Chapter 9.40 FIREARMS POSSESSION AND FIRING

Chapter 9.40
FIREARMS POSSESSION AND FIRING

Sections:

9.40.010 Prohibited acts designated—Firearms defined.

9.40.020 Exemptions to applicability of Section 9.40.010.

9.40.010 Prohibited acts designated—Firearms defined.

Except as otherwise provided in this chapter, no person shall have in his possession within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit to such minor to have in his possession within this city, any loaded firearm, cannon, gun, pistol, revolver, air rifle, air gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or protects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to fire or discharge or cause to be fired or discharged within the city any firearm, cannon, gun, pistol, revolver, air rifle, air gun, BB gun or pellet gun, or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as “firearms.” (Ord. 264 § 1 (part), 1975).

9.40.015 Firearms deemed loaded when.

A firearm shall be deemed to be loaded for the purposes of this chapter when there is an unexpended cartridge or shell, consisting of a case which holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Ord. 264 § 1 (part), 1975).

9.40.020 Exemptions to applicability of Section 9.40.010.

A. The provisions of Section 9.40.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

1. Peace officers listed in Section 830.1 or 830.2 or subdivision (a) of Section 830.3 of the Penal Code of the state, and other duly appointed peace officers, full-time paid peace officers of other states and the federal government who are carrying out official duties while in California and in this city, or any persons summoned by any such officers to assist in making arrests or preserving the peace while he is actually engaged in assisting such officer;

2. Guards or messengers of common carriers, banks and other financial institutions while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other things of value within this city;

3. Members of the military forces of the state, or of the United States engaged in the performance of their duties;

4. The carrying of concealable weapons by persons who are authorized to carry such weapons pursuant to Section 12050, and following, of the Penal Code of the state;

5. Private investigators, private patrol operators, and operators of a private patrol service who are licensed pursuant to Section 7500, and following, of the Business and Professions Code of the state, while acting within the course and scope of their employment;

6. The carrying of weapons by animal control officers regularly compensated as such by a governmental agency when acting in the course and scope of their employment, and when designated by ordinance or resolution to carry such weapons, or by persons who are authorized to carry such weapons pursuant to Section 607 (f) of the Civil Code while actually engaged in the performance of their duties pursuant to such section;

7. Uniformed security guards or night watchmen employed by any public agency, while acting within the scope and in the course of their employment;

8. Uniformed security guards regularly employed and compensated as such by persons engaged in any lawful business, while actually engaged in protecting and preserving the property of their employers;

9. Employees or agents of a burglar alarm company while responding to an alarm, or such employees or agents, when in uniform, while on duty for the purpose of a responding to an alarm;

10. To the use of a gun firing .22 caliber shot cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;

11. For a period of _____ days from and after _______________19_____, the use of a .410 gauge through 10 gauge shotgun upon a written permit applied for and granted by the chief of police for the sole use and purpose of abating the public nuisance caused by the presence of pigeons.

B. Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee or agent authorized by such person for lawful purposes connected with such business, from having a loaded firearm within such person’s place of business, or any person in lawful possession of private property from having a loaded firearm on such property.

C. Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or another is in immediate danger and that the carrying of such weapon is necessary for the preservation of such person or property.

D. Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his place of residence. (Ord. 324 § 1, 1979; Ord. 264 § 1 (part), 1975).