Chapter 7.20
FIREARMS
Sections:
7.20.010 Discharge prohibited – Exceptions.
7.20.030 Residential safe storage of firearms.
7.20.010 Discharge prohibited – Exceptions.
No person shall shoot or discharge any pistol, rifle, gun or other firearm, not necessary in self-defense or in the performance of official duty, within the city limits. Violation of this section is a misdemeanor. (Ord. 47 § 1, 1987; 1987 Code § 6.08.010)
7.20.020 Ammunition sales.
A. “Firearm ammunition,” as used in this section, shall include any ammunition for use in pistols, revolvers, rifles, shotguns, or any other device designed to be used as a weapon from which is expelled a projectile by the force of explosion or other form of combustion.
B. Except as specified in subsection C or D of this section, no person, including retail gun dealers, shall sell, give, lend or transfer ownership of any firearm ammunition during the period of seven days prior to the first day of January of each year or on the first day of January of each year, or during the seven days prior to the Fourth of July of each year or on the Fourth of July of each year.
C. Nothing in this section shall prohibit the sale or transfer of ownership of firearm ammunition by a wholesale gun dealer to another wholesale gun dealer or by a wholesale gun dealer to a retail gun dealer, or of ammunition from which the propellant has been removed and the primer has been permanently deactivated.
D. Nothing in this section shall prohibit sales to or acquisitions by any person described in Section 12302 or 12322 of the Penal Code of the state of California.
E. The provisions of this section shall not apply to the sale of firearm ammunition when such sale is prohibited by Title 2, Part 4, of the Penal Code of the state of California. (Ord. 244 § 1, 1998)
7.20.030 Residential safe storage of firearms.
A. Purpose and Intent. It is the purpose and intent of this section that the storage of firearms in residences within the city of Solana Beach be regulated for the protection and health of the public and to prevent firearm access by a person who is not the authorized user of a firearm.
B. Definitions. The following definitions apply in this section:
1. “Accessory structure” has the same meaning as in SBMC 17.08.030.
2. “Authorized user” means a person who is not prohibited from owning or possessing a firearm.
3. “Firearm” means any weapon from which a missile, such as, but not limited to, a bullet, ball, or shell, is hurled by an explosive.
4. “Locked container” has the same meaning as in California Penal Code Section 16850.
5. “Person” has the same meaning as in SBMC 17.08.030.
6. “Residence” means any structure intended or used for human habitation including, without limitation, houses, townhouses, condominiums, apartments, and mobile homes.
7. “Structure” has the same meaning as in SBMC 17.08.030.
8. “Trigger lock” means a firearm safety device approved by the California Department of Justice Bureau of Firearms in accordance with California Penal Code Section 23635.
C. Prohibition. It is unlawful for any person to keep a firearm within any residence, including its accessory structures, unless the firearm is stored in a locked container or disabled with a trigger lock.
D. Exceptions. Subsection C of this section shall not apply in the following circumstances:
1. The firearm is carried on the body of a person who is an authorized user of the firearm; or
2. The firearm is in the immediate control of the authorized user so that the person can readily retrieve and use the firearm as if carried on the person’s body.
E. Reporting Lost or Stolen Firearms. In order to encourage reports to law enforcement agencies of lost or stolen firearms, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen shall not be subject to prosecution for violation of this section for the firearm that is reported lost or stolen. (Ord. 505 § 3, 2019)
7.20.040 Prohibition of possession or sale of non-serialized, unfinished firearm frames or receivers and non-serialized firearms.
A. Purpose and Intent. It is the purpose and intent of this section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames and unfinished receivers, and non-serialized firearms within the city of Solana Beach be prohibited for the protection, health and welfare of the public, to further effective law enforcement, and to provide the city with reasonable measures to address the dangers to the community posed by non-serialized firearms, commonly known as “ghost guns.” This section is intended to be applied and interpreted consistent with state and federal law.
B. Definitions. The following definitions apply in this section:
1. “Federal firearms importer” has the same meaning as in 18 U.S.C. Section 921(a)(9) (2019), as may be amended.
2. “Federal firearms manufacturer” has the same meaning as in 18 U.S.C. Section 921(a)(10) (2019), as may be amended.
3. “Firearm” has the same meaning as in California Penal Code Section 16520(a), as may be amended. As used in this section, firearm shall include a handgun, rifle, or shotgun.
4. “Frame” means the primary structural component of a firearm to which the fire control components are attached.
5. “Handgun” has the same meaning as in California Penal Code Section 16640, as may be amended.
6. “Non-serialized firearm” means a firearm that is not either imprinted with a serial number issued to that firearm by a federal firearms importer or federal firearms manufacturer in compliance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.
7. “Person” has the same meaning as in SBMC 7.20.030.
8. “Receiver” means the primary structural component of a firearm to which the fire control components are attached.
9. “Rifle” has the same meaning as in California Penal Code Section 17090, as may be amended.
10. “Shotgun” has the same meaning as in California Penal Code Section 17190, as may be amended.
11. “Unfinished frame” means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means.
12. “Unfinished receiver” means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.
C. Prohibition. It is unlawful for any person to:
1. Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a federal firearms importer or federal firearms manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.
a. This subsection shall not apply to a federal firearms importer or federal firearms manufacturer.
b. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.
c. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
2. Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a federal firearms importer or federal firearms manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.
3. Possess, purchase, transport, or receive a non-serialized firearm.
a. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.
b. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
c. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:
i. The non-serialized firearm has been rendered permanently inoperable.
ii. The non-serialized firearm is an antique firearm as defined in California Penal Code Section 16170, as may be amended.
iii. The non-serialized firearm was manufactured or assembled prior to 1968.
iv. The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including Section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including Section 921(a) (2019), as may be amended, and 27 C.F.R. Section 478.11 (2019), as may be amended.
v. The non-serialized firearm has been entered into the centralized registry set forth in California Penal Code Section 11106, as may be amended, prior to July 1, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification.
d. It shall be an affirmative defense to this subsection that the person is in compliance with California Penal Code Section 29180, as may be amended.
4. Sell, offer to sell, transfer, or offer to transfer a non-serialized firearm. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:
a. The non-serialized firearm has been rendered permanently inoperable.
b. The non-serialized firearm is an antique firearm as defined in California Penal Code Section 16170, as may be amended.
c. The non-serialized firearm was manufactured or assembled prior to 1968.
d. The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including Section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including Section 921(a) (2019), as may be amended, and 27 C.F.R. Section 478.11 (2019), as may be amended. (Ord. 522, 2022)