Los Gatos Firearms Law Approved

• 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.

The ordinance is also retroactive, meaning gun retailer Templar Sports will need to to file an application for a permit.
 
Some residents asked the Council to amend a section of the ordinance requiring the gun shop's security cameras' records be kept for more than 60 days. Some jurisdictions, such as Campbell, keep such surveillance footage for one year.

Los Gatos/Monte Sereno Police Chief Scott Seaman recommended the 60-day minimum camera records' retention, said Los Gatos Town Manager Greg Larson.

In April, the Council unanimously approved extending an emergency moratorium on the issuance of new permits to firearm dealers until Feb. 2, 2014.

The extension gave town staff time to research the ordinance. 

The moratorium and the drafting of the ordinance was prompted by the controversial December 2012 opening of Templar Sports, which sells firearms and ammunition.

Los Gatos government officials said in addition to exiting gun laws regulating the business, the state Legislature is considering several measures further controlling the sale of firearms that may preempt the ordinance approved.

The Council amended a section of the ordinance, which strengthened the disclosure of who the applicant for a firearms sale permit is, requiring the identification of the partnership of the gun retailer corporations and its shareholders.

As in previous hearings to discuss gun sales in town, many in the audience held orange and green signs stating their opposition or support of the the ordinance.

One speaker said Templar Sports had used difference avenues for sales through the Internet for certain items that he considered threatening to the community.

One of them is the sale of N4 Paladin lower receivers, which can be purchased without a serial number on them.

In light of the recent Santa Monica shooting during which John Zawahri is accused of killing his father and brother and then going on a shooting spree that killed three others, the speaker said the weapon found was non-serialized.

"Templar Sports and any other firearms sales in Los Gatos should serialize their items," he said.

Benjamin Cogan told the Council the enactment of the ordinance was a threat to the Second Amendment. "I want you to represent the people. I want you to listen to me ... ," he then proceeded to ask those in the audience to raise their hands if they were in support of firearms sales in town.

However, Los Gatos resident Nikki McAllister said she was extremely disappointed that the ordinance hadn't addressed the location of firearms retailers in town.
The Council, which is going into its July recess, said it would tackle that component of the regulation at a later time.

"For me, this is a very important issue and I have a hard time understanding how it's been lost in the three months since the ad-hoc committee was formed," she said. "Firearm retailers should not be allowed to operate near schools, parks, places near young people and government buildings," McAllister said.

Another speaker told the Council he thought they feared Templar Sports out of ignorance about firearms. He said the ordinance was a bad idea, a waste of time, money and energy.

He referenced the Brady campaign, one of the most popular anti-gun lobby groups in the country, which has consistently ranked California the best state to live in the country for gun control.

"This ordinance is a redundant piece of legislation ... You're afraid of something you don't understand ... what are you afraid of? That this shop is some kind of evil firearms dealership supplying weapons to African dictators and rebel militia?"

He then reminded the Council that Templar Sports is already in compliance with a whole slew of local, state and federal regulations. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives is allowed to audit the shop for no reason, he explained.

And any misconduct on the part of the shop could lead to its owners losing their federal firearms license, which would close them down. "Requiring them to submit to inspections by local law enforcement is a waste of time and resources."