Los Altos Municipal Code Ch. 7.31 Possession of Firearms in Sensitive Places

Editor's note— Ord. No. 2023-491, § 1, adopted April 11, 2023, set out provisions designated as Ch. 7.30, §§ 7.30.010—7.30.040, however there already exists a Ch. 7.30, therefore, to prevent duplication of section numbers, and at the editor's discretion, these provisions have been redesignated as Ch. 7.31, §§ 7.31.010 —7.31.040.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A.

Firearm means any gun, pistol, revolver, rifle or any device that is designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms, BB guns, or air rifles as defined in Government Code Section 53071.5 or any successor legislation;

B.

Sensitive place means any of the following places:

i.

City property, meaning real property, including any buildings thereon, owned or leased by city, and in city's possession. "City property" does not include any public right-of-way owned by the city, including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, expressways, and ways within the city;

ii.

Any polling place while voting is occurring;

iii.

Any school. For the purposes of this section, "school" includes all institutions that provide preschool, elementary, secondary, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeteria and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. "School" does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption.

(Ord. No. 2023-491, § 1, 4-11-2023)

A.

Except as otherwise provided by federal or state law, no person shall carry a firearm in any sensitive place unless they are subject to an exemption under Section 7.31.030. This prohibition applies to persons licensed to carry a concealed firearm.

(Ord. No. 2023-491, § 1, 4-11-2023)

A.

This section shall not apply to:

i.

A federal, state, or local law enforcement officer when such person is authorized to carry a concealed weapon or a loaded firearm under state law or under 18 U.S.C. Section 926B or any successor legislation;

ii.

An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under state law or 18 U.S.C. Section 926C;

iii.

A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state or federal law to carry a firearm and when such persons are engaged in the exercise of their official duties;

iv.

A person bringing or transporting an unloaded firearm onto city property to exchange, transfer, or relinquish it to law enforcement, in compliance with any city operated, approved, or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;

v.

A person lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle.

vi.

A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where firearms are prohibited, any firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation.

(Ord. No. 2023-491, § 1, 4-11-2023)

A.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor punishable as set forth in Chapter 1.20 of the Los Altos Municipal Code.

(Ord. No. 2023-491, § 1, 4-11-2023)