672.15 FIREARMS DEALERS.

   (a)   As used in this section:

      (1)   “Firearms dealer” means any person engaged in the business of selling or trading firearms or ammunition at wholesale or retail within the limits of the City, whether as the principal business of such person or in addition thereto.

      (2)   “Fugitive from justice” means a person who flees, escapes from custody, conceals or attempts to use any other unlawful means to avoid prosecution or punishment for a felony under the laws of this or any other state, the United States or any of its territories or possessions, the District of Columbia or any foreign country with which the United States has a treaty of extradition in effect.

      (3)   “Minor” means any person under the age of twenty-one years.

   (b)   License Required. Every firearms dealer in the City shall procure a license to engage in such business. Any firearm dealer engaged in such business at more than one permanent location in the City shall procure a separate license for each such permanent location. Application for such license shall be made under oath to the Chief of Police.

   (c)   Qualifications of Licensee. Upon application and payment of the fee prescribed in subsection (d) hereof, the Chief shall issue a license to engage in business as a firearms dealer. No license shall be issued to:

      (1)   Any person who has pleaded guilty to or been convicted of a violation of any of the provisions of this chapter until the expiration of five years from the date of the plea or conviction;

      (2)   Any person whose license has been revoked, until the expiration of five years from the effective date of such revocation;

      (3)   A minor;

      (4)   A person who has pleaded guilty to or been convicted of an illegal use or possession of narcotics;

      (5)   A person with more than one plea of guilty to or conviction of being drunk and disorderly within one year prior to his application for such identification card;

      (6)    Any person with more than one conviction of a misdemeanor involving the use of force and violence, or the threat of the use of force and violence, against the person of another within one year prior to his application for such identification card;

      (7)    Any person who is a fugitive from justice or is under adjudication of mental incompetence;

      (8)    Any person who has pleaded guilty to or been convicted of a felony under the laws of this or any other state, the United States or any of its territories or possessions, the District of Columbia or any foreign country with which the United States has a treaty of extradition in effect, until the expiration of ten years from the date of completion of any sentence, probationary period or parole imposed upon such person so convicted;

      (9)    Any itinerant merchant, peddler, solicitor, canvasser or hawker of goods, wares or services. (Adopting Ordinance)

   (d)    Fee. The fee for the license required by subsection (b) hereof shall be fifty dollars ($50.00). The license so issued shall be good and considered to be in full force and effect until such time as the license is revoked or surrendered or the licensee discontinues the business of being a gun dealer. Licenses issued pursuant to the provisions of this section are not transferable.

(Ord. 1979-55. Passed 4-16-79.)

   (e)    Location. All firearms sales or trades shall be conducted in and from at least one permanent location, enclosed and secured in a manner suitable to the Chief of Police.

   (f)    Records. 

      (1)    Every firearms dealer shall maintain a record of the sale of handguns. Such record of sale shall contain the name of the firearms dealer; the place and date of the sale; the name, address, age and Social Security number of the purchaser; and shall identify such handgun by manufacturer, model number of name, type, caliber and serial number. If such weapon does not bear a serial number or is other than a standard model, or has been modified and improved, the record of sale shall give a brief description of the weapon including such information as may be necessary to identify it. The record of sale shall include reference to the license or temporary permit of the purchaser issued pursuant to Section 672.07, or, if the purchaser is a nonresident of the City, then such information as is contained in a valid permit, authorization or identification as may be required by the laws of residence of the purchaser. Each such record of sale shall be signed by the purchaser and the salesman and no sale shall be made unless such license or temporary permit is exhibited by the purchaser. In the case of sales from a wholesale distributor to a dealer, the license number of the dealer shall be recorded in lieu of the aforesaid identification card.

      (2)    Every firearms dealer shall, on or before the fifth day of each month, furnish to the Chief of Police a copy of the record of sales of handguns made during the preceding month, and shall make available at all times to the Chief or his duly authorized agents the record of sales of all firearms required to be kept pursuant to the provisions of the Federal Firearms Act. In the case of a wholesale distributor, its records shall be made available at all times in lieu of the foregoing.

      (3)    No firearms dealer or any agent or employee of such dealer shall fail to comply with this section or knowingly cause any false information to be entered on a record of sale of any handgun, and no purchaser of any handgun shall give any false information for entry on such record of sale.

      (4)    As used in this section the term "wholesale distributor" means an individual, partnership or corporation selling only to licensed dealers and not at retail or otherwise to individual consumers.

   (g)    Revocation of Licenses. 

      (1)    When any licensed firearms dealer has been convicted of a violation of any of the provisions of this chapter, the Chief of Police shall revoke the license of such firearms dealer. A certified copy of the order of revocation shall be sent forthwith to the firearms dealer, who may appeal such order of revocation to Council within ten days from the receipt of the order. Council shall conduct a hearing upon such appeal within ten days from the receipt of a notice of appeal in writing from such order of revocation.

      (2)    No firearms dealer whose license has been revoked pursuant to this section shall engage in business as a firearms dealer in the City for a period of five years from the effective date of such revocation. Each day of continuing violation shall be deemed a separate offense.

      (3)    No firearms dealer shall employ, or enter into any partnership or corporation with, any person whose firearms dealer's license has been revoked pursuant to the provisions of this section.

   (h)    Penalty. Whoever violates any of the provisions of this section shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one year, or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Adopting Ordinance)