Pinole Municipal Code Ch. 9.19 Safe Storage of Firearms

AMMUNITION. A bullet, cartridge, magazine, clip, speed loader, autoloader or projectile capable of being fired from a firearm with a deadly consequent.

CLOSE PROXIMITY AND CONTROL. Means within arm’s reach of a person who is actively paying attention to the firearm such that they could gain control of the weapon before an unauthorized person could access the weapon.

FIREARM. 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.

LOCKED CONTAINER. A locked container as defined in California Penal Code Section 16850, as amended from time to time, and as listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

PEACE OFFICER. A peace officer as defined in California Penal Code Section 830 as amended from time to time.

RESIDENCE. Any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time shares and recreational and other vehicles where human habitation occurs.

TRIGGER LOCK. A trigger lock that is listed on the California Department of Justice’s roster of approved firearms 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 California Penal Code Section 23655(d), as amended from time to time.

TRUNK. A fully enclosed compartment that is separate from the main cabin of the vehicle.

UNATTENDED VEHICLE. Means that a person aged eighteen (18) or over is not present in the vehicle.

VEHICLE. A vehicle as defined in California Vehicle Code Section 415, as amended from time to time.

(Ord. 2024-07 § 2, 2024)

Except when carried on the person of an individual not prohibited from the ownership or possession of a firearm or when in the close proximity and control of a person not prohibited from the ownership or possession of a firearm, no person shall keep a firearm or ammunition in any residence unless:

A. The firearm is stored in a locked container, or the firearm is disabled with a trigger lock.

B. The ammunition is stored in a locked container.

(Ord. 2024-07 § 2, 2024)

A. No person shall store or keep a firearm or ammunition in a vehicle unless the firearm or ammunition is stored:

1. For any and all firearms, disabled with a trigger lock in a locked container in the locked trunk of a vehicle.

2. The key or other disabling device to the lock box is not left in the unattended vehicle.

3. For vehicles with four (4) or more wheels and lacking a trunk, firearms and ammunition must be in a locked container that is permanently affixed to the vehicle and underneath a seat, or covered, or otherwise outside the view of the public.

4. For vehicles with fewer than four (4) wheels and lacking a trunk, in a locked container that is permanently affixed to the vehicle.

B. Notwithstanding subsections (A)(1) to (3), no person may place, store or keep a firearm or ammunition overnight in a vehicle.

C. This section is not intended to conflict with any applicable state or federal law.

D. This section is intended to apply to all vehicles within the City of Pinole. However, nothing in this section shall apply to on-duty peace officers or to federal officers or military personnel who are acting within the scope of their authority and discharging their official duties.

(Ord. 2024-07 § 2, 2024)

A. Sections 9.19.020 and 9.19.030 do not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

B. Sections 9.19.020 and 9.19.030 do not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of an on-duty peace officer (as defined in California Penal Code Sections 830 et seq., as amended from time to time) who is on duty.

C. To encourage reporting of lost or stolen firearms (as defined in California Penal Code section 16520, as amended from time to time), a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of Sections 9.19.020 or 9.19.030.

D. It is not the intention of this section to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

(Ord. 2024-07 § 2, 2024)

Nothing in this chapter affects a person’s obligations to report that a firearm has been lost or stolen to local authorities within 24 hours of the time they knew or reasonably should have known that the firearm had been lost or stolen.

(Ord. 2024-07 § 2, 2024)

A. A person who violates Section 9.19.020 is guilty of a misdemeanor.

B. A person who violates Section 9.19.030 for the first time is guilty of an infraction. A person who violates Section 9.19.030 for a second time, and all subsequent violations, is guilty of a misdemeanor.

C. In addition to the penalties provided for herein, any violation of this chapter may be punished pursuant to the provisions of Chapter 1.12 of this code.

D. Notwithstanding anything in this code to the contrary, a violation of this chapter that is designated as a misdemeanor may be punishable by a fine of up to one thousand dollars per violation.

(Ord. 2024-07 § 2, 2024)