Ordinance 1987-10ORDINANCE NO. 87-10
AN ORDINANCE OF THE CITY OF GILROY ENACTING
CHAPTER 9A OF THE GILROY CITY CODE PERTAINING TO
FIREARMS SALES
Upon recommendation of the Chief of Police, and good
cause appearing therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 9A, of the Gilroy City Code is
enacted to read as follows:
CHAPTER 9A
FIREARMS SALES
Sec. 9A.1 Firearms Defined,
The term "firearms", as used in this chapter, in-
cludes, but is not limited to, handguns, rifles,
shotguns, gas or air guns, springloaded guns and
other weapons coming under the definition of
firearms as defined in the California Penal Code.
Sec, 9A.2 Applicability.
Private persons selling their own firearms shall be
exempted from the purview of this chapter. For the
purposes of this chapter, a person selling three or
more firearms in any calendar year shall be presumptively
deemed to be engaged in the commercial sale of firearms
and shall be required to comply with the terms of
this chapter.
Sec. 9A. 3 General Requirements.
No person shall engage in the business of selling,
offering for sale, or displaying for sale, or storing
preparatory for sale, any firearms within the City
limits of Gilroy unless the person has fully complied
with all of the following conditions:
A. The seller shall hold a Federal Firearms Permit
and shall meet all the provisions of the Gun Control
Act of 1968,
B. The seller shall comply with all applicable
sections of the California Penal Code relating to
registration of sales of firearms.
ORDINANCE NO. 87-10 -1-
C, The seller shall have obtained a permit
from the chief of police authorizing the storage of
firearms within the City of Gilroy, The permit shall
be renewable annually and shall be issued only upon
a showing that the seller has a Federal Firearms
Permit and has taken steps to insure the safety of
his firearms from burglary, theft and fire. The
chief of police shall have the right, in conjunction
with the building inspector, to require a condition
for the issuance of a permit, structural changes to
the building in which the firearms are sold or stored,
with the structural changes, specifically including,
but not limited to, the installation of burglar alarms
and other warning devices, to be such as are reasonably
related to the purpose of insuring the safety of such
firearms from burglary or theft,
D. Applicants may be required to submit fingerprints
to California Department of Justice as a part of the
background check.
Sec. 9A~4 Permit . Fee,
To be set and adjusted by City Council action, The
annual fee shall be paid at the time the application
is obtained from the chief of police and is nonrefundable.
Sec. 9A.~ 5 Permit - Duration - Nontr'ansferable.
Permits issued by the chief of police shall be valid
for a period of one year from the date of issuance and
shall not be transferable from one person to another
or from one location to another.
Sec 9A.6 Permit ReVocation,
A permit issued under the provisions of this chapter
shall be revoked by the chief of police upon proof to
his satisfaction of a violation by the holder of such
permit of this chapter, or any ordinance of the City of
Gilroy or law of the state regulating or establishing
standards for the commercial sale of firearms.
Sec, 9A,7 Appeal of SUspension or RevOcation,
A. Any such person, whose permit issued under the
provisions of this chapter having been so suspended or
revoked, shall have the right to appeal to the City
Council in writing within three days after notification
of such suspension or revocation, or within thirty days
after denial thereof, and to be heard by the City Council
with relation thereto at its next regular or regUlar-
adjourned meeting, or at a special meeting of the City
Council called for such purpose, and the action of the
City Council upon such appeal shall be final and conclusive
with respect to the suspension or revocation of such permit.
ORDINANCE NO. 87-10 -2-
B, In the event that such appeal is taken
as provided in subsection A of this section, such
business or occupation, where such permit has
already been granted, shall not be suspended or
revoked until the final disposition of the appeal
by the City Council,
Sec gA,8. Violation Penallty.
Any person violating any part of this chapter
shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine of not less
than three hundred fifty dollars ($350) and, for a
second conviction, by a fine of not less than five
hundred dollars (_$500), or by imprisonment not
exceeding six months, or by both such fine and
imprisonment,
SECTION Il. Ail ordinances and parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and
be in full force thirty (130) days from and after its adoption
and approval,
PASSED AND ADOPTED this 1st day of June 1987 by
the following vote~
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, 'VALDEZ and HUGHAN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
APPROVED:
ORDINANCE NO. 87-10
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 87-10 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 1st day of June , 19 87 ,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 2nd day of June
19 87.
(Seal)