PC 11/12/97 - Laserfiche WebLink

,. Commissioner Kumaran reminded those present that firearms are weapons of destruction and all this ordinance will do is prohibit their sale in residential areas. He feels that neighborhoods have a right to know whether there is a home FFL dealer in their area and will, therefore, support the ordinance because he believes it will enhance safety. Commissioner Barker stated that she agreed with Mr. Fox's point that the real issue should be the quantity of sales. She stated that when sales become too high, it presents a nuisance to the neighborhood and that there would be no recourse for the neighbors if an ordinance was not in place. She feels that the home FFL dealer should be subject to the same guidelines as piano lessons, swimming lessons, and daycare in the home environment. She, therefore, recommends that the five home FFL dealers in Pleasanton be required to apply for conditional use permits and go through the same procedure that is required of all home-based businesses. Mr. Iserson clarified that firearms dealers have never had a hearing because they have always declared themselves exempt and are, therefore, not required to go through the hearing process. They simply complete the form for an exempt home business and declare their status by way of the license application. A brief discussion followed regarding the differences between the exempt and non-exempt status. Mr. Iserson pointed out that if a home FFL dealer is servicing customers at his home and/or guns are being stored at his home, then he should be declaring himself as non-exempt and would be required to apply for a conditional use permit. Chair Cooper noted that it would be inconsistent for a home FFL dealer to certify to the BA TF that his home is his place of business and then to advise the City that he falls under the exempt status. PUBLIC HEARING REOPENED Eric Meutterties readdressed the Commission and stated that a home FFL dealer is basically a salesman. He noted that local gun shop owners work closely with FFL dealers in that they allow guns to be delivered to their stores and, once the waiting period has expired and all paperwork has been approved, the customers pick up their guns from the gun shop. PUBLIC HEARING WAS CLOSED Commissioner Wright stated that he believes the ordinance is really about where guns should be sold and not necessarily about whether FFL dealers can store guns at their homes or whether they fall under an exempt or non-exempt status. He pointed out that if neighbors are unaware of an FFL dealer in their neighborhood, then it's good because there are obviously no problems. He went on to state that the only issue he sees that needs to be addressed is whether these dealers should fall under an exempt or a non-exempt status. He noted that with the non-exempt status, the neighbors would receive full disclosure. Commissioner Wright further stated he believes this ordinance is "stepping on small business as far as interference of trade." He feels it is unfair to force these dealers out of their homes and neighborhoods and incur overhead expenses in order to sell the same quantity of guns. He further believes that it is unfair to "play games" with the Fairgrounds and, therefore, he does not support the ordinance. Planning Commission Minutes Page 13 November 12, 1997