Marin County Municipal Code Ch. 6.50 Ban on the Possession of Firearms and Ammunition on County Property

(a) The national and statewide statistical information available from numerous sources overwhelmingly demonstrates that the incidence of gunshot fatalities and injuries has reached alarming and thus, unacceptable proportions. According to the report by the California Department of Justice (DOJ) entitled "Crime and Delinquency in California, 2001," seventy-two and one-tenth percent of the homicides in California in the year 2001 were committed using a firearm. Additionally, in California for the year 2001, twenty-two thousand six hundred and six armed robberies and twenty-one thousand five-hundred and forty-five aggravated assaults were committed by the use of a firearm [California DOJ Report - Crime and Delinquency in California 2001, Data Tables]; and

(b) The board of supervisors of Marin County finds that crimes committed with the use of a firearm, gunshot fatalities and injuries are prevalent in Marin County. In Marin County, from 1991-2000, according to the California DOJ reports entitled "Criminal Justice Profile, 2000" and "Criminal Justice Profile 2001," there were three hundred eighty-eight armed robberies and one hundred eighty-eight aggravated assaults involving the use of firearms. According to the Marin County coroner's statistics, in the year 2002, deaths from gunshots were among the top six causes of death from unnatural causes in Marin County (reported from the coroner to Marin County counsel); and

(c) The board of supervisors of Marin County has authority over the management and control of county property, and it may regulate, by ordinance, the manner in which the property of the county of Marin is accessed and used by members of the public; and

(d) Prohibiting the possession of firearms and/or ammunition on county property will promote the public health and safety by contributing to the reduction of gunshot fatalities and injuries in the county. 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 the property and facilities of the county of Marin. In particular, this board of supervisors finds that an enormous number of the general public utilizes the Marin County Fairgrounds and Lagoon Park, the Marin Veterans' Memorial Auditorium and the Marin Center Exhibit Hall throughout the year. Further, the board finds that these facilities are located adjacent to one another and that large numbers of children utilize these facilities year round. This board finds that prohibiting the possession of firearms and ammunition on county property will help to ensure the safety of the general public and specifically children who are among the most vulnerable in our society; and

(e) The California Supreme Court has ruled that public entities do have the right to ban the possession of firearms and ammunition on their property. This ruling upholds the legal ability of the Marin County board of supervisors to ban the possession of firearms and ammunition on county property. In Nordyke v. King (2002) 27 Cal. 4th 875, the Supreme Court upheld an Alameda County ordinance banning the possession of firearms and ammunition on county owned property; and

(f) Additionally, in Nordyke v. King, the United States Court of Appeals (Ninth Circuit, 2003) 319 F 3d. 1185 held that the ban of gun possession on county property did not violate the First Amendment of the federal constitution relating to expressive conduct and commercial speech and recognized that the Ninth Circuit Court's decision in Hickman v. Block (Ninth Circuit, 1996) 81 F. 3d 98, 102, foreclosed any claims with respect to violation of the Second Amendment of the federal constitution. This ruling affirmed the decision of the Federal District Court for the Northern District of California. The county of Marin is within the jurisdiction of the Northern District of California and the 9th Circuit Court of Appeals. This board of supervisors has been awaiting the above referenced ruling of the 9th Circuit before it considered the issue of whether to prohibit the possession of firearms and ammunition on county property.

(Ord. 3365 § 1 (part), 2003)

With passage of the ordinance codified in this chapter, the county seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety and welfare of all of its residents.

(Ord. 3365 § 1 (part), 2003)

(a) County Property. As used in this section, the term "county property" means real property, including any buildings thereon, owned or leased by the county of Marin (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 real property owned or leased by the county in the unincorporated and incorporated portions of the county and the Marin County Fairgrounds and Lagoon Park, the Marin Veterans' Memorial Auditorium and the Marin Center Exhibit Hall but 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.

(b) Firearms. As used in this section the term "firearm" is any gun, pistol, revolver, rifle or any device, 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 or BB guns and air rifles as defined in Government Code Section 53071.5.

(c) Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2).

(Ord. 3365 § 1 (part), 2003)

No person shall bring onto or possess on county property a firearm, loaded or unloaded, or ammunition for a firearm.

(Ord. 3365 § 1 (part), 2003)

This section does not apply to the following:

(a) A peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Sections 830 et seq.);

(b) 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;

(c) A guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, patrol operator or alarm company operator, or uniformed security guard as these occupations are defined in Penal Code section 12031(d) and who holds a valid certificate issued by the Department of Consumer Affairs under Penal Code section 12033, while actually employed and engaged in protecting and preserving property or life within the scope of his or her employment;

(d) A person holding a valid license to carry a firearm issued pursuant to Penal Code section 12050;

(e) An authorized participant in a motion picture, television, video, dance or theatrical production or event, when the participant lawfully uses the firearm as part of that production or event, provided that when such firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use;

(f) A person lawfully transporting firearms or ammunition in a motor vehicle on county roads;

(g) A federal criminal investigator or law enforcement office; or

(h) A member of the military forces of the State of California or of the United States while engaged in the performance of his or her duty;

(i) An animal control officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (Section 830.9), if such animal control officer is authorized by the employing agency to carry firearms;

(j) A security officer appointed by the sheriff as defined in California Penal Code Section 831.4.

(Ord. 3365 § 1 (part), 2003)

Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a term not to exceed six months, or by a fine not exceeding five hundred dollars or by both such imprisonment and fine.

The Marin County district attorney shall be responsible for the prosecution of violations under this chapter.

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

(Ord. 3365 § 1 (part), 2003)