CC Ordinance 2150ORDINANCE NO. 21so
BEING AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CAMPBELL ADDING CHAPTER 5.45 AND AMENDING
CHAPTER 8.12 OF THE CAMPBELL MUNICIPAL CODE REGARDING
FIREARM REGULATIONS
The City Council of the City of Campbell finds:
1. In 2006, 3,253 people died from firearm-related injuries in California and
4,305 other people were treated for non-fatal gunshot wounds;2
2. Federal regulation of firearms dealers and ammunition sellers is currently
inadequate to protect the public safety;
3. Although federal law requires firearms dealers to obtain a license from the
Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF"),3 ATF does not
have the resources or authority to properly oversee the more than 100,000
firearms dealers, manufacturers, collectors and others that it licenses
("FFLs");4
4. ATF reported in 2007 that it inspects each FFL, on average, only once every
17 years;5
5. Between 1975 and 2005, ATF revoked, on average, fewer than 20 federal
firearms licenses per year;b
6. ATF faces numerous obstacles that limit its ability to enforce the law; for
example, ATF may conduct only one unannounced inspection of each FFL per
year, the burden of proof for ATF's prosecution and revocation of licenses is
extremely high, serious violations of firearms law have been classified as
~ California Dept of Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC), EPICenter
California Injury Data Online, Fatal Injury Data Custom Data Tables (2009), at
http://www.applications.dhs.ca.~ov/epicdata/content/TB fatal.htm.
~ California Dept of Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC), EPICenter
California Injury Data Online, Nonfatal Injury Data Custom Data Tables (2009), at
http://www.applications.dhs.ca.gov/epicdata/content/tb nonfatal.htm.
s 18 U.S.C. § 922(a)(1)(A).
a The U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives provided the total
number of federal firearms licensees as of November 8, 2007.
s Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws
and Interstate Gun Trafficking 18, December 2008, available at:
www.mayorsagainstille~guns.org/downloads/pdf/trace report final pdf.
6 Brady Center to Prevent Gun Violence, Shady Dealings, Illegal Gun Trafficking From Licensed Gun
Dealers 23 (Jan. 2007), available at: http://www.bradycenter.orF/xshare/pdf/reports/shady-dealings.pdf. In
2006, ATF increased its total revocations to 131. Id.
misdemeanors rather than felonies, and ATF has historically been grossly
understaffed;
7. The Office of the Inspector General has concluded that inspections by ATF
are not fully effective for ensuring that FFLs comply with federal firearms
laws;8
ATF has found that FFLs are a major source of trafficked firearms. In June
of 2000, ATF issued a comprehensive report of firearms trafficking in this
country. That report analyzed 1,530 trafficking investigations during the
period July 1996 through December 1998, involving more than 84,000
diverted firearms.9 ATF found that FFLs were associated with the largest
number of trafficked guns -over 40,000 -and concluded that "FFLs' access
to large numbers of firearms makes them a particular threat to public safety
when they fail to comply with the law;"10
9. During fiscal year 2007, ATF found over 30,000 firearms missing from
licensees' inventories with no record of sale;"
10. In 1998, ATF found that 56% of randomly inspected dealers and 30% of
pawnbrokers selling 50 or more guns had violated federal firearms law;12
1 1. Federal laws are silent regarding many important aspects of the dealer's
business, such as its location and security requirements during business hours;
12. According to a 1998 ATF random sample of FFLs nationwide, 56% of all
dealers operated out of their homes, and 33% were located in businesses that
are not usually associated with gun sales, such as funeral homes or auto parts
stores;'s
Id. at 24-26.
a Office of the Inspector General, Evaluation and Inspections Division, U.S. Department of Justice,
Inspection of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives i (July 2004),
available at: ht ://www.usdo'. ov/oi /re orts/ATF/e0405/exec.htm.
9 Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Following the Gun:
Enforcing Federal Laws Against Firearms Traffickers ix (June 2000), available at: www.atf.g_ov/pub/fire-
explo pub/pdf/followingthegun internet.pdf.
10 Id. at x.
" Brady Center to Prevent Gun Violence, U.S. Gun Shops "Lost" More than 30,000 Firearms Last Year,
June 17, 2008, available at: http://www.bradycampaign.ore/media/release php~release=988.
'Z Brady Center to Prevent Gun Violence, "Trivial Violations "? The Myth of Overzealous Federal
Enforcement Actions Against Licensed Gun Dealers 1 (Sept. 2006), available at:
www.bradycenter.org/xshare/pdf/reports/trivial-violations pdf.
'3 Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in
the United States 16 (Feb. 2000), available at:
www.mayorsagainstillegal ug ns.or~/downloads/pdf/Commerce in Firearms_2000 pdf.
13. As of November 24, 2008, there were 2 043 federally licensed firearms
dealers and pawnbrokers in California;
14. California is among a minority of states that impose licensing requirements
on firearms dealers, but the standards are minimal;ls
15. Tthe Court of Appeals in Suter v. City of Lafayette, 67 Cal. Rptr. 2d 420, 428
(Cal. Ct. App. 1997) held that state law authorizes local governments in
California to impose additional licensing requirements on firearms dealers;~b
16. FFLs are required by federal law to comply with all state and local dealer
laws as a condition for retaining their federal licenses;
17. The International Association of Chiefs of Police recommends that local
governments impose their own licensing requirements on firearms dealers
because local requirements can respond to specific community concerns, and
local review of licensees provides additional resources to identify and stop
corrupt dealers; ~ s
18. A 2009 study found that cities in states that comprehensively regulate retail
firearms dealers and cities where these businesses undergo regular compliance
inspections have significantly lower levels of gun trafficking than other
cities;' 9
19. No federal or California law imposes security requirements on firearms
dealers during business hours or requires firearms dealers or ammunition
sellers to install burglar alarms or surveillance cameras. California law
explicitly allows local jurisdictions to impose security requirements on
firearms dealers that are stricter or at a higher standard than those imposed by
state law;2°
20. No federal or California law requires firearms dealers to obtain liability
insurance;
to The total number of federal firearms licensees in California as of November 24, 2008 was provided by
the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
15 See Penal Code §§ 12070-12071.
i6 The court in Suter struck down a provision of Lafayette's ordinance imposing additional security
requirements on firearms dealers. That part of the opinion has been superseded by the adoption of Cal.
Penal Code § 12071(b)(15).
" 18 U.S.C. § 923(d)(1)(F).
18 International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our
Communities 14 (Sept. 2007), available at:
htt~//www theiacp org/LinkClick a~x~fileticket=%2FsOLiOkJKSQ%3D&tabid=302.
19 Daniel W. Webster et al., Effects of State-Level Farearm Seller Accountabalaty Policies on Firearms
Trafficking, J. Urb. Health (July 2009).
20 Cal. Penal Code § 12071(b)(15).
21. California law requires firearms dealers to report the loss or theft of any
firearm within 48 hours of discovery to the local law enforcement agency
where the dealer's business premises are located, but does not otherwise
require dealers to provide inventory reports to local law enforcement
agencies;21
22. According to a survey of local jurisdictions in California conducted in 2000
by Legal Community Against Violence (LCAV):
• 29 cities and three counties in California require firearms dealers to obtain a
license or permit,
• 21 cities and two counties in California require firearms dealers to obtain liability
insurance,
• 34 cities and four counties in California prohibit firearms dealers in residential
areas;
23. A national poll conducted in March and April 2008 found that:
• 91% of Americans and 88% of gun owners favor requiring gun stores to perform
background checks on employees;
• 86% of Americans and 83% of gun owners favor requiring gun retailers to inspect
their inventories every year to report stolen or missing guns;
• 88% of Americans favor requiring gun stores to keep all guns locked securely to
prevent theft; and
• 74% of Americans favor requiring gun retailers to videotape all gun sales;22
24. in a nationwide poll conducted in January of 2007, 86% of gun owners
reported that a gun store's decision to videotape all gun sales would not
impact their decision to buy a gun at that store,23
25. Federal law prohibits possession of ammunition by the same categories of
persons it prohibits from possessing firearms;za
26. California law requires persons who sell, loan or transfer firearms within
California to obtain a license, but does not require persons who sell, loan or
transfer ammunition to do so;zs
27. The Cities of Berkeley, Los Angeles, Richmond, Sacramento, and San
Francisco are among the jurisdictions that now require sellers of ammunition
to obtain a license or permit;
~' Cal. Penal Code § 12071(b)(13).
zz Greenberg Quinlan Rosner Research and the Tarrance Group, Americans Support Common Sense
Measures to Cut Down on Illegal Guns 3, April 10, 2008, available at:
http•//www mayorsag_ainstillegal~uns.org/downloads/pdf/pollin~,memo.pdf.
zs Greenberg Quinlan Rosner Research & The Tarrance Group for the Mayors Against Illegal Guns, Strong
Public Support for Tough Enforcement of Common Sense Gun Laws (Graphs), January 23, 2007, available
at: http•//www reg enberg_research.com/articles/1849/2630 MAIGslides.pdf.
za 18 U.S.C. § 922(g).
zs Cal. Penal Code § 12070(a).
28. Federal and California law require licensed firearms dealers to report the loss
or theft of firearms to law enforcement within 48 hours;z6
29. When a crime gun is traced by law enforcement to the last purchaser of
record, the owner may falsely claim that the gun was lost or stolen to hide his
or her involvement in the crime or in gun trafficking. Reporting laws provide
a tool for law enforcement to detect this behavior and charge criminals who
engage m rt;
30. When a person who legally owned a gun falls into a prohibited category, it is
crucial that law enforcement remove the firearm from his or her possession.
Reporting laws help disarm prohibited persons by detemng them from falsely
claiming that their firearms were lost or stolen;
31. Existing reporting laws, like California's requirements that firearms dealers
report the lost or theft of firearms and that motorists report serious automobile
accidents to the Department of Motor Vehicles, demonstrate that reporting
laws are not unduly burdensome. Moreover, the highly lethal nature of
firearms justifies an increased level of responsibility over that required for
ownership of other, less dangerous products;
32. Reporting laws protect gun owners from unwarranted criminal accusations
when their guns are recovered at a crime scene, and make it easier for law
enforcement to locate a lost or stolen firearm and return it to its lawful owner;
33. The extreme danger firearms pose to public safety requires a heightened level
of accountability on the part of individuals who choose to own firearms.
Reporting laws make gun owners more accountable for their weapons;
34. Neither federal nor California law contains any requirement that firearm
owners report lost or stolen firearms;
35. Connecticut, Massachusetts, Michigan, New Jersey, New York, Ohio, and
Rhode Island, and the District of Columbia, require the reporting of lost or
stolen firearms;
36. Several local governments in California already require the reporting of lost
or stolen firearms, including San Francisco, Sacramento, Oakland, Berkeley,
Los Angeles, West Hollywood, Thousand Oaks, Simi Valley and Port
Hueneme. Local ordinances often serve as catalysts for statewide policies;27
z6 18 U.S.C. § 923 (g)(6); Cal. Penal Code §§ 12071(b)(13), 12086(c)(3).
27 For example, state laws regulating junk guns and requiring trigger locks were enacted only after
numerous local communities in California adopted these measures. For citations to these and other local
37. Several major cities outside of California, including Chicago, Illinois,
Cleveland and Columbus, Ohio, Hartford, Connecticut, and New York, New
York, also require reporting of lost or stolen firearms;
38. A December 2008 report by Mayors Against Illegal Guns (a coalition of over
300 mayors that targets illegal guns nationwide) states that lost or stolen
firearm reporting laws "can help law enforcement more easily identify and
prosecute gun traffickers." The report presents data showing that states that
require the reporting of lost or stolen firearms export crime guns to other
states at less than one-third the rate of states that do not have lost or stolen
reporting laws;2g
39. Ina 2007 report, The International Association of Chiefs of Police states,
"law enforcement's early awareness of every lost and stolen gun will enhance
their ability to recover those guns and reduce gun violence." The report
recommends that state and local governments mandate reporting of lost or
stolen firearms;z9
40. A 2008 survey of Americans' attitudes toward gun violence prevention
measures found almost unanimous support for requiring the reporting of lost
or stolen firearms: 91 percent of all people surveyed, and 88 percent of polled
gun owners favored reporting laws.30
The City Council of the City of Campbell does hereby ordain as follows:
SECTION ONE: Chapter 5.45 is added to the Campbell Municipal Code as set
forth in Exhibit A attached hereto;
SECTION TWO: Chapter 8.12 of the Campbell Municipal Code is amended by
adding sections 8.12.045, 8.12.046, 8.12.047, and 8.12.048, to read as set forth
laws, see, Legal Community Against Violence, Communities on the Move: How California Communities
are Addressing the Epidemic of Handgun Violence (2000), at
http://www.lcav.org/library/surveys_local_ords/com2000~d£pdf.
za Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws
and Interstate Gun Trafficking, (December 2008), at
http•//www m~orsa~ainstillegalguns o~/downloads/pdf/trace report final.pdf. States "export" a crime
gun when the last purchase of record occurred in the state and the gun is later recovered at a crime scene in
a different state.
z9 International Association of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our
Communities 16, 22 (Sept. 2007).
* Where the words "Police/Sheriff," "City/County" or similar variations appear, simply select the
appropriate designation for your jurisdiction.
30 Greenberg Quinlan Rosner Research and The Tarrance Group, Americans Support Common Sense
Measures to Cut Down on Illegal Guns (April 10, 2008), available at
http•//www mayorsagainstillegalguns org/downloads/pdf/polling memo.pdf
in Exhibit B attached hereto;
SECTION THREE: This Ordinance shall become effective (30) days following its
passage and adoption and shall be published once within fifteen (15) days upon
passage and adoption in the Campbell Express, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 20th day of september ~ 2011 by the
following roll call vote:
AYES :Councilmembers: Low, Kotowski, Baker
NOES :Councilmembers
ABSENT: Councilmembers:
A T:
nne Bybee, City Clerk
Waterman, Cristina
None
AP ROVE~,~
~' ,-~, ~-
Ja on T. Baker, ayor
EXHIBIT A
5.45 SALE OF FIREARMS AND AMMUNITION
5.45.010 Definitions
"Applicant" means any person who applies for a law enforcement permit, or the
renewal of such a permit, to sell, lease or transfer firearms, firearm components, or
ammunition.
"Chief of Police" means the Chief of Police or the Chief s designated
representative.
"Firearm" means any device, designed to be used as a weapon or modified to be
used as a weapon, from which is expelled through a barrel a projectile by the force of
explosion or other means of combustion, provided that the term "firearm" shall not
include an "antique firearm" as defined in section 921(a)(16) of Title 18 of the United
States Code.
"Ammunition" means ammunition or cartridge cases, primers, bullets, or
propellant powder designed for use in any firearm, and any component thereof, but shall
not include blank cartridges or ammunition that can be used solely in an "antique
firearm" as that term is defined in section 921(a)(16) of Title 18 of the United States
Code.
"Permittee" means any person, corporation, partnership or other entity engaged in
the business of selling, leasing, or otherwise transferring any firearm, firearm component,
or ammunition, which person or entity has obtained a law enforcement permit to sell,
lease or transfer firearms, firearm components, or ammunition.
To "engage in the business of selling, leasing, or otherwise transferring any
firearm, firearm component, or ammunition" means to conduct a business by the selling,
leasing or transferring of any firearm, firearm component, or ammunition, or to hold
one's self out as engaged in the business of selling, leasing or otherwise transferring any
firearm, firearm component, or ammunition, or to sell, lease or transfer firearms, firearm
components, or ammunition in quantity, in series, or in individual transactions, or in any
other manner indicative of trade.
5.45.020 Law enforcement permit
It is unlawful for any person, corporation, partnership or other entity to engage in
the business of selling, leasing, or otherwise transferring any firearm, firearm component,
or ammunition within the City without a law enforcement permit, as required by this
Chapter.
5.45.030 Application for permit
(1) An applicant for a permit or renewal of a permit under this Chapter shall file with
the Chief of Police an application in writing, signed under penalty of perjury, on a form
prescribed by the City. The applicant shall provide all relevant information requested to
demonstrate compliance with this Chapter, including:
(a) The applicant's name, including any aliases or prior names, age and
address;
(b) The applicant's federal firearms license and California firearms dealer
numbers, if any;
(c) The address of the proposed location for which the permit is sought,
together with the business name, and the name of any corporation, partnership or
other entity that has any ownership in, or control over, the business;
(d) The names, ages and addresses of all persons who will have access to or
control of workplace firearms, firearm components, or ammunition, including but
not limited to, the applicant's employees, agents and/or supervisors, if any;
(e) A certificate of eligibility from the state Department of Justice under Penal
Code Section 12071 for each individual identified in Sec. 5.45.030 (1)(d)
demonstrating that the person is not prohibited by state or federal law from
possessing firearms or ammunition;
(f) Proof of a possessory interest in the property at which the proposed
business will be conducted, as owner, lessee or other legal occupant, and, if the
applicant is not the owner of record of the real property upon which, the
applicant's business is to be located and conducted, the written consent of the
owner of record of such real property to the applicant's proposed business;
(g) A floor plan of the proposed business which illustrates the applicant's
compliance with security provisions, as outlined in Sec. 5.45.060 of this Chapter;
(h) Proof of compliance with all applicable federal, state and local licensing
and other business laws;
(i) The applicant's agreement to indemnify, defend and hold harmless the
City, its officers, agents and employees from and against all claims, losses, costs,
damages and liabilities of any kind pursuant to the operation of the business,
including attorneys fees, arising in any manner out of the negligence or
intentional or willful misconduct of:
(1) The applicant;
(2) The applicant's officers, employees, agents and/or supervisors; or
(3) If the business is a corporation, partnership or other entity, the
officers, directors or partners.
(j) Certification of satisfaction of insurance requirements, for applicants
applying for a permit to sell firearms or firearm components;
(k) The date, location and nature of all criminal convictions of the applicant, if
any, in any jurisdiction in the United States.
(2) The application shall be accompanied by a nonrefundable fee for administering
this Article as established by City Council resolution.
5.45.040 Investigation by Chief of Police
(1) The Chief of Police shall conduct an investigation to determine, for the protection
of the public health and safety, whether the law enforcement permit maybe issued or
renewed.
(2) Prior to issuance or renewal of the permit, the Chief of Police may inspect the
premises to ensure compliance with this Chapter.
(3) The Chief of Police shall grant or renew a law enforcement permit if the applicant
or permittee is in compliance with this Chapter and all other applicable federal, state and
local laws.
5.45.050 Grounds for permit denial or revocation
(1) The Chief of Police shall deny the issuance or renewal of a law enforcement
permit, or shall revoke an existing permit, if the operation of the business would not or
does not comply with federal, state or local law, or if the applicant or permittee:
(a) Is under 21 years of age;
(b) Is not licensed as a dealer in firearms under all applicable federal, state
and local laws;
(c) Has made a false or misleading statement of a material fact or omission of
a material fact in the application for a law enforcement permit, or in any other
documents submitted to the Chief of Police pursuant to this Chapter. If a permit
is denied on this ground, the applicant is prohibited from reapplying for a permit
for a period of five years;
(d) Has had a license or permit to sell, lease, transfer, purchase or possess
firearms or ammunition from any jurisdiction in the United States revoked,
suspended or denied for good cause within the immediately preceding five years;
(e) Has been convicted o£
(1) An offense which disqualifies that person from owning or
possessing a firearm under federal, state or local law, including, but not
limited to, the offenses listed in Penal Code Sections 12021 and 12021.1;
(2) An offense relating to the manufacture, sale, possession or use of a
firearm or dangerous or deadly weapon or ammunition;
(3) An offense involving the use of force or violence upon the person
of another;
(4) An offense involving theft, fraud, dishonesty or deceit;
(5) An offense involving the manufacture, sale, possession or use of a
controlled substance as defined by the state Health and Safety Code;
(fj Is within a class of persons defined in Welfare and Institutions Code
Sections 8100 or 8103; or
(g) Is currently, or has been within the past five years, an unlawful user of a
controlled substance as defined by the Health and Safety Code.
(2) Where an applicant is applying for a law enforcement permit to sell, lease or
transfer firearms, firearm components or ammunition within the first 90 days of the
effective date of this Chapter, and where the applicant has apre-existing firearms dealer
business which complies with all applicable federal, state and local laws, or is not a
firearms dealer but is already engaged in the sale of ammunition:
(a) The applicant's current employees, agents or supervisors may continue to
have access to or control over workplace firearms, firearm components and
ammunition pending the completion of the Chief of Police's investigation and
background verification.
(b) Where one or more of the applicant's employees, agents or supervisors are
found to be no longer eligible under the provisions of this Chapter, the applicant
shall have 21 days from the mailing of written notification from the Chief of
Police to verify that such persons have been removed or reassigned so that they no
longer have access to or control of workplace firearms, firearm components or
ammunition. Failure of the applicant to comply with this subsection shall cause
the Chief of Police to deny the application for a law enforcement permit.
(3) The law enforcement permit of any person or entity found to be in violation of
any of the provisions of this Chapter maybe revoked.
(4) The Police Chief shall notify the applicant in writing of his determination to deny
an application or revoke an existing application. The notice shall be sent by First Class
United States Mail, postage prepaid to the applicant at the address provided by the
applicant in the application. The notice shall state the reasons for the denial or revocation.
5.45.060 On-site security
(1) If the proposed or current business location is to be used at least in part for the
sale of firearms or firearm components, the permitted place of business shall be a secure
facility within the meaning of Penal Code Section 12071(c)(2).31
(2) If the proposed or current business location is to be used at least in part for the
sale of firearms or firearm components, all heating, ventilating, air-conditioning, and
service openings shall be secured with steel bars or metal grating.
(3) Any time a permittee is not open for business, every firearm or firearm
component shall be stored in one of the following ways:
(a) In a locked fireproof safe or vault in the licensee's business premises that
meets the standards for a gun safe implemented by the Attorney General pursuant
to Penal Code Section 12088.2; or
(b) Secured with a hardened steel rod or cable of at least one-fourth inch in
diameter through the trigger guard of the firearm. The steel rod or cable shall be
secured with a hardened steel lock that has a shackle. The lock and shackle shall
be protected or shielded from the use of a boltcutter and the rod or cable shall be
anchored in a manner that prevents the removal of the firearm from the premises.
No more than five firearms maybe affixed to any one rod or cable at any time.
(4) Any time a permittee is open for business, every firearm shall be unloaded,
inaccessible to the public and secured using one of the following three methods, except in
the immediate presence of and under the direct supervision of an employee of the
permittee:
(a) Secured within a locked case so that a customer seeking access to the
firearm must ask an employee of the permittee for assistance;
31 A "secure facility" is defined by Penal Code § 12071(c)(2) as a building that meets certain specifications,
including: certain types of locks on all doorways; steel bars on all windows; and steel bars, metal grating,
or an alarm system on all heating, ventilating, air-conditioning, and service openings. State law allows a
firearms dealer to avoid these requirements by utilizing other security features. See Penal Code §
12071(b)(14). Penal Code § 12071(b)(15) explicitly allows local jurisdictions to impose security
requirements on firearms dealers that are stricter or at a higher standard than those imposed by state law.
(b) Secured behind a counter where only the permittee and the permittee's
employees are allowed. During the absence of the permittee or a permittee's
employee from the counter, the counter shall be secured with a locked,
impenetrable barrier that extends from the floor or counter to the ceiling; or
(c) Secured with a hardened steel rod or cable of at least one-fourth inch in
diameter through the trigger guard of the firearm. The steel rod or cable shall be
secured with a hardened steel lock that has a shackle. The lock and shackle shall
be protected or shielded from the use of a boltcutter and the rod or cable shall be
anchored in a manner that prevents the removal of the firearm from the premises.
No more than five firearms maybe affixed to any one rod or cable at any time.
(5) Any time a permittee is open for business, every firearm component, and any
ammunition that is not principally for use in pistols, revolvers, or other firearms capable
of being concealed upon the person, as that term is defined in Penal Code § 12001(a),
shall be inaccessible to the public and secured using one of the methods mentioned in
subsection (4)(a) or (b), except in the immediate presence of and under the direct
supervision of an employee of the permittee.32
(6) The permitted business location shall be secured by an alarm system that is
installed and maintained by an alarm company operator licensed pursuant to the Alarm
Company Act, Business & Professions Code Sections 7590 et seq. The alarm system
must be monitored by a central station listed by Underwriters Laboratories, Inc., and
covered by an active Underwriters Laboratories, Inc. alarm system certificate with a #3
extent of protection, or system that provides a comparable level of protection.s3
(7) The permitted business location shall be monitored by a video surveillance system
that meets the following requirements:
(a) The system shall include cameras, monitors, digital video recorders, and
cabling, if necessary.
(b) The number and location of the cameras shall at a minimum, as
determined by the Chief of Police, be sufficient in number and location to monitor
the critical areas of the business premises, including, but not limited to, all places
where firearms, firearm components or ammunition are stored, handled, sold,
transferred, or carried, including, but not limited to, all counters, safes, vaults,
sz Penal Code § 12061(a)(2) addresses the storage of handgun ammunition by sellers. That provision is
effective January 1, 2010. See AB 962 (De Leon). "Handgun ammunition" is defined as ammunition
principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as
that term is defined in Penal Code § 12001(a). Penal Code § 12060(b).
ss Underwriters Laboratories, Inc. uses the term "extent of protection" to refer to the amount of alarm
protection installed to protect a particular area, room or container. Systems with a #3 extent of protection
include complete protection for all accessible openings, and partial motion and sound detection at certain
other areas of the premises. For more information, see Central Station Alarm Association, A Practical
Guide to Central Station Burglar Alarm Systems (3rd ed. 2005).
cabinets, cases, entryways, and parking lots. The video surveillance system shall
operate continuously, without interruption, whenever the permittee is open for
business. Whenever the permittee is not open for business, the system shall be
triggered by a motion detector and begin recording immediately upon detection of
any motion within the monitored area.
(c) In addition, the sale or transfer of a firearm, firearm component or
ammunition shall be recorded by the video surveillance system in such a way that
the facial features of the purchaser or transferee are clearly visible.
(d) When recording, the video surveillance system shall record continuously
and store color images of the monitored area at a frequency of not less than 15
frames per second.34 The system must produce retrievable and identifiable
images and video recordings on media determined by the Chief of Police to be
able to be enlarged through projection or other means, and can be made a
permanent record for use in a criminal investigation. The system must be capable
of delineating on playback the activity and physical features of persons or areas
within the premises.
(e) The stored images shall be maintained on the business premises of the
permittee for a period not less than one year from the date of recordation and shall
be made available for inspection by federal, state or local law enforcement upon
request.
(f) The video surveillance system must be maintained in proper working
order at all times. If the system becomes inoperable, it must be repaired or
replaced within fifteen calendar days. The permittee must inspect the system at
least weekly to ensure that it is operational and images are being recorded and
retained as required.
(g) The permittee shall post a sign in a conspicuous place at each entrance to
the premises that states in block letters not less than one inch in height: THESE
PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.
(8) The Chief of Police may impose security requirements in addition to those listed
in this section prior to issuance of the law enforcement permit if the Chief of Police finds
that such requirements are necessary to provide adequate security. Failure to fully
comply with the requirements of this section shall be sufficient cause for denial or
revocation of the law enforcement permit by the Chief of Police.
sa Television in the U.S. has 30 frames per second. However, 15 frames per second is generally described
as viewable, and is used in similar regulations. See, e.g., 02-392-013 Me. Code R. 6(6).
5.45.070 Liability insurance
(1) If the proposed or current business location is to be used for the sale of firearms or
firearm components, no law enforcement permit shall be issued or reissued unless there is
in effect a policy of insurance in a form approved by the City and executed by an
insurance company approved by the City, insuring the applicant against liability for
damage to property and for injury to or death of any person as a result of the theft, sale,
lease or transfer or offering for sale, lease or transfer of a firearm, firearm component or
ammunition, or any other operations of the business. The policy shall also name the City
and its officers, employees and agents as additional insureds. The limits of liability shall
not be less than $1,000,000 for each incident of damage to property or incident of injury
or death to a person; provided, however, that increased limits of liability maybe required
by the City Counsel if deemed necessary to provide adequate coverage against potential
claims.
(2) The policy of insurance shall contain an endorsement providing that the policy
shall not be canceled until written notice has been given to the City Manager at least 30
days prior to the time the cancellation becomes effective.
(3) Upon expiration of the policy of insurance, and if no additional insurance is
obtained, the law enforcement permit is considered revoked without further notice.
5.45.080 Location of business premises
(1) The business shall be carried on only in the building located at the street address
shown on the permit. This requirement does not prohibit the permittee from participating
in a gun show or event which is authorized by federal, state and local law upon
compliance with those laws.
(2) The business shall not be located in any district or area zoned for residential use.
5.45.090 Inventory reports
Within the first five business days of April and October of each year, the
permittee shall cause a physical inventory to be taken that includes a listing of each
firearm and firearm component held by the permittee by make, model, and serial number,
together with a listing of each firearm and firearm component the permittee has sold since
the last inventory period. In addition, the inventory shall include a listing of each firearm
lost or stolen that is required to be reported pursuant to Penal Code Section 12071(b)(13).
The permittee shall maintain a copy of the inventory on the premises for which the law
enforcement permit was issued for a period of not less than five years from the date of the
inventory and shall make the copy available for inspection by federal, state or local law
enforcement upon request.
5.45.100 Display of law enforcement permit
The law enforcement permit, or a certified copy of it, shall be displayed in a
prominent place on the business premises where it can be easily seen by those entering
the premises.
5.45.110 Issuance of law enforcement permit -- Duration
(1) The Police Chief shall notify the applicant of his determination on the application
within 30 days from the date that a completed application was received by him. The
notice shall be sent by First Class United States Mail, postage prepaid to the applicant at
the address provided by the applicant in the application. If the Police Chief denies the
application, the notice shall state the reasons for the denial.
(2) A law enforcement permit expires one year after the date of issuance. A permit may
be renewed for additional one-year periods if the permittee submits a timely application
for renewal, accompanied by a nonrefundable renewal fee established by City Council
resolution. Renewal of the permit is contingent upon the permittee's compliance with the
terms and conditions of the original application and permit, as detailed in this Chapter.
Police department personnel may inspect the permitted business premises for compliance
with this Chapter prior to renewal of the permit. The renewal application and the renewal
fee must be received by the Police department no later than 45 days before the expiration
of the current permit. '
(3) A decision regarding issuance or renewal of the law enforcement permit maybe
appealed in the manner provided in Sec. 5.45.180 of this Chapter.
5.45.120 Nonassignability
A law enforcement permit issued under this Chapter is not assignable. Any
attempt to assign a law enforcement permit shall result in revocation of the permit.
5.45.130 Compliance by existing businesses
A person engaged in the business of selling, leasing, or otherwise transferring any
firearm, firearm component, or ammunition on the effective date of this Chapter shall,
within 90 days of the effective date, comply with this Chapter.
5.45.140 Law enforcement inspections
Permittees shall have their places of business open for inspection by federal, state
and local law enforcement during all hours of operation. The Police department may
conduct periodic inspections of the permittee's place of business without notice.
Permittees shall maintain all records, documents, firearms, firearm components and
ammunition in a manner and place accessible for inspection by federal, state and local
law enforcement.
5.45.150 Warning regarding secondary sales
A permittee shall post conspicuously within the licensed premises the following
warning in block letters not less than one inch in height: WITH FEW EXCEPTIONS, IT
IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT
COMPLETING A DEALER RECORD OF SALE (DROS) FORM AT A LICENSED
FIREARMS DEALERSHIP.
5.45.160 Penalties
(1) Any person violating any of the provisions of this Chapter shall be guilty of a
misdemeanor. .Each such person shall be guilty of a separate offense for each and every
day during any portion of which a violation of any provision of this Chapter is committed
or continued by such person and shall be punishable accordingly.
(2) In addition to any other penalty or remedy, the City Council may authorize a civil
action to seek enforcement of these provisions.
5.45.170 Report of permit revocation to federal and state authorities
In addition to any other penalty or remedy, the Police Chief shall report any
person or entity whose law enforcement permit is revoked pursuant to this Chapter to the
Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol,
Tobacco, Firearms & Explosives within the U.S. Department of Justice.
5.45.180 Hearing for permit denial or revocation
(1) Within ten days of the Chief of Police mailing a written denial of the application
or revocation of the permit, the applicant may appeal by requesting a hearing
before the Chief of Police. The request must be made in writing, setting forth
the specific grounds for appeal. If the applicant submits a timely request for
an appeal, the Chief of Police shall set a time and place for the hearing within
30 days.
(2) Notice of the hearing shall be sent to the applicant, at the address stated on the
application, by first class mail at least five days prior to the hearing. The
notice shall state the date, time and place of the hearing. At the hearing the
applicant may present any relevant evidence as to why his permit should not
be denied or revoked.
(3) The Chief of Police shall provide a written decision regarding the appeal within
14 calendar days of the hearing by First Class mail addressed to the applicant at the
address on the application.
(4) An applicant may appeal the decision of the Chief of Police to the City Council
within 30 days of receipt of the denial by submitting a written request for the
appeal to the City Clerk. Notice of the hearing on the appeal shall be sent to the
applicant, at the address stated on the application, by first class mail at least five
days prior to the hearing. The notice shall state the date, time and place of the
hearing. At the hearing the applicant may present any relevant evidence as to why
his permit should not be denied or revoked.
(5) The City shall provide a written decision on the appeal within 30 days following
the conclusion of the hearing by First Class mail addressed to the applicant at the
address on the application.
5.45.190 Severability clause
If any section, subsection, sentence or clause of this Chapter is for any reason
declared unconstitutional or invalid or unenforceable by any court of competent
jurisdiction, such decision shall not affect the constitutionality, validity or enforceability
of the remaining portions of this Chapter or any part thereof. The City Council hereby
declares that it would have adopted this Chapter notwithstanding the unconstitutionality,
invalidity or unenforceability of any one or more of its sections, subsections, sentences or
clauses.
EXHIBIT B
8.12.045 Reporting of Loss or Theft of Firearm
It is unlawful for any person to fail to report to the Police Department the theft or loss of
a firearm he or she owns or possesses within forty eight (48) hours of the time he or she
knew or reasonably should have known that the firearm has been stolen or lost, if the
person resides in the City of Campbell or the loss or theft occurs in the City of Campbell.
Pursuant to Penal Code § 11108, the Police Department shall submit a description of each
firearm which has been reported lost or stolen directly into the California Department of
Justice automated property system for firearms.
8.12.046 Exceptions
Section 8.12.045 shall not apply to the following persons:
(1) Law enforcement officials while engaged in their official duties;
(2) Members of the Armed Forces of the United States or the National Guard while
engaged in their official duties;
(3) Firearms dealers and manufacturers licensed under federal and state law while
engaged in the course and scope of their activities as licensees.
8.12.047 False Reports
No person shall report to any law enforcement officer, pursuant to section 8.12.045 of
this ordinance, that a firearm has been lost or stolen, knowing the report to be false.
8.12.048 Severability
If any section, subsection, sentence or clause of this Chapter is for any reason declared
unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such
decision shall not affect the validity or the enforceability of the remaining portions of this
chapter or any part thereof. The City Council hereby declares that it would have adopted this
chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more
of its sections, subsections, sentences or clauses.