Petaluma Municipal Code Ch. 10.56 Possession, Storage and Discharge of Firearms

This chapter is adopted in the exercise of the police power of the city for the protection of the welfare, safety,

peace and comfort of the residents of the city of Petaluma to reduce harm that may be caused by Mrearms that

are unnecessarily or unsafely discharged in the city, or that are not securely stored or that are lost or stolen and

not reported, while preserving the rights guaranteed by the Second Amendment to the U.S. Constitution. (Ord.

2831 NCS §3, 2023; Ord. 756 NCS §1; prior code § 16.26.)

The following words and phrases, whenever used in this chapter, shall have meanings speciMed in this section

unless the context clearly requires otherwise, and any reference to California or federal statutes includes any

regulations promulgated thereunder and includes interpretations of the courts and any successor or amended

version of the referenced statute or regulatory provision:

A. “Firearm” means any 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 deMned in California Penal Code Section

16520. “Firearm” does not include an “antique Mrearm” as deMned by 18 U.S.C. 921(a)(16).

B. “Firearm precursor part” means any forging, casting, printing, extrusion, machined body or similar article that

has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the

frame or receiver of a functional Mrearm, or that is marketed or sold to the public to become or be used as the

frame or receiver of a functional Mrearm once completed, assembled or converted as deMned in California Penal

Code Section 16531.

C. “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock,

combination lock, or similar locking device as deMned in California Penal Code Section 16850 and that is listed on

the California Department of Justice Bureau of Firearms roster of approved Mrearm safety devices. The term

“locked container” does not include the utility or glove compartment of a motor vehicle.

D. “Locking device” means any trigger lock or other device that is designed to prevent a Mrearm from functioning

and, when applied to the Mrearm, renders the Mrearm inoperable in accordance with the deMnition in California

Penal Code Section 16860, and that is listed on the California Department of Justice’s roster of approved Mrearms safety devices as appropriate for that Mrearm by reference to either the manufacturer and model of the Mrearm or

to the physical characteristics of the Mrearm that match those listed on the roster for use with the device under

Penal Code Section 23635.

E. “Peace oOcer” means any person who comes within the provisions of Section 830 and following of the Penal

Code and who otherwise meets all standards imposed by law on a peace oOcer.

F. “Residence” means any structure intended or used for human habitation including, but not limited to,

accessory units, apartments, condominiums, hotels, houses, motels, recreational and other vehicles, rooms,

single-room occupancies, and time-shares. “Residence” also includes the curtilage of the residence.

(Ord. 2831 NCS §3, 2023; Ord. 756 NCS §1; prior code §16.27.)

A. Except as otherwise provided in this chapter, no person shall possess, Mre or discharge or cause to be Mred or

discharged within the city, nor shall any parent, guardian or person having the care, custody or control of any

minor permit such minor to have in their possession within this city or to Mre or discharge or cause to be Mred or

discharged within the city any Mrearm, except as provided in subsection B of this section.

B. Exceptions. Subsection A of this section shall not apply to the following possession or use of Mrearms:

1. To possession or use of peace oOcers or persons in military service in the discharge of their duties and

using reasonable care;

2. To possession or use by persons using Mrearms in necessary and lawful self defense;

3. To the possession of Mrearms 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 Mring, shooting or target range or hunting

ground;

4. To the possession or discharging or Mring of Mrearms or causing them to be discharged or Mred at a legal

Mring, shooting or target range or hunting ground;

5. To the possession or discharging or Mring of Mreworks after permit therefor has been issued by the Mre

chief as provided by law;

6. To the possession or use of a gun Mring .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.

(Ord. 2831 NCS §3, 2023; Ord. 1304 NCS §6, 1978. Formerly 10.56.010.)

Any person who owns or possesses a Mrearm shall report the theft or loss of the Mrearm to the Petaluma police

department within forty-eight hours of the time the person suspected or knew that the Mrearm had been stolen or

lost, if:

A. The person who owns or possessed the stolen or lost Mrearm resides in the city; or

B. The theft or loss of the Mrearm occurred in the city.

(Ord. 2831 NCS §3, 2023.)

required.

A. Prohibition. No person shall keep a Mrearm or Mrearm precursor part within a residence unless the Mrearm or

Mrearm precursor part is stored in a locked container or disabled with a locking device. The Mrearm must be stored

or disabled in a manner that a reasonable person would believe renders it inaccessible to unauthorized users. It is

a violation of this prohibition if the key, or mechanism or code to unlock or disable the locked container or locking

device, is disclosed to, or kept in a location accessible to, unauthorized users.

B. Exceptions. Subsection A of this section shall not apply to a Mrearm:

1. That it is carried on the person of, or is otherwise in the immediate control and possession of, a person

in accordance with applicable local, state, and/or federal laws; or

2. That is carried on the person of, or is otherwise in the immediate control and possession of, a peace

oOcer; or

3. To a person who reports the loss or theft of a Mrearm that person owns or possessed to the Petaluma

police department within forty-eight hours from the time the person suspected or knew that the Mrearm had

been lost or stolen.

(Ord. 2831 NCS §3, 2023.)

Violation of any requirement of this chapter may, in the sole discretion of the city and city enforcement oOcials

acting on behalf of the city, be enforced administratively, or by civil or criminal enforcement action, and shall be

subject to the penalties speciMed in Chapters 1.10 through 1.16, and any other applicable laws or regulations.

(Ord. 2831 NCS §3, 2023; Ord. 1304 NCS §6, 1978. Formerly 10.56.030.)

1 Editor’s Note: Ord. 2831 adds this section as 10.56.050. It has been editorially renumbered to prevent

duplication of numbering.

Part X. Miscellaneous OIenses