City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 8, 2022 FROM: RIVERSIDE POLICE DEPARTMENT WARDS: ALL SUBJECT: ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, ESTABLISHING RIVERSIDE MUNICIPAL CODE CHAPTER 5.95 REGULATING FIREARM DEALER LICENSING ISSUE:
Adoption of an ordinance adding Chapter 5.95 to the Riverside Municipal Code relating to the regulation of Firearm Dealer Licensing.
RECOMMENDATION:
That the City Council adopt an ordinance adding Chapter 5.95 to the Riverside Municipal Code to establish regulations related to Firearm Dealer Licensing.
BACKGROUND:
The City of Riverside currently has twenty-four businesses engaging in firearms sales and transfers. Penal Code section 26500 (a) states, “No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Penal Code sections 26700 and 26800.” Penal Code section 26700 requires that a licensee satisfy the following requirements:
Has a valid federal firearms license
Has any regulatory or business license, or licenses, required by local government Has a valid seller’s permit issued by the State Board of Equalization Has a certificate of eligibility issued by the Department of Justice Has a license issued in the format prescribed by subdivision (c) of section 26705 Is among those recorded in the centralized list specified in section 26715 The Riverside Police Department currently requires that all businesses wishing to engage in firearms sales and transfers apply for and obtain a license to sell firearms. This requirement is based on the authority granted under Penal Code Section 26500 and 26700 but is not reinforced or supported by a local ordinance. While the Penal Code section allows for licensing requirements by local governments, it does not establish additional provisions allowing for administrative oversight.
Through the creation of the proposed ordinance (5.95 – Firearm Dealer’s License), the City of Riverside will create a formal application process for all existing and new businesses engaging in firearms sales and transfers. The ordinance will also establish administrative oversight, allowing for inspections of such facilities and administrative remedies for criminal and non-criminal violations.
A financial resolution to establish a license fee will not be required due to a previously established licensing fee. The current fee associated with a license to sell firearms for the City of Riverside is as follows:
License Type
City Fee
DOJ Fee
New Owner/New Business
$583
$32
Renewal
$108
$0
DISCUSSION
The substantive sections of RMC Chapter 5.95 include the following:
5.95.020 – creates a city license requirement for every firearm dealer. For the purpose of this ordinance, “firearm dealer” is defined in section 5.95.010 (G) as “any person, firm or corporation who sells or otherwise transfers to the public any pistol, revolver, rifle, shotgun, or other firearm, including those persons required by Section 26500 (a) of the California Penal Code to obtain a license under California Penal Code Section 26700. Firearm dealer also includes any person, firm or corporation who purchases, takes in trade or accepts on consignment from the public any firearm of any type, including, but not limited to pistols, revolvers, rifles and shotguns.”
5.95.030 - establishes a formal application process for individuals wishing to obtain a firearm dealer license in the City of Riverside
5.95.040 – identifies license issuance standards for all new firearm dealer licenses and renewals.
5.95.050 – establishes grounds for denying a firearm dealer license application.
5.95.070 – creates inspection authority, allowing for visual confirmation of minimum safety and security requirements established by this new ordinance.
5.95.090 – creates security requirements for licensees.
5.95.100 – requires existing firearm dealers comply with the provisions of this ordinance within 90 days of its effective date.
5.95.120 – creates remedies available for firearm dealer licensees having been found, through the course of inspection or investigation, to have violated this chapter, state or federal law concerning the sales or transfers of firearms. This section allows for the Chief of Police to revoke or suspend a firearm dealer license, if the cited violation is determined to be non-correctable. In the event a violation is capable of correction, the Chief of Police can exercise discretion and allow for an inspection to ensure the violation was in fact corrected prior to executing other disciplinary actions. This section also outlines the process for firearm dealer licensees to request an appeal hearing with the Chief of Police upon proper notification of an impending firearm dealer license denial, suspension or revocation.
5.95.130 – outlines the appeal process once the Chief of Police decides to deny, suspend or revoke a firearm dealer license. The process utilizes an Administrative Hearing Officer to review all relevant evidence and hear the testimony of all competent persons desiring to testify regarding the incident or alleged violation that resulted in a denial, suspension or revocation of a firearm dealer license.
The Ordinance in its entirety is included with this report.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority No. 2 Community Well-Being and Goal No. 2.4 – Support programs and innovations that enhance community safety, encourage neighborhood engagement, and build public trust.
This item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – The establishment of an RMC Chapter regulating Firearm Dealer Licensing provides a transparent and sound policy for City of Riverside business and provides a tool for the Police Department to serve the public’s interest.
Equity – The proposed RMC Chapter will be equitably administered to all businesses that wish to deal in firearms. It offers businesses their due process while providing RPD with a tool with which to serve the community and ensure every member of the community has equal access to share in the benefits.
Fiscal Responsibility – The proposed RMC Chapter provides a quality public service without being a burden on public funds.
Innovation – The proposed RMC Chapter regulating Firearm Dealer Licensing is being proposed to add administrative oversight to existing Penal Code requirements. The proposal is timely and allows the Police Department to accommodate the community’s changing needs.
Sustainability & Resiliency – The establishment of an RMC Chapter regulating Firearm Dealer Licensing helps the Police Department provide public safety services to the community by establishing administrative oversight, allowing for inspections of facilities and providing administrative remedies for criminal and non-criminal violations. The RMC is sustainable and ensures the City’s capacity to preserve, adapt and grow during good and difficult times.
FISCAL IMPACT:
There is no fiscal impact resulting from the proposed ordinance.
Prepared by: Larry V. Gonzalez, Chief of Police
Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Approved by: Lea Deesing, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachment: Ordinance
Proposed RMC Chapter 5.95 – Firearm Dealer Licensing • Page PAGE 2