Chapter 9.08 — GUNS AND EXPLOSIVES

Except as otherwise provided in this chapter no person shall have in his possession within this city, and no person shall fire or discharge, or cause to be fired or discharged within this city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city, or to fire or discharge or cause to be fired or discharged within the city, any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, air-gun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms."

(Ord. 1720 (part), 1956: prior code § 8.01)

(a) The provisions of Section 9.08.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

(1) To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

(2) To persons using firearms in necessary self-defense;

(3) To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range or hunting ground;

(4) To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

(5) To the discharging or firing of fireworks after permit therefor has been issued by the fire chief;

(6) To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents;

(7) To the discharging or firing of a pistol incapable of projecting any bullet or missile (a) for the sole purpose of starting an organized athletic event, by an official who has charge of the competitors at the start of the athletic event; or (b) for use as a theater prop in a bona fide theatrical production.

(Ord. 2936 § 1, 1976: Ord. 2142 (part), 1963: Ord. 1720 (part), 1956: prior code § 8.02)

(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 government for the purpose of government administration;

(2) Any building within the geographic boundaries of the city that is owned or leased by a public entity other than the city for the purposes of

government administration, where the public entity that owns or leases the property has authorized the city to enforce this prohibition on said property;

(3) Any polling place while voting is occurring;

(4) 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.

(e) Penalties. Any person violating any of the provisions of this section shall be guilty of a misdemeanor punishable as set forth inChapter 1.08 of the Palo Alto Municipal Code.

(Ord. 5578 § 3, 2023)