Morro Bay Municipal Code Ch. 9.36 Safe Storage of Firearms

This law is intended to reduce firearm violence and firearm injuries and make the city safer. Having an unsecured firearm in the home is associated with an increased risk of firearm-related injury, death and suicide. Applying trigger locks or using locked containers when storing firearms in the home reduces the risk of firearm injury and death. Keeping a firearm locked or stored safely when it is not being carried or within immediate control ensures that it cannot be accessed and used by others without the owners' knowledge or permission. This simple measure significantly decreases the risk that the firearm will be used to commit suicide, homicide or inflict injury, whether intentionally or unintentionally.

(Ord. No. 644, § 1, 9-28-21)

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

A. "Firearm" means a device, designed 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, as defined in California Penal Code Section 16520, as amended from time to time.

B. "Locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device, as defined in California Penal Code section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

C. "Residence" means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, vacation rentals, single room occupancies, time-shares, and recreational and other vehicles where human habitation occurs.

D. "Trigger lock" means a trigger lock that is listed on the California Department of Justice's roster of approved firearm 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), as amended from time to time.

(Ord. No. 644, § 1, 9-28-21)

No person shall keep a firearm within a residence unless the firearm is:

A. Stored in a locked container or disabled with a trigger lock;

B. Carried on the person of the owner, or other lawfully authorized user of the firearm; or

C. 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 that person.

(Ord. No. 644, § 1, 9-28-21)

Failure to comply with any of the requirements of this chapter is a misdemeanor punishable by imprisonment in the city or county jail for a period not exceeding six months or by fine not exceeding one thousand dollars, or by both. Where the city attorney has determined that such action would be in the best interests of justice, the city attorney may specify in the accusatory pleading that the violation shall be an infraction and the violation shall be prosecuted as an infraction.

(Ord. No. 644, § 1, 9-28-21)