§ 8-22 SAFE STORAGE OF FIREARMS

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

As used in this § 8-22 the following terms have the following meaning:

• a. FIREARM — means a firearm as defined in California Penal Code, Section16520, as amended from time to time.

• b. 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, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

• c. RESIDENCE — means any structure intended or used for human habitation, including but not limited to houses, condominiums, apartments, accessory dwelling units, rooms, in-law units, motels, hotels, Single Room Occupancy (SROs), time shares, and recreational and other vehicles where human habitation occurs.

• d. 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.

This § 8-22 shall not apply in the following circumstances:

• a. The firearm is carried on the person of an individual, during use for cleaning and maintenance, or during use for lawful self-defense, and in accordance with all applicable laws.

• b. The firearm is under the control of a person who is a peace officer under California Penal Code Section 830.

In order to encourage reports to law enforcement agencies of lost or stolen firearms in accordance with California Penal Code Section25250, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be subject to prosecution for violation of § 8-22.

Every violation of this § 8-22 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. Notwithstanding the preceding sentence, any violation of § 8-22 may, in the discretion of the City Attorney or other prosecutor, be charged and prosecuted as an infraction.