Berkeley Municipal Code Ch. 13.69 Securing of Firearms

No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. (Ord. 7633-NS § 1 (part), 2018)

As used in this Section 13.69.020, the following terms have the following meaning:

A. "Firearm" means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time.

B. "Locked container" means a locked container as defined in 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, 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. (Ord. 7633-NS § 1 (part), 2018)

This Chapter shall not apply in the following circumstances:

A. The firearm is carried on the person of an individual 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. (Ord. 7633-NS § 1 (part), 2018)

In order to encourage reports to law enforcement agencies of lost or stolen firearms pursuant to Chapter 13.75, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen shall not be subject to prosecution for violation of Chapter 13.69. (Ord. 7633-NS § 1 (part), 2018)

Every violation of this Chapter shall constitute a misdemeanor under Section 1.20.010 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. 7633-NS § 1 (part), 2018)