Del Mar Municipal Code Ch. 9.12 Firearms

For purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

A. Fire means to explode, discharge or impel by using heat, percussion or electric spark, or the release of compressed air or gas.

B. Firearm means any weapon from which a missile, such as but not limited to, a bullet, ball or shell, is hurled by an explosion or by means of compressed air or gas.

(Ord. No. 422)

It is unlawful for any person to fire any firearm within the City, except where reasonably necessary in defense of person or property.

The provisions of this Chapter do not apply to any of the following:

A. Firearms fired under the authority of the United States, the State of California or the City of Del Mar.

B. Firearms fired as part of the operation of a shooting gallery operated under the control of the 22nd Agricultural District as part of the County Fair.

Except for officers of the Federal, State, County or City of Del Mar and persons possessing a valid license to carry a loaded weapon, it is unlawful for any person to enter a public building within the City while in possession of a firearm.

A. Purpose and Intent. It is the purpose and intent of this section that the storage of firearms in residences within the City of Del Mar, California be regulated for the protection and health of the public and to prevent firearm access by a person who is not the authorized user of a firearm.

B. Definitions. For the purposes of this Section 9.12.050, the following definitions apply:

1. Accessory Building and Accessory Dwelling Unit have the same meanings as in Section 30.04.10 (A-C) of the Del Mar Municipal Code.

2. Authorized user means a person who is not prohibited from owning or possessing a firearm.

3. Firearm has the same meaning as in Del Mar Municipal Code Section 9.12.010(B).

4. Locked container has the same meaning as in California Penal Code section 16850.

5. Person has the same meaning as accorded by law in California.

6. Residence means any structure intended or used for human habitation including, without limitation, houses, condominiums, apartments, and mobile homes (a movable or portable dwelling built on a chassis, connected to utilities, designed without a permanent foundation, and intended for year-round living).

7. Structure has the same meaning as in Del Mar Municipal Code Section 30.04.180(L).

8. Trigger lock means a firearm safety device approved by the California Department of Justice Bureau of Firearms in accordance with California Penal Code section 23635.

C. Prohibition. It is unlawful for any person to keep a firearm within any residence, Accessory Building, Accessory Dwelling Unit, or other accessory structure, unless the firearm is stored in a locked container or disabled with a trigger lock.

D. Exceptions. Subsection (C) shall not apply in the following circumstances:

1. The firearm is carried on the body of a person who is an authorized user of the firearm, or

2. The firearm is in the immediate control of the authorized user so that the person can readily retrieve and use the firearm as if carried on the person's body.

E. Reporting Lost or Stolen Firearms. In order to encourage reports to law enforcement agencies of lost or stolen firearms, 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 this section for the firearm that is reported lost or stolen.

(Ord. No. 955, § 1, 10-21-2019)