CHAPTER 20F
SAFE STORAGE OF FIREARMS IN RESIDENCES
Sections:
20F-1 Definitions.
(a) “Firearm” means a firearm as defined in California Penal Code Section 16520, as amended from time to time. Notwithstanding the foregoing, rockets and rocket-propelled projectile launchers not intended for use as a weapon are not subject to this chapter. A BB, pellet, or paint gun is not considered a firearm.
(b) “Locked container” means a secure container that is fully enclosed and locked that is listed on the California Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code Section 23655(d).
(c) “Residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, apartments, rooms, accessory dwelling units, motels, hotels, single-room occupancies, time-shares, tents, and recreational and other vehicles where human habitation occurs.
(d) “Locking device” means a locking device that is listed on the California Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code Section 23655(d). (Ord. No. 2363 § 1, 2022.)
20F-2 Prohibition.
No person shall keep a firearm within a residence unless the firearm is:
(a) Stored in a locked container or disabled with a locking device that has been approved by the California Department of Justice; or
(b) Carried on the person of the owner, or other lawfully authorized user of the firearm who is over the age of 18, in a manner to allow such person to retrieve and control the use of the firearm in accordance with all applicable laws; or
(c) Within arm’s reach proximity of the owner, or other lawfully authorized user of the firearm who is over the age of 18, to allow such person to readily retrieve and physically control the use of the firearm, as if carried on the person. “Arm’s reach” refers to the area of physical control an individual has over the firearm from a standing or seated position without moving from such position.
(d) An exemption for this section shall apply if the firearm owner is a peace officer or a member of the Armed Forces or the National Guard using the firearm during, or incidental to, the performance of the person’s official duties. (Ord. No. 2363 § 1, 2022.)
20F-3 Penalty.
Every violation of this chapter shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both. (Ord. No. 2363 § 1, 2022.)
20F-4 Severability.
If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this chapter which can be implemented without the invalid provisions, and, to this end, the provisions of this chapter are declared to be severable. The city council hereby declares that it would have adopted this chapter and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable. (Ord. No. 2363 § 1, 2022.)