Los Angeles County Municipal Code Ch. 13.68 Prohibition on the Carrying or Possession of Firearms on County Property

A.

The Board of Supervisors has authority over the management and control of County facilities and property, and by way of ordinance may regulate the manner in which the facilities and property of the County are accessed and used by the public;

B.

State Law does not preempt local laws banning the possession of firearms on County property. See, e.g., Calguns Found., Inc. v. County of San Mateo, (2013) 218 Cal.App.4 th 661; Nordyke v. King (2002) 27 Cal.4 th 875. Accordingly, the Board of Supervisors has the authority to ban the carrying and possession of firearms in and on County facilities and property, with certain exceptions;

C.

Prohibiting the possession of firearms in and on County facilities and property (with certain exceptions) promotes the public health and safety by contributing to the reduction of the presence of firearms and the potential for gunshot fatalities and injuries in the County. Further, it will increase the confidence of members of the public that they are not at risk of injury from firearms when they seek to use County facilities and property.

(Ord. 2023-0017 § 1, 2023.)

A.

"Firearm" shall mean any device, designed to be used as a weapon or modified to be used as a weapon, such as but not limited to a gun, pistol, revolver, rifle or any device that expels a projectile by the force of an explosion or other form of combustion. In accordance with Government Code section 53071.5, this definition specifically includes any BB device, toy gun, replica of a firearm, or other device that meets both of the following requirements: 1) The device is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm; and 2) The device expels a projectile that is no more than 16 millimeters in diameter.

B.

"County Property" shall mean any real property, including any buildings thereon, owned or leased by the County of Los Angeles (hereinafter "County"), and in the County's possession or in the possession of a public or private entity under contract with the County to perform a public purpose including but not limited to the following property: recreational and park property, hiking trails, beaches, parks, playgrounds, plazas, and County department facilities. The term "County property" does not include any "local public building" as defined in Penal Code Section 171b(c), where the state regulates possession of firearms pursuant to Penal Code Section 171b.

(Ord. 2023-0017 § 1, 2023.)

No person shall bring onto, possess, or carry a firearm on County property, loaded or unloaded, unless a specific exception applies.

(Ord. 2023-0017 § 1, 2023.)

The provision of section 13.68.030 of this chapter shall not apply to the following:

A.

A law enforcement agency or facility maintained by the law enforcement agency that requires employees to carry a firearm or that is required by law to store firearms seized in a crime, such as the District Attorney;

B.

An agency duly authorized to perform law enforcement duties;

C.

A person described in Section 18800 of the California Penal Code, when acting within the course and scope of his or her law enforcement duties;

D.

A federal law enforcement officer, when acting in the course and scope of his or her law enforcement duties;

E.

A peace officer, honorably retired peace officer, or person assisting a peace officer when authorized to carry a concealed weapon under Penal Code Section 25450 or a loaded firearm under Penal Code Section 25900 and under 18 U.S.C. 926B or 926C, and is acting within the course and scope of such employment;

F.

A firearms dealer who has been issued a Federal Firearms License, a Certificate of Eligibility by the State of California, and a Gun Dealer Business License under Title 7 of this code by the County of Los Angeles to engage in the retail sale of firearms;

G.

Persons duly authorized to carry a concealed weapon under Penal Code Sections 25620, 25625, 25630, and 25650, including but not limited to, members of the armed forces; members of military or civil organizations carrying unloaded firearms in parades or going to and from meetings; on duty common carrier or bank guards or messengers overseeing the transportation of things of value; or honorably retired federal officers.

H.

Persons duly authorized to carry a loaded firearm under Penal Code Sections 26000, 26015, 26020, 26025, and 26030(a), including but not limited to, members of the active military; certain armored vehicle guards; honorably retired federal officers or agents; special police patrol, harbor police, zoo and animal control officers.

I.

The public administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligation under State Law;

J.

Persons lawfully present at a target range;

K.

Any authorized participant in a motion picture, television or video production or entertainment event when the participant lawfully uses a firearm as part of that production or event and has properly obtained a permit to film on County property.

(Ord. 2023-0017 § 1, 2023.)

All provisions of this chapter are effective thirty (30) days from the date of final passage by the Board of Supervisors.

(Ord. 2023-0017 § 1, 2023.)

A.

A violation of this chapter shall constitute a misdemeanor.

B.

Any person who violates any provision of this chapter may be subject to a civil action by County Counsel, including but not limited to, an injunction and other equitable remedies, and shall be liable for a civil penalty of up to $2,500 per violation, per day, as well as attorneys' fees.

C.

The penalties and remedies provided for in this chapter are nonexclusive and are cumulative with any other remedy available to the County as provided for by law.

(Ord. 2023-0017 § 1, 2023.)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable.

(Ord. 2023-0017 § 1, 2023.)