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Home My Public Portal AboutOrd. 1302PENAL CODE ~ PENAL CODE §12071 carrying and use of firearms and a course of 'hich meet the standards prescribed by the and Professions Code. ' ietired peace oRiars, ace Business and Professions Code '522. ministndve Cade Relwenna :ollwion end investigative urvices employee, requim ats (or carrying firurms, see 16 CaLAdm.COde 691 et fitting firearms in vehicle, or discharge of ful or malicious discharge of firearms from vehicle or the owner of any motor vehicle, the vehicle, knowingly to permit any other t in violation of Section 12031 of Chis code or ant the owner of the vehicle is occuoving the discharge any firearm from the vehicle is mare than one year or in state prison for 16 res a firearm from a motor vehicle at another Ity of a felony punishable by imprisonment in td Game Code, an}' person who willfully and is guilty of a public offense punishable by year or in the state prison. 97, § 3, eff. Sept. 26, 1987.) tion of any provision of this code" from the end of .(a); inxned subd. ro), relating to a driver or owner knowingly permits another to diuhargc a firwrm (rem vehicle; insetted subd. (c), making the willful and :loos diuharge of a firearm from a motor vehicle a y and specifying punishment; and made nonsubstantiv< gas. CONCEALED WEAPONS ee; restrictions or conditions intiR, en employee of licensed private investigator, did aye liberty interests in obtaining initial lic<nx to carry sled weapon, where many purple engagW in occupe- of private investigator and criminal of&nx invesigalor ut concealed weapons licetrx and no stigma attached riot of her application. Brdelyi v. O'Brien (C.A.1982) ltd 6I. res cftanpes or additions by amendment § 12054. Application fee; disposition Each applicant for a new license or for the renewal of a license shall pay at the time of filing his application a fee determined by the Department of Justice not to exceed the application processing costs of the Department of Justice for the direct costs of furnishing the report required b}' Section 12052. After the department establishes fees sufficient to reimburse the department for processin¢ fee shall transmit the fee, with the fingerprints if required, to the Department of Justice. ' 'The licensing authority of any city or county may charge an additional fee, not to exceed three dollars ($3), for processing any such application, and shall transmit such additional fee, if any, to the city or county treasury. (Amended by Stats.1984; c. 1562, § 2.) - ~ ~ - ; 1986 Amendment.' Substituted in the first sentence "not to exc«d the appliration processing costs oN for "to be sulfn:irnt to reimburu"; inserted the xcond unfence; do- tared the former third xntence which prior thereto read: "The fee charged shall not exceed ten dollars (5IO)." ' CYoss References State summary criminal history information, see § 11105. §§ 12060 to 12064. Inoperative Addition of §§ 12060 to 12064, relating to gun control, proposed by Initiative Measure,'was rejected by the people at the general eltttion held Nov. 2, 1982. ARTICLE 4. LICENSES TO SELL CONCEALED WEAPONS Section 12080. Pamphlet summary of firearms laws; contents; sale; immunity from liability: § 12071. Retail licenses; business regulations; clear evidence of his or her identity, defined (a) The duly constituted licensing authorities of any city, county, or city and county shalt. accept applications for, and may grant licenses permitting the licensee to sell at retail within the city, county, or city and county, pistols, revolvers, and other firearms capable of being concealed upon the person. If a license is granted, it shop be in the fa-m~preseribed by the Attorney Genera:, effective for not more than one year from the date of issue, and be subject to the following conditions, for breach of any of which the license shall be subject to forfeiture. (1) The business shall be carried on only in the building designated in the license. (2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen. - ~' - - - ~ - (3) No pistol or revolver shall be delivered: (A) Within 15 days of the application for the purchase, or, after notice by the department pursuant to subdivision (c) of Section 12076, within 15 days of the submission to the department of corrected copies of the register or within 15 days of the submission to the department of any fee required pursuant to subdivision (d) of Section 12076, whichever is later - -' (B) Unless unloaded and securely wrapped or unloaded and in a locked container.' _ (C) Unless the purchaser either is personally known to the seller or shall present clear evidence of his or her identity. - ' ' - (D) Whenever the dealer is notified b}'.the Department of Justice that a purchaser is in e prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 6103 of the Welfare and Institutions Code. - (4) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any' part of the premises where it can readily be seen from the outside. (b) As used in this article, "clear evidence of his or her identity" includes, but is not limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card, an Asterlska ' ' 'Indicate deletions by amendment - 87 HENRY S. BARDOSA RONALD T. VERA RICHARD J. MORILLO DOUGLAS D. BARNES G ONZALO P. CU RIEL LYNNE 5. BAS SIS BARBOSA F3 VERA ATTORNEYS AT LAW LOS ANGELES CORPORATE CENTER SUITE 350 1000 CORPORATE CENTER DRIVE MONTEREY PARK~GLIFO RNIA 91754 (213) 263-5199 March 1, 1988 Mr. Charles Gomez City Manager City of Lynwood 11330 Bullis Road Lynwood, California 90262 655 SOUTH HOPE STREET SUITE 1300 LOS ANGELE S. CA 9001] (213 66B-792] Re: Licensing of Dealers for concealed weapons Dear Mr. Gomez: At the Council meeting of February 16, 1988, the City Council on motion of Council member Wells, directed me to report to the Council on any possible controls the City might exercise over handguns and the like. I have also enclosed a copy of Penal Code Section 12070 which deals with deregulation of gun dealers by a City. That statute permits a City adopt by ordinance certain regulations restricting the sales of handguns. I have also attached a proposed ordinance which may be considered by the City Council at their next meeting. If there is any questions regarding any of the above, please feel free to call upon me. Very t ~S. Barbosa Attorney HSB:ng 418 Enclosures PENAL CODE trrying and use of firearms and a couree of ch meet the standards prescribed by the d Professions Code. red peace officers, stt Business and professions Code atratlre Coda Refermcea rtion and investigative xrvices employtt, rcquiro for carrying firurrds, stt 16 Cal.Adm.Code 691 e[ ~g firearms in vehicle, or discharge of or malicious discharge of Tirearms Crom ticle or the owner of any motor vehicle, vehicle, knowingly to permit any other violation of Section 12031 of this code or he owner of the vehicle is Deco in the :harge any firearm from the vehicle is than one ear or in state rison for 16 firearm from a motor vehicle at another ' a felony punishable by imprisonment in .me Code, any person who willfully and uilty of a public offense punishable by or in the state prison. 3, eff. Sept. 26, 1987.) any provision of this code' from the end of nxned subd. (b), relating to a driver or owner i81y Permits another to dis.:harge a firearm.&nm inserted subd. (c), making the willful and ixharge of a firearm from a motor vehicle a pacifying punishment; and made nonsubstantive 1EALED WEAPONS drictione or conditions employx of licensed private investigator, did ty interests in obtaining initial licenx to grry pon, where many purple rngagW in ouupa- investigator and criminal oRenx investigator rled weapons license and no stigma etmchcd r application Erdelyi v. O'Brien (C.A.1982) loges or adtlltlons by amendment PENAL CODE § 12054. Application fee; disposition § 12071 Each applicant for a new license or for the renewal of a license shall pay at the time of filing his application a fee determined by the Department of Justice not to exceed the a lication rocessin costs of the Department of Justice for the direct costs of furnishing the report required by Section 12052. After the department establishes fees suffirinnt r., .e;.s...___ ... , • •~ -~ v,~ we ungerpnnLS ti required, to the Department of Justice. ~.,• ar;u me licensing authority' of any city or county may charge an additional fee, not to exceed three dollars ($3), for processing any such application, and shall transmit such additional fee, if any, to the city or county treasury. (Amended by Stats.1984; c. 1562, § 2.) .. 1980 Amendment.' Substituted in [he first sentence "not . to excttd the application processing costs of for "to be sutBcient [o reimburse"; inxrtd the second xntence; do- tercel the former third xntence which prior thereto read: "The ftt charged shall not exceed ten dollars (510)." Cross Refercnea State summary criminal history information, see § 11105. §§ 12060 to 12064. Inoperative Addition of §§ 12060 to 12064, relating to gun wntrol, proposed by Initiative Measure, was rejs[ed by the people et the grn<ral election held Nov. 2, 1962. ' ARTICLE 4. LICENSES TO SELL CONCEALED WEAPONS (3) No pistol or revolver shall be delivered: Section 12080. Pamphlet summary of firearms laws; contents; sale; immunity from ]lability: § 12071. Retail licenses; business regulations; clear evidence of his or her identity, defined (a) The duly constituted licensing authorities of any city, county, or city and county shall accept applications for, and may grant licenses permitting the licensee to sell at retail within the city, county, or city and county, pistols, revolvers; and other firearms capable of being concealed upon the person. If a license is granted, it shop-be in the fo.-mprescribed D}' the Attorney Genara:, effective for not more than one year from the date of issue, and be subject to the following conditions, for breach of any of which the license shall be subject to forfeiture. (1) The business shall be carried on only in the building designated in the license. - ~ - (2) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen. ~- (A) Within 15 days of the application for the purchase, or, after notice by the department pursuant to subdivision (c) of Section 12076, within 15 days of [he submission to the department of corrected copies of the register or within 15 days of the submission to the department of any fee required pursuant to subdivision (d) of Section 12076, whichever is later. (B) Unless unloaded and securely wrapped or unloaded and in a locked container.' (C) Unless the purchaser either is personally known to the seller or shall present clear evidence of his or her identity. (D) Whenever the dealer is notified by.the Department of Justice that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (4) No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside. (b) As used in this article, "clear evidence of his or her identity" includes, but is not limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card, an Asterisks ' ' ' Indleate deletions by amendment - 87 § 12071 employment identification card which contains the documentation which PENAL CODE (Amended b Provides the seller reasonable rassura~ature and photogra h, or Y Stats.1989, c. 1562, § 3; State. ace of the identit P anY similar 19gz kBlahtlon. 1987, c. 700, § q.) Y of the purchaser. Deletion o(eubd. (3) of § @071, relating fo gun control, Propaud by Initiative MessurS was rejatal by the poople at the general eke6on held Nov. 2, 1982. § 12072. Prohibited sales, deliveree 1984 Amendmm0. Rewrote the s«tian. 1987 Le~alatlaa - 7'he 1987 amedment. in aubd. (ax3xB) inxrtal '•or unloaded and in a locked container". s, or transfers No person, corporation or dealer shall sell, deliver, or other ftrearm capable of being concealed upon the person to he ansfer any pistol, rev believe to be within an t'41'~e tr 8100 or 8103 of the Y of the classes prohibited b anY person whom he or she h °I°er, or shall any dealer sell, Welfare and Institutions Y Section 12021 or 12021.1 of this code or~use to deliver or transfer an C°de from ownin Section anY Person under the age of 21 years. In notevent shall an of being conceatled upon the arms, nor purchaser within 15 days of the application for the department pursuant to Y of these fires Person, to department of corrected coubdivision c purchase ther-- eof ohs be delivered to the () of Section 12076, within 15 da s of after notice b of any fee required pursuant of the register or within 15 da • Y the submission to the delivered the firearm shall be site rs eb drely wra }s of the submission to the (d) of Section 12076, whichever is department Where neither party to the transaction holds a Peed or in a locked container and shall e unloadedn transfer any such finearm to any other person w th tiler's licens- e~~ vendor. Any violation of the this state w person shall sell or otherwise Provisions of this section is a ho is not personally known to the (Amended by Stats.1984, c. 1562, misdemeanor. § 9; Stats.1987, c. 700, § 5.) 1962 I<glsledom Amendment of § 12072, relating to gun control, Proposed by Initiative Measurq was r<jatal by the people at the general el«tion held Nov. 2, 1982 1984 Amendment. Inxrtal in the firs[ xn[ence "or 12021.1 of this cads or S«tion 8100 or 8103 of the Welfare and Institutions Code" and also inserted "shall any dealer cealal eutpon ~ctrensfer any firearm capable of being con- °person under the eg of 21 6(or J'minor, under the age of I8"; and inxrtal in the second xnten« "or, after no[i« by §§ 12072.5 to 12072.8. Inoperative Addition of ¢§ 12072.5 to 12072.8, relating W gun con- trol, propwal by Initiative Measure, was raj«tal by the people et the general elation held Nov. 2, 1982. the department pursuant to subdivision (c) o(Secfion 120J6, within IS days of the submission to the department of wrrectal copia of the register or within 15 days of the submission to the department of any f« required pursuant to subdivision (d) of S«tion 12076, whichever is Inter •, 1987 Leglslatioa - '.7.e :^37 a+r:endmen; in she second xnten« irserted 'br m a locked container"; end made nonsubstantive and gen- der related change throughout. § 12073. Register of sales; contents; exemptions 1982 Leglslatloa. .. Deletion o(§ 12073 rclatin to iaw ReNew Commrntaries Initiative Measure, ass re «ted b rye control, proposed b q shot at stricter controls: Strict liability for gun manu- el«tion held Nov. 2, 1982. y People at the general lecturers. (1983) IS Pacific L.I. 171. § 12074• Register of sales; preparation and sale by state printer 1982 l.eglsletlon, ' Deletion of ¢ 12074, relating to gun control, proposal by Initiative Measure, was rejected by the people at the general el«tion held Nov. 2, 1982. § 12075. Register of sales; notice of issuance; non-transferrable 1982 leBia4tlam Deletion of § 12075, relating to gun contra; proposed by Initiative Measure, was rejected by the people nl the general election held Nov. 2, 1982. Underline Indleates changes or addltlons by amendment 88