In order to bring you the best possible user experience, this site uses Javascript. If you are seeing this message, it is likely that the Javascript option in your browser is disabled. For optimal viewing of this site, please ensure that Javascript is enabled for your browser.
SCCGov Home Skip to Content
 
AGENCIES & DEPTS

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

SANTA CLARA COUNTY CODE OF ORDINANCES: Division B19 FIREARMS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Division B19
FIREARMS

Sec. B19-1. License required.

(a) This division shall be interpreted in accordance with Part 4, Title 2, Chapter 1, Article 4 of the Penal Code of California (Penal Code § 12070 et seq.).

(b) Within the unincorporated area of the County, no person shall engage in the business of selling or transferring firearms, or offering or exposing firearms for sale or transfer, unless that person has been issued a license as provided herein.

(c) The license requirement shall not apply to the infrequent sale, lease or transfer, offering, exposing for sale, lease or transfer, or advertising for sale, lease or transfer of firearms. As used in this section "infrequent" means:

(1) For pistols, revolvers and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease or transfer of any number of pistols, revolvers or other firearms capable of being concealed upon the person.

(2) For firearms other than pistols, revolvers or other firearms capable of being concealed upon the person, occasional and without regularity.

(Ord. No. NS-624, § 1, 2-11-75; Ord. No. NS-624.1, § 1, 5-2-78; Ord. No. NS-624.2, § 1, 1-16-79; Ord. No. NS-624.7, § 1, 6-11-91)

Sec. B19-2. Application for license.

Written applications for a license under this division shall be filed with the Sheriff upon forms to be provided.

(Ord. No. NS-624, § 1, 2-11-75)

Sec. B19-3. Investigation by Sheriff and Planning Director.

(a) Upon receipt of an application for a license under this division, the Sheriff shall investigate the facts connected with the application and shall not approve the application if:

(1) The applicant is not of good moral character, or

(2) The sale of firearms by the applicant would constitute a violation of any state law or provision of this Code.

(b) The Sheriff shall also submit the application to the Director of Planning, who shall not approve the application if the proposed location of the business is not in compliance with the Zoning Ordinance.

(Ord. No. NS-624, § 1, 2-11-75)

Sec. B19-4. Issuance of license; fee required.

If the application is approved by the Sheriff and the Planning Director, a license shall be issued in the form required by the Attorney General. A fee of $125.00 per year shall be paid at the time of issuance of said license for each place of business.

(Ord. No. NS-624, § 1, 2-11-75; Ord. No. NS-624.3, § 1, 3-24-81; Ord. No. NS-624.7, § 2, 6-11-91)

Sec. B19-5. Conditions.

The license shall be subject to the conditions contained in Penal Code § 12071 and the conditions contained in this division.

(Ord. No. NS-624, § 1, 2-11-75)

Sec. B19-6. Licenses not transferable.

A license conferred under this division shall not be transferable, either as to the licensee or location of the business.

(Ord. No. NS-624, § 1, 2-11-75)

Sec. B19-7. Expiration of license; renewal.

A license conferred under this division shall expire at the end of one year, but may be renewed by the holder for the periods of one year upon payment of the fee specified in Section B19-4 of this division and upon the submission of a written renewal application on forms to be provided.

(Ord. No. NS-624, § 1, 2-11-75)

Sec. B19-8. Reserved.

Editor's note--Ord. No. NS-624.5, regulating assault weapons, was adopted as an urgency ordinance on Feb. 14, 1989, and was readopted Feb. 28, 1989. The section was repealed by § 1 of Ord. No. NS-624.6, adopted Jan. 9, 1990, operative Jan. 1, 1990.

__________ The County of Santa Clara - SCC Public Portal
County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help
All Content Copyright ©2009, the County of Santa Clara, CA