Chapter 13.75 — DUTY TO REPORT THEFT OR LOSS OF FIREARMS

The purpose of this chapter is to (1) facilitate the apprehension of criminals who commit crimes with stolen or lost weapons, (2) deter the criminal use of stolen and lost weapons, (3) facilitate the recovery of stolen and lost property, (4) prevent unwarranted criminal accusations against owners who suffer the loss or theft of a firearm, and (5) deter persons from falsely claiming that a firearm was lost or stolen to avoid punishment for an illegal firearm transfer. (Ord. 6619-NS § 1, 2001)

Exemptions.

A. All persons residing in Berkeley who own or possess a firearm (as defined in Penal Code Section 12001(b) or as amended) shall report the theft or loss of such firearm to the Berkeley Police Department within 48 hours of becoming aware of such theft or loss.

B. Persons licensed to sell or manufacturer firearms pursuant to Penal Code Sections 12071 or 12086 are exempt from this chapter, if the firearm lost or stolen was business merchandise, was lost or stolen from their firearm-related business, or was in their possession pursuant to Penal Code Section 12082. (Ord. 6619-NS § 1, 2001)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason declared unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its sections, subsections, sentences, clauses, or phrases. (Ord. 6619-NS § 1, 2001)

Any person violating any provision of this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 6619-NS § 1, 2001)

Division IX. Rent Stabilization