Article VII — WEAPONS

For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:

Ammunition means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.

Concealed firearm has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.

Firearm:

(1)

Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.

(2)

Includes:

a.

A firearm, as defined in California Penal Code section 16520 or any successor legislation.

b.

A BB device, as defined in California Penal Code section 16250 or any successor legislation.

c.

An imitation firearm, as defined in California Penal Code section 16700(a) or any successor legislation.

Licensee means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to sections 26150, 26155, or 26170 of the California Penal Code.

Sale or sell:

(1)

Means any transaction, with or without the exchange of consideration, which:

a.

Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or

b.

Gives, loans, leases, or delivers a firearm, or ammunition, or both.

(2)

Includes the act of placing a order for any of the aforementioned transfers.

School means "school zone" as defined in Penal Code section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities,

offices, cafeterias 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 (1) another by blood, marriage, or adoption.

Sensitive place means any of the following places:

(1)

Town property;

(2)

Any polling place where voting is occurring;

(3)

Any school;

(4)

A bus, train, paratransit, or other form of transportation paid for in whole or in part with public funds where the public agency that operates the transit system has duly authorized the Town to enforce this prohibition; and

(5)

A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property.

Town Property means Town government buildings, including, but not limited to, the Civic Center Complex, the Police Operations Building, the Parks and Public Works Department offices, and the Town Library.

Unloaded:

(1)

Means:

a.

No ammunition is in the firearm's chamber or cylinder; and

b.

No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.

(2)

Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.

(Ord. No. 2341, § II, 8-1-23)

No person shall at any time, fire or discharge, or cause to be fired or discharged, any gun, air rifle, B-B gun, anvil, cannon, rifle, pistol or firearm of any kind. Violation of this section shall be a misdemeanor.

(Code 1968, § 17-9)

(a)

The provisions of section 18.70.010 shall not apply to or affect sheriffs, constables, marshals, police officers or other duly appointed peace officers in the discharge of their duties; nor to any other person summoned by any such officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting such officer; nor to members of the Army, Navy or Marine Corps of the United States, nor to the National Guard members, when on duty; nor to organizations which are authorized by the United States of America to use such firearms; nor to members of any lawfully organized club when using such firearms for the purpose of practicing shooting at targets upon established target ranges; nor to persons using firearms in necessary self-defense, and in a careful manner; nor to persons using firearms in a careful manner in a bona fide shooting gallery; nor to an owner or written permittee carefully discharging firearms in an adequately protected indoor range on such owner's property.

(b)

The provisions of sections 18.70.010 to 18.70.030 shall not apply to explosives when used for blasting operations. The provisions of the fire prevention code adopted by this Code shall regulate and control explosives when used for blasting.

(Code 1968, § 17-10; Ord. No. 2221, § I, 10-7-13)

Any B-B gun, air rifle or firearm fired or discharged in the Town in violation of the provisions of section 18.70.010 is a public nuisance and shall be surrendered to the Chief of Police. The Chief of Police shall annually destroy or cause to be destroyed such firearms, unless the Town Council shall by direct resolution provide for the disposal of such firearms in a lawful manner other than by destruction thereof, or the judge of the court of record or the District Attorney of the County furnishes a certificate that the preservation thereof is necessary or proper to the ends of justice.

(Code 1968, § 17-11)

person.

(a)

In accordance with Penal Code section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.

(b)

The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:

(1)

The applicant is of good moral character.

(2)

The applicant is a resident of the Town of Los Gatos.

(3)

The applicant has completed a course of training as described in Penal Code section 26165.

(4)

The application complies with state law, the Town Code, and the Town's concealed carry firearm license procedure adopted by the Chief of Police.

(c)

License applications shall be submitted electronically using the Town's on-line concealed carry license application portal.

(d)

The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the Town Code, and the Town's concealed carry firearm license procedure.

(e)

Any such license issued shall contain a description of the firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two (2) years from the date of issuance.

(f)

In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.

(g)

If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police.

(h)

The Chief of Police may deny any application that does not comply with state law, Town Code, or the Town's concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the Town's concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or permittee of the decision in person or by mail at the address shown on the application on file in the office of the Chief of Police. Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.

(Ord. No. 2341, § II, 8-1-23)

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Editor's note— Ord. No. 2341, § I, adopted Aug. 1, 2023, repealed the former § 18.70.025, and enacted a new § 18.70.025 as set out herein. The former § 18.70.025 pertained to permit to carry, shoot and discharge and derived from Code 1968, § 17-12.

Editor's note— Ord. No. Ord. No. 2341, § IV, adopted Aug. 1, 2023, repealed § 18.70.030, which pertained to sale to, possession, use by minors and derived from Code 1968, § 17-13.

Editor's note— Ord. No. Ord. No. 2341, § V, adopted Aug. 1, 2023, repealed § 18.70.035, which pertained to sling shots; possession prohibited and derived from Code 1968, § 17-35.

No person shall, including those persons holding a concealed carry weapons license:

(1)

Bring onto or possess at a sensitive place:

a.

A firearm, loaded or unloaded.

b.

Ammunition for a firearm.

(2)

Sell on Town property:

a.

A firearm, loaded or unloaded.

b.

Ammunition for a firearm.

(Ord. No. 2341, § VI, 8-1-23)

Section 18.70.040 does not apply to the following:

(1)

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

(2)

An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded firearm under State law;

(3)

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;

(4)

An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders;

(5)

Any person bringing an unloaded firearm onto Town property in order to exchange or transfer or relinquish it to the Police Department, in compliance with any Police Department operated or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;

(6)

A person delivering unloaded firearms as authorized by state or federal law, to or from law enforcement;

(7)

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

(8)

A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law;

(9)

A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in exercise of official duties on city properties;

(10)

An officer authorized to transport prisoners under applicable California or federal law;

(11)

An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded firearm as a part of that production;

(12)

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;

(13)

A licensee in their residence or place of business in accordance with section 12026 of the California Penal Code and any successor legislation.

(Ord. No. 2341, § VII, 8-1-23)

Section 18.70.040 does not apply to the purchase of sale of a firearm, or ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.

(Ord. No. 2341, § VIII, 8-1-23)

No person shall sell to any minor in the Town under the age of sixteen (16) years, and no person shall sell or give to any minor in the Town under the age of eighteen (18) years, without written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B gun, or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other missile of any kind may be projected. The provisions of this section shall not apply to the possession of such firearms or other instruments by such minors in carrying or transporting such firearms or other such instrument, unloaded or broken down into, through or out of the Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions authorized to give military instruction, while such firearms or other instrument are being used as a part of such instruction, nor

to the possession of unloaded firearms, air rifles or other such instruments by any such minor as an employee of a merchant, when such possession is in the usual course of the minor's employment. The provisions of this section shall not apply to cap pistols, dart guns or other similar toys.

(Ord. No. 2341, § IX, 8-1-23)

No person shall make use of or wear or carry or have in possession any sling shot, rubber sling or other instrument or contrivance by means of which shots or other missiles of any kind or description are or made to be hurled or projected.

(Ord. No. 2341, § X, 8-1-23)