Alameda Municipal Code § 4-32 Firearms and Weapons

Footnotes:

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Editor's note— Ord. No. 3269 N.S., § 1, adopted March 17, 2020, amended 4-32 in its entirety to read as herein set out. Former 4-32, pertained to similar subject matter, and derived from Ord. No. 535 N.S.

Firearm means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

Residence means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.

Locked container means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

Trigger lock means a trigger lock that is listed on the California Department of Justice's roster of approved firearms 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 California Penal Code Section 23635, as may be amended from time to time.

(Ord. No. 3269 N.S., § 1, 3-17-2020)

Unless otherwise lawful, no person shall fire, discharge, or cause to be fired or discharged, any firearm within the limits of the City.

(Ord. No. 3269 N.S., § 1, 3-17-2020)

No person shall keep a firearm within any residence or upon any residential premises, unless the firearm is stored in a locked container or disabled with a trigger lock within a residence.

This provision shall not apply when the firearm is carried on the person of an individual in accordance with all applicable laws.

(Ord. No. 3269 N.S., § 1, 3-17-2020)

A person who owns or possesses a Firearm who reports to the Alameda Police Department that a Firearm was stolen or lost within twenty-four (24) hours of the time they knew or reasonably should have known that the firearm had been stolen or lost shall not be subject to administrative citations for violation of Section 4-32.3.

(Ord. No. 3269 N.S., § 1, 3-17-2020)

No person shall discharge upon any public street or place in the City any gun, by means of which any missile is projected by a spring, bow, or compressed air, or use slingshots, slings, bows, or any other implement whereby stones, beans, shot, pebbles, or other substance are projected.

(Ord. No. 3269 N.S., § 1, 3-17-2020)

Notwithstanding Section 1-5 and subject to subsection 4-32.4, violations of this section shall carry the following penalties:

a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) dollars for a third offense within a one (1) year period.

b. Any person violating any provision of this section, except for subsection 4-32.3, shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty ($250.00) dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand ($1,000.00) dollars per violation, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 3269 N.S., § 1, 3-17-2020)