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19660215 1966-2-bOrdinance No. 1966-2B AN ORDINANCE REGULATING THE SALE OF CERTAIN WEAPONS A. Definitions The following terms, whenever used in this article shall have the meanings respectively set forth in this section, unless a different meaning is clearly required by the context: .~pplicant: Any person, firm, or corporation applying to the Chief of Police for a certificate of registration to sell firearms or for authority to purchase a pistol. Chief of Police: The Chief of the City of Fairfax Police Department or his designated agent. Crime of Violence: Any of the following crimes or an attempt to commit any of the same, to-wit: Murder, voluntary manslaughter, rape, robbery, burglary, kidnapping, mayhem, and assault. Fixed Ammunition: Any ammunition composed of a projectile or projectiles, a casing and a primer, all of which shall be contained as one unit. Habitual Drunkard: Any person who has been convicted of being drunk in public three or more times within a period of one year. Licensed Dealer: Any person, firm or corporation engaged in the business of selling at retail or renting pistols in the City of Fairfax, who is either licensed, or required to be licensed, as such under State or Federal Law. Person: As used in this Ordinance includes individual, firm, association, or corporation. Pistol: Any firearm with a barrel less than sixteen inches in length that uses fixed ammunition. -2- B. Dealers Registration Required -- Appeal (1) Any person, before engaging in the business of selling at retail or renting pistols in the City of Fairfax, virginia, shall be required to register with the Chief of Police on application forms furnished by the Chief of Police. The application form shall contain the following information: a. Name and business address. b. Residence address. c. Federal Firearms License Number. d. If the dealer is a Virginia Corporation, the name and addresses of the officers and directors of said corporation. e. If the dealer is a foreign corporation, the name and addresses of the officers and directors of said corporation and the name and address of the Registered Agent for the purpose of service of process in the State of Virginia° f. A statement that the applicant or all members of a firm or corporation applying for a license is over the age of ~1 years, has not been committed to an institution for treatment of a mental illness or drug addiction in the past 10 years preceding the date of said application, has not been convicted of a felony within the past 10 years, has not been convicted of a crime of violence, is not an habitual drunkard, and has not been denied the privilege of selling firearms in any other jurisdiction. -3- The application shall be sworn to before a notary public, by the applicant if he be an individual, if a firm by one of the members, and if a corporation by the President. Every application shall be accompanied by a fee of $25 payable to the City of Fairfax, which shall not be refundable in any case. (2) The Chief of Police shall conduct an investigation of each application, shall approve the same within 10 days, exclusive of Saturdsys, Sundays, and Holidays, from the date of the filing of the same, and shall issue an appropriate certificate of registration to the applicant, unless he shall refuse and reject the application for any of the following reasons: a. The applicant is under the sge of zl years. b. The applicant has been committed to an institution for the treatment of mental illness or drug addiction within 10 years prior to the date of application. c. The applicant has been convicted of a crime of violence. d. The applicant has been convicted of a felony within the past 10 years. e. The applicant is an habitual drunkard. f. The applicant has been denied the privilege of selling firearms in any other jurisdiction° g. That any statement contained in the application is untrue. h. The applicant is not licensed by State or Federal law or does not intend to engage in the retail sale or rental of pistols in the City of Fairfax. -4- (3) The Chief of Police shall inform the applicant of the reasons for the rejection, said information shall not be privileged and the applicant, upon the filing of the application, shall be deemed to have waived any privilege for the nondisclosure thereof° (4) Any applicant aggrieved by the determination of the Chief of Police shall have the right of appeal as hereinafter set forth. C. Dealers Not To Sell, Etc.~ Without Registration (1) It shall be unlawful for any person, firm or corporation to engage in the business of selling at retail or renting pistols without having in force a registration approved by the Chief of Police as hereinbefore provided° (2) The registration shall be displayed on the premises where the pistols are sold or rented. (3) A licensed dealer shall conduct the sale or rental of pistols only on the premises designated in the certificate. D. Revocation Of Registration (1) Conviction of a licensed dealer of a violation of any of the provisions of this article shall be sufficient cause for the Chief of Police to revoke the licensed dealer's registration for the City of Fairfax for a period of time not to exceed one year from the date of said revocation. The notice of revocsticn of the registration shall be sent by' the Chief of Police, by registered mail, to the premises w~4ere the registration is displayed. E. Dealers Not To Sell, Etc., To Minors and Other Persons (1) No licensed dealer, or other person, shall sell, barter, give or furnish, or cause to be sold, bartered, given or furnished to any minor under 21 years of age, a pistol, having good cause to believe him to be a minor under -5- or other person 21 years of age nor shall any licensed dealer/sell, lend, rent, or otherwise transfer any pistol to anY person whom he has reasonable cause to believe has been convicted of a crime of violence or a felony within the past 10 years, or is a drug addict, or is an habitual drunkard, or is a fugitive from justice or is of unsound mind, nor to any person who has validly been denied the right to purchase, borrow, rent, or otherwise acquire a pistol by the Chief of Police under the provisions of this article. F. Acquisition Of Pistols From Dealers Or Other Persons (1) Any person desiring to purchase, borrow, rent or otherwise acquire a pistol from a licensed dealer or other person shall make application under oath on forms provided by the Chief of Police which shall be signed in duplicate by such person stating his full name, address, occupation, place and date of birth, the date and hour of application, the length of time he has resided in the Commonwealth of Virginia prior to the application, all previous places of residence outside of the State of Virginia for the past 10 years, and a statement that he has never been convicted in this State or elsewhere of a crime of violence or a felony within the past 10 years, that he is not an habitual is drunkard, or a drug addict, that he/not a fugitive from justice, that he has not been denied the right to purchase a pistol in any other jurisdiction, and that he has never been committed to an institution for treatment of mental illness from whic~~ he has not been discharged for a period of 10 years prior to the date of his application to purchase a pistol. -6- (2) The licensed dealer or other person who proposes to sell a pistol shall sign and attach his address to the application and mail or deliver the same to the Chief of Police. The Chief of Police shall mark the date and hour of the receipt of the application in his office. The original application shall remain the property of the Police Department. A duplicate copy of the application shall be retained by the dealer for six years. G. Approval of Application (1) No licensed dealer or other person shall sell, rent, or transfer, any pistol to any purchaser who does not exhibit an application approved by the Chief of Police. H. Waitinq Period For Sale Of Pistols (1) Except as hereinafter provided the Chief of Police shall approve the application of a purchaser of a pistol within 72 hours of the delivery of the same to the Chief of Police, excluding Saturdays, Sundays, and Holidays, unless he shall ~ind one or more of the enumerated statements on the application to be untrue. (2) Where the applicant is a nonresident of the City of Fairfax, but has been a resident of the State of Virginia for more than 3 years, immediately preceding the date of application the aforesaid time shall be extended to 5 days° (3) ~he..~e t~e app~i~icant is a nonresident or has not resided in ~e St~te cf Virginia for a period of 3 years next pr~cedi~g th, date of application the t~me ~¥all be extend&~ to 30 das~s. -7- I. Notice Of Rejection (1) If, within the prescribed period, the Chief of or other person Police shall inform in writing the licensed dealer/who proposes to sell the pistol that the application was rejected for one or more of the following reasons, (a) the applicant is under the age of 21 years, or (b) has been committed to an institution for treatment of mental illness, or drug addiction, and has not been discharged therefrom for a period of 10 years preceding the date of said application, or (c) has been convicted of a crime of violence, or (d) has been convicted of a felony within the past 10 years, or (e) is an habitual drunkard, or (f) the applicant is a fugitive from justice, or (g) that a statement on the application is untrue, it shall be unlawful for the dealer to deliver the pistol to the applicant. (2) A copy of the letter of denial of the Chief of Police shall be furnished the applicant by the licensed dealer° J. Riqht Of ADpeal (1) Any person aggrieved by a directive or denial by the Chief of Police may, within 10 days of receipt of notice thereof, appeal to the Municipal Court of the City of Fairfax, Virginia, or other court of competent jurisdiction. (2) For good cause shown the court may authorize the sale of the weapon, or, in the case of an application for registration by a licensed dealer, the court may direct the Chief of Police to issue a registration certificate. -8- K. Exemptions (1) This article shall not apply to: (a) purchases by any licensed dealer registered in accordance with the provisions of this article, (b) rental of pistols by persons eighteen years of age or over while used upon a supervised rifle or pistol range, (c) the. delivery of a pistol to its lawful owner by any person with whom such pistol has been left on consignment for safekeeping or for repairs, or (d) a wholesale purchase from a licensed dealer by any person, firm or corporation engaged in the business of manufacturing, repairing, or selling pistols at retail. L. Penalties (1) Any person who violates any provision of this Ordinance or who willfully furnishes false information in the application required herein shall be guilty of a misdemeanor and upon, convic- tion thereof shall be punished as provided by law. (2) Any weapon sold, rented, or transferred in violation of this Ordinance shall be forfeited by the owner thereof, and shall become the property of the Police Department of the City of Fairfax. Adopted February 15, 1966 %