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[Firearms and Ammunition]
Editor's Note:
See also the following Police Code provisions:
∙ Art. 14, Secs. 840 et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms).
∙ Art. 35, Firearm Strict Liability Act.
∙ Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages.
∙ Art. 36A, Sale, Manufacture, and Distribution of Firearms and Ammunition; Possession of Handguns.
∙ Art. 36B, Storage of Firearms in Motor Vehicles.
∙ Art. 45, Firearms and Weapons Violence Prevention Ordinance.
See also the following Police Code provisions:
∙ Art. 14, Secs. 840 et seq., Miscellaneous Regulations for Professions and Trades (relating to carrying firearms).
∙ Art. 35, Firearm Strict Liability Act.
∙ Art. 36, Prohibiting the Carrying of a Firearm While under the Influence of an Alcoholic Beverage or Drug, or Possession of a Firearm While upon Public Premises Selling or Serving Alcoholic Beverages.
∙ Art. 36A, Sale, Manufacture, and Distribution of Firearms and Ammunition; Possession of Handguns.
∙ Art. 36B, Storage of Firearms in Motor Vehicles.
∙ Art. 45, Firearms and Weapons Violence Prevention Ordinance.
It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component to sell, lease or otherwise transfer any firearm, firearms ammunition or firearms ammunition component without first having obtained a license from the San Francisco Police Department. The Department shall make available application forms requiring applicants to provide the information set forth in Section 613.2, and shall collect a nonrefundable application fee from each applicant.
The Chief of Police shall recommend to the Board of Supervisors, on or before April 1, 1994, a fee which shall be sufficient to recover all costs associated with regulating the sale of firearms under this Article, including but not limited to, processing applications, monitoring licensees, and enforcing the provisions of this Article. The fee shall be set by the Board of Supervisors.
(Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04, File No. 031932, App. 11/4/2004)
(a) "Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.
(b) "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellent or explosive charge, and a primer which is used in the operation of a firearm.
(c) "Firearm ammunition component" shall mean any cartridge or encasement, bullet or projectile, primer or propellent or explosive material used in the manufacture of ammunition.
(d) "Firearm capable of being concealed upon the person" shall mean any such firearm as defined in California Penal Code Section 12001(a).
(e) "Transfer" shall include, but shall not be limited to, the redemption of a pawned or pledged firearm by any individual including the individual who pawned or pledged the firearm.
(f) "Ultracompact firearm" shall mean any pistol, revolver, handgun or other firearm that is 6.75 inches or less in length or 4.5 inches or less in height, measured with the magazine detached, but shall not include any such firearm that is an unsafe handgun defined by Section 12126 of the California Penal Code.
(Added by Ord. 91-94, App. 2/25/94; amended by Ord. 225-96, App. 6/7/96; Ord. 283-96, App. 7/3/96, Eff. 1/1/97; Ord. 131-99, File No. 990493, App. 5/28/99; Ord. 62-00, File No. 000197, App. 4/14/2000; Ord. 242-00, File No. 000950, App. 10/27/2000; Ord. 260-04, File No. 031932, App. 11/4/2004)
(a) The application for a license to engage in the business of selling, leasing or otherwise transferring any firearm, firearms ammunition, or firearms ammunition component shall be signed under penalty of perjury and shall set forth:
(1) The name, age and address of the applicant, as well as the name, age and address of all persons who will have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and or supervisors, if any;
(2) The address of the location for which the license is required, together with the business name of such location, if any;
(3) All convictions of the applicant for any of the offenses listed in Section 613.3(e);
(4) All information relating to licenses or permits relating to firearms or other weapons sought by the applicant from other jurisdictions, including, but not limited to date of application and whether each such application resulted in issuance of a license;
(5) All information relating to revocations of licenses or permits relating to firearms, including but not limited to date and circumstances of revocation;
(6) Applicant's agreement to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, costs, damages and liabilities of any kind, arising in any manner out of the applicant's negligence or intentional or wilful misconduct;
(7) Applicant's understanding that the City shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, provisions of this Article, and all other applicable federal, state, and local laws.
(b) Each application must be accompanied by evidence that the applicant has satisfied the insurance requirements stated in Section 613.13 of this Article.
(c) All persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components shall obtain a certificate of eligibility under Penal Code Section 12071 from the state Department of Justice. A copy of the certificate of eligibility for each such person shall be submitted with the application.
(d) The Chief of Police shall conduct a criminal history background check on the applicant and on all other persons listed on the application form as having access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components, including but not limited to, the applicant's employees, agents and/or supervisors, if any, and shall determine whether such persons have been convicted of any offenses described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3. Where the Chief of Police determines that one or more of the applicants, employees, agents or supervisors have been convicted of an offense described in subsection (e) of Section 613.3, or are among the persons described in subsections (f) or (g) of Section 613.3, the applicant shall have 21 days from the mailing of written notification from the Chief of Police to provide evidence in a form acceptable to the Chief of Police that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms, firearm ammunition, or firearm ammunition components. In the event that an applicant fails to comply with this subsection, the Chief of Police shall deny the license.
(e) As used in this Section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who has access to, or control of, workplace firearms, firearm ammunition, or firearm ammunition components.
(Amended by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 2/25/94; Ord. 260-04, File No. 031932, App. 11/4/2004)
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