Moraga Municipal Code Ch. 9.12 Storage of Firearms

The following words and phrases when used in this chapter, shall have the following meanings:

A. "Residence" refers to any structure intended or used for human habitation including, but not limited to a house, condominium, room, accessory dwelling unit, trailer coach or house car that is parked and being used as a residence, motel, hotel, time-share, and other locations where human habitation occurs.

B. "Locked container" refers to a secure container that is fully enclosed and locked by a padlock, biometric lock, key lock, combination lock, or similar locking device, as defined in Penal Code Section 16850, as may be amended from time to time.

C. "Firearm" refers to any rifle, shotgun, revolver, pistol, or any other device designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of any explosion or other form of combustion, as defined in Penal Code Section 16520(a), as may be amended from time to time.

D. "Gun lock" refers to a cable or trigger lock that is listed in the California Department of Justice's roster of approved firearms safety devices, as defined in California Penal Code Section 16540, as may be amended from time to time, 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.

E. "Immediate control" means within close enough proximity and control that the owner or other lawfully authorized user of the firearm can readily retrieve and use the firearm as if carried on the person.

(Ord. No. 275, § 2, 3-14-2018)

No person shall keep any firearm within a residence owned or controlled by that person unless the firearm is stored in a locked container or disabled with a gun lock that has been approved by the California Department of Justice.

(Ord. No. 275, § 2, 3-14-2018)

The firearm storage regulations set forth in this chapter shall not apply in the following circumstances:

A. The firearm is carried on the person of, or is in the immediate control of, an individual, in accordance with any and all applicable local, state or federal laws.

B. The firearm is under the control of a person who is a peace officer, either active duty or honorably retired, pursuant to California Penal Code § 830 et seq.

(Ord. No. 275, § 2, 3-14-2018)

A. Penalty. A first violation of any provision of this chapter shall constitute an infraction. Any subsequent violation shall constitute a misdemeanor.

B. Fines. A first violation of this chapter shall be punishable by a fine of two hundred fifty dollars ($250.00). A second or subsequent violation of this chapter is a misdemeanor and shall be punishable by a fine of one thousand dollars ($1,000.00).

C. Other Enforcement Remedies. No provision of this chapter is intended to supersede or supplant any state law and a violation of this chapter may be subject to any other civil or criminal procedures and fines as provided by state or federal law.

(Ord. No. 275, § 2, 3-14-2018)