Local law enforcement inspections

[San Jose Gun Trader]

I am assisting a local agency with their licensing issuance codes/application. I saw a potential issue with their muni code that has a provision for unannounced inspections by the PD without DOJ or ATF present. Outside of a 4th Amendment issue can someone provide the codes that say ATF or DOJ must accompany a local agency with an inspection.

Thanks again Claguns

[CSACANNONEER]

I would think that they could do inspections of the overall shop as long as they don't look at your bound books without a warrant but, I'm not an expert or even that well versed on the matter.

[ASD1]

They could do any inspections of the building inside and out they want if it is a condition of their/your use permit/bis lic.

In Burlingame we get inspected by the

PD
Fire
Building Code enforcement

That being said it all depends on what they want to inspect.

safety and code items sure.

Paper work not with out a warrant as you have been entrusted with confidential information that you can not just let anyone look thru

[San Jose Gun Trader]

Thanks for the info. I spoke with ATF. They said a local jurisdiction can make any regulation that's more restrictive than ATF regs. So it would seem that a local law enforcement officer may inspect.

[kemasa]

As said, the issue is the bound book and the 4473 are Federal documents and there is a question as to whether they can look at it.

[allpoint]

You can correct me but I was under the impression local law enforcement could inspect if they issued the license such as pawn, massage, etc., listed below. If they didn't issue you the license what are they inspecting? Your firearms and records are State and Federal. Now some of you may be unincorporated areas or out of your homes which may be different because I do see firearms dealer on the list but I didn't have to go through them... But this is not martial law by the local pd.

The fees for the licenses, permits and registration certificates issued by the Sheriff and services provided by the Sheriff are shown as follows:

Licenses and Permits Initial/Permit/Annual Fee Renewal Fee
Adult Entertainment Employee License $251 $192
Adult Entertainment Establishment License $637 $559
Alarm System Permit $118
Amusement Establishment License $457/year + $60/device
Amusement Ride Center or Go-cart Center Permit $457/year
Bath-house Permit $684 $625
Bingo License $50/year
Blaster's ID Card $133/year
Blaster's Permit $479 $459
Carnival or Circus License $438/year + $100/day
Casino Party License $291/event
Charitable Solicitor Registration $0
Concealed Weapons License $63.14
(Additional fees required to Department of Justice and FBI) $21.52
Concealed Weapons License Amendment $10
Entertainment Establishment License $261/year
Entertainment Establishment Manager Registration $86/year
Explosives Permit $479 $459
Firearms Dealer Permit $379 $359
Fireworks Permit $232 $212
Fortune Telling License $251 $231
Holistic Health Practitioner $204
Junk Yards or Motor Vehicle Wrecking Yards License $465/year
Marijuana Operation Certificate $11,017 $11,017
Massage Establishment Business Permit $398 $379
Massage Business Permit - Off Premise $273 $106
Merchandise Coupon Distributor $118/year
Off-premises Massage License $273 $106
Outdoor Assembly License $534/event
Outdoor Assembly Manager Registration: Manager Event Registration $86
Pawnbroker or Second Hand Dealer $398 $273,
$106 (+ additional State license fee required)
Public Dance License $261 $241
Public Dance Manager Registration $86/year
Shooting Range Permit $334 $255
Solicitor's License $165 $106
Solicitor's ID Cards $106 $86
Swap Meet License $220 + $24/stall $200 + $24/stall
Taxicab Operator's License $283 + $64/cab $194 + $64/cab
Taxicab Driver's Identification Card $83 $64
Teenage Dance License $261 $192
Transportation Tags or Christmas Trees $0
International Clearance Letters $39
Notary Services $10
Fingerprints $22
Thumbprints $3

[San Jose Gun Trader]

You can correct me but I was under the impression local law enforcement could inspect if they issued the license such as pawn, massage, etc.,

Good point. The local PD was trying to see if they were in line with other agencies. Since I am on both sides of it they asked me. I still don't see how a muni code can bypass the 4th Amendment, but this is CA and the Bay Area.

[JeffM]

California law requires you to show local law enforcement your bound book.

CA PC 26900. (a) A licensee shall maintain and make available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, a firearm transaction record, as defined in Section
16550.
(b) A licensee shall be in compliance with the provisions of
subdivision (a) if the licensee maintains and makes available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, the bound book containing the same information
referred to in Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
records referred to in subdivision (a) of Section 478.124 of Title 27
of the Code of Federal Regulations.

At my previous employer I was directed to make documents available for inspection but to decline to make photo copies of documents for local LE when asked. I was also directed to decline to make photo copies of Federal documents (4473s and pages from the bound book) for State DOJ agents. They ended up taking photos of the documents with cameras or camera phones while inspecting them, which I had no control over and did not give permission for.

[allpoint]

California law requires you to show local law enforcement your bound book.

CA PC 26900. (a) A licensee shall maintain and make available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, a firearm transaction record, as defined in Section
16550.
(b) A licensee shall be in compliance with the provisions of
subdivision (a) if the licensee maintains and makes available for
inspection during business hours to any peace officer, authorized
local law enforcement employee, or Department of Justice employee
designated by the Attorney General, upon the presentation of proper
identification, the bound book containing the same information
referred to in Section 478.124a and subdivision (e) of Section
478.125 of Title 27 of the Code of Federal Regulations and the
records referred to in subdivision (a) of Section 478.124 of Title 27
of the Code of Federal Regulations.

At my previous employer I was directed to make documents available for inspection but to decline to make photo copies of documents for local LE when asked. I was also directed to decline to make photo copies of Federal documents (4473s and pages from the bound book) for State DOJ agents. They ended up taking photos of the documents with cameras or camera phones while inspecting them, which I had no control over and did not give permission for.

WOW!