Council discussion regarding Burbank Municipal Code (BMC) 5-3-801 License to Sell Firearms at Retail (Attachment 1).
DISCUSSION
The sale of firearms in the City of Burbank is governed by BMC section 5-3-801, License to Sell Firearms at Retail, and Section 3-4-111 Firearms. Federal and state laws provide specific regulation on sale and possession of firearms . State law is found in California Penal Code Section 26705, Article 1 License to Sell, Lease, or Transfer Firearms at Retail. Federal firearms license regulations are found in Title I, Gun Control Act of 1968 (27 CFR Part 478) within the limitations of Chapter 44, Title 18, United State Code. Any person engaging in the business of selling or transferring, renting , advertising for sale, POLICE
DEPARTMENT
COMMUNITY DEVELOPMENT
DEPARTMENT
2 offering or exposing for sale or transfer or rental at retail , pistols, revolvers, or other firearms capable of being concealed shall obtain the license required by the City of Burbank. Businesses that sell only ammunition are not required to obtain a City regulatory license but are required to register for a Business Tax account.
Authorized Firearm Dealer Process
To sell firearms in the City of Burbank, l icensees undergo an application process that includes providing a copy of their Certificate of Eligibility (COE) from the California Department of Justice ; Federal Firearms License (FFL) from the Bureau of Alcohol, Tobacco, Firearms and Explosives; and seller’s permit from the California Department of Tax and Fee Administration. Applicants must submit copies of fingerprints through a Live Scan application, which is reviewed by the Police Department for any disqualifying criminal convictions. Applications can be approved once the background check has been completed. No license is issued unless first approved by the Chief of Police, in writing.
The location of the business is also reviewed by the City’s Planning Division. If the use is permittable in that zone, the business license application will be approved. Licensees must renew their licenses annually . The renewal fee is based on one percent of gross receipts, or a minimum of $286.45, whichever is greater. Revenue received from Firearm Dealer Business License fees from the past five years totaled $225,407.74, which goes to the General Fund.
Firearms Dealers in Burbank
The City currently has a total of 14 licensed locations for the sale of firearms. The number of authorized firearms dealers has remained relatively consistent over the past five years, ranging from 10 to 14. The average age of the businesses is 12 operating years, with four stores being in business for over 27 years, and two new stores applying and receiving licenses in 2021. Each licensed firearm dealer location along with the initial issuance date of the license is listed in the chart below.
Business Licensee Name Date of
License
Issuance
Business Address
AEGIS TRADING ENTERPRISES LLC 07/14/2009 1004 Magnolia Blvd.
BIG 5 SPORTING GOODS #109 01/13/1993 510 N. Victory Blvd.
BURBANK AMMO & GUNS 12/17/2015 1313 Magnolia Blvd.
C R ENTERPRISE 01/01/1991 265 W Providencia Ave
CGA GROUP LLC DBA GUNS LA 09/01/2019 3906 W. Burbank Blvd.
FIRING-LINE 09/09/1994 1060 N. Lake St.
GUN BROTHERS INC. 03/29/2021 3804 W. Burbank Blvd.
GUN WORLD 11/09/2010 2412 Magnolia Blvd. B
GUNS DIRECT 08/31/2010 1521 Magnolia Blvd.
LA FIREARMS SUPPLIES 08/19/2021 1212 W. Magnolia Blvd.
RSF (REDSTONE FIREARMS) 05/22/2019 916 W. Burbank Blvd. 3 SOGG ENTERPRISES, INC. DBA
RTBA LA
12/15/2018 2319 W. Olive Ave. A
SPEED SHOOTERS 04/25/1994 1734 Evergreen St
TACTICAL PRO SHOP, LLC 04/05/2017 3503 W. Burbank Blvd.
FISCAL IMPACT
There is no fiscal impact associated with this report.
CONCLUSION
City Municipal Code 5-3-801 License to Sell Firearms governs the licensing process for retailers to sell firearms in Burbank. T he Police Department and the Community Development Department have not identified any concerns or issues regarding the existing BMC requirements. Staff recommends Council note and file the report and provide direction to staff , if any, regarding the review of the BMC or existing firearms licensing processes.
ATTACHMENT
Attachment 1: Burbank Municipal Code Section 5-3-801 License to Sell Firearms at Retail
Attachment 2: Burbank Municipal Code Section 3-4-111 Firearms