Reso 23-07 PC Reso 0029 PC Reso Firearms And Ammunition Retail Establishments

Browse Search

ATTY/RESO.0029/PC RESO FIREARMS AND AMMUNITION RETAIL ESTABLISHMENTS REV: 05-08-23 SK Page 1 of 11 RESOLUTION NO. 23-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDWOOD CITY RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 31.12 OF ARTICLE 31 OF THE ZONING ORDINANCE AND ADD ARTICLE 58 TO THE ZONING ORDINANCE TO REQUIRE A CONDITIONAL USE PERMIT FOR FIREARMS AND AMMUNITION RETAIL SALE USE AND ESTABLISH LOCATIONAL RESTRICTIONS ON SUCH USES WHEREAS, federal law requires firearm dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) and to comply with all state and local dealer laws as a condition for retaining their federal licenses; and WHEREAS, as of March 2023, there were 9,672 individuals federally licensed to sell firearms in California;1 and WHEREAS, federal laws are silent regarding many important aspects of the firearm dealer’s business, such as its location (leaving dealers free to operate out of their homes and near schools and other places children frequent, absent state or local regulation) and security requirements during business hours, which are currently inadequate to protect the public safety; and WHEREAS, California is among a minority of states that impose licensing requirements on firearms dealers, provides for issuance of local firearms dealer licenses, and emphasizes the authority of cities and counties to regulate firearms dealers; and WHEREAS, under California Constitution Article XI, section 5, charter cities such as the City of Redwood City have reserved powers to regulate with respect to municipal affairs; and WHEREAS, California Constitution Article XI, section 7 gives cities and counties the power to pass zoning regulations by providing that they “may make and enforce within its limits all police, sanitary, and other ordinances and regulations not in conflict with general laws”; and WHEREAS, the California Court of Appeal in Suter v. City of Lafayette (1997) 57 Cal.App.4th 1109 reaffirmed that state law authorizes local governments in California to impose additional licensing requirements on firearms dealers; and WHEREAS, the Ninth Circuit Court of Appeals in Teixeira v. County of Alameda (9th Cir. 2017) 873 F.3d 670 upheld a zoning ordinance that imposed conditional use permit requirements for firearms and ammunition retailers, and that also prohibited such retail uses within 500 feet of certain sensitive zoning districts or uses (e.g., residential 1 U.S. Dep’t of Jus�ce, Bureau of Alcohol, Tobacco, Firearms & Explosives, Federal Firearms listings, at htps://www.a�.gov/firearms/docs/undefined/0323-ffl-list-type-statepdf/download, (last visited April 24, 2023).