East Palo Alto Municipal Code Art. II Discharge and Possession of Firearms

Editor's note— Ord. of 5-2-2023(1), § 2, deleted § 9.24.060, which pertained to firearms definition and derived from Prior code § 4-4.201.

No person shall, within the city, discharge or fire any firearm, except as provided in Section 9.24.080.

(Prior code § 4-4.202)

The provisions of Section 9.24.070 as to the use of any firearm shall not apply to any of the following cases:

A. To sheriffs, constables, marshals, policemen, or other peace officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the Armed Services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;

B. To persons using firearms in the lawful defense of self, third persons, or the user's property;

C. To persons discharging or firing such firearms or causing them to be discharged or fired at a regularly established firing, shooting or target range with the consent of the owner and/or person in charge of any such firing, shooting or target range; the term "regularly established firing, shooting or target range" as used in this subsection includes properly constructed indoor and/or outdoor home ranges on private property when such range is supervised by an adult;

D. To persons lawfully hunting pursuant to the provisions of the California Fish and Game Code.

(Prior code § 4-4.203)

It is unlawful for any person under the age of eighteen (18) years to have in his possession in a public place any firearm, except as provided in Section 9.24.100.

(Prior code § 4-4.204)

The provisions of Section 9.24.090 shall not apply to persons under the age of eighteen (18) in the following cases:

A. When such person is in the immediate charge of a parent, guardian or adult person having the responsibility for the conduct of such person under the age of eighteen (18) years;

B. When the firearm is unloaded and either: (1) in a dismantled or take-down condition; or (2) completely wrapped or in a carrying case made for the purpose of carrying such firearm. A gun shall be deemed to be unloaded only when no ammunition or propellant is in any part of the gun or magazine or clip thereof;

C. When such person is lawfully hunting pursuant to the provisions of the California Fish and Game Code and in possession of a hunting license issued as prescribed by that code.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor.

(Prior code § 4-4.205; Ord. No. 334, § 26, 7-20-2010)

No person shall sell, deliver or transfer ownership to any person under the age of eighteen (18) years any pistol, revolver or other similar weapons capable of being concealed upon the person and designed to discharge a solid projectile propelled by the expansion of a gas.

(Prior code § 4-4.206)