San Bruno Municipal Code Art. III Safe Storage of Firearms in a Residence

"Firearm"

means a firearm as defined in California Penal Code Section 16520, as may be amended from time to time. Firearm does not include an antique firearm, as defined in Section 18 U.S.C. 921(a)(16), or a permanently inoperable firearm.

"Locked container"

means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this chapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.

"Residence"

means any structure or vehicle intended or used for human habitation, including, but not limited to, houses, apartments, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy housing, time shares, recreational vehicles, and other vehicles where human habitation occurs.

"Trigger lock"

means 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 Penal Code Section 23635.

(Ord. 1897 § 3, 2021)

A. Except when carried on the person, or unless the firearm is within close enough proximity and control of a person who is legally allowed to possess the firearm that the person can readily retrieve and use the firearm as if carried on their person, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger lock.

B. To encourage reporting of lost or stolen firearms, 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 subsection A.

C. The requirements of this section are in addition to the requirements of Penal Code Sections 25100 and 25105.

(Ord. 1897 § 3, 2021)

A violation of this section may be subject to enforcement by criminal and/or civil administrative penalties, as provided herein.

A. Violation a Misdemeanor. Any person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in the County Jail not exceeding six months or by fine not exceeding one thousand dollars, or by both.

B. Civil Penalties. The city may assess civil penalties pursuant to this code in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the city code.

C. Each violation shall be deemed a distinct and separate offense.

(Ord. 1897 § 3, 2021)