Morgan Hill Municipal Code Ch. 9.04 Weapons

Footnotes:

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Editor's note— Ord. No. 2289 N.S., § 1, adopted Nov. 28, 2018, amended Ch. 9.04 in its entirety to read as herein set out. Former Ch. 9.04, §§ 9.04.010—9.04.040, pertained to similar subject matter and derived from Ord. 290 N.S., § A(part), adopted in 1970; Ord. 1198 N.S., § 1, adopted in 1994; Ord. 1226 N.S., § 2, adopted in 1995; Ord. 1693 N.S., § 2, adopted in 2004; and Ord. No. 2276 N.S., § 35, adopted May 2, 2018.

A. No person shall discharge in the city, outside of a licensed shooting range, any instrument or device of any kind, character or description which discharges, propels or hurls bullets, missiles of any kind to any distance from such instrument or device by means of elastic force, air pressure, vacuum, explosive force, mechanical spring action or electrical charge, without first having applied for and obtained a written permit therefore from the chief of police.

B. Subject to review by and as specifically directed by the council, the chief of police shall be the sole judge as to the desirability or necessity of such permit, which must be, in his judgment, necessary for the protection of the applicant or his property, or in the furtherance of the public welfare, and which necessity cannot be reasonably abated by other means.

C. Applicants for such permit shall provide the following:

1. An application in writing which states the purpose of such permit, the nature of the problem to be abated which necessitates the protection of the applicant, his property or the furtherance of the public welfare, and lists all other means which have been unsuccessfully employed to abate the problem;

2. Proof of liability insurance in the amount of one million dollars per occurrence, obtained by the applicant and naming the city as additional insured, in a form and with companies approved by the city;

3. A certificate of agreement holding the city harmless for any action by applicant under this chapter, in a form prescribed by the city.

D. Upon approval, such permit may be issued upon payment of a fee of twenty-five dollars and shall be upon conditions and limitations and for such a length of time as the chief of police may determine.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

Any person or business establishment engaged in the business of offering for sale any instrument or device described in Section 9.04.010 of this chapter shall have posted in a conspicuous place in the place of sale, a copy of this chapter and shall deliver a copy of this chapter to any purchaser of such instrument or device.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) shall report the theft or loss of the firearm to the Morgan Hill Police Department within forty-eight hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost, whenever: (1) the person resides in the city of Morgan Hill; or (2) the theft or loss of the firearm occurs in the city of Morgan Hill.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

No person shall leave a firearm (as defined in Penal Code Section 16520 or as amended) unattended in any residence owned or controlled by that person unless the firearm is stored in a locked container (as defined in Penal Code Section 16850 or as amended), or the firearm is disabled with a trigger lock that is listed on the California Department of Justice's list of approved firearms safety devices.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

A. No person may possess a large-capacity magazine in the city of Morgan Hill whether assembled or disassembled. For purposes of this section, "large-capacity magazine" means any detachable ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:

1. A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds; or

2. A .22 caliber tubular ammunition feeding device; or

3. A tubular magazine that is contained in a lever-action firearm.

B. Any person who, prior to the effective date of this section, was legally in possession of a large-capacity magazine shall have ninety days from such effective date to do either of the following without being subject to prosecution:

1. Remove the large-capacity magazine from the city of Morgan Hill; or

2. Surrender the large-capacity magazine to the Morgan Hill Police Department for destruction; or

3. Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.

C. This section shall not apply to the following:

1. Any federal, state, county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties;

2. Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to possess a large-capacity magazine and does so while acting within the course and scope of his or her duties;

3. A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties;

4. Any entity that operates an armored vehicle business pursuant to the laws of the state, and an authorized employee of such entity, while in the course and scope of his or her employment for purposes that pertain to the entity's armored vehicle business;

5. Any person who has been issued a license or permit by the California Department of Justice pursuant to Penal Code Sections 18900, 26500-26915, 31000, 32315, 32650, 32700-32720, or 33300, when the possession of a large-capacity magazine is in accordance with that license or permit;

6. A licensed gunsmith for purposes of maintenance, repair or modification of the large-capacity magazine;

7. Any person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition pursuant to federal or state law, and the person possesses the large-capacity magazine no longer than is reasonably necessary to deliver or transport the same to a law enforcement agency;

8. Any person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if the person can show that the large capacity magazine was included with the purchase of the firearm or no magazine that holds fewer than ten rounds of ammunition is compatible with the firearm, and the person possesses the large-capacity magazine solely for use with such firearm.

9. Any retired peace officer holding a valid, current Carry Concealed Weapons (CCW) permit issued pursuant to California Penal Code.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

(a) Purpose and intent. The purpose of this section is to protect sensitive places that have traditionally been subject to restrictions on carrying or possessing firearms, consistent with the Supreme Court's guidance in N.Y. State Rifle & Pistol Ass'n v. Bruen (2022), 142 S. Ct. 2111; to protect health, life, and property within the city; and to preserve the order and security of the City, its inhabitants, and its visitors.

(b) Prohibition. Except as otherwise provided by federal or state law, no person shall carry a firearm in any sensitive place unless they are subject to an exemption under subsection (d) of this section. This prohibition applies to persons licensed to carry a concealed firearm.

(c) For the purposes of this section, "sensitive place" means any of the following:

(1) Any building owned by or under the control of city, county, state, or federal government for the purpose of government administration.

(2) Any polling place while voting is occurring.

(3) Any school. For the purposes of this section, "school" includes all institutions that provide preschool, elementary, secondary, 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 another by blood, marriage, or adoption.

(d) Exemptions. This section shall not apply to:

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

(2) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under state law or 18 U.S.C. Section 926C;

(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) A person bringing or transporting an unloaded firearm onto city property to exchange, transfer, or relinquish it to law enforcement, in compliance with any city operated, approved, or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;

(5) A person lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle.

(6) 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.

(Ord. No. 2346, N.S., § 1, 6-7-2023)

Any instrument, device or article used or possessed in violation of the provisions of this chapter is declared to be a public nuisance and may be confiscated and possessed by a police officer of the city and turned over to the chief of police under the conditions set forth in this section. If no complaint for violation of this chapter is filed within seventy-two hours of the taking, the instrument or device shall be returned to the person from whom it was taken. If a complaint for violation of this chapter is filed within seventy-two hours, the chief of police may return it to the person from whose possession it was taken upon such conditions as he deems desirable for the public welfare. If the person from whom it was taken is not convicted of a violation of this chapter, then the device or instrument shall be returned to him without any conditions. If there is a conviction and sixty days have expired since the date of conviction, the same may be destroyed by the chief of police or returned to the person from whom it was taken upon such conditions as the chief deems desirable for the public welfare.

(Ord. No. 2289 N.S., § 1, 11-28-2018)

It is unlawful for any person to violate or cause or permit the violation of the provisions of any section of this chapter.

(Ord. No. 2289 N.S., § 1, 11-28-2018)