12�a\q N aF MEETING DATE: 06/17/13
ITEM NO.
COUNCIL AGENDA REPORT
s s at
DATE: June 12, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
JUDITH PROPP, TOWN ATTORNEY
SUBJECT: CONSIDER INTRODUCTION OF AN ORDINANCE TO ADD A NEW
SECTION XIII TO CHAPTER 14 OF THE LOS GATOS TOWN CODE
ENTITLED "FIREARMS DEALERS SALE OF FIREARMS AND
AMMUNITION" TO REQUIRE A REGULATORY PERMIT PROCESS FOR
THE SALE OF FIREARMS AND AMMUNITION
RECOMMENDATION:
After opening and closing the public hearing, and asking the Cleric to read the title of the proposed
ordinance, the Town Council by motion and majority vote:
1. Waive the reading of the ordinance (motion required).
2. Introduce the ordinance recommended by the Council ad hoc subcommittee to require a permit
process for the sale of firearms and ammunition (motion required).
ALTERNATIVES:
Instead of the actions above, the Council may:
• Introduce the ordinance with modifications (motion required);
• Continue the matter to a date certain with specific direction to staff (motion required); or
• Not adopt or take action on the ordinance.
BACKGROUND:
In response to public comments made under Verbal Communications at the Dec. 17, 2012 meeting of
the Town Council, the Mayor requested a Council meeting for discussion regarding firearm sales in
Los Gatos. Questions were raised by the public regarding the December 2012 opening of a retail
CIS) Reviewed by: Assistant Town Manager _Town Attorney Finance
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Firearm sales
June 12, 2013
BACKGROUND: (cont'd)
store, Templar Sports, which sells firearms and ammunition.
Town Council received comments on this matter from members of the public at meetings on
February 4, 2013, and a continued meeting on February 11, 2013.
At the time of the February 2013 Council meetings, the Los Gatos Town Code did not provide any
restrictions or authority to address the sale of firearms, ammunition, and explosive devices, except
for sales to minors. Therefore, at a Special Town Council meeting on February 11, 2013, Council
adopted staff's recommendation to research, study, and return with information necessary to consider
potential Town ordinances and policy changes to:
a. Designate which land use zones may be appropriate for sale of firearms and ammunition,
including consideration of appropriate proximity limits from schools, parks and selected
establishments;
b. Require a Conditional Use Permit for the sale of firearms and ammunition;
c. Restrict home occupation permits for sale of firearms and ammunition;
d. Establish a Police Permit requirement for dealers of firearms and ammunition,
e. Require identification checks for the sale of ammunition; and /or
f. Require the reporting of lost or stolen firearms.
In addition, Council directed staff to prepare an urgency ordinance for the meeting of March 4,
2013, to consider placing a temporary moratorium on the establishment of commercial operations
engaged in the sale of firearms, ammunition, and /or explosive devices within the Town of Los
Gatos to allow time to study and consider the land use issues related to firearms and ammunition
sales, as described above.
At the Town Council meeting on March 4, 2013, Town Council adopted an urgency ordinance
placing a temporary moratorium on the establishment of commercial operations engaged in the
sales of firearms, ammunition, and /or explosive devices within the Town of Los Gatos. The
Council extended that moratorium on April 5, 2013 and, the moratorium is still in effect until
February 20, 2014. Prior to February 2014, Council has the option to adopt land use regulations
including zoning for commercial sales of firearms. Based on Council's prior direction to staff,
land use regulations are anticipated to be considered by the Planning Commission and Town
Council well before the expiration of the land use moratorium.
DISCUSSION
The Mayor appointed Council Members Marcia Jensen and Joe Pirzynski to an ad hoc
subcommittee to work with staff on the language for an ordinance to establish a regulatory
business permit process for firearms sellers in the Town of Los Gatos. The Council ad hoc
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Firearm sales
June 12, 2013
DISCUSSION (cont'd
subcommittee is recommending the proposed ordinance for Council's consideration and
approval.
Local governments are expressly authorized under state law to regulate firearms dealers
(California Penal Code section 26705; Suter v. City of Lafayette (1997) 57 Cal.App.4th 1109).
Furthermore, the United States Supreme Court ruled in District of Columbia v. Heller (2008) 554
U.S. 570 that laws imposing conditions on the commercial sale of firearms are "presumptively
lawful" under the Second Amendment to the United States Constitution. Many local California
cities and counties have enacted ordinances regulating firearms dealers, including locally the
cities of Campbell, Palo Alto, Santa Cruz, and Capitola.
Based on Council's direction and the ad hoc subcommittee's input, the ordinance is primarily
modeled after similar ordinances adopted by Bay Area cities. In summary, the proposed
ordinance provides as follows:
• Requires all firearms sellers to obtain a permit from the Town of Los Gatos;
• Establishes minimum requirements and standards to obtain a permit including
verification of required state and federal licenses and certificates, criminal history check
for owners and employees, security measures and insurance;
• Provides a public hearing process for the initial permit and annual renewals;
• Establishes grounds for suspension or revocation of an existing permit.
Under the proposed ordinance, anyone engaging in the business of selling, transferring or
advertising for sale or transfer any firearm, ammunition, or destructive device shall be required to
file an application for a permit within 60 days after the effective date of any ordinance adopted
by Council, including existing federal firearms license holders (both Type 3 and Type 7).
Land Use Regulations
The Council ad hoc subcommittee will continue to work with Town staff to propose zoning and
land use regulations for firearms dealers. It is anticipated that the land use ordinance will
establish which land use zones are appropriate for firearms retailers and establish a requirement
for a conditional use permit. All land use matters will be considered in public meetings by the
Planning Commission with a recommendation to Town Council. It is anticipated that those
hearings will likely occur in August and September.
PAGE 4
MAN70R AND TOWN COUNCIL
SUBJECT: Firearm sales
June 12, 2013
State Legislation
The State of California is considered to already have stringent gun laws. Current State law
prohibits selling assault -type weapons and weapons without approved safety devices. In
addition, the State requires a 10 -day waiting period for checking background, proof of California
residency prior to obtaining any firearm, and presentation of a handgun safety certificate prior to
obtaining a handgun. Both State and Federal law also prohibits an individual from possessing a
firearm within a school zone (within 1000 feet of a public, private or parochial school), with
certain exceptions.
In addition to existing gun laws, the California Legislature is currently considering adoption of
the following regulations:
• SB 47, which prohibits so- called bullet buttons and other devices that gun
manufacturers use to circumvent the state's assault weapons ban and allow swift
reloading. A similar bill, AB48, passed in the Assembly.
• SB 567, which changes the definition of a type of shotgun that is already banned in the
state to include a shotgun -rifle combination.
• SB 53, which requires ammunition buyers to get a permit, have a background check
and pay a fee.
• SB 396, which bans ammunition magazines over 10 rounds, including those that
people already own.
• SB 755, which expands the list of those prohibited from owning weapons to include
people convicted of additional drug and alcohol offenses.
• SB 683, which expands the requirement for a firearms safety certificate from handguns
to rifle purchases.
• SB 374, which prohibits the sale, purchase, manufacture, importation or transfer of
semi- automatic rifles that can accept detachable magazines.
• SB 293 which would require all newly made or imported handguns in California to be
"smart guns," digitally personalized so only their owners can fire them.
CONCLUSION:
Adoption of the proposed ordinance would require all firearms dealers to obtain a permit from
the Town of Los Gatos as allowed under California State law. The Council ad hoc subcommittee
recommends that Town Council approve the ordinance.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: Firearm sales
June 12, 2013
FISCAL IMPACT:
Section 14.130.025 allows Town Council to establish a fee for processing the permit. Consistent
with other similar Town fees, the fee will be based on a cost recovery method. If the Council
approves the proposed ordinance for a permit, then the fee resolution to establish a fee will be
brought to Town Council for consideration when the ordinance returns for a second reading and
Council's adoption of the ordinance.
Attachments:
1. Draft ordinance
2. Public Comments received through 3:00 p.m. Thursday, June 13, 2013
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW SECTION XIII TO
CHAPTER 14 OF THE LOS GATOS TOWN CODE ENTITLED "FIREARMS
DEALERS SALE OF FIREARMS AND AMMUNITION" TO REQUIRE A
REGULATORY PERMIT PROCESS FOR THE SALE OF FIREARMS AND
AMMUNITION
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 14 of the Los Gatos Town Code is amended to add a new Section XIII (14.130.100
through 14.130.075) shall read as fully set forth on Exhibit A.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 17, 2013 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on ,
2013. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA Rev 6/2/04
ATTACHMENT 1
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Sec. 14.130.010
Sec. 14.130.015
Sec. 14.130.020
Sea 14.130.025
Sec. 14.130.030
Sec. 14.130.035
Sec. 14.130.040
Sec. 14.130.045
Sec. 14.130.050
Sec. 14.130.055
Sec, 14.130.060
Sec. 14.130.065
Sec, 14.130.070
Sec. 14.130.075
See. 14.130.010
ARTICLE XIII. FIREARMS DEALERS
Sale of Firearms and Ammunition
Purpose and intent.
Definitions.
Permit requirements.
Application for permit; fee.
Investigation for permit.
Grounds for denial of permit.
Public hearing for permit.
Permit conditions, term, and renewal.
Transferability of permit.
Law enforcement inspections.
Suspension or revocation of permit.
Compliance.
Penalties.
Severability.
Purpose and intent.
This Article is enacted pursuant to state law as set forth in the California Penal Code that
allows a local government to require a permit (license) to sell firearms within the Town.
See. 14.130.015 Definitions.
For purposes of this Article XIII, the following words and terms are defined as follows:
Applicant means any person or any officer, director, employee or agent of a business, or a
business entity who applies for a permit to sell, lease, or transfer firearms, firearm components,
ammunition, or destructive devices.
Chief of Police means the Chief of Police of the Town of Los Gatos or the Chief's designated
representative.
Destructive Device means any explosive, incendiary, bomb, grenade or any similar device as
more particularly defined in Title 18, United States Code, and California Penal Code.
Director of Community Development means the Director of Community Development of the
Town of Los Gatos or the Director's designated representative. All references in the Town Code
to "Planning Director" are intended to refer to the Director of Community Development (Town
Code Section 20.10.020).
Firearm means any device which is designed to be used as a weapon or may be converted or
modified to be used as a weapon which expels a projectile through a barrel by the force of an
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 1 of 9
EXHIBIT A
explosion or other form of combustion. A "firearm" includes any device defined in Title 18,
United States Code, and relevant sections of the California Penal Code,
Firearm Ammunition (or Ammunition) means any cartridge cases, primers, bullets, or
propellant powder designed for use in any firearm, and any component thereof.
Permitee means any person or any officer, director, employee or agent of a business, or a
business entity who is issued a permit to sell, lease, or transfer firearms, firearm components, or
ammunition.
Retail Sales of Firearms, Ammunition and /or Destructive Devices means any business
engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm
component, ammunition and /or destructive device as defined in this chapter by means of
traditional retail sales, individual or bulk transactions, internet transactions, or in any other
manner indicative of trade.
Sec. 14.130.020 Permit requirements.
No person shall engage in the business of selling, leasing, transferring, advertising or offering
or exposing for sale any firearms, ammunition, or destructive devices without first obtaining a
permit pursuant to the provisions of this chapter. For purposes of this chapter, engaging in the
business of selling or transferring firearms, ammunition, and /or destructive devices includes the
infrequent sale or transfer, offer, exposing for sale, or advertising of firearms, ammunition,
and /or destructive devices.
Sec. 14.130.025 Application for permit; fee.
(a) Any person, partnership, or other entity desiring to engage in the business of selling or
transferring firearms, ammunition and /or destructive devices shall apply for a permit to do so on
an application form specifically designated for that purpose and provided by the Town of Los
Gatos.
(b) Any person proposing to engage in business as a firearms dealer within the Town shall
secure the applicable federal and state firearms licenses or certificates and shall apply within
thirty calendar days after approval of such federal license to the Town of Los Gatos for a permit
in compliance with this chapter and shall not engage in business as a firearms dealer within
Town limits unless and until a permit has been issued by the Town.
(c) The written application for a permit shall be submitted to the Director of Community
Development along with copies for distribution to the Chief of Police, Town Manager and Town
Attorney and executed by all applicants under the penalty of perjury on such form as may be
prescribed by the Town, and which shall include all of the following:
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 2 of 9
(1) The applicant(s) name, including any aliases, prior names, "dbas," the names of any
partnership or other business entities.
(2) The applicant(s) residence address and addresses of any location where applicant has
engaged in business for five years immediately preceding the date of the application;
the length of time at each address; a description of the nature of the business(es)
conducted.
(3) The date, location, and nature of all criminal convictions of applicant(s), if any, in
any jurisdiction in the United States.
(4) The names, ages, and addresses of all persons who will have access to or control of
workplace firearms, firearms components, ammunition, and /or destructive devices,
including but not limited to, the applicant's employees, agents and /or supervisors, if
any.
(5) A certificate of eligibility from the California Department of Justice under the
relevant section of the California Penal Code for each individual identified in (# 4
above) demonstrating that the person is not prohibited by state or federal law from
possessing firearms or ammunition.
(6) The applicant's federal firearms license and California firearms dealer numbers.
(7) A recent passport-type photo of the applicant(s) and fingerprints.
(8) Proof of possessory interest in the property at which the business is proposed to be
conducted, and the name and address of the owner of such real property.
(9) A floor plan and security plan for the building, to include plans and drawings
indicating that the structure will comply with all requirements set forth in California
Penal Code Section with respect to storage of firearms and ammunition and building
construction; placement of security cameras; and such other security measures as
may be deemed appropriate by local authorities as authorized in California Penal
Code. The security plan shall provide for the installation of security cameras and
retention of camera records for a period of at least sixty days.
(10) The applicant's written agreement to indemnify, defend and hold harmless the
Town, its officers, agents and employees from and against all claims, losses, costs,
damages and liabilities of ally kind pursuant to the operation of the business,
including attorneys fees, arising in any manner out of the negligence or intentional or
willful misconduct of all of the following: (i) the applicant; (ii) the applicant's
officers, employees, agents and /or supervisors; and, (iii) if the business is a
corporation, partnership or other entity, the officers, directors or partners.
(11) The application shall be accompanied by a non - refundable processing fee in such
amount as established from time to time by resolution of the Town Council.
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 3 of 9
(12) The address of the proposed location for which the permit is required, together with
the business name, if any.
(13) Certificate of insurance for general liability insurance in an amount not less than $1
million dollars for each incident of damage to property, injury, or death.
Sec. 14.130.030 Investigation for permit.
Upon receipt of the completed application (including all requested documents) and the fee as
required in this ordinance, the Director of Community Development and the Chief of Police shall
each conduct an investigation as each deems appropriate to determine for the protection of the
public safety whether a permit should be issued. The Director or Chief may require additional
information of an application which is deemed necessary to complete the investigation.
(a) The Chief of Police shall determine, among other information deemed relevant, whether
the applicant has ever been convicted of a felony or misdemeanor offense involving theft,
dishonesty, violence or moral turpitude; and whether the possession or sale of firearms by the
applicant would constitute a violation of state or federal law.
(b) The Director of Community Development shall determine whether the conduct of the
business at the proposed location will be in compliance with zoning requirements and any other
applicable rule, regulation or ordinance of the Town.
(c) Following the completion of the investigations described herein, the Director of
Community Development and the Chief of Police shall each make a written recommendation
whether the proposed permit is either recommended to be approved or rejected, subject to the
provisions of this chapter, and the Town Manager shall receive and provide the
recommendations to the Town Council for consideration at a public hearing.
Sec. 14.130.035 Grounds for denial of permit.
An application for a permit to conduct a business engaged in the sale of firearms,
ammunition and /or destructive devices shall be denied based on any of the following grounds:
(a) A finding by the Chief of Police that the applicant is ineligible to receive a license from
the state or federal government to engage in the sale of firearms, ammunition, and /or destructive
devices, or is otherwise prohibited from possessing or transferring firearms.
(b) The applicant, officer, employee, or agent is under twenty -one years of age.
(c) The applicant, officer, employee, or agent had a similar type of permit previously revoked
or denied for good cause within the immediately preceding 5 year period.
(d) The applicant, officer, employee, or agent has knowingly made a false or misleading
statement of a material fact or omission of a material fact in the application for a permit.
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 4 of 9
(e) The applicant, officer, employee, or agent has been convicted of any of the following:
(1) Any offense so as to disqualify applicant, officer, employee, or agent from owning
or possessing a firearm under applicable federal, state, or local laws.
(2) Any offense relating to the manufacture, sale, possession, use, or registration of any
firearm, ammunition, and /or destructive device.
(3) Any offense involving the unlawful use of force or violence upon the person of
another.
(4) Any offense involving theft, fraud, dishonesty, or deceit.
(5) Any offense involving the manufacture, sale, possession or use of a controlled
substance as defined by the California Health & Safety Code.
(f) The applicant, officer, employee, or agent is an unlawful user of a controlled substance as
defined by the California Health & Safety Code.
(g) The applicant, officer, employee, or agent has been determined to be within a class of
persons defined in Welfare and Institutions Code Sections to have a mental defect, been
committed to a mental institution, or suffer from any psychological disturbance which would
impair his /her fitness to be engaged in the sales of firearms, ammunition, and /or destructive
devices.
(h) A determination by the Director of Community Development, the Planning Commission,
and /or the Town Council following a public hearing that the use of the business at the proposed
location would not be in compliance with all zoning requirements and other rules, regulations,
ordinances and policies of the Town.
(i) Any other considerations which may be raised and examined through a public hearing.
0) In no event shall a permit be issued for a business that engages in or is planning to engage
in the manufacture or sales of destructive devices, ammunition for destructive devices, or armor
piercing ammunition.
Sec. 14.130.040 Public hearing for permit.
All applications for permits shall be required to be considered at a public hearing before the
Town Council. At least ten days before the hearing, the Town shall give notice by publication at
least once in a newspaper of general circulation, published and circulated in the Town, or if there
is none, by posting in at least three public places in the Town.
Sec. 14.130.045 Permit conditions, term, and renewal.
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 5 of 9
Any permit issued pursuant to the provisions of this chapter, shall be subject to the following
conditions:
(a) Shall be effective for one year from the date of issue.
(b) Shall be subject to conditions as may be imposed by the Town Council that are
reasonably related to the purpose and intent of this chapter and public health, safety, and welfare.
(c) The permit or a copy of it shall be displayed on the premises where it can be seen by
customers.
(d) The permitee, and its officers, employees, or agents shall comply with all federal and
state firearms laws.
(e) All permits issued under the provisions of this chapter shall be effective for not more
than one year, and shall be renewable in the same manner provided for issuance of the initial
permit, including the requirement of a public hearing.
(f) All permitees, its officers, employees, or agents shall protect firearms, ammunition,
and /or destructive devices in the following manner:
(1) All firearms shall be displayed in locked cabinets, secured rack, or a storage area so
that access to firearms is controlled by the dealer or an employee to the exclusion of
all others.
(2) The permitee or its officer, employee, or agent shall be present at all times when a
prospective buyer or seller is handling any firearm, ammunition, and /or destructive
device prior to sale and delivery of the firearm, ammunition, and /or destructive
device.
(3) In no event shall a firearm be transferred or delivered with ammunition already
loaded.
(g) Each employee who engages in the sale, lease, or transfer of firearms, ammunition,
and /or destructive devices must obtain a certificate of eligibility issued by the California
Department of Justice. A copy of the certificate of eligibility shall be provided to the Chief of
Police prior to start of employment.
(h) Permitee, its officers, employees, or agents shall immediately notify the Chief of Police if
there is a reason to believe that any firearm, ammunition, and /or destructive device has been lost
or stolen.
(i) Maintain a valid Town business license.
0) Maintain a valid insurance policy as described in Section 14.130.025(13) above.
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 6 of 9
Sec. 14.130.050 Transferability of permit.
No permit issued under this chapter shall be transferable or assignable and any attempted
transfer shall invalidate the permit.
Sec. 14.130.055 Law enforcement inspections.
Any person or entity operating under a permit to engage in the sale of firearms, ammunition
and /or destructive devices under the provisions of this chapter shall hold that business open for
inspection by federal, state and local law enforcement during all hours of operation. The Chief
of Police or designee may conduct periodic inspections of the business without notice. All
records, documents, licenses, firearms, firearm components, ammunition and /or destructive
devices shall be maintained in a manner and place accessible for inspection by federal, state and
local law enforcement at all times.
See. 14.130.060 Suspension or revocation of permit.
(a) Any permit issued under this chapter may be suspended or revolted pursuant to the
processes set forth herein, and for any reason that would have justified a refusal of the permit
originally, or by failure of the person or entity operating under any such permit to comply with
the provisions of this chapter or any other provision of this code, or any condition of such permit.
(b) The person or entity operating under the provisions of any such permit shall be given
prompt notice of the intention to suspend or revoke the permit in the manner set forth in this
section.
(c) Grounds for suspension or revocation of permit.
Upon receipt of information or a complaint and reasonable cause to believe that grounds for a
suspension or revocation of a permit exists, the Town Manager may suspend for a period of up to
nine months or revoke a permit, according to procedures set forth herein on the grounds set forth
in subsection (a), above, and on any of the following grounds:
(1) The permitee, its officers, employees, or agents have operated or managed the
firearms business in a manner which violates the firearms permit issued by the
Town, any provision of this chapter, or other applicable Town Code provisions, state
or federal law; or
(2) Has made a false or misleading statement or material omission of fact on the
application for a permit, or for renewal of the permit, or in any supplementary
materials submitted with the application.
(d) Procedure for revocation or suspension of permit:
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 7 of 9
(1) Notice to permitee. Whenever the Town has reasonable cause to believe that grounds
for the suspension or revocation of a permit exist, the Town shall give the permitee
written notice of the grounds for the proposed revocation or suspension of the
permit, along with the date, time and place of a public hearing to be held before the
Town Council on whether the permit should be suspended or revolted. The notice
shall be served on the permitee personally at the most recent home or business
address on file with the Town or by certified mail with the United States Postal
Service.
(2) Hearing before Town Council. The hearing on the revocation or suspension of the
permit shall be held before the Town Council not more than sixty working days after
the personal service of the to the permitee notice in the same manner of delivery as
set forth in Section (d)(1) above. At the hearing, the permitee shall have the right to
appear and present evidence and arguments which are relevant to a determination of
whether grounds for suspension or revocation of the permit exist.
(3) Decision of Town Council. Within fifteen wonting days after the hearing, the Town
Council shall issue a written decision which states whether the permit is suspended or
revolted, the length of any suspension, and the factual basis for the decision. The
decision of the Town Council shall be served on the permitee in the same manner of
delivery as set forth in Section (d)(1) above.
(4) Effective date of revocation or suspension. Any suspension or revocation of a permit
shall become effective immediately upon the personal service of the written decision
of the Town Council or delivered to the permitee in the same manner of delivery as
set forth in Section (d)(1) above.
(5) Surrender of suspended or revoked permit. Upon a written decision by the Town
Council, which suspends or revokes a permit, the permit shall immediately be
surrendered to the Town Manager. In the case of a suspension, Town Manager shall
return the permit after the period of suspension has ended.
Sec. 14.130.065 Compliance.
(a) Any person or entity which has been granted a permit to engage in the sale of firearms,
ammunition and /or destructive devices under this chapter shall be subject to and shall comply
with the regulations and conditions as set forth in the relevant sections of this chapter and the
California Penal Code.
(b) Any person engaging in the business of selling, transferring, or advertising for sale or
transfer of any firearm, ammunition, and /or destructive device on the effective date of this
ordinance shall file an application for a permit under this chapter within sixty calendar days after
such effective date.
Town of Los Gatos Firearms Dealers Regulations— DRAFT Page 8 of 9
Sec. 14.130.070 Penalties.
(a) The violation of any provision contained in this chapter, or the violation of any condition
of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a
misdemeanor, subject to the penalties as prescribed in 1. 10.040 of the Town Code, and the
penalties as prescribed in the California Penal Code.
(b) The maximum fine or penalty for any violation of this Article shall be one thousand
dollars ($1,000), or a term of imprisonment in the county jail for a period not exceeding six
months.
(c) Except as otherwise provided, every such person may be charged with a separate offense
for each and every day during any portion of which any violation is committed, continued, or
permitted by such person, and shall be punishable accordingly.
(d) The enforcement of this chapter shall be in addition to any proceedings conducted for
revocation or suspension of the permit and any civil action to seek enforcement of these
provisions authorized by the Town Council.
Sec. 14.130.075 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such decision shall not affect the
validity of the remaining portion thereof.
Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 9 of 9
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From: Craig Elliott <celliott @pertino.com>
Sent: Sunday, June 09, 2013 9:05 AM
To: Firearms Regulations
Cc: FireamsRegulations @LosGatosCa.Gov
Subject: Re: Public Preview Draft of Firearms Dealers Ordinance
Follow Up Flag: Follow up
Flag Status: Completed
Dear Sir /Madam,
How is this different than existing laws Federal and State laws regulating firearm sales?
Craig Elliott
On Jun 7, 2013, at 3:52 PM, Firearms Regulations < FirearmsRe-gulations0LosGatosCA .Gov> wrote:
Dear Sir /Madam,
Please find attached a public preview draft of a possible Firearms Dealers Regulation Ordinance to be
considered by the Los Gatos Town Council on Monday, June 17, 2013. Meeting will start at 7:00 p.m. in the
Town Council Chambers.
This draft ordinance has been developed by Town Staff and the Council Firearms Ad Hoc Subcommittee
consisting of Council Members Marcia Jensen and Joe Pirzynski based on a review of similar Ordinances
elsewhere in California
Advance questions and /or comments on the Draft Ordinance can be submitted via email to:
FireamsRe- ilation,LosGatosCa.Gov
The final version of the Proposed Ordinance will be available on the Town's website on Friday June 14 after
12:00 p.m.
Thank you in advance for your review of this Proposed Draft Ordinance.
Sincerely,
Greg Larson, Town Manager
Judith Propp, Town Attorney
<Firearms Permit - Public Preview DRAFT.pdf>
ATTACHMENT 2
From: Blake <blakefinance2 @yahoo.com>
Sent: Sunday, June 09, 2013 5:03 PM
To: Firearms Regulations
Subject: Firearms Ordnance Draft
Follow Up Flag: Follow up
Flag Status: Completed
I grew up in Cupertino and have always thought very highly of neighboring Los Gatos. I have been to Templar Sports and
find it a clean, quiet, friendly, well maintained business. I feel it would be truly unfair to impose an ordinance that would
not allow them to do business anymore. Please count me in as a supporter of and continued customer of Templar Sports
and of other many fine businesses of Los Gatos.
Thank you sincerely for your time!
Blake LeCount
Cupertino, CA
From: Pete Nusbaum <pete_nusbaum @yahoo.com>
Sent: Sunday, June 09, 2013 5:20 PM
To: Firearms Regulations
Subject: Templar Sports
Hello,
My name is Pete Nusbaum and I am a Los Gatos resident. It has been brought to my attention that a new draft to the
towns firearm ordinance has been made which will adversly affect Templar Sports. Templar Sports has followed all of
the towns laws and has gone out of their way to comply with and fit into the towns way of life. This is a company that
brings and will continue to bring much revenue to the town and has much support of the people. Most importantly, it is
imperative that our town support and follow to the constitution of our great nation, in this instance, 2A. As I am sure
any reasonable person knows, Templar Sports poses no threat to our beloved way of life in Los Gatos and in fact
strengthens it. We are free people who stand for what we believe in and our constitutional rights are at the base of
these freedoms.
With particular attention to the areas of the new ordinance draft, we cannot allow an established, contributing business
to be driven out of business because of unfounded fears. If ordinances are to change, Templar must be grandfathered in
and must not be subject to targeting of new zoning laws. To do so is a blatant attack on both this legitimate business and
the people of Los Gatos who support our nations constitution and Templar Sports in particular.
Thank You,
Pete Nusbaum
From:
Rob Eckaus <rme92043 @comcast.net>
Sent:
Sunday, June 09, 2013 7:15 PM
To:
Firearms Regulations
Cc:
'Rob Eckaus'
Subject:
Templar Sports support
Follow Up Flag: Follow up
Flag Status: Completed
Denying a legal business that is frequented by upstanding citizens in the community is a bad idea, and hopefully illegal
without just cause.
Fear, paranoia and misinformation is no way to run a community.
Whomever is pushing to pull their license should resign from their position because they are not suitable to lead people
in the slightest.
Sincerely,
Rob Eckaus
San Jose Cars Examiner
Western Automotive Journalists
Ask me here for my advice column at Examiner.com:
aslcrobaboutcars @gmail.com
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
To whom it may concern,
Fred McHale <fmchale @outlook.com>
Sunday, June 09, 2013 7:18 PM
Firearms Regulations
Oppose - Los Gatos Firearm Ordinance
Follow up
Completed
The proposed Firearm Ordinance for Los Gatos is a very poorly thought out draft. I absolutely oppose it. The
first issue that I see is the town has consistently held that business, Templar Sports, would be grandfathered in
and not be affected by the ordinance. This is not stated in the draft at all. The second issue is that the
ordinance in general is an absolute violation of United States citizens second amendment rights. Beyond that I
also find this to be hurting local businesses. We should not be trying to shut them down but instead be
supporting them.
Thank you and please do the right thing,
Fred McHale
From: Shaun Coleman <shaun.coleman @gmail.com>
Sent: Sunday, June 09, 2013 8:41 PM
To: Firearms Regulations
Subject: Support for Templar sports
Follow Up Flag: Follow up
Flag Status: Completed
I am emailing in support of Templar Sports and their continued ability to be a firearms dealer in the town of Los
Gatos. I am a law abiding citizen and long time resident of the Los Gatos area. Templar Sports like many small
businesses supports our community and in this case the law abiding citizen of the area and the
US Constitutional 2nd amendment.
thank you
shaun coleman
From: Firearms Regulations
Subject: FW: June 17, 2013 Town Meeting
From: DC Taylor rmailto:dwainez(ccbgmail,comJ
Sent: Sunday, June 09, 2013 9:10 PM
To: Firearms Regulations
Subject: June 17, 2013 Town Meeting
It is my understanding that the proposed firearm ordinance does not
grandfather Templar Sports, but does include a provision of yearly hearings
for its permit renewal.
Your unfair wording of the proposal does three things: 1. It ignores the
right of the owners to conduct their business in the same fair and
uninhibited manner that other businesses such as clothing stores or
automotive stores. Templar Sports should be treated and regulated like
any other business in Los Gatos. 2. By not grandfathering them into the
ordinance, it opens the business to the scrutiny of political whim, should the
general opinion of the town swing further to socialism. 3. Requiring a
yearly hearing to approve a single permit is a misuse of tax dollars and
politicians' time by focusing on a single business.
Please give fair consideration to these comments in making your decision.
Dwaine Taylor
From: Ryan Ouellet <rouellet2l @hotmail.com>
Sent: Sunday, June 09, 2013 10;11 PM
To: Firearms Regulations
Subject: New ordinance
Follow Up Flag: Follow up
Flag Status: Completed
I do not support your unfair treatment of our local business Templar Arms. If this ordinance passes as you
have drafted I will, show my lack of support for what you are doing with my future votes and will encourage my
friends and family to do the same. I am a 30 year resident of Los Gatos. You don't seem to understand if you
close down this business people will just spend their money in Campbell or San Jose.
From: Deborah Ford <deborahfordstar @sbcglobal.net>
Sent: Sunday, June 09, 2013 10:35 PM
To: Firearms Regulations
Subject: Templar Sports
Follow Up Flag: Follow up
Flag Status: Completed
Dear Sir or Madam:
1 have been reading up on the proposed changes that will directly affect Templar Sports. The
changes are onerous to a small business. It appears to be singled out for no good reason. The store
has consistently complied with all laws and regulations and operates lawfully.
To single it out is massively unfair and can have no good effect on the Town of Los Gatos.
,Deborah Ford 5R
www, deborah ford, net
The day the child realizes that all adults are imperfect he becomes an adolescent, the day he
forgives them, he becomes an adult, the day he forgives himself, he becomes wise.
From: noreply @civicplus.com
Sent: Sunday, June 09, 2013 11:04 PM
To: Town Manager; Christina Gilmore
Subject: Online Form Submittal: Customer Feedback Form
Follow Up Flag: Follow up
Flag Status: Completed
The following form was submitted via your website: Customer Feedback Form
Name:: grant wrathall
Address:: 1410 charlson road
City:: aptos
State:: ca
Zip :: 95003
Home Phone Number:: 8316623068
Daytime Phone Number::
Email Address:: gwrath @mtaonline.net
Please let us know how we are doing or what we can do for youk I travel to San Jose and back to Aptos frequently and I
enjoy stopping at different gun stores in the San Jose Area and well as Templar Sports in Los Gatos. I have had it with
political correctness and will no longer spend any money, not even a penny, in Los Gatos ever again if that store is forced
out of business by your city government merely because they sell guns and gun supplies. I have owned firearms for sixty
four years and am not a criminal and refuse to be treated like one in Los Gatos. This is America and The People should
have the convenience of shopping for guns, ammunition, and other gun related items in Los Gatos. I have never heard
of a gun store being a bad influence in a community anywhere. Political Correctness is for the non - thinkers in out
society and is very dangerous to the freedom of all Americans. You are not acting like adults but like misdirected
children. Sincerely, Grant Wrathall
Additional Information:
Form submitted on: 6/9/2013 11:03:53 PM
Submitted from IP Address: 216.152.180.89
Referrer Page: http: / /losgatosca,gov/
Form.Address: http:// www. losgatosca .gov /Forms.asr)x ?FID =48
From: Greg Gardner <gardner5 @mac.com>
Sent: Monday, June 10, 2013 2:02 PM
To: Firearms Regulations
Subject: Templar Sports
Follow Up Flag: Follow up
Flag Status: Completed
It is my understanding that the city is forcing extra steps of compliance on this business. It makes no sense that
the city should require a yearly review of this business unless you require it for every city business.
Gun deaths and injuries have dropped sharply in California over the past years, even as the number of guns sold
in the state has risen, according to new state data. It seems like you are over - reaching to the fears of a few
people who react without facts. Please encourage all legal retail business!
Thank you for not punishing this business or any other in Los Gatos.
Greg Gardner
Greg Gardner
Qardner5mmac.com
Start with what is right rather than what is acceptable. — Peter F. Drucker
From: Lowe, Dennis <dennis.lowe @lmco.com>
Sent: Monday, June 10, 2013 2:18 PM
To: Firearms Regulations
Subject: Stop Screwing around with Templar
Follow Up Flag: Follow up
Flag Status: Completed
Los Gatos is a better town than this. You are infringing on the rights of a business owner to satisfy your liberal
left. What if the liberals didn't want trendy restaurants? Would you do the same to them? Please be reasonable.
Dennis Lowe
MINV IPT
Wk: 408 - 743 -7005
Cell: 408 - 242 -3316
"Call for God but row away from the rocks"
1
From:
noreply @civicpIus.com
Sent:
Monday, June 10, 2013 2:59 PM
To:
Town Manager; Christina Gilmore
Subject:
Online Form Submittal: Customer Feedback Form
Follow Up Flag:
Follow up
Flag Status:
Completed
The following form was submitted via your website: Customer Feedback Form
Name:: Alan Hills
Address:: P 0 Box 694
City:: Los Gatos
State:: CA
Zip:: 95031
Home Phone Number:: 408 - 353 -4394
Daytime Phone Number:: 408 - 559 -5004
Email Address:: Buyasafe2@aoLcom
Please let us know how we are doing or what we can do for youk Re: Templar Sports. Shall we ban water because
someone might drown in it? Shall we ban matches because someone might burn themselves? (Thomas Jefferson).
Whatever happened to "innocent until proven guilty ?" Templar Sports has done a very commendable job of designing a
bulding front that compliments the entire street. They have done nothing wrong. They have complied with every
requirement. The store is cleaner, neater and more presentable inside than half the other businesses in town. They sell a
lawful product, lawfully. Anti -gun Los Gatos liberals have nothing to fear but their own paranoia. How about the most
active zealots putting signs on their lawns that read: WE HATE GUNS, THERE ARE NO GUNS IN THIS HOUSE. Sweet
dreams.
Additional Information:
Form submitted on: 6/10/2013 2:58:43 PM
Submitted from IP Address: 207.200.116.8
Referrer Page: http / /losgatosca.gov/
Form Address: http:// www, losgatosca .gov /Forms.aspx ?PID =48
From: Frank Lacy <frankblacyl @aol.com>
Sent: Monday, June 10, 2013 6:08 PM
To: Firearms Regulations
Subject: Firearm Ordinance
Please do not allow a new Ordinance to go forth. It is not difficult to see that arguments to restrict gun stores any further
than they have already been restricted in Los Gatos are based on emotion. The emotional basis is two -fold: (1) The need
of some individuals in leadership positions to appease the emotional pressure of; "we have to look like we are doing
something even if it is not very rational" and (2) guns are the problem. Guns are not the problem. In this case, it is so
much easier to attack that which is not the problem than to seriously and thoughtfully plan to attack the real problem which
is "problem people ". The restrictions which are planned are all infringements on the individual's right to keep and bear
arms. Infringements are unconstitutional and many government leaders /planners do not object to acting against our
precious Constitution. Are you one of those? Please reconsider this ordinance and do nothing to advance it.
Sincerely,
Frank Lacy
From: Conor Mcgarry <conormcgarry16 @yahoo.com>
Sent: Monday, June 10, 2013 6:50 PM
To: Firearms Regulations
Subject: Templar Sports
The Templar Sports store has done nothing wrong and has only acted with all laws and regulations and has
always operated under legal conditions and requirements. I oppose the Draft of the Firearms Ordinance as it
places the unfair blame and hardship on a legal business. It should be grandfathered in as the town has
consistenly agreed with that proposal and that should be seen fit. The provision outlawing the grand fathering
and the requirement that public comment and meetings required every year for renewal of its permit is wrong
and only makes it harder for a longstanding and legal business to operate. I ask the counsel to instead oppose
this new ordinance.
Thank you for your time.
From: Robert Clark <parcclark @comcast.net>
Sent: Monday, June 10, 2013 8:31 PM
To: Firearms Regulations
Subject: Support for Templar Sports
I'm writing this email in support of Templar Sports. I'm not one of the fanatical gun toting extremists, but I am a
sportsman and I do appreciate having a local shop where I can purchase sporting items. I'm a small business owner in
Campbell, I'm very much in support of Templar Sports and other local small businesses. I hope that you will, allow them
to exist in Los Gatos.
Sincerely,
Rob Clark
Clark Window Service
PO Box 321077
Los Gatos, CA. 95032
408 - 377 -7751 (Office)
408 - 377 -7761 (Fax)
From: John Schramm <jwschramm @gmail..com>
Sent: Monday, June 10, 2013 8:44 PM
To: Firearms Regulations
Subject: Templar Sports
To whom it may concern,
I am writing to inform you of my support for Templar Sports, and my opposition to "ARTICLE XIII.
FIREARMS DEALERS, Sale of Firearms and Ammunition." I support small businesses, and Templar
especially. If this ordnance must take effect, I think it is imperative that Templar be grandfathered and
exempted from the ordnance.
I urge you to reconsider the effects this ordnance will have on the local economy and well -being of small
businesses.
Thank you for your time.
John Schramm
From:
Kevin Irvin <klirvin @msn.com>
Sent:
Monday, June 10, 2013 10:46 PM
To:
Firearms Regulations
Subject:
Firearm Ordinance
"Permitting" an enumerated right will result in loss of the city's money from the inevitable lawsuits. The
legal theory that a person can simply buy guns in another city will not hold water either as evidenced in
the 4th circuit. Do yourself a favor: leave people alone. Practice /live liberty.
From: EK609 @aol.com
Sent: Tuesday, June 11, 2013 3:53 PM
To: Firearms Regulations
Subject: In Support of Templar Sports
I am witting this in support of Templar Sports and against the proposed NEW regulations regarding and existing business.
I thought that governments were not allowed to pass laws after the fact and that if the business had met all of the
requirements to open that new restrictions could not be put in place to drive that business out of existence.
Elected officials are doing the public a disservice when they act in this manner.
Templar Sport has met all of the current regulations to open and operate and should not be punished because someone
simply does not like their business model.
Ed Kaufman
408 - 297 -2174
From: Eric Moore <erdc2tails @mac.com>
Sent: Tuesday, June 11, 2013 6 :09 PM
To: Firearms Regulations
Subject: Fwd: Templar Sports
Begin forwarded message:
From: Eric Moore <erdc2tails(cDmac.com>
Date: June 11, 2013 6:06 :06 PM PDT
To: Firearmsregulation (o)losgatos.gov
Subject: Templar Sports
I had a Los Gatos address growing up. I went to Los Gatos High School. There were stores in town the entire
time that sold hunting equipment. It was never proposed that they be retroactively zoned out of existence.
Why is it OK to do so now? What other businesses are you going to run out of town? Why would I want to
conduct business in a town like that? Templar Sports is an outstanding member of the Los Gatos business
community and no, I did not make this up, check Yelp. Leave them alone.
Martin Eric Moore
Felton
From: Steve Schwarzer <cyclosteve @gmail.com>
Sent: Tuesday, June 11, 2013 9:20 PM
To: Firearms Regulations
Subject: Town of Los Gatos Firearms Dealers Regulations
Dear Council Members,
I am writing in support of a fellow business owner in town, Templar Sports.
The draft Firearms Dealers Regulations goes well beyond ensuring the safety of residents of the Town, but leans
towards making all legitimate firearms- related business difficult, if not impossible in Los Gatos.
What happened to the promise at previous meetings about grandfathering current FFL businesses?
What happened to the assurance that the town was not out to drive businesses and tax revenues away?
What other businesses would have such an annual burden for license renewal and public input?
Ask yourselves, has crime increased due to Templar?
Has Templar been a good member of our business community and community as a whole?
As I have said before the Town should judge a business by their behavior, not simply by the products or
services that they sell. Prejudice has no place in the discussion, nor decisions regarding business licenses and
regulations.
Best Regards,
Steve Schwarzer
From: Howard Myers <lhrnyersl @comcast.net>
Sent: Tuesday, June 11, 2013 11:03 PM
To: Firearms Regulations
Cc: losgatosevents @californiacafe.com
Subject: Town Council action towards Templar Sports
Town Council,
With all the politicking and grandstanding it is hard to tell what you are really trying to do.
If you were really worried about the safety of Los Gatos residents you would be much better served raising barriers to
more stores that sell alcohol and forcing new regulations on those establishments that already exist. Alcohol
consumption is responsible for many more deaths and injuries than weapons are. And alcohol is of little help if you are
being robbed or raped.
And if you want to protect your children from being killed you would be much better off outlawing swimming pools.
They kill 8 times more children than guns do.
So if you aren't doing this to protect your residents why are you doing it? Is it because you are misinformed or because
your constituents are misinformed?
Either way you are acting foolishly and emotionally and not at all rationally.
I just hosted a dinner party at California Cafe for over 20 people. If you persist in this type of persecution I will certainly
look for another town next year. My single action won't affect your economy, but if Los Gatos earns a reputation of
poorly thought out vendettas against small business I am sure there will be others.
Best regards,
Howard Myers
President, The Conservative Forum of Silicon Valley
From: Francisco Cordova <ciscocnursery@gmail.com>
Sent: Wednesday, June 12, 2013 12:00 AM
To: Firearms Regulations
Subject: Gun Ordinance: Templar Sports
I'm writing to you in support of Templar Sports. I support who they are and what they do. They should be
"grandfathered' in any new city ordinance. We need to support lawful businesses in this state. I do not support
the new ordinance. Thank you for listening. I hope you make a decision that supports local businesses.
Francisco Cordova
From: Dominick Picciano <rem22239 @yahoo.com>
Sent: Wednesday, June 12, 2013 8:53 AM
To: Firearms Regulations
Subject: Our Guns!
Look stop this red tape regulations on our guns,l know all you are antigun but are armed yourself with your
double standard..
From: k n <kn69dvd @yahoo.com>
Sent: Wednesday, June 12, 2013 10:30 AM
To: Firearms Regulations
Subject: Templar Sports
Hello,
As a Los Gatos resident I find it appalling that the city would want to put restrictions on a legal business just because of
some few'emotional' people. The owner is a former police officer, they sell to law abiding people (no criminal can even
try to purchase a firearm anyway) and to law enforcement as well.
Stop trying to mess with this business and stop saying "I'm not trying to take away your second amendment rights" -
because you are.
Kurt N.
From: Bob Heldt <rheldt @sbcglobal.net>
Sent: Wednesday, June 12, 2013 10:44 AM
To: Firearms Regulations
Subject: Grand Fathering Templar Sports
My friends and I have shopped at Templar Sports. We found them to be a reputable business and
very safety conscious. We are retired veterans and find the store a very convenient place to
purchase various items related to our target shooting and haunting hobbies.
In view of the fact that the town allows bars serving potential drunk drivers and allows car sales ( auto
fatalities far out number violent gun use fatalities), I find it unfair that you try to shut down a small
business that is operating within the law. Is political "eye wash" that important to the council?
I am a resident of Almaden and frequent the various restaurants and stores in Los Gatos. I can
assure you that if you act to shut down Templar my family and fellow sportsmen will no longer bother
shopping in Los Gatos.
From: Mike Kalashian <makalashian @gmail.com>
Sent: Wednesday, June 12, 2013 11:11 AM
To: Firearms Regulations
Subject: This proposed regulation is wrong
I support the free market and the existence of businesses that follow the law and
contribute to the community.
Changing the law after the fact to persecute a business that sells firearms is fascistic,
unfair, and un- American.
If the town goes through with this, I will certainly stop spending my money in Los
Gatos. There plenty of fine businesses over the hill in Almaden Valley.
encourage town leaders to do the democratic thing. Stop this proposed ordinance.
Don't punish Templar Sports.
Regards,
Mike Kalashian
Almaden Valley
1
From: Jeff Zullo Finailto:jjsurf22Pyahoo.com]
Sent: Wednesday, June 12, 2013 1:39 PM
To: Council
Subject: Opposed to any Ordinance to Regulate Firearm dealers
Respectfully request that the Los Gatos Town Council not approve any Firearm Ordinance that could impose onerous permit
requirements which may impair the 2nd Ammendment rights of law abiding gun and ammo owning residents of the great Town of Los
Gatos.
While I understand that the version currently available may be revised and released June 14, the proposed Firearm Ordinance in its
current version may generate legal challenges and unnecessary future legal costs for the Town of Los Gatos,
I am opposed to the previously approved Retail Firearms Moratorium and any proposed Firearm Ordinance.
While I understand there is a need to acknowledge the concerns of individuals opposed to retailers selling guns in the Town of Los
Gatos, the Town Council must respect and protect the 2nd Ammendment rights of all law abiding residents in the Town of Los
Gatos. A specific portion of the proposed ordinance which generates significant concern is the proposed language in Sections
14.130.020 and 14.130.025 which reference permit requirements for sale of ammunition by any "person ". This language appears to be
intentionally vague, or poorly written, and could be interpreted to require an annual permit for the sale or transfer of ammo by any
individual resident in the town of Los Gatos.
Thank you for your service and contributions to the Town of Los Gatos, and for your consideration of the concerns expressed.
Jeff Zullo
119 La Rinconada Drive
Los Gatos, CA 95030
From: Bill Taylor <bill @wltaylor,com>
Sent: Wednesday, June 12, 2013 3:32 PM
To: Firearms Regulations
Cc: Bill Taylor
Subject: Proposed Ordinance
Town of Los Gatos,
Thank you for emailing me the proposed Firearm Ordinance. The ordinance as written is absurd. It is very clear that the
Town of Los Gatos does not want any firearms businesses operating in the town limits, specifically Templar Sports.
There would not be ANY businesses left in Los Gatos if they all had to succumb to such ridiculous requirements... not just
once, but every year! It appears that there is no provision for Templar Sports to be "grandfathered" in, as they were
legally approved by the Town of Los Gatos prior to this proposed ordinance. Grandfathering is customary when
ordinances change, and the Town indicated that Templar would be " grandfathered" in the event of an ordinance
change. Also, there is an indication that the Town my also change the use and zoning of the area.
This would also effectively put Templar out of business. This is clearly discrimination of the most cowardly kind. Rather
than banning Firearms businesses altogether, you just make is impossible to comply. I personally object these shady and
underhanded tactics trying to force a company out of business for the sake of politics. You ought to be ashamed of
yourselves.
Check this out... here's what a real American Mayor and City Council (with the exception of two Quisling
councilmembers) looks like...
http: / /Youtu.be /TxHnCei4wzg
Bill Taylor
From: Henry <irishluddite @aol.com>
Sent: Wednesday, June 12, 2013 9:12 PM
To: Firearms Regulations
Subject: Firearm ordanences
I have reviewed the draft of the firearm ordanences and would like to see " conditional use " language. Also I was
disapponted that the land use issues had been deferred. Surely this is where the real contravercies lie. These issues will
need considerable time and discussion by council staff and the public. Henry Fee
Sent from my Phone
From: Linda <macclutz @aol.com>
Sent: Wednesday, June 12, 2013 10:06 PM
To: Firearms Regulations
Subject: Firearms
Thank you for the opportunity to review the draft of the firearm regulations. The regulations are a good start but the
land use needs to be addressed also.
Thank you,
Linda Fee
Sent from my iPhone
From: Lauri Pastrone ( mailto ,ImpastroneC&googlemail.com]
Sent: Wednesday, June 12, 2013 11:31 PM
To: Steve Leonardis; Diane McNutt; BSpector; Joe Pirzynski; Marcia Jensen; Greg Larson; Judith Propp
Subject: URGENT -- Proposed Draft of Firearms Ordinances
Dear Town Council Members, Town Manager and Town Attorney
I have had the chance to review the proposed draft of Firearms Ordinances for the Town of Los Gatos (attached). I
appreciate the effort made by the Ad Hoc Committee made thus far — and think that there are many good parts to the
proposed draft. That said, I am heartened that the ordinances are just that — only.a draft — as there are many areas that
still need to be included, and discussed at the upcoming meeting and beyond. Among the issues I note are:
1. Land Use permitting needs to be part an integral part of the permitting process for any firearms retailer. (1 see
only a license or administrative permit mentioned in the ordinances.) Where a firearms dealer may operate in
Los Gatos is as important (or more) of an issue as to who and how. The proposed ordinances don't even
mention the land use permitting issue... which is quite alarming. Indeed, location —given that I have children,
is one of my major concerns. The ordinances should state that there are two permits that must be
obtained before a dealer can sell arms — a land use permit, and a permit as set forth in the draft ordinances.
2. Another issue is that written applications for permits need to be provided to the Town Council members — more
than just the Chief of Police, Town Manager and Town Attorney. The recent issue with Templar indicates that
the Town Council (and the public) needs to be part of the process from the time of application. Section
14.130.025 as currently proposed, needs to be reconsidered.
These are just two of the areas among many that I find needing modification or change... I look forward to the public
hearing on Monday, in which the issues can be explored further — and given real consideration. I do hope that Monday
is a real exchange of ideas on the work that is presented thus far... and not a rubber stamp on the draft.
Kind regards,
Lauri Pastrone
Lawry M. Payh -ovt,
17651 Dr v�
Lo-y Ga4as GA 95030
M. +1-408-455-6800
From: Chris Potter [cspotter5 @gmail.com]
Sent: Thursday, June 13, 2013 7 :31 AM
To: Steve Leonardis; Diane McNutt; BSpector; Joe Pirzynski; Marcia Jensen; Greg Larson; Judith Propp
Subject: Firearms Ordinances for the Town of Los Gatos - Reply from Town Resident
To the Town Council Members, Town Manager and Town Attorney -
I have had a chance to review the draft of Firearms Ordinances for the Town of Los Gatos posted on the Town's web site. I am
heartened that there has been some work done by the committee, but note that there is still much to be done with regard to
firearms regulations for the town. I do hope that the draft ordinances are indeed draft ordinances as they have been proposed
— and that next Monday's Town Council meeting will provide a forum for sound input by concerned residents and homeowners of
the town.
The draft ordinances are generally a step in the right direction., however they have some. weaknesses. Among them, I'd like to
note for you that the language does not address the issue of the location of the firearms business premises — particularly
prohibiting firearms dealers from operating In residential areas or within proximity of residences, schools, parks, government
buildings or other sensitive areas. I have heard some talk that this issue might be dealt within another document or another
proposed ordinance dealing with land use. That may or may not be true... Whatever the case, this is an extremely important
issue that cannot be kicked' down the road for later (or no.) action. Without addressing the business premises location issue in
this draft ordinance now, there appears to be but one permit needed for operating as a gun dealer in Los Gatos. At a
minimum at this point, the ordinances need to state that the permit requirements under Article XIII are in addition to the
requirement for a land use permit for firearms sales, and that no one may engage in firearm sales without both the permit
.granted under Article Xlll and a land use permit for firearms sales. I urge the Town to work on the land use permit requirement
now so as to provide for a meaningful code governing firearms sales in Los Gatos.
Again, thanks to all for the work thus far. I look forward to further discussion of the draft ordinances at the public forum next
Monday.
Respectfully yours,
Chris Potter
Tait Ave, Los Gatos
From: Jim Creighton <jim.creighton @newwow.net>
Sent: Thursday, June 13, 2013 2:57 PM
To: Town Manager
Cc: BSpector; Steve Leonardis; Marcia Jensen; Joe Pirzynski; Diane McNutt; 'Gil Decker';
ssusick @comcast.net; sandydeckerinlg @gmail.com
Subject: firearms ordinance
Greg
First, our congratulations on getting this far. We are pleased that we are actually discussing an ordinance. We are also
pleased with the public hearing requirement.
The ordinance is fine for what it does do. But there are several glaring omissions that we believe need to be addressed.
As we read this ordinance, except for the addition of a public hearing, a new equivalent of Templar Sports could apply
and receive a permit.
The critical issue is the determination of compliance with zoning requirements in Sec.14.130.035 (h). This ordinance
does not spell out what those requirements are, so it is simply left to the judgment of the Planning Director, Planning
Commission or Town Council. We assume that something additional will be put in zoning requirements pertaining to gun
sales. As it stands now, Templar was considered to meet this requirement and another gun shop could do the same.
Also, no discrimination is made between the sale of hand guns and the sale of automatic weapons or equipment that
enables automatic weapons. We believe the ordinance should clearly state that no sales of automatic weapons or
equipment that enables automatic weapons is permitted in the Town of Los Gatos.
Maggie and Jim Creighton
347 Massol, #207
P.O. Box 1030
Los Gatos, CA, 95031
(408)354 -8001
MagaieCandC(a-),gmail.com
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