La Mesa Municipal Code Ch. 10.30 Residential Storage of Firearms

For the purposes of this chapter, the following definitions apply:

(a) "Accessory structure" means a structure attached to or detached from a primary structure located on the same premises that is customarily incidental and subordinate to the primary structure or use. The term accessory structure includes accessory buildings.

(b) "Authorized user" means a person who is not legally prohibited from owning or possessing a firearm.

(c) "Firearm" as defined in California Penal Code section 16520(a), as may be amended.

(d) "Locked container" as defined in California Penal Code section 16850, as may be amended.

(e) "Person" as defined in Section 1.01.030(5) of this Code.

(f) "Residence" means any structure intended or used for human habitation including, without limitation, houses, condominiums, apartments, and mobile homes.

(g) "Trigger lock" means a firearm safety device meeting the requirements in California Penal Code section 23635(a), as may be amended.

(Ord. 2024-2913, § 1, August 13, 2024)

(a) It is unlawful for any person to keep a firearm within any residence, including its accessory structures, unless the firearm is stored in a locked container or disabled with a trigger lock.

(b) Exceptions. Subsection 10.30.020(a) 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.

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

(Ord. 2024-2913, § 1, August 13, 2024)

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 chapter for the firearm that is reported lost or stolen.

(Ord. 2024-2913, § 1, August 13, 2024)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal or state law.

(Ord. 2024-2913, § 1, August 13, 2024)

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. 2024-2913, § 1, August 13, 2024)

Pursuant to Section 1.01.080 of this Code, any violation of this chapter shall constitute an infraction with penalties prescribed in accordance with California law.

(Ord. 2024-2913, § 1, August 13, 2024)