Monte Sereno Municipal Code Ch. 4.20 Gun Storage Regulations

A. "Close proximity and control" means, as used in this chapter, within physical reach of a person who is actively paying attention to the firearm such that they could gain control of the weapon before any unauthorized person could access the weapon. As used in this definition, an unauthorized person shall include, but not be limited to, a minor prohibited from possessing the firearm under Cal. Penal Code § 29610.

B. "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.

C. "Locked container" means a locked container as defined in Penal Code section 16850, as amended from time to time, and on the California Department of Justice Bureau of Firearms Roster of Safety Devices.

D. "Residence" means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time shares, and recreational and other vehicles where human habitation occurs, whether on a temporary or permanent basis, and whether owned, leased, rented, or used with or without compensation, and regardless of the lawful status of the structure or its occupancy.

E. "Trigger lock" means a trigger lock that is listed on the California Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code section 23655(d).

(Ord. No. NS-226, § 1, 5-18-2021)

A. Except when such firearm is carried on an individual who may lawfully possess a firearm in accordance with all applicable laws or when such firearm is kept in the close proximity and control of such a person, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is disabled with a trigger lock. This provision does not apply to the storage or use of a firearm outside of a residence.

B. Each violation of this section shall be deemed an infraction.

C. Each day that a firearm is improperly stored shall constitute a separate violation of this Section.

(Ord. No. NS-226, § 1, 5-18-2021)

A. 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 within forty-eight (48) hours of when the person knew or should have known that the firearm was lost or stolen shall not be subject to prosecution for a violation of Section 4.20.020.

B. Nothing in this Chapter affects a person's obligations under California Penal Code § 25250 to report that a firearm has been lost or stolen to local authorities within five (5) days of the time he or she knew or reasonably should have known that the firearm had been lost or stolen.

(Ord. No. NS-226, § 1, 5-18-2021)