Belmont Municipal Code Div. 2 Firearms

(a) "Firearm" means a firearm as defined in California Penal Code, Section 16520 other than an unserviceable firearm as defined by Code of Federal Regulations Title 27, Section 479.11.

(b) "Residence" means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, accessory dwelling units, motels, hotels, SRO's, time shares, recreational vehicles, and other vehicles where human habitation occurs.

(Code 1961, § 11.1; Ord. No. 986, § 1, 4-22-03; Ord. No. 2020-1151, § 1, 9-8-20)

No person shall within the limits of the city discharge or fire any firearm, except as provided in the following section.

(Code 1961, § 11.2; Ord. No. 986, § 1, 4-22-03)

The provisions of the preceding section as to the use of any firearm shall not apply to any of the following cases:

(a) Police, etc. To police officers, sheriffs, constables, marshals or other police officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;

(b) Self-defense. To persons using firearms in the lawful defense of self, third persons, or the users' property;

(c) Target range. To persons discharging or firing such firearms or causing them to be discharged or fired at a regularly established firing, shooting or target range with the consent of the owner or person in charge of any such firing, shooting or target range; the term "regularly established firing, shooting or target range" as used in this subsection includes properly constructed indoor or outdoor home ranges on private property when such range is supervised by an adult.

(Code 1961, § 11.3; Ord. No. 986, § 1, 4-22-03)

It shall be unlawful for any person under the age of eighteen (18) years to have in his possession in a public place any firearm, except as provided in the following section.

(Code 1961, § 11.4; Ord. No. 986, § 1, 4-22-03)

The provisions of the preceding section shall not apply to persons under the age of eighteen (18) years in the following cases:

(a) When under charge of adult. When such person is in the immediate charge of a parent, guardian or adult person having the responsibility for the conduct of the person under the age of eighteen (18) years.

(b) Unloaded guns. When the firearm is unloaded and either (1) in a dismantled or "take-down" condition or (2) completely wrapped or in a carrying case made for the purpose of carrying such firearm. A gun shall be deemed to be unloaded only when no ammunition or propellant is in any part of the gun or magazine or clip thereof.

(Code 1961, § 11.5; Ord. No. 986, § 1, 4-22-03)

(a) Except when carried on the person, no person shall keep a firearm in any residence unless the firearm is secured by a firearm safety device listed on the Department of Justice's roster of firearm safety devices certified for sale under Penal Code Section 23655.

(b) To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).

(c) The requirements of this section are in addition to the requirements for Penal Code Sections 25100 and 25105.

(Code 1961, § 11.6; Ord. No. 986, § 1, 4-22-03; Ord. No. 2020-1151, §§ 2, 3, 9-8-20)

Editor's note— Ord. No. 2020-1151, § 3, adopted Sept. 8, 2020, repealed former § 15-39 in its entirety which pertained to violations of this division and derived from Code 1961, § 11.7; Ord. No. 986, § 1, 4-22-03.