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Most of this probably doesn't need to be read but I'll include almost all of it those that want to read it. The bit right off the bat is what concerns me. Is this why we don't seem to have any firearms stores in S.F.?
613. Regulating Sale of Firearms. It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leas- ing or otherwise transferring any firearm, fire- arms ammunition, or firearms ammunition com- ponent to sell, lease or otherwise transfer any firearm, firearms ammunition or firearms ammu- nition component without first having obtained a license from the San Francisco Police Depart- ment. The Department shall make available ap- plication forms requiring applicants to provide the information set forth in Section 613.2, and shall collect a nonrefundable application fee from each applicant.
This obviously is old...
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.
613.2. Application Form and Background Check Requirements.
(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;
Page 78(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 willful 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.
613.3. Denial of License. The Chief of Police shall deny the issuance of a license when any of the following conditions exist:
(a) The applicant is under the age of 21 years.
(b) The applicant is not licensed as required by all applicable federal, State and local laws.
(c) The applicant has had a firearms license previously revoked or denied for good cause within the immediately preceding two years.
(d) The applicant has made a false or mis- leading statement of a material fact, or omission
of a material fact, in the application for a license. If a license is denied on this ground, the appli- cant shall be prohibited from reapplying for a license for a period of two years.
(e) The applicant has been convicted of:
(1) Any offense so as to disqualify the appli- cant from owning or possessing a firearm under applicable federal, State, and local laws, including but not limited to the offenses listed in California Penal Code Section 12021;
(2) Any offense relating to the manufacture, sale, possession, use, or registration of any fire- arm or dangerous or deadly weapon;
(3) Any offense involving the use of force or violence upon the person of another;
(4) Any offense involving theft, fraud, dis- honesty, or deceit, including but not limited to any of the offenses listed in Title 7 (Crimes Against Public Justice) and title 13, Chapters 4 (Forgery and Counterfeiting), 5 (Larceny), 6 (Embezzlement), 7 (Extortion), 8 (False Per- sonation), 13 and 14 (Fraud) of the California Penal Code;
(5) Any offense involving the manufacture, sale, possession or use of any controlled sub- stance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read.
(f) The applicant is within the classes of per- sons defined in California Welfare and Institu- tions Code Sections 8100 or 8103.
(g) The applicant is (1) currently, or has been within the past two years, an unlawful user of any controlled substance as defined by the Cali- fornia Health and Safety Code as said definition now reads or may hereafter be amended to read; or (2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms.
(h) The operation of the business as pro- posed would not comply with all applicable fed- eral, State, and local laws.
(i) The applicant, or an officer, employee, or agent thereof, proposes to operate in the fol- lowing locations:
(1) Within any RH, RM, RC, NC or RED zon- ing district, or within 1,000 feet of the exterior limits of any such district;
(2) Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary, junior high or high school whether public or private;
(3) On or within 1,500 feet of the exterior limits of any other premises used as a place of business by a dealer in firearms;
(4) Within 1,000 feet of a community center, church, neighborhood center, recreational cen- ter, whether public or private, where regularly scheduled activities are conducted for people under 18 years of age.
(j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot pro- vide evidence of a possessory interest in the property at which the proposed business will be conducted.
(k) Any other ground for denial exists under any applicable provision of federal, State or local law.
(l) The applicant fails to comply with the requirements of subsections (c) or (d) of Section 613.2.
As used in this Section, the term "applicant" when the applicant is other than a natural per- son 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.
613.8. Nonassignability of License. The as- signment or attempt to assign any license issued pursuant to this Article is unlawful and any such assignment or attempt to assign a license shall render the license null and void.
613.9. Security. In order to discourage the theft of firearms stored on the premises of a fire-arms dealer, each business licensed under this Article must adhere to security measures as re-quired by the Chief of Police. Security measures shall include but not be limited to:
(a) Provision of secure locks, windows and doors, adequate lighting, and alarms as speci- fied by the Chief of Police;
(b) Storage of all firearms on the premises out of the reach of customers in secure, locked facil- ities, so that access to firearms shall be con- trolled by the dealer or employees of the dealer, to the exclusion of all others.
613. Regulating Sale of Firearms. It shall be unlawful for any person, firm, corporation or dealer engaging in the business of selling, leas- ing or otherwise transferring any firearm, fire- arms ammunition, or firearms ammunition com- ponent to sell, lease or otherwise transfer any firearm, firearms ammunition or firearms ammu- nition component without first having obtained a license from the San Francisco Police Depart- ment. The Department shall make available ap- plication forms requiring applicants to provide the information set forth in Section 613.2, and shall collect a nonrefundable application fee from each applicant.
This obviously is old...
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.
613.2. Application Form and Background Check Requirements.
(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;
Page 78(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 willful 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.
613.3. Denial of License. The Chief of Police shall deny the issuance of a license when any of the following conditions exist:
(a) The applicant is under the age of 21 years.
(b) The applicant is not licensed as required by all applicable federal, State and local laws.
(c) The applicant has had a firearms license previously revoked or denied for good cause within the immediately preceding two years.
(d) The applicant has made a false or mis- leading statement of a material fact, or omission
of a material fact, in the application for a license. If a license is denied on this ground, the appli- cant shall be prohibited from reapplying for a license for a period of two years.
(e) The applicant has been convicted of:
(1) Any offense so as to disqualify the appli- cant from owning or possessing a firearm under applicable federal, State, and local laws, including but not limited to the offenses listed in California Penal Code Section 12021;
(2) Any offense relating to the manufacture, sale, possession, use, or registration of any fire- arm or dangerous or deadly weapon;
(3) Any offense involving the use of force or violence upon the person of another;
(4) Any offense involving theft, fraud, dis- honesty, or deceit, including but not limited to any of the offenses listed in Title 7 (Crimes Against Public Justice) and title 13, Chapters 4 (Forgery and Counterfeiting), 5 (Larceny), 6 (Embezzlement), 7 (Extortion), 8 (False Per- sonation), 13 and 14 (Fraud) of the California Penal Code;
(5) Any offense involving the manufacture, sale, possession or use of any controlled sub- stance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read.
(f) The applicant is within the classes of per- sons defined in California Welfare and Institu- tions Code Sections 8100 or 8103.
(g) The applicant is (1) currently, or has been within the past two years, an unlawful user of any controlled substance as defined by the Cali- fornia Health and Safety Code as said definition now reads or may hereafter be amended to read; or (2) an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms.
(h) The operation of the business as pro- posed would not comply with all applicable fed- eral, State, and local laws.
(i) The applicant, or an officer, employee, or agent thereof, proposes to operate in the fol- lowing locations:
(1) Within any RH, RM, RC, NC or RED zon- ing district, or within 1,000 feet of the exterior limits of any such district;
(2) Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary, junior high or high school whether public or private;
(3) On or within 1,500 feet of the exterior limits of any other premises used as a place of business by a dealer in firearms;
(4) Within 1,000 feet of a community center, church, neighborhood center, recreational cen- ter, whether public or private, where regularly scheduled activities are conducted for people under 18 years of age.
(j) The applicant, or an officer, employee or agent thereof does not have, and/or cannot pro- vide evidence of a possessory interest in the property at which the proposed business will be conducted.
(k) Any other ground for denial exists under any applicable provision of federal, State or local law.
(l) The applicant fails to comply with the requirements of subsections (c) or (d) of Section 613.2.
As used in this Section, the term "applicant" when the applicant is other than a natural per- son 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.
613.8. Nonassignability of License. The as- signment or attempt to assign any license issued pursuant to this Article is unlawful and any such assignment or attempt to assign a license shall render the license null and void.
613.9. Security. In order to discourage the theft of firearms stored on the premises of a fire-arms dealer, each business licensed under this Article must adhere to security measures as re-quired by the Chief of Police. Security measures shall include but not be limited to:
(a) Provision of secure locks, windows and doors, adequate lighting, and alarms as speci- fied by the Chief of Police;
(b) Storage of all firearms on the premises out of the reach of customers in secure, locked facil- ities, so that access to firearms shall be con- trolled by the dealer or employees of the dealer, to the exclusion of all others.
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