INFORMATION ON SAMPLE CA CITIES/COUNTIES WITH FIREARMS RETAILER REGULATIONS Attachment 5 - 1
SAMPLE CA CITIES/COUNTIES THAT HAVE PREVIOUSLY ADOPTED UNCODIFIED URGENCY ORDINANCES FOR FIREARMS
RETAILERS
Interim Regulations in Urgency Ordinance Year
Adopted
Was the Urgency
Ordinance
Extended?
Did they Proceed with a
Zone Text Amendment?
City Of
Oxnard
• Prohibited new firearm retail business. 2018 Yes. Yes.
City Of
Healdsburg
• Prohibited new firearm retail business. 2017 Yes. Yes.
City of San
Carlos
• Prohibited new firearm retail and/or ammunition
business.
2017 Yes. Yes.
County of
Santa Cruz
• Prohibited new firearm retail and/or ammunition
business.
2013 Yes. Yes.
NEIGHBORING CITIES CODIFIED ZONING REGULATIONS FOR FIREARMS RETAILERS
Definitions Zones Allowed Business
License
Process
Entitlement Process
Burbank Definition: “Dangerous or deadly weapons” includes, but is not limited to: any dirk or dagger; any knife with a blade three inches (3") or more in length, and any snap blade or spring blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any
dangerous or deadly weapon within the meaning of any law of this State restricting the use thereof; and any cutting, stabbing or bludgeoning weapon or device capable of
inflicting grievous bodily harm; and any firearm other than one carried pursuant to a valid permit, issued by a duly authorized governmental authority, or an ordinary rifle, shotgun, or handgun lawfully carried for purposes of
hunting or other lawful sport.
Same as General Retail
Uses
BMC: 3-4-111
BMC 5-3-801
None
Attachment 5 - 2
Glendale GMC 9.25.030
Definition: “Firearm”:
1. Means 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.
2. Includes:
a. A firearm, as defined in California Penal Code Section 16520 or any successor legislation.
c. An imitation firearm, as defined in California Penal Code Section 16700(a) or any successor legislation.
“Sale” or “sell”: 1. Means any transaction, with or without the exchange of consideration, which:
a. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or
b. Gives, loans, leases, or delivers a firearm, or
ammunition, or both.
2. Includes the act of placing an order for any of the aforementioned transfers.
GMC: 30.70.070:
Firearms, weapon sales “Firearms, weapon sales” means
the retail sales of guns, ammunition, and related products and accessories.
IMU
(Industrial/Commercial
Mixed-Use Zone)
IMU – R
(Industrial/commercial-
Residential Mixed Use
Zone)
C-2 (Community
Commercial Zone)
C-3 (Commercial Service
Zone)
CR (Commercial Retail
Zone)
CH (Commercial Hillside
Zone)
For the purpose of
calculating Parking,
Firearm/weapon sales are
equivalent to general
retail uses.
GMC: 9.24.010
GMC: 9.24.020
GMC: 9.24.070
None
Pasadena PMC: 8.85.10:
"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.
"Assault weapon" means, except as provided in subsection C of this section, the following: Any semiautomatic action, center fire rifle or carbine which was designed to accept a detachable magazine with a capacity of twenty rounds or PMC 17.50.110 – Home
Occupations: 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
PMC: Article 2
- Chpt. 5.35
(5.35.30)
Conditional Use Permit if
proposed in an IG zone –
in the Commercial
Industrial Zoning District
and East Pasadena
Specific Plan (EPSP)
Subarea D1 District
Attachment 5 - 3
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 Ordinance
PMC 17.80.020:
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.
firearm collector is
allowed.
PMC: 17.24.030
IG (General Industrial) –
Requires a Conditional
Use Permit for approval
Parking is 3 spaces per
1,000 sq. ft.
Los
Angeles
“Firearms” shall be defined as any pistol, revolver, rifle, shotgun or 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, or any device which is capable of being altered so as to expel a projectile in such manner.
“Ammunition” shall be defined as any projectile designed to be expelled through the barrel of a firearm by the force of any explosion or other form of combustion.
The sale of firearms
and/or ammunition in
the C1, C1.5, C2, C4, C5,
CM, M1, M2 and M3
Zones.
(See Entitlement Section)
Article 1
Business
Taxes
Sec. 21.167.1
Sales of
Firearms and
Ammunition
(For every
person selling
any firearms
and
ammunition,
the tax shall be
$106.43 per
year or
fractional part
Sec. 12.24: Conditional
Use permits and Other
Similar Quasi-Judicial
Approvals.
Authority of the Zoning
Administrator for
Conditional Uses/Initial
Decision. The following
uses and activities may be
permitted in any zone,
unless restricted to certain
zones or locations, if
approved by the Zoning
Administrator as the initial
decision-maker or the Area
Attachment 5 - 4
thereof for the
first
$18,000.00 or
less of gross
receipts, plus
$5.91 per year
for each
additional
$1,000.00 of
gross receipts
or fractional
part thereof in
excess of
$18,000.00.)
Planning Commission as
the appellate body:
The sale of firearms
and/or ammunition in the
C1, C1.5, C2, C4, C5, CM,
M1, M2 and M3 Zones. In
addition to the findings
otherwise required by this
section, the Zoning
Administrator shall also
consider whether the
proposed use will result in
an over-concentration of this
use in the area, and the
number of firearms available
for sale at the site.
Attachment 5 - 5
The information below is provided for reference purposes. It is data from a Report Communities on the Move, Local Gun Safety Legislation in California from the Giffords Law Center. The report provides an overview of sample firearms and ammunition retailer regulations that have been enacted by jurisdictions across California. A link to the report is provided below.
Link: https://giffords.org/lawcenter/report/communities-on-the-move-local-gun-safety-legislation-in-california/ SAMPLE FIREARMS RETAILER REGULATIONS1
Special Permit Required to be a Firearm Dealer
Both federal and California law impose requirements for firearm dealers to obtain state and federal licenses. Local jurisdictions can ensure that law enforcement is aware of and monitoring the operation of gun dealers in a community by requiring dealers to get a local license in addition to state and federal licenses.
Jurisdictions that Require Gun Dealers to Obtain a Local License to Operate • Alameda
• Alameda County
• Albany
• Anaheim
• Antioch
• Berkeley
• Beverly Hills
• Campbell
• Carson
• Cathedral City
• Chino
• Chula Vista
• Commerce
• Contra Costa County
• Corona
• Covina
• Daly City
• Diamond Bar
1 The below data on local gun laws is from cities with populations of 90,000 or greater as of 2012 and counties with populations of 500,000 or greater as of 2013, as well as smaller counties and cities that have enacted several gun laws.
Attachment 5 - 6
• El Cerrito
• El Monte
• El Segundo
• Elk Grove
• Emeryville
• Escondido
• Fremont
• Fresno County
• Fullerton
• Glendale
• Glendora
• Hayward
• Hercules
• Industry
• La Puente
• Lafayette
• Lawndale
• Long Beach
• Lomita
• Los Angeles
• Los Angeles County
• Los Gatos
• Lynwood
• Marin County
• Maywood
• Merced
• Millbrae
• Mission Viejo
• Monrovia
• Monterey County
• Moraga
• Morgan Hill
• Oakland
• Oakley
• Orange County
• Oceanside
• Orange
Attachment 5 - 7
• Oxnard
• Pacific Grove
• Pacifica
• Palmdale
• Palo Alto
• Pasadena
• Piedmont
• Pinole
• Pittsburg
• Pleasanton
• Pleasant Hill
• Reedley
• Richmond
• Sacramento
• Sacramento County
• Salinas
• San Anselmo
• San Bruno
• San Bernardino County
• San Carlos
• San Diego
• San Diego County
• San Francisco City and County
• San Joaquin County
• San Jose
• San Leandro
• San Mateo County
• San Pablo
• San Rafael
• Santa Ana
• Santa Barbara
• Santa Barbara County
• Santa Clara County
• Santa Cruz
• Santa Cruz County
• Santa Monica
• Santa Ros
Attachment 5 - 8
• Saratoga
• Scotts Valley
• Solana Beach
• Sonoma County
• South El Monte
• South Gate
• South Pasadena
• Stockton
• Tiburon
• Union City
• Walnut
• West Hollywood
• Westlake Village
Additional Site Security and Safe Storage
California imposes requirements on gun dealers to keep their inventory safe from theft when the business is closed. Some l ocal jurisdictions require dealers to secure their inventory in ways that go above and beyond state law.
Jurisdictions that Require Additional Site Security at Gun Dealers • Alameda
• Albany
• Antioch
• Burbank
• Cathedral City
• Concord
• Corona
• El Cerrito
• Emeryville
• Fremont
• Hayward
• Hercules
• Livermore
• Los Angeles County
• Maywood
• Morgan Hill
• Oakland
• Oakley
Attachment 5 - 9
• Pacifica
• Palm Springs
• Piedmont
• Pinole
• Pleasant Hill
• Richmond
• San Bruno
• San Buenaventura
• San Carlos
• San Diego
• San Francisco City and County
• San Jose
• Santa Ana
• Santa Cruz
• Santa Cruz County
• Santa Monica
• Scotts Valley
• Union City
Requiring Firearm Dealers to Carry Liability insurance
Some local jurisdictions require firearm dealers to carry liability insurance, typically with a minimum coverage of $1 million.
Jurisdictions that Require Gun Dealers to Have Liability Insurance • Berkeley
• Beverly Hills
• Campbell
• Carson
• Cathedral City
• Emeryville
• Fremont
• Hayward
• Lafayette
• Los Angeles
• Los Angeles County
• Los Gatos
• Marin County
Attachment 5 - 10
• Maywood
• Moraga
• Morgan Hill
• Oakland
• Oakley
• Palo Alto
• Pasadena
• Piedmont
• Pinole
• Pleasant Hill
• Pleasanton
• Richmond
• Salinas
• San Anselmo
• San Bruno
• San Carlos
• San Francisco City and County
• San Pablo
• San Rafael
• Santa Cruz
• Santa Cruz County
• Santa Monica
• Tiburon
Home Occupation
Neither federal nor California law prohibit gun dealers from operating out of residential homes. Some local jurisdictions either prevent firearm dealers from being located in residential areas or prohibit firearm sales as a “home occupation” (i.e., a home business).
Jurisdictions that Prohibit Gun Dealers as a Home Occupation • Alameda County
• Albany
• Antioch
• Arcadia
• Artesia
• Berkeley
• Beverly Hills
• Calabasas
Attachment 5 - 11
• Calistoga
• Campbell
• Cathedral City
• Carson
• Chino
• Colma
• Covina
• Contra Costa County
• Daly City
• El Cerrito
• Elk Grove
• Emeryville
• Fairfield
• Fontana
• Fremont
• Fresno
• Hayward
• Hercules
• Hollister
• Inglewood
• La Puente
• Lafayette
• Lancaster
• Long Beach
• Los Angeles
• Los Angeles County
• Los Gatos
• Marin County
• Mission Viejo
• Montebello
• Monterey County
• Moraga
• Moreno Valley
• Morgan Hill
• Newark
• Oakland
• Oakley
Attachment 5 - 12
• Ontario
• Orange
• Oxnard
• Pacifica
• Palmdale
• Palo Alto
• Pasadena
• Pinole
• Pittsburg
• Pleasant Hill
• Pleasanton
• Rialto
• Rosemead
• Roseville
• Salinas
• San Bruno
• San Carlos
• San Francisco City and County
• San Jose
• San Pablo
• San Rafael
• San Ramon
• Santa Clarita
• Santa Cruz
• Santa Cruz County
• Santa Monica
• Santa Rosa
• Sonoma County
• Stockton
• Tiburon
• Union City
• Vacaville
• Vallejo
• Victorville
• Westlake Village
• Westminster
Attachment 5 - 13
Keeping Dealers away from “Sensitive Areas”
Some local jurisdictions prohibit firearm dealers from operating within certain distances of “sensitive areas,” such as schools, day care centers, bars, and parks.
Jurisdictions that Restrict Dealers from Operating near “Sensitive Areas” • Alameda County
• Albany
• Calabasas
• Campbell
• Cathedral City
• Contra Costa County
• Culver City
• Diamond Bar
• El Cerrito
• Emeryville
• Hercules
• Los Gatos
• Monterey County
• Oakland
• Oakley
• Pacifica
• Palo Alto
• Pinole
• Pleasant Hill
• Redondo Beach
• Salinas
• San Buenaventura (same as City of Ventura)
• San Bruno
• San Carlos
• San Francisco City and County
• San Pablo
• San Rafael
• Santa Cruz
• Santa Cruz County
• Santa Fe Springs
• West Hollywood
Attachment 5 - 14
Requiring Dealers to Report Their Inventory
Some local jurisdictions require firearm dealers to periodically report their inventory to law enforcement.
Jurisdictions that Require Firearm Dealers to Report Their Inventory • Beverly Hills
• Campbell
• Emeryville
• Los Angeles
• Oakland
• San Carlos
• San Francisco City and County
• Santa Monica
• West Hollywood
Requiring Dealers to Videotape Sales
Some local jurisdictions require firearm dealers to have a camera system in place that videotapes all firearm sales.
Jurisdictions that Require Firearm Dealers to Videotape Sales • Campbell
• El Cerrito
• Emeryville
• Pleasant Hill
• San Carlos
• San Jose
• Santa Cruz County
• San Francisco City and County
Requiring Dealers to Post Additional Notices
Some local jurisdictions require firearm dealers post additional notices and warnings in addition to what is required by state law.
Jurisdictions that Require Firearm Dealers to Post Additional Notices • Campbell
• Cathedral City
• Emeryville
• Livermore
• Los Angeles
Attachment 5 - 15
• Oakland
• San Carlos
• San Francisco City and County
• San Leandro
• West Hollywood
Prohibiting Unaccompanied Minors and Prohibited Persons from Entering Gun Stores Some local jurisdictions require firearm dealers to deny entrance to unaccompanied minors and other people who are prohibited from owning a gun.
Jurisdictions that Prohibit Unaccompanied Minors from Entering Gun Dealer Premises • Berkeley
• Beverly Hills
• Cathedral City
• Emeryville
• Lafayette
• Marin County
• Moraga
• Oakland
• Piedmont
• Pleasanton
• San Carlos
• San Francisco City and County
• San Rafael
• Tiburon
Requiring Regular Inspections of Gun Dealer Premises
Permitting local law enforcement to periodically inspect gun dealers for compliance with local, state, and federal laws helps prevent gun trafficking. The following four jurisdictions require that gun dealers be inspected by the police regularly.
Jurisdictions that Require Regular Inspections of Gun Dealer Premises • Chula Vista
• Emeryville
• San Carlos
• Union City