Purpose. | |
Scope of Chapter. | |
Definitions. | |
Minimum Qualifications. | |
Implementation. | |
Exceptions. | |
Waivers. |
The purpose of this Chapter 21H is to ensure that the City procures firearms and ammunition only from suppliers that adhere to public safety policies regarding firearms; comply with all applicable federal, state, and local laws and regulations; and have valid federal firearms licenses, and valid state and local licenses, permits, and certifications required by their jurisdictions in order to deal in firearms, including but not limited to, for California suppliers, valid State Board of Equalization seller’s permit(s), and a Certificate of Eligibility pursuant to Section 26710 of the California Penal Code.
(Added by Ord. 104-24, File No. 240175, App. 5/24/2024, Eff. 6/24/2024)
This Chapter 21H applies to the City’s procurement of firearms and ammunition. Unless expressly stated otherwise in this Chapter, all of the requirements of Chapter Chapter 21, as well as any other applicable Charter or Municipal Code requirement, apply to firearms and ammunition contracts procured under the authority of this Chapter.
(Added by Ord. 104-24, File No. 240175, App. 5/24/2024, Eff. 6/24/2024)
(a) As used in this Chapter 21H, except as specified herein, all terms shall have the same meanings as in Chapter 21.
(b) For purposes of this Chapter 21H, the following terms are defined as follows:
“Ammunition” has the meaning set forth in California Penal Code Section 16650, as may be amended from time to time.
“Firearm” has the meaning set forth in California Penal Code Section 16520, subsections (a), (b) and (c), as may be amended from time to time.
“Purchase” means procurement of firearms and/or ammunition bythe1
City, the cost of which is to be paid wholly or partially out of moneys deposited in the Treasury of the City.
“Supplier” means an entity that sells firearms and/or ammunition directly to the City.
(Added by Ord. 104-24, File No. 240175, App. 5/24/2024, Eff. 6/24/2024)
CODIFICATION NOTE
In order for a Supplier to be awarded a contract, the Purchaser must determine that the Supplier meets the following minimum qualification requirements:
(a) Compliance with all federal, state, and local laws and regulations applicable to retail dealers and manufacturers of firearms and ammunition; possession of valid federal, state and local firearms licenses, permits, and certifications required by all applicable jurisdictions in order to deal in firearms, including but not limited to, for California Suppliers, valid State Board of Equalization seller’s permit(s) and a Certificate of Eligibility pursuant to Section 26710 of the California Penal Code.
(b) Public safety policies that serve the following purposes:
(1) Prevention, detection, and screening for the transfer of firearms or ammunition to straw buyers or firearm traffickers.
(2) Prevention of sales to prohibited individuals and persons too dangerous to possess firearms.
(3) Protection against the theft of firearms and ammunition.
(4) Employee training designed to ensure maximum compliance with the law.
(5) Assistance to law enforcement in the investigation and prevention of criminal access to guns.
(c) No unresolved ATF violations within the last five years;
(d) An average of no more than five trace requests from the ATF per year over the prior five years; and
(e) Five or fewer thefts of firearms and/or ammunition from its facilities over the prior five years.
(Added by Ord. 104-24, File No. 240175, App. 5/24/2024, Eff. 6/24/2024)
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