Attachment 1 — Burbank City Council, March 28, 2023

1 STAFF REPORT

DATE: July 26, 2022

TO: Justin Hess, City Manager

FROM: Joseph H. McDougall, City Attorney
Michael Albanese, Chief of Police
Patrick Prescott, Community Development Director

SUBJECT: Adoption of an Urgency Ordinance Imposing a Moratorium on New Firearms Retailers in the City of Burbank and Consideration of Proposed Regulatory Frameworks

RECOMMENDATION

1. Adopt AN UNCODIFIED URGENCY ORDINANCE OF THE COUNCIL OF THE

CITY OF BURBANK IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEW RETAIL USES SELLING FIREARMS OR AMMUNITION (Attachment 1) (Requires 4/5th vote for adoption)

2. Consider possible regulatory frameworks for firearm s retailers in the City of Burbank, as well as short-term and long-term actions, and provide direction to staff as necessary.

BACKGROUND
At the February 8, 2022, City Council meeting, staff presented a first step report outlining the current process for retailers to secure a license to sell firearms in the City of Burbank.

Council directed staff to investigate the effects of firearm s retailers and make recommendations on possible regulatory frameworks.

Federal, State, and Local Laws

Federal, state, and local laws govern the sale and possession of firearms. The Gun Control Act of 1968 (GCA) is the primary vehicle for federal regulation of firearms and, among other things, requires individuals dealing in firearms to obtain a Federal Firearms ATTACHMENT 1
A1-1
2 License.1 The GCA bars Federal Firearms Licensees (FFLs) from knowingly selling or transferring a firearm to certain individuals (“p rohibited possessors”) including f elons, unlawful narcotics users, persons with domestic violence restraining orders, and persons experiencing severe mental illness. FFLs are also bound by the minimum age requirements in the GCA and may not sell a shotgun or rifle to individuals under 18 years old or a handgun to individuals under 21 years old. The law further stipulates that FFLs must maintain records of the acquisition, transfer, and disposition of firearms . In accordance with the Brady Handgun Violence Prevention Act of 1993, FFLs must also conduct background check s on firearm s purchasers. In California, firearm s retailers submit information on a prospective buyer to the California Department of Justice (C al DOJ), which serves as a point of contact for the FBI’s National Instant Criminal Background Check System and searches records in relevant national and state databases to confirm whether or not an individual is a prohibited possessor. In 1994, the Violent Crime Control and Law Enforcement Act further required that prospective FFLs submit photographs and fingerprints as part of their application for licensure 2 and certify
that their business complies with all state and local laws, including zoning regulations.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) serves as the federal regulatory body for FFLs, issuing licenses and i nspecting retailers for compliance with national firearms laws by conducting comprehensive, unannounced on- site audits. The Firearms Owners’ Protection Act of 1986 limits these warrantless compliance inspections to one per every 12-month period, and any FFL who refuses to adhere to the examination may lose their license or be denied a renewal. ATF agents may inspect a retailer’s business premises, storage areas, inventory, and acquisition and sales logs, and if found out of compliance, the retailer may be issued a penalty ranging from a warning letter to revocation of their license. During the federal government’s 2020 Fiscal Year (October 2019 to September 2020), the ATF conducted 5,823 audits of retailers nationwide, revoking a total of 40 licenses. The Los Angeles Field Division of the ATF conducted 209 audits and issued 15 warning letters, with no license revocations. Although the ATF posts summary audit data on its website , a udit results for specific retailers are not publicly available but may be obtained through Public Disclosure Requests, which typically take 90 days to process.

At the state level, various laws regulate the activities of firearms dealers in California. 3 In
addition to a federal firearm s license from the ATF, retailers must obtain a Certificate of Eligibility4 (COE) from Cal DOJ, a seller’s permit from the California Department of Tax and Fee Administration, and a valid listing on Cal DOJ’s Centralized List of Firearms Dealers. With few exceptions, California law establishes a minimum age of 21 to purchase a firearm; prohibits an individual from purchasing more than one handgun within a 30-day period; and requires that private party transfers be conducted by a licensed firearms dealer. Prospective buyers must show proof of California residency, possess a valid

1 Bureau of Alcohol, Tobacco, Firearms, and Explosives: National Firearms Act and Gun Control Act 2 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 States Code. 3 California DOJ: 2021 Firearm Laws Summary
4 State law regulating firearm retailers is found in California Penal Code Section 26705, Article 1 License to Sell, Lease, or Transfer Firearms at Retail.

ATTACHMENT 1
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3 Firearm Safety Certificate, and perform a safe handling demonstration in the presence of a Cal DOJ-certified instructor. When conducting a sale, firearms retailers must submit a Dealer Record of Sale (DROS) to Cal DOJ with identifying information for both the retailer and the purchaser, prompting a mandatory 10- day waiting period during which a background check is conducted. All firearms sold or transferred in California by a licensed retailer must also be accompan ied by a Cal DOJ-approved firearms safety device ( i.e., gun safe or lock) in an effort to prevent minors and unauthorized users from accessing or firing the weapon. California law also bans the m anufacture, import, and sale of assault weapons, which includes semiautomatic firearms with large magazines designed for rapid fire, such as AK-47s and AR-15s.

Like the ATF, Cal DOJ conducts independent audits of retailers in the stat e. Every two years, the agency completes an on- site inspection of firearms retailers that includes a spot check of inventory and examination of paperwork. Businesses that fail an audit may receive an administrative write-up or possibly lose their COE, barring them from operating as a firearms retailer in California . Cal DOJ inspection outcomes are not published but may be obtained through a Public Records Act request.

Within the City of Burbank, the licensing and operation of firearms dealers is governed by Burbank Municipal Code (BMC) Section 3-4- 111: Firearms, Section 5-3-801: License to Sell Firearms at Retail, and Section 10-1- 673: Prohibited Occupations (Attachment 2 – BMC Sections). To obtain a local firearms dealer license , business owners must satisfy federal and state licensing requirement s, undergo a review of their business location by the Community Development Department for compliance with zoning laws, and submit to a background check conducted by the Burbank P olice Departmen t. The background check includes a review of a business owner’s driving record, arrest record, and warrant history.

Timeline of Licensed Retailers in the City

As of June 2022, the City of Burbank has 14 licensed firearm s dealers, with the first retailer licensed in 1991 and the two most recent licenses issued in 2021 . From 1991 to 2022, no more than two new licenses have been issued in any single year. Of the 14 licensed dealers in Burbank, 12 operate in a commercial building, while two (C R Enterprises and Speed Shooters) are located at residential addresses (see Attachment 3 – Maps). The original licenses for these two dealers were issued prior to the 1998 BMC change prohibiting such uses in residential locations (BMC Section 10-1- 673). In comparison, the cities of Glendale, Pasadena, and Los Angeles have 10 , three, and 36 firearms dealers, respectively. Based on population size from the 2020 C ensus, the City of Burbank has a higher concentration of firearms dealers per capita than any of the surveyed neighboring cities, with one dealer per every 7,386 residents.

Municipality Firearms Dealers Per Capita Rate
Burbank 14 1 per 7,386 residents
Glendale 10 1 per 19,935 residents
Pasadena 3 1 per 47,339 residents
Los Angeles 36 1 per 110,277 residents
Table 1. Firearms Dealers Per Capita
ATTACHMENT 1
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4 Table 2. Calls for Service by Year
Figure 1: Firearms Dealers in the City of Burbank
Investigation of Potential Negative Secondary Effects

Per City Council’s direction and to inform the c onsideration of possible regulatory frameworks at a local level, staff completed an analysis of crime data to determine whether firearms dealers have an inordinate impact on crime rates in the City of Burbank.

Staff reviewed calls for service (CFS) data and police reports for five complete calendar years (2017-2021), a timeframe in which the number of licensed firearms dealer s increased by 75% (six new licenses issued).

Firearms Retailers as the Subject of Crime

Calls for Service : Between 2017 and 2021 there were 123 CFS originating from or regarding activity in or immediately adjacent to a firearms dealer in the City of Burbank.

This represents 0.09% of the 140,241 CFS that the Burbank Police Department received during this time period.

Year Dealer Citywide %
2017 10 28,946 0.03%
2018 18 27,898 0.06%
2019 31 28,648 0.11%
2020 36 27,392 0.13%
2021 28 27,357 0.10%
TOTAL 123 140,241 0.09%
2009
Aegis (5)
1993 – Big 5 (2)
1994
Speed Shooters (3)
Firing Line (4)

2015
Burbank Ammo
& Guns (8)

2018
RTBA LA (10)
2021
Gun Brothers (13)
LA Firearms Supplies (14)
2010
Guns Direct (6)
Gun World (7)
1991 - C R Enterprises (1)
2019
RSF (11)
Guns LA (12)
2017
Tactical Pro Shop (9)
New Dealer License Issued
ATTACHMENT 1
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5 33
25 12
9 6 6 5 5
3 3 3 3 3 2 1 1 1 1 1
Figure 2: Calls for Service by Type (2017-2021)
The largest category of calls was associated with suspicious activity and includes reporting from firearms dealers of individuals who may be suspect of committing a weapons violation or intend to unlawfully use or obtain a weapon. Of the 123 CFS, 10 resulted in an arrest, 40 culminated in a report documenting the incident with potential follow-up investigation, and 22 ended with an advisal or referral. The highest percentage of calls (34%) were related to Big 5 Sporting Goods, which unlike other firearms retailers in Burbank is a large retail establishment that maintains an expansive selection of sporting equipment beyond firearms and ammunition. 43% of CFS from Big 5 alone occurred in response to potential petty theft incidents and comprises 72% of all CFS regarding theft from or occurring at the premises (store or parking lot) of a firearms dealer.

Retailer Address CFS
Aegis 1004 Magnolia Blvd. 0
Big 5 Sporting Goods 510 N. Victory Blvd. 42
Burbank Ammo & Guns 1313 W. Magnolia Blvd. 22
C R Enterprise 265 W. Providencia Ave. 0
Firing Line 1060 N. Lake St. 11
Gun Brothers 3804 W Burbank Blvd. #B 0
Gun World 2412 W. Magnolia Blvd. (former location)
3800 W. Magnolia Blvd. (current location)
11 Guns Direct 1521 W. Magnolia Blvd. 10
Guns LA 3906 W. Burbank Blvd. 8
LA Firearms Supplies 1212 W. Magnolia Blvd. 0
Redstone Firearms 916 W. Burbank Blvd. Suite X 13
RTBA LA 2319 Olive Ave. Suite A 0
Speed Shooters 1734 N. Evergreen St. 0
Tactical Pro Shop 3503 W. Burbank Blvd. 6

Table 3. Calls for Service by Retailer (2017-2021)
ATTACHMENT 1
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6 Reported Incidents: Between 2017 and 2021 , there were 53 incidents resulting in an arrest, citation, mental health hold, or documentation of criminal activity at eight of the 14 firearms dealer locations. These incidents were reported as part of the Burbank Police Department’s response to a call for service and include incidents reported at the front counter or documented as part of an investigation.

In several incidents, the firearms dealer itself was the target of a crime such as theft, robbery, burglary, vandalism, or graffiti. Of all 24 incidents of theft, robbery, or burglary at a dealer location, two involved the theft of a firearm. Other major categories include fraud relating to a transaction or identity theft, as well as miscellaneous crimes including documentation of suspicious activity or threats against a firearm s dealer. Of note, there has been one incident at the Firing Line Indoor Shooting Range in the last five years where a firearm was rented and used at the range to commit suicide.

Retail Crime: Narrowing the analysis, staff compared the level of retail crime at firearms businesses from 2017 through 2021 to overall retail crime citywide for the same period.

Year Dealer Hobby Lobby 7-Eleven Citywide
2017 2 5 1 194
2018 7 4 1 141
2019 4 4 4 158
2020 4 1 4 138
2021 7 5 3 176
2 1
3 2
1 1
9 1
1 2
5 2
1 1
1 2
1 1
4 1 1
1 1
1 1
2 1 1
1 1
0 2
4 6
8 10
12 14
16 BURBANK
AMMO &
GUNS
GUN
WORLD
GUNS
DIRECT

GUNSLA REDSTONE

FIREARMS

TACTICAL

PRO SHOP
BIG 5 FIRING
LINE
ADW

BURGLARY
DRUGS
DUI
FRAUD

GRAFFITI/TAGGING

INDECENT EXPOSURE

MENTAL HEALTH HOLD

MISCELLANEOUS

ROBBERY

SUICIDE
THEFT

VANDALISM

WEAPONS VIOLATION
Figure 3: Incidents by Location and Type (2017-2021)
Table 4. Retail Crime (2017-2021)
ATTACHMENT 1
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7 45% of incidents occurring at a firearms retailer can be attributed to retail crime, such as petty theft, grand theft, robbery, and burglary. However, the number of these incidents at firearms dealers is comparable to other retail locations in the City, such as Hobby Lobby (641 N Victory Blvd) or 7- Eleven (600 N Hollywood Way). Furthermore, the number of retail crime incidents at firearms dealers was significantly less compared to overall retail crime in Burbank, even adjusting for large retailers that experience or have experienced a high rate of retail crime such as Costco, Target, Walmart, and Fry’s Electronics.

Firearms Retailers as the Source of Crime

Proximity Crimes: To determine the potential secondary effects of firearms dealers on the surrounding community, staff tabulated all “proximity crimes” between 2017 and 2021.

These crimes occurred within a 500-foot radius of a licensed firearms dealer and exclude incidents occurring at the dealer’s address. Noting that the occurrence of a crime in the vicinity of a firearms dealer may not necessarily entail causality , there were a total of 1,066 unique proximity crimes over a five-year period for all 14 licensed dealers

5. The top
five categories of crime occurring in the vicinity of a firearms dealer in Burbank include narcotics violations, retail-related theft, fraud, assault, and vandalism.

However, these categories of crime may not be unique to areas surrounding firearms dealers as a comparative analysis for the same timeframe indicates that they also constitute top categories of proximity crime at other retail locations in the City .

Consequently, the prevalence of these crimes in the vicinity of firearms dealers may reflect citywide trends. Of note, most firearms retailers in the City of Burbank are located along major commercial corridors and thoroughfares. Incidents of crime in the vicinity of

5 Although they hold a retail license, not all FFLs in the City of Burbank engage in the sale of f irearms, such as Tactical Pro Shop, which primarily services the film industry, and Firing Line , which rents firearms and sells ammunition for use on-site.
46 2
90 59
16 46
17 249
99 41
14 5
220
70 30
62 Figure 5. Proximity Crime Totals by Category (2017-2021) ATTACHMENT 1
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8 a firearms retailer may be identified and reported through a call for service, routine patrol activity, or traffic stops. Proximity crimes may occur for a variety of social, economic, and environmental reasons, and the occurrence of crime does not necessarily indicate a nexus to a firearms retailer, since an individual committing a crime may not frequent a firearms retail location or utilize their products to perpetrate a crime.

Gun Crimes: Staff also examined the prevalence of “gun crimes”, defined as criminal actions involving anything from the brandishing of a gun up to and including the discharge of a firearm. Between 2017 and 2021, there were 260 instances of gun-related violations, threats, or violence in the City of Burbank, with 67 occurring in 2021. For comparison, the cities of Glendale and Pasadena report 163 and 99 incidents of gun crimes in 2021, respectively.

The graph below depicts the rate of gun crimes compared to the number of gun stores per year between 2017 and 2021 in the City of Burbank. Between 2017 and June 2022, the Burbank Police Department recovered 493 firearms during response to or investigation of a crime. Weapons may
be recovered on scene for multiple
reasons, including possession by a
prohibited possessor, unlawful use of a
weapon, violation of concealed carry
laws, ownership by a deceased victim,
safekeeping due to a domestic violence
incident, and possession of a stolen
weapon. Two firearms original ly
purchased from dealers in the City of
Burbank were used in two separate
criminal incidents, an assault with a
deadly weapon (ADW) in 2019 in which
a firearm was brandished during a
domestic dispute and during an
attempted murder in 2022 where a
firearm was discharged.

Currently, regional data on gun crimes is not readily available. H owever, in 2021 the California legislature passed AB 1191, which requires Cal DOJ to publish an annual report beginning July 1, 2023 that traces any firearm that is illegally used or possessed in a crime to the California licensed dealer that originally sold the firearm.

Staff also reviewed other forms of gun-related crimes in the City of Burbank. In the past five years, the Department has recorded a total of 62 guns stolen in 23 residential burglaries and 14 vehicle burglaries. Communi ties nationwide have also seen the City Dealers Per Capita Rate
Burbank 14 6 per every 10,000 people
Glendale 10 8 per every 10,000 people
Pasadena 3 7 per every 10,000 people
Figure 6. Gun Crimes by Year (Burbank)
Table 5. Gun Crimes Per Capita (2021)
ATTACHMENT 1
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9 emerging use of ghost guns in the commission of violent crime. Ghost guns are defined as non-serialized, untraceable firearms, often assembled from parts purchased online. In 2021, the Burbank Police Department r ecovered 20 ghost guns during an arrest or criminal investigation . As of the end of June 2022, the Department has recovered 1 2 ghost guns this year.

DISCUSSION
Heightened community concerns regarding firearms have prompted federal, state, and local governments to consider options to mitigate gun violence. New laws at the state level ban the marketing of any firearms-related products in a manner that appears to be designed or intended for minors (Assembly Bill 2571), as well as outlaw the sale of firearm kits used to build untraceable guns (Assembly Bill 1 621). Following a recent Supreme Court decision, Senator Portantino introduced SB 918 which seeks to create a standardized process for the approval of concealed car ry (CCW) permits in California, establishes new gun storage and training requirements for permit holders, limits public sites where a permit holder may carry a firearm, and sets a minimum age of 21 to apply for a CCW permit .6 Congress recently passed and President Biden signed into law t he Bipartisan Safer Communities Act, which increases funding and resources for access to mental health care for children, institutes a three-day waiting period and juvenile records check for firearms purchasers under the age of 21, adds significant criminal penalties for firearms traffickers, and suspends the right to purchase a firearm for a period of five years after a misdemeanor conviction for domestic violence.

In line with the City’s Legislative Platform and prior Council action, the City of Burbank will continue to advocate support for measures that seek to reduce gun violence.

Furthermore, at a local level several immediate, short-term, and long-term options exist that Council may consider to address community concerns regarding firearms and firearms retailers.

Proposed Next Steps

Governments at all levels have a substantial interest in protecting people from those who use firearms, whether acquired lawfully or illegally, to commit crimes resulting in injury or death. The Second Amendment to the United States Constitution protects an individual’s right to bear arms and is a principal argument in litigation against gun control measures.

Notably, the U.S. Supreme Court has ruled against local bans on certain firearms (District of Columbia v. Heller, 2008 & McDonald v. Chicago, 2010) citing the right to self-defense as a central component of the Second Amendment.

Local jurisdictions across California have adopted a variety of ordinances with regulations ranging from liability insurance and additional site security requirements for firearms retailers to prohibitions on unaccompanied minors entering firearms businesses. 7 In Suter
v. City of Lafayette the California Court of Appeal held that state law authorizes local governments to impose additional licensing requirements on firearms and ammunition

6 SB 918 is progressing through the legislative process and was last referred to the Assembly Appropriations Committee on June 29, 2022.
7 Giffords Law Center: Local Gun Safety Legislation in California ATTACHMENT 1
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10 dealers. A n Alameda County ordinance prohibiting gun stores within 500 feet of any school, liquor store, or residence was upheld in Teixeira v. Cou nty of Alameda, which ruled that imposing conditions and qualifications on the commercial sale of arms, specifically regulating the location of these businesses, was presumptively lawful as long as it did not meaningfully restrict an individual’s legal access to firearms.

The City is authorized by Article XI, Section 7 of the California Constitution to make and enforce all local, police, and other ordinances and regulations not in conflict with general laws. Local jurisdictions across the state have adopted zoning ordinances and business regulations that govern the sale of ammunition and firearms, and several municipalities have adopted moratoria on an urgency basis prohibiting new firearms or ammunition retailers while such ordinances or regulations are studied and considered. The neighboring cities of Glendale, Pasadena, and Los Angeles have established specific zoning designations and locations where firearm retail uses are allowed; in specific instances Pasadena and the City of Los Angeles require the approval of a Conditional Use Permit (CUP) or approval from a decision- making body before a firearm retail use can operate (Attachment 4 – Zoning Regulations).

Under the City’s current zoning regulations , firearms stores are allowed by -right in all commercial zones that allow general retail uses. Firearms retailers apply for and operate under a business license that indicates their use as a “Firearm s Dealer”. Currently , firearms retailers are concentrated along commercial corridors throughout the City of Burbank, and many are adjacent to residential neighborhoods and sensitive uses that include amongst other things, schools, child day care facilities, and places of public assembly including places of worship, public parks, and libraries (Attachment 3 - Maps).

Burbank community members have raised questions and concerns about the number of firearms retailers in the City, specifically their adjacency to residential neighborhoods and sensitive-use locations.

Absent zoning regulations that may include, but are not limited to, buffer zones and distance separation requirements, the City could see a proliferation of these types of retail uses within its commercial corridors. Of concern is the potential for the City to gain a reputation as a “one-stop shop” for firearms retailers as these businesses have tended to congregate near each other. Due to security requirements, these business es tend to eliminate store front windows or cover them over with metal security and/or scissor gates and have security cameras and large fencing to harden a site against potential theft. In doing so, the proliferation of these retail uses could create a less than attractive storefront appearance along critical commercial corridors where the City would like to preserve a pedestrian friendly environment in which retail stores, restaurants, and offices open onto the street.

In addition, current regulations have the potential to result in new firearms or ammunition retail stores that could, in the long run, displace other neighborhood-serving retail uses from commercial tenant spaces and therefore impact the City’s effort to preserve an inviting aesthetic along critical commercial corridors.

ATTACHMENT 1
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11 Temporary Moratorium on Firearm/Ammunition Retail Uses

Current regulations in the BMC concerning the land use or licensing requirements for the retail sale of firearms and ammunition do not sufficiently address the trend of increased concentration of these uses along critical commercial corridors . This raises concerns for sustainable and economically diverse retail areas in the community. Pursuant to Government Code Section 65858, the Burbank City Council may impose a moratorium for 45 days prohibiting the establishment of new retail businesses selling firearms or ammunition to allow staff time to study , analyze, and propose potential land use regulations concerning firearms retailers, including:

• Limiting or reducing the number of firearm re tailers in the City by suspending the issuance of new licenses and allowing the number of retailers to decline over time through attrition;
• Amending the business license process governed by BMC Section 3-4- 111 to establish additional require ments for firearms retailers, such as successful ly passing an audit by a state or federal agency as a condition of license renewal

8. Council may further consider implementation of local inspections regarding inventory, storage, site security, and transaction procedures; and • Adopting a Zone Text Amendment to enact buffer zones and prevent the establishment of firearms retailers near sensitive-use locations.

Staff would evaluate appropriate locations for firearms retail establishments in the City and assess possible health and safety regulations for these businesses in relation to neighboring uses. Adoption of the urgency ordinance and possible consideration of a subsequent Zone Text Amendment would provide the City the ability to create comprehensive zoning regulations for the placement of future firearms and ammunition retailers. Without a temporary moratorium and absent extensive zoning regulations that govern the location of future firearms retail uses, new firearms retail establishments may result in c ompatibility issues with surrounding land uses and put the City a t risk of impairing its substantial interests in economically sustainable development, community health and perceptions of safety, and public image.

Staff recommends the City Council adopt the proposed urgency ordinance (Attachment 1) establishing a moratorium on the issuance of new licenses for firearms dealers. Charter Section 500 authorizes the City Council to adopt an urgency ordinance as an emergency measure to preserve the public health, safety, and general welfare.

CEQA Compliance

The proposed urgency ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3). CEQA applies only to projects which have the potential for causing a significant effect on the environment.

8 Granting of a business license is a ministerial process, and compliance may be managed via the administrative citation procedure. Furthermore, federal and state regulatory agencies may revoke a retailer’s license if the business is not compliant with federal, state or local regulations.

ATTACHMENT 1
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12 Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Therefore, it is the City’s determination that this ordinance will not have a significant effect on the environment and is not subject to CEQA.

Other Short-Term and Long-Term Options

The enforcement of firearms laws and the prevention of gun violence often require the cooperation of multiple governmental and community organizations. The Burbank Police Department continues to work with state and local agencies in this endeavor. In 2006, California became the first state to monitor individuals who legally purchased or acquired firearms and later became prohibited from owning or possessing them. The State of California Bureau of Firearms (BOF) maintains an Armed and Prohibited Persons System (APPS) database and coordinates with local law enforcement agencies to conduct surveillance, serve warrants, make arrests, and confiscate weapons from prohibited possessors. The Burbank Police Department has participated in joint operations with the BOF and maintains communication with the state agency regarding future collaborative efforts. In the past, BOF has also provided grant funding to assist local law enforcement in off-setting additional costs to support these enforcement efforts.

In partnership with the Los Angeles County Department of Mental Health, the Burbank Police Department also maintains a Mental Health Evaluation Team (MHET). MHET is a co-response model that pairs a police officer with specialized training and a licensed clinical social worker to conduct crisis response, case management, consultation, training, and education pertaining to members of the community experiencing mental illness. MHET plays a large part in the Department’s collaboration with the Burbank Unified School District to develop and maintain a threat assessment model. The joint effort involves school officials and staff, law enforcement, and mental health professionals that work to maintain a safe school climate and address behaviors or communications that may pose a serious threat of violence. The Department will continue to coordinate with the school district to enhance the program, pursue best practices, and remain agile in assessing and responding to potential threats.

In addition to a temporary moratorium on new firearms retail establishments, Council may direct staff to pursue other short -term and long- term options to address community concerns regarding firearms.

Educational Campaign – Through its newsletter, press releases, social media platforms, and community engagement, the Burbank Police Department facilitate s numerous awareness campaigns on a variety of public safety topics, from safe driving habits to crime prevention strategies. Utilizing social media and school and community outreach events, the Burbank Police Department can enhance general firearms safety education initiatives and provide information to increase awareness of e xisting programs that promote the safe and responsible handling of a firearm. These programs include:

• Gun Lock Program - Community members can request a free gun lock at the front counter of the Police Department lobby.

ATTACHMENT 1
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13 • Safe Storage Program - Firearms may be turned in and stored for safekeeping for a modest fee.
• Firearms Surrender/Destruction Program – Unwanted firearms may be surrendered for destruction.

Red Flag Procedure – In 2016, California implemented a Red-Flag law that established a process for law enforcement, family members, co-workers, employers, and teachers to seek a Gun Violence Restraining Order (GVRO) to temporarily remove access to firearms and ammunition from an individual at significant risk of self-harm or harming others. The Department currently has a policy that governs the pr ocess whereby an officer may petition the court for a GVRO, and the Department has successfully sought two orders in the past five years. This legal instrument can be vital for victims of domestic violence, and the Department can improve community awareness of the process.

Ghost Gun Ordinance – At a national level, the U.S. Department of Justice recently launched the National Ghost Gun Enforcement Initiative to prioritize federal prosecution of individuals who use ghost guns in the commission of a crime. In 2021, the City of San Diego adopted an ordinance prohibiting the purchase or sale of parts of firearms that lack serial numbers and enabling misdemeanor prosecution for violators . The City Council may consider institution of a similar ordinance to regulate ghost guns.

Gun Buyback Program – The City of Burbank does not currently have a g un buyback program; however, several cities and counties have implemented such initiatives in the past year. Typically, law enforcement agencies have coordinated with non-profits or local government to hold a one- day event where residents can turn in firearms and/or ammunition for various incentives, including gift cards and cash. Notably, the City of Los Angeles facilitates an annual event through the Mayor’s Office of Gang Reduction and Youth Development; at its March 2022 event, the city recovered 235 firearms. Council may consider implementation of such a program in the City of Burbank; however, several questions need to be addressed relating to program funding, the type of monetary incentive to provide, program eligibility, the degree of anonymity for program participants, program effectiveness, and legal and procedural implications.

FISCAL IMPACT
Adoption of the proposed Urgency O rdinance (Attachment 1) imposing a temporary moratorium on new firearms and ammunition retail businesses would not impact the City’s ability to collect Business License fees and property taxes from the existing firearm retail businesses already established. Implementation of a g un buyback program will require additional appropriation to provide monetary incentives for public participation, as well as cover staffing costs. Additional costs may also be incurred to research and develop ordinance(s) should Council seek to pursue certain long-term options listed in this report.

CONCLUSION
Per Council’s direction, staff conducted an analysis of the potential secondary effects of firearms dealers and is proposing immediate, short -term, and long- term actions for Council consideration. While a review of available data does not indicate that firearms dealers/retailers create an inordinate demand for public safety services, their congregation along critical commercial corridors raises concerns for sustainable and ATTACHMENT 1
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14 economically diverse retail areas in the City. Adoption of the U rgency Ordinance to impose a temporary moratorium on new firearms retail uses would allow staff time to research this issue and present a comprehensive zoning proposal so Council may consider various regulatory frameworks for firearms retailers. S taff further recommends the City Council consider additional short -term and long- term options, such as implementation of an educational campaign, a gun buyback program, and a ghost gun ordinance, and direct staff to return with further information as necessary.

ATTACHMENT
Attachment 1 – Urgency Ordinance
Attachment 2 – Burbank Municipal Code Sections
Attachment 3 – Maps of Licensed Firearm Dealers/Retailers in the City of Burbank Attachment 4 – Neighboring Cities Zoning Regulations and Licensed Firearms Dealers Attachment 5 – Correspondences Received
Correspondences
ATTACHMENT 1
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STAFF REPORT

DATE: July 26, 2022

TO: Justin Hess, City Manager

FROM: Jose ph H. McDougall, City Attorney
Patrick Prescott, Community Development Director
Michael Albanese, Chief of Police

SUBJECT: Update to Attachment 1 of Staff Report regarding the July 26, 2022 City Council Meeting Agenda Item No. 8 – Adoption of an Urgency Ordinance Imposing a Moratorium on New Firearms Retailers in the City of Burbank and Consideration of Proposed Regulatory Frameworks

This memo is to update Attachment 1 of the Staff Report regarding the July 26, 2022 City Council Regular Meeting Agenda Item No. 8 – Adoption of an uncodified Urgency Ordinance Imposing a Moratorium on New Firearms Retailers in the City of Burbank and Consideration of Proposed Regulatory Frameworks . The update to Attachment 1 is to clarify that the proposed urgency ordinance is an imposed moratorium for new or replacement retail uses that are licensed to sell firearms or ammunition. Below are excerpts of the changes to Attachment 1:

AN UNCODIFIED URGENCY ORDINANCE OF THE COUNCIL OF THE

CITY OF BURBANK IMPOSING A MORATORIUM ON THE

ESTABLISHMENT OF NEW OR REPLACEMENT RETAIL USES
SELLING FIREARMS OR AMMUNITION.

This urgency ordinance imposes a temporary moratorium on the establishment of new or replacement retail uses selling firearm or ammunitions.

COMMUNITY

DEVELOPMENT
ATTACHMENT 1
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of firearms and ammunition during the moratorium, the City will be able to best tailor future regulations to the

4. The current regulations, have the potential to result in new or replacement gun or ammunition retail stores that can displace other neighborhood serving retail and service commercial uses from tenant spaces and therefore create a threat to critical commercial corridors and the City’s effort to preserve aesthetically inviting storefronts and pedestrian- friendly retail, restaurants and offices in such spaces, which have historically been the lifeblood of the community and a beacon to visitors where we allow new firearm and ammunition retail sale without regulation or consideration for their location.

6. This moratorium is necessary to prevent irreversible issuance of permits, business licenses, and developments that could have a detrimental effect on the health, safety and welfare of the community. Without it, the potential exists that establishment of new or replacement commercial operations engaged in the retail sale of firearms or ammunition within the City without addressing appropriate regulation could result in incompatibility of land uses and adverse impacts on residents, businesses and neighborhoods that present a current and immediate threat to the public health, safety, and welfare.

A. MORATORIUM
The City Council does hereby, pursuant to Government Code Section 65858, impose a moratorium for forty-five (45) days prohibiting the establishment of new or replacement retail businesses selling firearms or ammunition.

B. PENDING APPLICATIONS
As to applications for permits for a new or replacement retail use selling firearms and or ammunitions stores in the City, which have been accepted as complete, processing and review of such applications may continue, but shall not be finally approved during the pendency of this Ordinance or any extensions thereof.

The updated Attachment 1 is attached to this memo.

Attachment
Attachment 1 – Urgency Ordinance

ATTACHMENT 1
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Eff.: ORDINANCE NO.

AN UNCODIFIED URGENCY ORDINANCE OF THE COUNCIL OF THE

CITY OF BURBANK IMPOSING A MORATORIUM ON THE

ESTABLISHMENT OF NEW OR REPLACEMENT RETAIL USES
SELLING FIREARMS OR AMMUNITION.

City Attorney’s Synopsis

This urgency ordinance imposes a temporary moratorium on the establishment of new or replacement retail uses selling firearm or ammunitions.

THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:

A. Governments at all levels have a substantial interest in protecting the people from those who acquire guns lawfully or illegally and then use them to commit crimes resulting in injury or death of their victims, or who use them in the commission of other crimes such as robbery, sexual assault or homicide, particularly mass shootings such as those that h ave occurred since 2017 in Chicago, Illinois; Thousand Oaks, California; Pittsburgh, Pennsylvania; Perryman, Maryland; Bakersfield, California; Cincinnati, Ohio; Annapolis, Maryland; Santa Fe, Texas; Nashville, Tennessee; Parkland, Florida; Melcroft, Pennsylvania; Rancho Tehama, California; Sutherland Springs, Texas; Boulder, Colorado; Edgewood, Maryland; Las Vegas, Nevada; El Paso, Texas; Buffalo, New York; Uvalde, Texas, as well as the many other mass shootings over the past several years.

B. Fourteen (14) retail establishments that are licensed to sell firearms and ammunition currently operate in the City of Burbank, while neighboring cities of Glendale, Pasadena and Los Angeles have Ten (10), Three (3), Thirty-Six (36), respectively, making Burbank the City with the most retailers of firearms and ammunition per capita than any of these nearby municipalities at a rate of 1 firearm retail store per every 7,386 residents.

C. Under the City’s current zoning regulations retail firearm stores are allowed by-right in all commercial zones that allow general retail uses.

D. Many of the commercial zones where existing and future retail firearm stores are located are adjacent to residential neighborhoods and other uses that include amongst other things, schools, child day care facilities, places of public assembly including places of worship, public parks and libraries.

E. The City is authorized by Article XI, Section 7 of the California Constitution to make and enforce all local, police, and other ordinances and regulations not in conflict with general laws.

F. The City Council finds and declares that it has questions and concerns about the proliferation of this type of land use in the City, adjacent to residential neighborhoods and in proximity to schools, child day care facilities and places of public assembly and seeks to analyze the current regulations and alternative regulations and administrative ATTACHMENT 1
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procedures to ensure the future locations of retail establishments that sell firearms and ammunitions do not detrimentally impact the health, s afety and welfare of residential neighborhoods and other, specific uses.

G. The City Council finds that it is necessary for the City staff to study, develop, and propose for review by the Planning Board and adoption by the City Council regulations within a reasonable time regarding the establishment of a separate land use for the retail sales of firearms and ammunition and additional land use regulations for the use in the City of Burbank.

H. The City Council finds that given the potential deleterious effect an otherwise lawful but unregulated business selling ammunition or firearms can have on other incompatible neighboring uses, passage of this interim urgency ordinance will provide City staff sufficient time to research this issue and present a comprehensive zoning proposal to help ensure that the establishment of a retail sales use engaged in the sale of firearms or ammunition within the City will not be located as to be detrimental to the public health, safety and welfare.

I. The City Council finds that other California cities have adopted zoning ordinances and business regulations that govern the sales of ammunition and firearms, and several municipalities, have adopted moratoria on an urgency basis prohibiting new commercial sales of ammunition or firearms while such ordinances or regulations are studied and considered.

J. In the absence of a moratorium, there is no way to study and consider the appropriate location of retail establishments that sell firearms in the City, and the nature and extent of health and safety regulations that could be imposed on such businesses due to the nature of the products they sell in relation to neighboring uses, thus impairing the City’s substantial interests in economically sustainable development, health, public safety, vitality, and image of the City.

K. The City Council has determined that the adoption of this ordinance is categorically exempt from CEQA pursuant to Section 15061(b)(3).

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

2. The City of Burbank Municipal Code does not include adequate regulations concerning the land use or licensing requirements for the retail sale of firearms and ammunition, but instead considers these uses with other general retail uses.

3. Maintaining the status quo zoning regulations has the potential to result in the further proliferation of new or replacement retail uses that sell firearms or ammunition without the proper analysis of any potential impacts to public health, safety, and welfare. By studying and analyzing our local land use regulations for the retail sale of firearms and ammunition during the moratorium, the City will be able to best tailor future regulations to the
ATTACHMENT 1
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needs of our community in order to protect public health, safety, and welfare.

5. In Suter v. City of Lafayette , 57 Cal. App. 4th 1109 (1997), the California Court of Appeal held that State law authorizes local governments to impose additional licensing requirements on firearms and ammunition dealers.

7. The City Council finds it is necessary to adopt this Urgency Ordinance pursuant to Government Code 65858 with the interim development controls as follows:

B. DEFINITIONS
For purposes of this urgency ordinance the terms below are defined as follows:

“Firearm” shall mean 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 other form of combustion, or any device which is capable of being altered so as to expel a projectile in such manner.

“Ammunition” shall mean any projectile designed to be expelled through the barrel of a firearm by the force of an explosion or other form of combustion.

“Firearm or Ammunition Sales” shall mean 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 or related products.

C. ENVIRONMENTAL ANALYSIS
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This urgency ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Therefore, it is the City’s determination that this ordinance will not have a significant effect on the environment and is not subject to CEQA.

D. PENDING APPLICATIONS

As to applications for permits for a new or replacement retail use selling firearms and or ammunitions stores in the City, which have been accepted as complete, processing and review of such applications may continue, but shall not be finally approved during the pendency of this Ordinance or any extensions thereof.

8. This urgency ordinance shall be introduced, passed and adopted at one and the same meeting and shall become effective immediately upon the adoption thereof, and shall expire and be of no further force and effect after forty -five (45) days from the date of its adoption, unless further extended on or before this forty-fifth (45th) day.

9. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

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10. The City Clerk shall certify to the passage of this Ordinance and cause this Ordinance to be published, within fourteen days of the adoption hereof, once in a newspaper of general circulation, published and circulated in the City of Burbank, California.

PASSED AND ADOPTED this day of , 2022.

Jess A. Talamantes
Mayor

Approved as to Form:

Attest: Office of the City Attorney

By:

Zizette Mullins, MMC, City Clerk Joseph McDougall
City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the , 2022, by the following vote:

AYES:

NOES:

ABSENT:
day of

I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on , 2022.

Zizette Mullins, MMC, City Clerk
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Burbank Municipal Code
Sections Relating to Firearms

Section 3-4-111: Firearms

Every person engaging in the business of selling or otherwise transferring, or renting, or advertising for sale, or offering or exposing for sale or transfer or rental at retail, pistols, revolvers, or other firearms, shall pay for revenue purposes a license fee in the amount set forth in the Burbank Fee Reso lution. [Formerly numbered Section 8-14; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

Section 5-3-206: Replica Firearms

A. Prohibition of Sale: No person shall disp lay, market for sale, or sell any replica or facsimile of a firearm in the City. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design featur e, cannot reasonably be perceived to be a real firearm.

B. Brandishing: Except in self-defense, no person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry, or threatening manner, with the intent to frighten, vex, harass, or annoy any other person.

C. Brandishing a Replica Firearm in Presence of a Public Safety Officer: No person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician, or paramedic engaged in the performance of his or her duties, and the person committing such brandishing knows or has reason to know that such police officer, firefighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties.

D. Definitions:

FIREARM: Shall have the same meaning as the term “firearm” under the Dangerous Weapons Control Law of the State of California.

REPLICA OR FACSIMILE OF A FIREARM: Any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed off shotgun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be a real firearm.

E. Effective Date: The provisions of subsection A of this section shall not become effective or enforceable until January 1, 1988. [Added by Ord. No. 3085; formerly numbered Section 20-23; renumbered by Ord. No. 3058, eff. 2/21/87.]

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Section 5-3-801: License to Sell Firearms at Retail

Any person engaging in the business of selling or otherwise transferring, or renting, or advertising for sale, or offering or exposing for sale or transfer or rental at retail, pistols, revolvers, or other firearms capable of being concealed upon the person, shall obtain the license required by Title 2, Chapter 1, Article 4, of the Penal Code of the State of California from the Community Development Department, the purpose of this section being to provide for the granting of the lo cal license prescribed by Section 12071 and amendments thereto of said Penal Code. No license shall be issued by the Community Development Department hereunder unless first approved by the Chief of Police, in writing. Said license shall be in form as prescribed by the Attorney General and subject to the conditions prescribed by Section 12071 and amendments thereto of the Penal Code of the State of California. [Forme rly numbered Section 20-57; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

Section 5-3-802: Unlawful to Sell Without Prior Notice to Chief of Police

No person shall sell, deliver or otherwise transfer any pistol, revolver, or other firearm capable of being concealed upon the person, to any person without notifying the Chief of Police of the intended sale or transfer at least twenty four (24) hours before the transfer is made, giving the name and address of the transferor, a description of the firearm, and the name and address of the transferee. [Formerly numbered Section 20- 58; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 5-3-803: Permit to Discharge Firearms and Other Weapons

No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm, or any air gun, air rifle or air pistol, or any spring gun, spring rifle or spring pistol, or any carbon dioxide or other gas operated gun, rifle or pistol without first having obtained a permit from the Chief of Police so to do.

Any permit issued by the Chief of Police under this section shall state the purposes for which issued, time or times for shooting, and date of expiration. No permit shall be valid for a period in excess of seven (7) days.

The provisions of this section shall not apply to a peace officer in the performance of his duty, nor to any person:

A. While shooting in a municipally licensed or municipally owned or operated shooting gallery, pistol or target range; or

B. While shooting in any place or location approved, in writing, by the Chief of Police for target practice or shooting; or

C. While shooting in and as a part of an adult supervised training program or curriculum of any public or private school or club or association organized for instruction in the use of firearms; or

D. While lawfully defending life or property. [Formerly numbered Section 20-59; renumbered by Ord. No. 3058, eff. 2/21/87.]

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Section 5-3-804: Concealed Weapons, Permit Fee

No person, except a peace officer, shall wear, or in any manner carry, concealed upon his person any loaded or unloaded gun, pist ol or revolver, or any other dangerous or deadly weapon without having, at the same time, actually in his possession and upon his person, a permit so to do from the Chief of Police. Such permits shall be numbered, consecutively, in the order in which they are issued. No permit shall be granted for a longer period than one year. Each such perm it shall be in a form prescribed by the Attorney General and shall state the name, occupation, residence, and business address of the applicant, his age, height, weight, color of eyes and hair; and reason for desiring a license to carry the weapon. Such license shall, in addition, contain a description of the weapon or weapons authoriz ed to be carried, and if a firearm give the name of the manufacturer, the serial number and the caliber. No person shall be issued a permit under this section without payi ng the City a registration fee of three dollars ($3.00). [Formerly numbered Sectio n 20-60; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 5-3-805: Records of Licenses and Permits

The Chief of Police shall keep a record of all licenses and permits issued under this article. [Formerly numbered Section 20-61; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 5-3-806: Dangerous or Deadly Weapons

A. 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. It shall not include an official Boy Scout knife or similar knife acquired for and used for the Boy Scouts of America program or Girl Scout program or any similar nationally recognized youth program.

B. Loitering with Concealed Weapon: No person shall, while carrying concealed upon his person any dangerous or deadly weapon, loaf or loiter upon any public street, sidewalk or alley or wander about from place to place with no lawful business to perform, or hide, lurk or loiter upon or about the premises of another.

C. Fighting with Concealed Weapon: No person shall, who has concealed upon his person or who has in his immediate physical possession any dangerous or deadly weapon, engage in any fight or participate in any rough or disorderly conduct upon any public place or way or upon the premises of another.

D. Loitering with Concealed Weapon Where Intoxicating Liquor Sold: No person shall, who has concealed upon his person any dangerous or deadly weapon, ATTACHMENT 2-3
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loiter about any place where intoxicating liquors are sold or any other place of public resort.

E. Carrying Weapon in Automobile; Except ions: No person shall have in his possession, in any automobile, any da ngerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation. [Formerly numbered Section 20-62; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 5-3-807: Sale of Ammunition to Minors

No person shall sell, exchange, give or loan to any person under sixteen (16) years of age any ammunition, cartridge, shell, pellets, BB shot, shot or other missile designed for use in any firearm or spring or air g un or gas operated gun of any description.

Shooting galleries and ranges may furnish ammunition to persons under sixteen (16) years of age to be expended at the gallery or range under the supervision of a responsible adult, provided the parent or guardian personally appears and consents in writing. [Formerly numbered Section 20-63; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 5-3-808: Possession of Firearms by Minors

A. No person under sixteen (16) years of age shall have in his possession any firearm, spring gun, air gun or gas operated gun, or ammunition for such weapons.

This section shall not apply to a minor under the age of sixteen (16) years when engaged in shooting as provided for in Se ction 5-3-803 of this article, or when traveling to and from any of the places mentioned in subsections 5-3-803A, B. and C of this article for the purposes of shooting.

B. Other Dangerous Devices: No person under sixteen (16) years of age shall have in his possession any other device not mentioned in subsection A of this section capable of discharging a dangerous or deadly missile unless engaged in shooting or practicing at a location designated for such purpose by the Chief of Police, or when traveling to or from any such location, or when defending life or property.

C. Applicability: The preceding subsections A and B of this section shall be applicable to minors between sixteen (16) and eighteen (18) years of age, in possession of the items mentioned therein, without the consent of a parent or legal guardian. [Formerly numbered Section 20-64; renumbered by Ord. No. 3058, eff. 2/21/87.]

Section 10-1-673: Prohibited Occupations

The following activities are prohibited as home occupations:

A. MOTOR VEHICLE REPAIR AND DETAILING.

Those occupations conducted on the pr emises that entail motor vehicle repair work, including any and all aspects of body or fender work. Also prohibited is auto detailing on the premises.

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B. MECHANICAL AND ELECTRONIC REPAIR.

Mechanical and electronic repair utilizing, maintaining or storing more mechanical or electronic equipment on the premises than is common to a residence.

C. KENNELS.

Those occupations and uses which entail harboring, training, or raising of dogs, cats, birds, or other animals.

D. FOOD HANDLING.

Those occupations which entail food handling, food processing, food warehousing, or food packaging, except in conjunction with a cottage food operation with a valid Health Department permit/license.

E. FIREARMS.

Those occupations that entail the manufacturing, sale, lease, or rental of firearms and/or ammunition. However, this prohibition shall not apply to a person legally and continuously operating a home occupation involving the manufacturing, sale, lease, or rental of firearms and/or ammunition pursuant to a business permit issued prior to September 1, 1998. On or before October 16, 1998, all home occupations involving the manufacturing, sale, lease, or rental of firearms and/or ammunition must be permanently discontinued unless the home occupation has been legally and continuously operated by the same person at the same location pursuant to a business permit effective prior to September 1, 1998.

F. PRODUCTS PROCESSING.

Those occupations which entail the repair, processing, or alteration of goods, materials, or objects; provided, however, that custom sewing/tailoring is permitted if the goods are not manufacture d or processed as stock for sale or distribution. This code section is not intended to prohibit: watch repair, jewelry repair, and original jewelry creation. This ordinance does not prohibit artists and artist studios, with the exception of prohibiting welding as a form of artistry for commercial business purposes, or commercial ceramic artistry, wherein a commercial kiln is utilized. This Article does not regulate forms of artistry that are for the sole purpose of non-busin ess hobby-making and/or non-business personal artistic expression.

G. OTHER PROHIBITED HOME OCCUPATIONS.

Any activity where the conduct or operations of such activity would violate the provisions of this Article or any statute, ordinance, law or regulation or any activity determined by the Community De velopment Director to be similar to those activities listed above. [Amended by Ord. No. 3841, eff. 6/14/13; Formerly numbered Section 31-75.2; Renumbered by Ord. No. 3058, eff. 2/21/87; 3514, 3495, 2725.]

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Section 10-1-673.1: Additional Regula tions and Exemptions for Permitted Home Occupations Involving Firearms

A. ADDITIONAL REGULATIONS.

In addition to the other provisions of this Division, all permitted home occupations that entail the manufacturing, sale, lease or rental of firearms and/or ammunition must also comply with the following regulations:

1. Active Alarm System.

All direct entries into the dwelling unit or accessory structure, whichever houses firearms and/or ammunition, sh all be secured by an active alarm system that is connected to a 24-hour monitored, state-licensed security alarm service. For the purposes of this Division entries means doors, windows, skylights, trapdoors, and any other similar entryway into the dwelling unit or accessory structure.

2. Firearms Kept in Safe.

All firearms and/or ammunition involved in the home occupation shall be locked in an anchored metal safe which is constructed of no less than 10 gauge metal, in one room of the dwelling unit, or accessory structure. For the purposes of this Article, anchored shall be defined as permanently mounted to the floor or having an empty weight of 1,000 pounds or more so that heavy equipment or tools would be required to remove the safe.

3. Daytime Hours.

Showing or transferring a firearm and/or ammunition to a customer or prospective customer shall only take place between the hours of 7 a.m. and 10 p.m.

4. City May Inspect.

City of Burbank Police Department Personnel shall have the right to enter any premises where a home occupation involving firearms and/or ammunition is conducted for the purposes of inspection for compliance with this Division.

5. No Large or Small Family Day Care on Premises.

No home occupation involving fire arms and/or ammunition may be conducted at any dwelling unit, including any accessory structures, if a large family day care home or a small family day care home operates on the premises.

B. EXEMPTION FROM CERTAIN REGULATIONS.

Permitted home occupations involving the manufacturing, sale, lease, or rental of firearms and/or ammunition are exempt from the provisions of Sections 10- 1-672(E) and 10-1-672(I). [Added by Ord. No. 3514, eff. 5/1/99.]

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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
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.

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)

GMC: 9.24.010
GMC: 9.24.020
GMC: 9.24.070
None
ATTACHMENT 4-1
ATTACHMENT 4: Neighboring Cities Zoning Regulations & Firearms Dealers ATTACHMENT 1
A1-31

GMC: 30.70.070:

Firearms, weapon sales “Firearms, weapon sales” means
the retail sales of guns, ammunition, and related products and accessories.

For the purpose of
calculating Parking,
Firearm/weapon sales are
equivalent to general
retail uses.

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 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.

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
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.

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 4-2
ATTACHMENT 1
A1-32
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
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.)
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
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 4-3
ATTACHMENT 1
A1-33

14 10
3 36
0 5
10 15
20 25
30 35
40 Burbank Glendale Pasadena Los Angeles
Licensed Firearms Dealers Per City
Firearm Retail Stores
110,277
47,339
19,935
7,386
0 20,000
40,000
60,000
80,000
100,000
120,000
Los Angeles Pasadena Glendale Burbank
Per Capita Population
Licensed Firearms Dealers Per Capita
1 per 110,277 1 per 47,339 1 per 19,935 1 per 7,386
ATTACHMENT 4-4
ATTACHMENT 1
A1-34
From:

To: Thomas, Xjvirr A.

Subject: 7/6/22 LA Times Public Notice
Date: Wednesday, July 06, 2022 9:11:31 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I hope common sense and good leadership will prevail in regards to this Firearm Retail issue.

Burbank has enough of these establishments already and does not need any more. The revenue that would come from selling firearms would be more than covered by the multitude of ADU’s being constructed on every street along with all the Starbucks that seem to multiply on their own overnight. Thank you for doing the right thing and not be part of an uncontrolled problem in the City of Burbank.

Sincerely,
AJ Hanson
Sent from my iPhone
ATTACHMENT 5-1
ATTACHMENT 5: Correspondences Received
ATTACHMENT 1
A1-35

Burbank City CouncilMarch 28, 2023

Burbank City Council
March 28, 2023