4-144-710 Firearms dealer – License required.

   (a)   It shall be unlawful for any person to engage in the business of: (1) selling or otherwise transferring, at retail, any ammunition or any new or previously owned firearm; or (2) repairing firearms or making or fitting special barrels, stocks or trigger mechanisms to firearms, without securing a weapons dealer-firearms dealer license to do so.

   (b)   The license required under this Article shall be in addition to any other license required by this code or other applicable law; provided that:

      (1)   no secondhand dealer license shall be required for a licensee to purchase from, sell to, or otherwise transfer a previously owned firearm to a customer at the licensed premises;

      (2)   no weapons dealer-stun gun dealer license shall be required for a licensee to purchase from, sell to, or otherwise transfer to a customer a stun gun or taser at the licensed premises; or

      (3)   no certificate of fitness or license issued pursuant to chapter 15-4 shall be required for the storage of ammunition at the licensed premises in compliance with this Article and section 15-4-985.

   (c)   A license or renewal of a license issued under this Article shall expire two years after the date of issuance; provided that if after the effective date of this section, the licensee has an existing license issued under this Title 4 for the licensed premises, the commissioner is authorized to align the expiration date of the license issued under this Article to the expiration of any existing business license issued under this Title 4, and to prorate the fee for such license.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-720 License - Application.

   (a)   An application for a license pursuant to this Article shall be made in conformity with the provisions of this Article and the general requirements of Chapter 4-4 relating to applications for licenses. No original or renewal license shall be issued to any applicant or licensee unless all persons required to be disclosed as applicants meet the eligibility requirements.

   (b)   The application shall be in writing, signed by the applicant if an individual. If the applicant is a partnership or corporation, the application shall be signed by an officer or partner. If the applicant is a limited liability company managed by members, the application shall be signed by a manager. If the applicant is a limited liability company managed by its members, the application shall be signed by a member. The application shall be verified by oath or affidavit, and shall include the following statements and information:

      (1)   in the case of an individual: the name, date of birth, residence address, current telephone number and social security number of the applicant; in the case of a partnership, limited partnership, corporation, limited liability company or other legal entity: the date and state of its organization or incorporation; the objects for which it was organized or incorporated; and the name, residence address, date of birth and social security numbers of any applicant;

      (2)   the location and description of the premises which is to be operated under such license;

      (3)   the name, address and phone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as trustee and if known to the applicant. If the premises is leased, a copy of the lease, which must include a statement of the building owner indicating that the owner agrees to the use of the building for the operation of a firearms dealer;

      (4)   the name, date of birth, residence address and current telephone number of every store manager at the licensed premises;

      (5)   a copy of the applicant's and manager's FOID cards; provided that if the applicant is not a natural person no FOID card shall be required for the applicant or controlling persons;

      (6)   a copy of the applicant's federal firearm license;

      (7)   the name, date of birth, residence address and current telephone number of all responsible persons;

      (8)   a statement that the applicant is qualified to receive a license because the applicant, responsible person, store manager and all authorized employees meet all the requirements of: (i) any applicable provision of this Article; (ii) another applicable provision of this code; or (iii) any other applicable local, state or federal law;

      (9)   a statement that the applicant, responsible person, store manager or any authorized employee has not been convicted, or found liable in an administrative adjudication, of a felony, a misdemeanor involving a firearm, or any other law concerning the manufacture, possession, use or sale of firearms;

      (10)   a statement as to whether any previous license which authorized the sale of firearms issued by any jurisdiction to the applicant, responsible person, store manager or any authorized employee was revoked, the date of the revocation and the reasons for the revocation; and

      (11)   any other information that the commissioner or the superintendent may require to implement this Article.

   (c)   The commissioner shall forward the application to the departments of fire and police. Before a license shall be issued, the departments of buildings, fire and police shall inspect the premises for which the license is sought to determine whether the proposed licensed premises is in compliance with the provisions of this code and the rules and regulations promulgated thereunder relating to buildings, public safety and fire prevention.

   (d)   The applicant, store manager and all responsible persons shall submit to fingerprinting by the department.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-730 License qualifications.

   (a)   No license shall be issued under this Article if the applicant, responsible person, store manager, or any authorized employee:

      (1)   is under 21 years of age;

      (2)   has ever been convicted of a felony;

      (3)   has ever been convicted of a misdemeanor involving a firearm, or any other violation of law concerning the manufacture, use, possession or sale of firearms.

   (b)   In addition to the qualifications set forth in subsection (a), if the applicant is selling or otherwise transferring firearms, no license shall be issued if:

      (1)   the applicant has not been issued a valid federal firearm license for the proposed licensed premises; and

      (2)   the applicant, store manager and all authorized employees do not possess valid FOID cards; provided that if the applicant is not a natural person, no FOID card shall be required of the applicant or controlling persons.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-740 License issuance – Restrictions.

   In addition to any other reason for revocation or denial of a license provided in this code, a license issued under this Article shall be denied or revoked for any of the following reasons:

   (a)   The applicant's license under this Article, or any other license for the sale, manufacture, use or possession of firearms or ammunition, has been revoked for cause.

   (b)   A license issued under this chapter for the location described in the application has been revoked for cause within three years of the date of the application.

   (c)   An applicant or licensee makes any false, misleading or fraudulent statement or misrepresents any material fact in the license application or renewal of any license, or uses any scheme or subterfuge for the purpose of evading any provision of this Article.

   (d)   An applicant or licensee at the time of application or renewal of a license would not be eligible for such license upon a first application.

   (e)   An applicant or licensee has been issued one of the following licenses for the same premises;

      (1)   secondhand dealer;

      (2)   pawnbroker;

      (3)   sale of alcoholic liquor;

      (4)   medical cannabis dispensing organization; or

      (5)   cultivation center.

   (f)   A responsible person or store manager was a responsible person or store manager for a person whose license for the sale, manufacture, use or possession of firearms or ammunition was revoked for cause within the previous three years.

   (g)   An applicant or licensee at the time of application or renewal of a license does not have a safety plan approved by the superintendent.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-750 Location restriction.

   No license shall be issued for a location that is within 500 feet from any pre-existing primary or secondary school or any park owned or leased by any unit of local, state or federal government, measured from property line to property line.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-760 License issuance and conditional approval.

   (a)   The commissioner shall approve or deny the application, or issue a conditional approval, no later than 45 days after payment of the license fee.

   (b)   Upon review of the application, if the commissioner determines that an applicant meets the requirements for the issuance of a license except that the applicant has not been issued a federal firearm license, the commissioner may conditionally approve such application to permit the applicant to apply for a federal firearm license. The conditional approval shall be for a period of no longer than 120 days. The conditional approval does not authorize the applicant to engage in any business requiring a license under this Article. If the applicant fails to obtain a federal firearm license during the 120-day period, the application shall be denied.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-770 Responsible sales of firearms training.

   (a)   Within 30 days after issuance of a license under this Article, the licensee shall contact the superintendent, in a manner and form prescribed by the superintendent, to schedule an initial training session on the best practices for the responsible sale of firearms to be conducted by the police department. The current store manager and all current authorized employees shall complete the training program no later than 60 days after issuance of the license. Annually thereafter, the licensee shall contact the superintendent to schedule an initial training session for any store manager or authorized employee subsequently employed after the last initial training session conducted for that licensee.

   (b)   After completion of the initial training program by a store manager or authorized employee, such store manager or authorized employee shall complete a refresher training program once every three years.

(Added Coun. J. 6-25-14, p. 83727, § 4)

4-144-780 Department duties.

   (a)   The commissioner has the authority to promulgate rules and regulations to implement those aspects of this Article which fall under the commissioner's jurisdiction.

   (b)   (1)   The superintendent shall develop training programs, consistent with section 4-144-770, on the responsible sale of firearms for store managers and authorized employees. At a minimum, the training programs shall instruct store managers and authorized employees on best practices for the detection and deterrence of illegal purchases of firearms.

      (2)   The superintendent has the authority to promulgate rules and regulations to implement those aspects of this Article, which fall under the superintendent's jurisdiction, including, but not limited to, the conducting of a physical inventory, training programs for licensees, the safety plan, and the safe storage and handling of firearms and ammunition.

(Added Coun. J. 6-25-14, p. 83727, § 4)