COMMERCIAL FIREARMS BUSINESSES IN DELTA

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1 COMMERCIAL FIREARMS BUSINESSES IN DELTA Date : Monday, September 14, 2009 Location : Annacis Room Time: 4: 00 to 4:30 pm Introduction by: Thomas Leathem, Director of Community Planning and Development Background Materials: Memorandum from the Director of Community Planning and Development dated September 10, 2009.

2 MEMORANDUM The Corporation of Delta Community Planning and Development To: From: Date: Subject: File No.: CC: Mayor and Council Thomas Leathern, Director of Community Planning and Development September 10, 2009 Council Workshop - Commercial Firearms Businesses in Delta P09-10 George V. Harvie, Chief Administrative Officer Jim Cessford, Chief Constable Greg Vanstone, Municipal Solicitor Hugh Davies, Property Use & Compliance Manager n PURPOSE: The purpose of this memo is to provide Council with information for the September 14, 2009 workshop on commercial firearms regulations. n BACKGROUND: On May 25, 2009, Council considered proposed Firearms Bylaw No to prohibit the sale, bartering, warehousing, storage or distribution of firearms; the repair, maintenance or manufacture of firearms; and the sale of ammunition. Council referred the report and bylaw back to staff for further review and consultation. Further to Council' s request for information on municipal regulation of firearms businesses, eight lower mainland municipalities' zoning regulations were surveyed. Of the eight, only the City of Surrey has a general prohibition on commercial firearms businesses. Five of the municipalities are considering changes to their zoning or business licence bylaws. Letters were sent to The Delta-Ladner Rod & Gun Club, the Delta Farmers' Institute and the National Firearms Association advising of the proposed bylaw and requesting comments. The Hunting Regulation Advisory Committee (HRAC) met on June 10, 2009 to discuss Bylaw No The HRAC suggested that amendments to the "Business License Bylaw No. 4019, 1986", to further regulate firearms related business activities, would be a more reasonable approach.

3 Community Planning and Development Subject: Council Workshop - Commercial Firearms Businesses in Delta File No P09-10 Page 2 of 4 Staff met with owners of existing commercial firearms businesses on June 15, 2009 and on August 12, The owners were not supportive of a bylaw that prohibited commercial firearms businesses. With one exception, the owners preferred an amendment to the Business Licence Bylaw, although they were concerned with over-regulation and duplication of information required by various levels of government. n DISCUSSION: Summary of Federal Licencing Requirements: The Chief Firearms Officer of BC and Yukon is responsible for the decision-making and administration of licences, authorizations to transport, carry, or transfer firearms by individuals and businesses, and gun show sponsorship approvals. All owners of a firearms business and employees who handle firearms need a Possession and Acquisition Licence. Criminal and background checks are required for owners and employees who must maintain a clean history with no record of violence. Firearms businesses also require a federal Business Firearms Licence which is issued for a 3 year term. If a municipality refuses or revokes a municipal Business Licence, the Chief Firearms Officer will not issue or renew a Business Firearms Licence; however, municipalities are not currently informed if a Business Firearms Licence has been revoked by the Chief Firearms Officer. Regulation of Commercial Firearms Related Businesses in Delta: Currently, the retail sale of firearms and ammunition is permitted in commercial zones as a general retail activity, the warehousing and manufacture of firearms is permitted in industrial zones, and gunsmithing, or the repair and maintenance of firearms, is considered a permitted home occupation use. The manufacture of ammunition is prohibited in all zones in Delta. Current Proposal: As a result of consultation with commercial firearms related business owners, the HRAC, the Chief Firearms Officer of BC and Yukon, and a survey of other lower mainland municipalities, amendments to the "Delta Business Licence Bylaw No. 4019, 1986" are proposed rather than a general prohibition or restrictions in the zoning bylaw for commercial firearms related businesses. The intent of a Business Licence Bylaw amendment would be to provide a `checks and balances' system with the

4 Community Planning and Development Subject: Council Workshop - Commercial Firearms Businesses in Delta File No, P09-10 Page 3 of 4 federal licencing process and to identify the location of permitted commercial firearms related businesses in Delta. Proposed changes to the "Delta Business Licence Bylaw No. 4019, 1986" for commercial firearms related businesses are as follows: Insert definitions for ammunition, firearms and Federal Firearm Licence. Require applicants to provide proof of a valid Business Firearms Licence from the Chief Firearms Officer of BC and Yukon for new commercial firearms related businesses or at the time of renewal for an existing firearms related business. Require applicants to submit the results of a criminal records check for all owners and employees for new commercial firearms related businesses or at the time of renewal for an existing firearms related business. Insert the following clauses: o a Licence for a commercial firearms related business is conditional upon the holder of the Licence having a valid Federal Firearm Licence and shall cease to have any force or effect if that Federal Firearm Licence expires or is revoked or cancelled; and o the commercial sales, bartering, warehousing, storage or distribution of firearms, the repair, maintenance or manufacture of firearms and the sale of ammunition is prohibited unless specified on the business licence. Next Steps: Should Council consider an amendment to "Delta Business Licence Bylaw No. 4019, 1986", the next steps for implementing the business licence regulations for commercial firearms related businesses are as follows: Introduce the bylaw and proceed with the public notification process as per Section 59(2) of the Community Charter.

5 Community Planning and Development Subject: Council Workshop - Commercial Firearms Businesses in Delta File No: P09-10 Page 4 of 4 Formalize the letter of intent and regular reporting processes with the Chief Firearms Officer for BC and Yukon. Establish a policy stating the grounds for refusing a municipal business licence for a firearms business. At the workshop staff will be seeking Council direction to proceed. Thon^s Leathern, Director of Community Planning and Development Attachment A: Commercial Firearm Regulations Presentation TM/jar :CiG

6 Commercial Firearm Regulations Review of Options

7 May 2009 Background - Proposed bylaw to prohibit firearms businesses - Request for additional information and consultation June -August Consultation with stakeholders

8 Zoning Bylaw Wh e re a re firea rm s bu s in ess per mitte d? - "retai l trade" i n Commercial Zones -wholesaling, distribution and manufacturing in Industrial Zones - gunsm ithing as a home occupation

9 Precedent Municipalities What is permitted in other municipalities? Most permit firearms businesses Surrey - Prohibited in the Zoning Bylaw Vancouver, Port Moody, Abbotsford, New Westminster and Coquitlam considering changes T> (a ) (D :3 D

10 Options: Restriction vs Regulation A. Status quo - no change to either bylaw B. Zoning prohibition C. Business licence bylaw amendments only D. Spatial separation requirements in zoning bylaw and business licence bylaw amendments D

11 Current Proposal Business Licence Bylaw Amendments add defined terms valid federal business firearms licence criminal records check for owners and employees owners to notify Delta of a change in federal licence status Departmental/referral process changes \Y m

12 ?.;_ The Corporation of Delta Report to Council Next Steps Notification to stakeholders of proposed bylaw changes Implement departmental/referral process changes