Daly City Municipal Code Ch. 9.60 Firearm Safe Storage

The city council finds and determines that:

A. Firearm injuries have a significant public health impact; and

B. Keeping a firearm locked while in a residence when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission, and this simple measure significantly decreases the risk that the firearm will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally.

The purpose of this chapter is to require the safe storage of firearms in a residence.

The city council finds that the foregoing recitals are true and correct and are hereby incorporated into the chapter by this reference.

(Ord. No. 1466, § 1, 5-22-2023)

A. "Firearm" means a firearm as defined in California Penal Code, Section 16520.

B. "Locked container" means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this chapter, a "locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device and where such locking device shall be made with steel or comparable strong heavy metals, and keyed locks shall require a key specific to the lock being used. The term "locked container" does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.

C. "Residence" means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs.

D. "Trigger/cable lock" means a 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.

(Ord. No. 1466, § 1, 5-22-2023)

A. Except when carried on the person, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger/cable lock.

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).

(Ord. No. 1466, § 1, 5-22-2023)

A violation of this section shall be subject to enforcement through civil penalties, as provided herein.

A. Civil Penalties. The city may pursue any civil remedies available under the law.

B. Separate Offense. Each violation shall be deemed a distinct and separate offense. Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of a violation.

(Ord. No. 1466, § 1, 5-22-2023)

The amount of a penalty imposed for any violation of this chapter shall be one hundred dollars for a first violation, two hundred dollars for a second violation within twelve months, and five hundred dollars for third and additional violations within twelve months.

(Ord. No. 1466, § 1, 5-22-2023)