Encinitas Municipal Code Ch. 9.30 Firearms

Other than in the defense of a person or property, it shall be an infraction for any person to shoot, fire or discharge any harmful projectile from any pistol, revolver, shotgun, rifle or any other firearm or device fired or discharged by explosives, or air gun or air rifle in any portion of the City of Encinitas.

(Ord. 91-14)

The provisions of this chapter do not apply to the following:

A. The use of a starter pistol for or during an official sporting event.

B. Weapons and firearms discharged on a firing range permitted to operate within the City limits.

"3D printing"

means the process of manufacturing a physical object from a three-dimensional digital model by adding successive layers of material.

"Federal firearms importer"

means a licensed firearm importer as defined in 18 U.S.C. Section 921(a)(9)(2019), as may be amended.

"Federal firearms manufacturer"

means a licensed firearm manufacturer as defined in 18 U.S.C. Section 921(a)(l 0) (2019), as may be amended.

"Firearm"

has the same meaning as in California Penal Code Section 16520(a), as may be amended. As used in this section, firearm shall include a handgun, rifle, or shotgun.

"Frame"

means the primary structural component of a firearm to which the fire control components are attached.

"Handgun"

has the same meaning as in California Penal Code Section 16640, as may be amended.

"Non-serialized firearm"

means a firearm that is not either imprinted with a serial number issued to that firearm by a Federal Firearms Importer or Federal Firearms Manufacturer in compliance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.

"Person"

has the same meaning as in Encinitas Municipal Code Section 6.60.020, as may be amended.

"Receiver"

means the primary structural component of a firearm to which the fire control components are attached.

"Rifle"

has the same meaning as in California Penal Code Section 17090, as may be amended.

"Shotgun"

has the same meaning as in California Penal Code Section 17190, as may be amended.

"Unfinished frame"

means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means.

"Unfinished receiver"

means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.

(Ord. 2022-08)

For the purposes of this section, any reference to firearms, frames, receivers, unfinished frames, or unfinished receivers includes those that are manufactured by 3D printing. It is unlawful for any person to:

A. Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.

1. This subsection shall not apply to a Federal Firearms Importer or Federal Firearms Manufacturer.

2. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.

3. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

B. Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal Firearms Importer or Federal Firearms Manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.

C. Possess, purchase, transport, or receive a non-serialized firearm.

1. This subsection shall not apply to an employee or sworn peace officer of a local, state, or federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties.

2. This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

3. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:

a. The non-serialized firearm has been rendered permanently inoperable.

b. The non-serialized firearm is an antique firearm as defined in California Penal Code Section 16170, as may be amended.

c. The non-serialized firearm was manufactured or assembled prior to 1968.

d. The non-serialized firearm has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53, including Section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Chapter 44, including Section 921(a) (2019), as may be amended, and 27 C. F. R. Section 478.11 (2019), as may be amended.

e. The non-serialized firearm has been entered into the centralized registry set forth in California Penal Code Section 11106, as may be amended, prior to July I, 2018, as being owned by a specific individual or entity if that firearm has assigned to it a distinguishing number or mark of identification.

4. It shall be an affirmative defense to a violation of this subsection that the person is in compliance with California Penal Code Section 29180, as may be amended.

D. Sell, offer to sell, transfer, or offer to transfer a non-serialized firearm. This subsection shall not apply to a non-serialized firearm if any of the following conditions apply:

1. The non-serialized firearm has been rendered permanently inoperable.

2. The non-serialized firearm is an antique firearm as defined in California Penal Code Section 16170, as may be amended.

3. The non-serialized firearm was manufactured or assembled prior to 1968.

4. The non-serialized firearm has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53, including Section 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Chapter 44, including Section 921(a) (2019), as may be amended, and 27 C. F. R. Section 478.11 (2019), as may be amended.

E. A violation of this section shall constitute a misdemeanor and is enforceable pursuant to the Encinitas Municipal Code Chapter 1.08.

(Ord. 2022-08)