Mountain View Municipal Code Art. V Firearms on City Property

This article's purpose is to:

a. Protect public safety by protecting vulnerable populations—a high number of people who congregate at sensitive places, such as city buildings, city playgrounds, city community centers and other city public facilities;

b. Enable the public to visit the city's properties, buildings and facilities without fear of endangerment from gun violence or accidental injuries; and

c. To achieve these important and substantial governmental interests, the city council seeks to ensure that city properties:

1. Do not create any risk that the public and the city employees at those locations will suffer harm from gun violence or accidental injuries;

2. Do not draw individuals with firearms to sensitive public places; and

3. Are operated in a manner that protects members of the public from the risk of grave bodily harm or death from gun violence and accidental injury.

(Ord. No. 4.21, § 1, 4/27/21.)

"City property" means real property, including any buildings thereon, owned, leased or subleased by the city and in the city's possession or in the possession of a public or private entity, corporation or person under contract with the city to perform a public purpose as defined in this article, including, but not limited to, the following properties: parks, playgrounds, open space, plazas, community centers, city facilities (including, but not limited to, city hall, the center for the performing arts, city library, the municipal operations center, the police/fire administration building, and fire stations), parking lots and parking structures.

"Firearm" means 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.

"Public purpose" means purposes normally or otherwise reasonably associated with the use of city-owned, leased or subleased real property, including buildings thereon, dedicated to benefiting the public, including, but not limited to: public buildings in which publicly funded services are administered, rendered or provided; and parks, convention centers, museums, theaters, historical buildings and recreational facilities.

"Weapon" as used in this chapter shall include: a firearm as defined in Penal Code Section 16520; a knife, dirk or dagger as defined in Penal Code Section 16470; a deadly weapon as defined in Penal Code Section 16430; a destructive device as defined in Penal Code Section 16460; an explosive as defined in Penal Code Section 16510; a generally prohibited weapon as defined in Penal Code Section 16590; an imitation firearm as defined in Penal Code Section 16700; and a switchblade knife as defined in Penal Code Section 17235. If any of the foregoing Penal Code sections are renumbered, replaced or modified, the definition in the successor section shall apply.

(Ord. No. 4.21, § 1, 4/27/21.)

No person, except as set forth in Sec. 38.303, shall bring a firearm into or on any city property as defined in Sec. 38.301.

(Ord. No. 4.21, § 1, 4/27/21.)

Sec. 38.302 does not apply to the following:

a. A peace officer, retired peace officer or person assisting a peace officer when authorized to carry a concealed weapon or a loaded firearm under California law or under 18 U.S.C. Section 926B or Section 926C or any successor legislation. The term "peace officer" as used in this article shall have the same meaning as used in Penal Code Section 830 et seq., and shall include a federal law enforcement officer who has powers of arrest under Penal Code Section 830.8.

b. A member of the armed forces when on duty.

c. Any person bringing a firearm onto city property in order to exchange or transfer or relinquish it to the Mountain View Police Department in compliance with any Mountain View Police Department-operated or -sponsored program to purchase, exchange or otherwise obtain voluntary relinquishment of firearms from the public.

d. Individuals delivering firearms and ammunition as authorized by California or federal law to or from the Mountain View Police Department.

e. A guard or messenger of a common carrier, bank or financial institution or an armored vehicle guard when authorized by applicable California or federal law to carry the firearm and when engaged in the exercise of official duties on city property.

f. An honorably retired federal officer or agent of a federal law enforcement agency when authorized to carry a concealed or loaded weapon under California or federal law.

g. A patrol special police officer, animal control officer or zookeeper when authorized by applicable California or federal law to carry a loaded firearm and when engaged in the exercise of official duties on city property.

h. A security officer appointed by a sheriff or police chief for the protection of government property under applicable California or federal law.

i. An officer authorized to transport prisoners under applicable California or federal law.

j. An authorized participant in a motion picture, television, film or video production or musical or theatrical production when the participant lawfully uses an unloaded firearm as part of that production.

(Ord. No. 4.21, § 1, 4/27/21.)