Cudahy Municipal Code Art. II Firearms

* Editor’s Note: Prior ordinances codified herein include portions of Ordinance Nos. 73, 74 and 394.

(1) According to the National Center for Injury Prevention and Control’s Web-Based Injury Statistics Query and Reporting System Injury Mortality Reports, in 2010, guns took the lives of 31,076 Americans in homicides, suicides, and unintentional shootings, which is the equivalent of more than 85 deaths each day and more than three deaths each hour.

(2) According to the United States Federal Bureau of Investigation 2012 Uniform Crime Reports, of the 1,879 murders that took place in California in 2012, 1,304 were caused by firearms.

(3) The city council finds that the measures provided in this chapter provide some relief from the violence and harm caused by and resulting from both the intentional and accidental misuse of guns and the purpose of such measures is to promote the health, safety, and welfare of all its residents.

(4) The provisions of this chapter are not intended to contradict or duplicate any applicable state or federal law. (Ord. 637 § 2, 2014).

(1) “Firearm” includes all devices described in California Penal Code Section 12001, including, but not limited to, any gun, pistol, revolver, rifle or any device, designed 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.

(2) “Ammunition” is any ammunition as defined in California Penal Code Section 12316(b)(2).

(3) “Peace officer” is any person who is a peace officer as defined in California Penal Code Section 830, et seq.

(4) “Person” means a natural person, association, partnership, firm, corporation, or other entity.

(5) A “sale” is any transaction, with or without the exchange of consideration, which transfers ownership, title, possession, or control of any firearm, or gives, loans, leases, or delivers a firearm. A “sale” includes the act of placing an order for any of the aforementioned transfers. The act of displaying a firearm shall not constitute a sale for purposes of this title. (Ord. 637 § 2, 2014).

(1) No person may possess a large-capacity magazine in the city of Cudahy whether assembled or disassembled. For purposes of this section, “large-capacity magazine” means any detachable ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

(a) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds; or

(b) A .22 caliber tubular ammunition feeding device; or

(c) A tubular magazine that is contained in a lever-action firearm.

(2) Any person who, prior to the effective date of this section, was legally in possession of a large-capacity magazine shall have 90 days from such effective date to do either of the following without being subject to prosecution:

(a) Remove the large-capacity magazine from the city of Cudahy; or

(b) Surrender the large-capacity magazine to the city of Cudahy for destruction; or

(c) Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.

(3) This section shall not apply to the following:

(a) Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency such agency employees in the discharge of their official duties;

(b) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, as defined in the California Penal Code Section 830 et seq., to the extent that such person is otherwise authorized to possess a large-capacity magazine and does so while acting within the course and scope of his or her duties;

(c) A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties;

(d) Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity’s armored vehicle business;

(e) Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal Code Sections 18900, 26500 et seq., 31000, 32315, 32650, 32700 et seq., or 33300, when the possession of a large-capacity magazine is in accordance with that license or permit;

(f) A licensed gunsmith for purpose of maintenance, repair, or modification of the large-capacity magazine;

(g) Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer than is reasonably necessary to deliver or transport the same to the law enforcement agency;

(h) Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds fewer than 10 rounds of ammunition is compatible with the firearm and the person possesses the large capacity magazine solely for use with that firearm; or

(i) Any retired peace officer holding a valid, current carry concealed weapons (CCW) permit issued pursuant to Penal Code Section 26510. (Ord. 637 § 2, 2014).

(1) The sale of firearms and/or ammunition on city property is prohibited.

(2) For purposes of this section, “city property” includes real property owned, leased, subleased, or otherwise assigned by the city, or real property subject to the use and control of the city.

(3) This section shall not apply to:

(a) The sale of any firearm by a peace officer, as defined in the California Penal Code Section 830 et seq., when on duty and the sale of such firearm is within the scope of his or her duties; or

(b) The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligations under state law. (Ord. 637 § 2, 2014).

(1) Every person who brings onto or possesses on city property a firearm, loaded or unloaded, or ammunition for a firearm is guilty of a misdemeanor.

(2) This section shall not apply to:

(a) A peace officer, as defined in the California Penal Code Section 830 et seq.;

(b) A guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, patrol operator, or alarm company operator, or uniformed security guard as these occupations are defined in Penal Code Section 12031(d) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code Section 12033, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment;

(c) A person holding a valid, current carry concealed weapons (CCW) permit issued pursuant to Penal Code Section 26510;

(d) An authorized participant in a motion picture, television, video, dance, or theatrical production or event, when the participant lawfully uses the firearm as part of such production or event; provided, that when such firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use;

(e) A person lawfully transporting firearms or ammunition in a motor vehicle on city roads;

(f) A federal criminal investigator or law enforcement officer; or

(g) A member of the military forces of the state of California or the United States. (Ord. 637 § 2, 2014).

(1) No person shall discharge any firearm within the city.

(2) This section shall not apply to the discharge of any firearm:

(a) By any peace officer, as defined in California Penal Code Section 830 et seq., when acting in his or her official capacity;

(b) When necessary to protect life or property, to the extent authorized by law; or

(c) At any target in or on any pistol, rifle, or target range, provided such range is so installed, constructed, safeguarded, equipped, and used as to adequately prevent any arrow, bullet, or shot from being projected beyond the confines of such range. (Ord. 637 § 2, 2014).

Except when carried on his or her person, or in his or her immediate control and possession, no person shall keep a firearm in any residence owned or controlled by that person unless the firearm is stored in a locked container, or the firearm is disabled with a trigger lock that is listed on the California Department of Justice’s list of approved firearms safety devices. (Ord. 637 § 2, 2014).

Any person who owns or possesses a firearm shall report the theft or loss of such firearm to the community development department within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the city; or (2) the theft or loss of firearm occurs in the city. (Ord. 637 § 2, 2014).

(1) It is unlawful for any person to engage in the business of selling, leasing, or otherwise transferring ammunition within the city except in compliance with this section.

(2) Every ammunition vendor shall maintain an ammunition sales log which records all ammunition sales by the vendor. The transferee shall provide, and the ammunition vendor shall record on the ammunition sales log, at the time of sale, all of the following information for each sale of firearms ammunition:

(a) The name, address, and date of birth of the transferee;

(b) The date of the sale;

(c) The transferee’s driver’s license number, state identification card number, passport number, or other valid government-issued photographic identification;

(d) The brand, type, and quantity of firearms ammunition transferred;

(e) The identity of the person transferring the firearms ammunition on behalf of the ammunition vendor;

(f) The transferee’s signature and right thumbprint.

(3) The ammunition sales log shall be recorded on a form approved by the community development director. All ammunition sales logs shall be kept at the location of the ammunition sale for a period of not less than two years from the date of the sale.

(4) No person shall knowingly provide false, inaccurate, or incomplete information to an ammunition vendor, and no ammunition vendor shall knowingly make a false, inaccurate, or incomplete entry in any ammunition sales log. (Ord. 637 § 2, 2014).