3-4-13 FirearmsAgenda Item 8:
Discussion of Policy Issues and Direction Regarding Firearm Sales in Los Gatos
and Consideration of Regulations
on the Sale of Firearms and Ammunition
1
This Council Meeting
Requested by Mayor in December
Background on Templar Sports
Recommended Direction
Challenging and Divisive Issue
2
Sale of Firearms & Ammunition
Federal and State Laws prevail
No existing Town Codes or regulations
Firearm sales have occurred previously:
Downtown and on Los Gatos Boulevard
Two prior home-based businesses
Two other Federal licensees appear inactive
3
Business Tax License
Over 4,000 per year in Los Gatos
800 new each year; 3,200 renewals
6 per year require a Conditional Use Permit
Business owner submits application
Town reviews use and location
Business pays tax & receives License
Templar received in late June & August
4
Certificate of Use & Occupancy
Standard process for any new business
Staff reviews against Town Code
If allowed by right, approved automatically
If not allowed, then denied or referred
“Retailing” allowed at 611 University
Prior to 1977 - Light Manufacturing Zone
Since 1977 - Commercial-Industrial Zone
5
Police Review
Police do not currently have any authority or discretion re: firearms retailers
Voluntary reviews exceeded standards
Involved off-duty officer given explicit direction to keep private business separate from public role and involvements
6
Chronology on Templar Sports
Week of June 18, 2012
Informal discussion with Police Chief
Applies for & receives Business License
August, 2012
Electrical permit for internal work
Architecture & Site Permit application
Requests/received modified Business License
September, 2012
DRC approves minor exterior modifications
Building Permit submitted (finaled 12/20)
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Public Questions
Why was this store allowed to open?
No legal authority to do otherwise
Why are other businesses more regulated?
All specified in the Town Code
Can we close Templar Sports?
No, unless they violate Federal/State law
Can we restrict firearms in the future?
Within limits, as recommended
8
Research Recommendations
Which land use zones most appropriate?
Require a Conditional Use Permit?
Restrict non-collector home occupations?
Establish a Police Permit process?
Require ID Checks for ammunition sales?
Require reporting lost/stolen firearms?
9
Conclusion
Given the lack of action by prior Councils,
neither staff nor the Town Council had or have any legal authority or discretion to deny, restrict or delay Templar Sports
However, the Town can follow the lead of other local jurisdictions in establishing appropriate new standards and requirements for the future.
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