HomeMy Public PortalAbout09-1428ORDINANCE NO. 09 -1428
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, ADDING SECTIONS 4311
AND 4312 TO ARTICLE IV, CHAPTER 3, OF THE CARSON MUNICIPAL CODE TO
REQUIRE AMMUNITION SELLERS TO OBTAIN A PERMIT FOR THE SALE OF
AMMUNITION, TO REQUIRE FACE -TO -FACE SALES OF AMMUNITION, AND TO
REQUIRE SELLERS OF AMMUNITION TO OBTAIN A THUMBPRINT
WHEREAS, ammunition dealers (who are not also firearm dealers) are not regulated,
while firearm dealers are regulated and must keep a log of ammunition purchases and obtain a
thumbprint from anyone buying ammunition, although pursuant to state law, anyone, except a
convicted felon, can sell ammunition from any location; and
WHEREAS, the uncontrolled trafficking in ammunition facilitates shootings and
homicides in the city of Carson, and ammunition sellers should be required to obtain a permit
from the city in order to operate; and
WHEREAS, to further the city's interest in documenting the sale and purchase of
ammunition, the city should require ammunition sellers to obtain a permit from the city's contract
Chief of Police, require face -to -face sales of ammunition, and require sellers of ammunition to
obtain a thumbprint.
NOW, THEREFORE, the City Council of the city of Carson, California, does hereby
ordain as follows:
Section 1. Article IV, Chapter 3, of the Carson Municipal Code is hereby amended to
add Section 4311 to the Carson Municipal Code to read, in its entirety, as follows:
"4311. SELLERS OF FIREARM AMMUNITION.
(a) Definitions.
1. "Chief of Police" means the Captain of the Carson Sheriffs Station, of the
Los Angeles County Sheriffs Department, or designee.
2. "Firearm Ammunition" means any self - contained unit consisting of the
case, primer. propellant charge, and projectile for use in pistols, revolvers, rifles,
shot guns, or any other device designed to be used as a weapon from which is
expelled a projectile by the force of explosion or other form of combustion.
"Firearm Ammunition" shall not include blank ammunition used solely in the
course of motion picture, television, video, or theatrical productions.
3. "Residential Neighborhood" means any district of the City zoned for
residential use or, if not so zoned, any street segment bounded by intersecting
streets wherein over fifty percent of the buildings on that street segment are used
for residential purposes.
4. "Vendor" means any person who is engaged in the retail sale of firearm
ammunition.
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(b) Permit required. No person shall engage in, manage, conduct, or carry
on the business of the sales of firearm ammunition without a written permit from
the Chief of Police.
(c) Fixed location. Each vendor must have a fixed place of business. Sales of
ammunition may be made only at said fixed location.
(d) Overlapping Business. If any person engages in, conducts, manages or
carries on at the same time more than one business requiring police permits, such
person shall comply with all of the provisions affecting each business.
(e) Condition of Issuance. No permit or renewal permit for the sale of
Firearm Ammunition shall be issued unless:
1. The applicant has obtained all other required permits for the operation of
the business as proposed and has complied with all other applicable laws;
2. The applicant provides evidence of a possessory interest such as owner,
lessee or renter, in the property at which the business is proposed to be conducted;
3. The proposed location of the business is in other than a residential
neighborhood;
4. The applicant has obtained a policy of insurance as provided in
Subdivision (f).
5. The applicant agrees to indemnify, defend and hold harmless the City, its
officers, agents and employees, from claims arising from the negligence of the
applicant or permittee.
(f) Insurance Requirements. The vendor shall maintain in full force and
effect a policy of insurance on file with the Risk Manger. Such policy shall be
executed by an insurance company admitted to do business in this state, and shall
be in a form that the City deems proper. It shall insure the vendor against liability
for damage to property and for injury to or the death of any person as a result of
the sale, transfer or lease, or the advertising for sale, transfer or lease, or the
offering or exposing for sale, transfer or lease, of any Firearm Ammunition. The
policy shall also name the City and its officers, agents and employees as
additional insureds. The minimum liability limit shall not be less than One
Million Dollars ($1,000,000.00) for damage to or destruction of property in
anyone incident, and One Million Dollars ($1,000,000.00) for the death or injury
to any one person. Provided, however, that additional amounts may be required
by the City if deemed necessary.
Such policy of insurance shall contain an endorsement providing that the policy
will be continuous until canceled by a 30 -day written notice sent by registered
mail to the City Risk Manager 30 days in advance of the cancellation date. Prior
to cancellation of any such policy, the vendor shall secure equivalent insurance.
Failure to so do is grounds for revocation of the permit.
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(g) Denial of Permit. Any applicant who is denied a permit shall be
informed of the reasons for denial.
(h) Permit Valid for Issuance. When issued, the permit shall state on its
face "Valid for Retail Sale of Firearm Ammunition."
(i) Consent to Inspection. The acceptance of a permit to engage in the
business of a Firearms Ammunition dealer constitutes consent to inspection of the
books, records and business premises in the manner permitted by law and during
ordinary business hours.
(j) Permit Assignment. The assignment or attempted assignment of any
permit issued pursuant to this section, otherwise than in connection with a bona
fide change of ownership, is unlawful and any such assignment or attempted
assignment shall render the permit null and void.
(k) Permittee Responsible For The Conduct Of Business. No Firearm
Ammunition shall be sold or leased or offered for sale or lease or advertised for
sale or lease by the vendor, nor shall the vendor otherwise conduct his or her
business, in violation of the Penal Code of the State of California, this section or
other applicable law.
(I) Conditions of Employment by Permittee. No officer, employee or agent
of the vendor, hereinafter referred to collectively as "employee," who will have
access to or control of Firearm Ammunition shall:
(i)
be under twenty -one years of age;
(ii) have had a Federal firearms license revoked or denied within the last year;
(iii) be prohibited by law from owning, possessing or having custody or
control of any firearm as defined in such law;
(iv) have been convicted of any firearms or ammunition related offense within
the last five years.
(m) Recording of Information. The vendor shall comply with all
requirements related to ammunition sales, as set forth in Carson Municipal Code §
4312.
(n) Penalty. Violation of this section shall constitute a misdemeanor."
Section 2. Article IV, Chapter 3, of the Carson Municipal Code is hereby amended to
add Section 4312 to the Carson Municipal Code to read, in its entirety, as follows:
"4312. REQUIREMENTS FOR AMMUNITION SALES.
(a) "Firearm Ammunition" means any self - contained unit consisting of
the case, primer, propellant charge, and projectile for use in pistols, revolvers,
rifles, shot guns, or any other device designed to be used as a weapon from which
is expelled a projectile by the force of explosion or other form of combustion.
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"Firearm Ammunition" shall not include blank ammunition used solely in the
course of motion picture, television, video, or theatrical productions.
(b) The term "vendor ", as used in this section, shall mean any person
who is engaged in the retail sale of firearm ammunition and retail firearms
dealers.
(c) No vendor shall sell or otherwise transfer ownership of any firearm
ammunition to any person other than those listed in subsection (g) without at the
time of purchase recording the following information on a form to be prescribed
by the Chief of Police:
1. the date of the transaction,
2. the name, address and date of birth of the transferee,
3. the transferee's drivers license or other identification number and
the state in which it was issued,
4. the brand, type and amount of ammunition transferred,
5. the transferee's signature, and
6. the name of the sales person who processed the transaction.
The vendor shall also at the time of purchase or transfer obtain the right
thumb print of the purchaser or transferee on the above - referenced form.
(d) No vendor shall sell or otherwise transfer ownership of any firearm
ammunition without complying with all requirements of subsection (c) in a face -
to face transaction.
(e) The records required by this section shall be maintained on the
premises of the vendor for a period of not less than two (2) consecutive calendar
years from the date of the recorded transfer. Said records shall be subject to
inspection at any time during normal business hours.
(f) No person shall knowingly make a false entry in, or fail to make a
required entry in, or fail to obtain the required thumb print, or fail to maintain in
the required manner records prepared in accordance herewith. No person shall
refuse to permit a Los Angeles County Sheriffs Department employee to examine
any record prepared in accordance with this section during any inspection
conducted pursuant to this section, or refuse to permit the use of any record or
information therefrom by the Los Angeles County Sheriffs Department.
(g) The requirements of subsection (c) shall not apply when the
purchaser is any of the following:
1. any person described in Section 12302 or 12322 of the California
Penal Code;
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2. any off -duty peace officer who displays proper agency
identification which identifies him or her as an active peace officer;
3. any person who has been issued a permit to carry a concealed
weapon under the authority of Section 12050 of the California Penal Code;
4. any security guard licensed under the authority of Section 12033 of
the Penal Code of the State of California;
5. any firearms dealer who has been issued a Federal Firearms
License, or a Certificate of Eligibility by the State of California; and
6. any firearm ammunition vendor who has been issued a Seller of
Ammunition Police Permit by the City of Carson.
(h) Violation of this section shall constitute a misdemeanor."
Section 3. This ordinance shall become operative on the operative date of such
ordinance or resolution as is necessary or appropriate to establish fees for a Seller of
Ammunition Permit.
Section 4. If any provision of this ordinance is found to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the
remaining provisions which can be implemented without the invalid provisions, and to this end,
the provisions of this ordinance are declared to be severable.
PASSED, APPROVED, and ADOPTED this 21St day of July, 2009.
ATTEST:
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Kawag
City Clerk Helen S.
APPROVED AS TO FORM:
City Attorne
Mayor Jim Dear
Ordinance No. 09 -1428
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing ordinance, being
Ordinance No. 09 -1428 passed first reading on July 7, 2009, was duly and regularly adopted by the
City Council of said City at a regular meeting of said Council, held on the 21st day of July, 2009,
and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber
None
None
None
City Clerk, City of Carson, Califjrnia