San Diego Municipal Code Art. 3 Firearms — Dangerous Weapons

Explosives — Hazardous Trades (“Firearms — Dangerous Weapons — Explosives — Hazardous Trades” incorp. 1–22–1952 by O–5046 N.S.)

(a) Purpose and Intent. It is the purpose and intent of the Council of The City of San Diego that the firing of firearms and other explosives within the city limits be strictly regulated for the protection of all persons and property located in the City.

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(b) Definitions. For the purposes of this section:

(1) Firearm shall mean any weapon from which a missile, such as, but not
limited to, a bullet, ball, or shell, is hurled by an explosive.

(2) Fire shall mean to explode, discharge, or impel by using heat,
percussion or electric spark.

(3) The term explosive is defined as it is in Section 53.05 of this Article.

(c) Prohibition. No person shall fire any firearm or explode any explosive within
The City of San Diego.

(d) Exceptions. This section does not apply to firearms fired under the authority
of the United States or the State of California, nor to shooting galleries or
target ranges; nor where a permit has been issued or a firing area designated
by the City Council pursuant to Subsections (e) and (f) hereof.

(e) Permits. The City Council, by resolution, may issue written permits to fire
firearms upon such terms and under such conditions as it deems proper. The
terms and conditions imposed by the Council shall be set forth on the face of
any permit issued under this subsection.

(f) The City Council, by resolution, may designate certain areas within the City
in which it shall be lawful to fire firearms upon such terms and under such
conditions as the Council deems proper.
(Amended 10–8–1964 by O–9092 N.S.)

(a) A person is guilty of a separate punishable offense for each firing or discharge of a weapon described in Municipal Code sections 53.10 or 53.15.

(b) Minors arrested for a violation of Municipal Code sections 53.10, 53.15,
53.15.1 or 53.15.2 shall be subject to the provisions of section 602 of the
California Welfare and Institutions Code.

(c) Any parent or legal guardian, or person over the age of eighteen, is also guilty
of a misdemeanor, if:

(1) he or she possesses on any premises or within a vehicle under his or
her custody or control, any of the firearms identified in Municipal
Code sections 53.10, and

(2) he or she knows or reasonably should know that a minor is likely to
gain access to such firearm, and

(3) a minor obtains and fires or discharges such firearm in violation of
sections 53.10.

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(d) A violation of Municipal Code sections 53.10, 53.15 or 53.15.1 occurring
within 1,500 feet of a public or private day care center, school or school
grounds, is a misdemeanor, and the penalty for conviction of the same is
punishable by a fine of not more than $1,000, or by imprisonment in the
County jail for a period of not more than one year, or both. A violation of
sections 53.10, 53.15 or 53.15.1 may also be prosecuted in accordance with
Chapter 1 of the Municipal Code.
(“Penalties for Firearms and Other Weapons Offenses” added 3–17–1998 by
O-18472 N.S.)

(a) Purpose and Intent. It is the purpose and intent of this section that the storage of firearms in residences within the City of San Diego be regulated for the protection and health of the public and to prevent firearm access by a person who is not the authorized user of a firearm.

(b) Definitions. For the purposes of this section, defined terms appear in italics.
The following definitions apply in this section:

(1) Accessory structure has the same meaning as in San Diego Municipal
Code section 113.0103.

(2) Authorized user means a person who is not prohibited from owning or
possessing a firearm.

(3) Firearm has the same meaning as in San Diego Municipal Code

(4) Locked container has the same meaning as in California Penal Code section 16850.

(5) Mobilehome has the same meaning as in San Diego Municipal Code

(6) Person has the same meaning as in San Diego Municipal Code section 11.0210.

(7) Residence means any structure intended or used for human habitation
including, without limitation, houses, condominiums, apartments, and
mobilehomes.

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(8) Structure has the same meaning as in San Diego Municipal Code

(9) Trigger lock means a firearm safety device approved by the California Department of Justice Bureau of Firearms in accordance with California Penal Code section 23635.

(c) Prohibition. It is unlawful for any person to keep a firearm within any
residence, including its accessory structures, unless the firearm is stored in a
locked container or disabled with a trigger lock.

(d) Exceptions. Subsection (c) shall not apply in the following circumstances:

(1) the firearm is carried on the body of a person who is an authorized
user of the firearm, or

(2) the firearm is in the immediate control of the authorized user so that
the person can readily retrieve and use the firearm as if carried on the
person’s body.

(e) Reporting Lost or Stolen Firearms. In order to encourage reports to law
enforcement agencies of lost or stolen firearms, a person who files a report
with a law enforcement agency notifying the agency that a firearm has been
lost or stolen shall not be subject to prosecution for violation of this section
for the firearm that is reported lost or stolen.
(“Residential Safe Storage of Firearms” added 8-13-3019 by O-21099 N.S.; effective
9-12-2019.)

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Firearm Frames or Receivers and Non-Serialized Firearms

(a) Purpose and Intent. It is the purpose and intent of this section that possession,
purchase, sale, receipt, and transportation of non-serialized, unfinished frames
and unfinished receivers, and non-serialized firearms within the City of San
Diego be prohibited for the protection, health, and welfare of the public, to
further effective law enforcement, and to provide the City with reasonable
measures to address the dangers to the community posed by non-serialized
firearms, commonly known as “ghost guns.” This section is intended to be
applied and interpreted consistent with state and federal law.

(b) Definitions. For the purposes of this section, defined terms appear in italics.
The following definitions apply in this section:

(1) Federal Firearms Importer means a licensed firearm importer as
defined in 18 U.S.C. § 921(a)(9) (2019), as may be amended.

(2) Federal Firearms Manufacturer means a licensed firearm
manufacturer as defined in 18 U.S.C. § 921(a)(10) (2019), as may be
amended.

(3) Firearm has the same meaning as in California Penal Code section
16520(a), as may be amended. As used in this section, firearm shall
include a handgun, rifle, or shotgun.

(4) Frame means the primary structural component of a firearm to which
the fire control components are attached.

(5) Handgun has the same meaning as in California Penal Code section
16640, as may be amended.

(6) Non-serialized firearm means a firearm that is not either imprinted
with a serial number issued to that firearm by a Federal Firearms
Importer or Federal Firearms Manufacturer in compliance with
federal law or engraved or permanently affixed with a serial number
provided by the California Department of Justice for that firearm.

(7) Person has the same meaning as in San Diego Municipal Code

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(8) Receiver means the primary structural component of a firearm to
which the fire control components are attached.

(9) Rifle has the same meaning as in California Penal Code section 17090,
as may be amended.

(10) Shotgun has the same meaning as in California Penal Code
section 17190, as may be amended.

(11) Unfinished frame means a piece of any material that does not
constitute the completed frame of a firearm, but that has been shaped
or formed in any way for the purpose of becoming the frame of a
firearm, and which may be made into a functional frame of a firearm
through milling, drilling, or other means.

(12) Unfinished receiver means a piece of any material that does not
constitute the completed receiver of a firearm, but that has been
shaped or formed in any way for the purpose of becoming the receiver
of a firearm, and which may be made into a functional receiver of a
firearm through milling, drilling, or other means.

(c) Prohibition. It is unlawful for any person to:

(1) Possess, purchase, transport, or receive an unfinished frame or
unfinished receiver, unless the unfinished frame or unfinished receiver
is imprinted with a serial number issued to that unfinished frame or
unfinished receiver by a Federal Firearms Importer or Federal
Firearms Manufacturer, or engraved or permanently affixed with a
serial number provided by the California Department of Justice for
that unfinished frame or unfinished receiver.

(A) This subsection shall not apply to a Federal Firearms Importer
or Federal Firearms Manufacturer.

(B) This subsection shall not apply to an employee or sworn peace
officer of a local, state, or federal law enforcement agency if
the employee or sworn peace officer is acting within the scope
of official duties.

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(C) This subsection shall not apply to a common carrier licensed or regulated under state or federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

(2) Sell, offer to sell, transfer, or offer to transfer an unfinished frame or
unfinished receiver, unless the unfinished frame or unfinished receiver
is imprinted with a serial number issued to that unfinished frame or
unfinished receiver by a Federal Firearms Importer or Federal
Firearms Manufacturer, or engraved or permanently affixed with a
serial number provided by the California Department of Justice for
that unfinished frame or unfinished receiver.

(3) Possess, purchase, transport, or receive a non-serialized firearm.

(A) This subsection shall not apply to an employee or sworn peace
officer of a local, state, or federal law enforcement agency if
the employee or sworn peace officer is acting within the scope
of official duties.

(B) This subsection shall not apply to a common carrier licensed or
regulated under state or federal law or an authorized agent of a
common carrier when acting in the course and scope of duties
incident to the receipt, processing, transportation, or delivery
of property.

(C) This subsection shall not apply to a non-serialized firearm if
any of the following conditions apply:

(i) The non-serialized firearm has been rendered
permanently inoperable.

(ii) The non-serialized firearm is an antique firearm as
defined in California Penal Code section 16170, as may
be amended.

(iii) The non-serialized firearm was manufactured or
assembled prior to 1968.

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(iv) The non-serialized firearm has been determined to be a collector’s item pursuant to 26 U.S.C. Ch. 53, including § 5845 (2019), as may be amended, or a curio or relic pursuant to 18 U.S.C. Ch. 44, including § 921(a) (2019), as may be amended, and 27 C. F. R. § 478.11 (2019), as may be amended.

(v) The non-serialized firearm has been entered into the
centralized registry set forth in California Penal Code
section 11106, as may be amended, prior to July 1,
2018, as being owned by a specific individual or entity
if that firearm has assigned to it a distinguishing
number or mark of identification.

(D) It shall be an affirmative defense to a violation of this
subsection that the person is in compliance with California
Penal Code section 29180, as may be amended.

(4) Sell, offer to sell, transfer, or offer to transfer a non-serialized firearm.
This subsection shall not apply to a non-serialized firearm if any of the
following conditions apply:

(A) The non-serialized firearm has been rendered permanently
inoperable.

(B) The non-serialized firearm is an antique firearm as defined in
California Penal Code section 16170, as may be amended.

(C) The non-serialized firearm was manufactured or assembled
prior to 1968.

(D) The non-serialized firearm has been determined to be a
collector’s item pursuant to 26 U.S.C. Ch. 53, including § 5845
(2019), as may be amended, or a curio or relic pursuant to 18
U.S.C. Ch. 44, including § 921(a) (2019), as may be amended,
and 27 C. F. R. § 478.11 (2019), as may be amended.

(“Prohibition of Possession or Sale of Non-Serialized, Unfinished Firearm Frames
or Receivers and Non-Serialized Firearms” added 9-23-2021 by O-21367 N.S.;
effective 10-23-2021.)

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No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly any metal stake, club, or pipe, or any length of lumber, wood, or lath, unless that wooden object is 1/4” or less in thickness, and 2” or less in width. If not generally rectangular in shape, such wooden object shall not exceed 1/2” in its thickest dimension. (“Dangerous Weapons Used During Picketing, Demonstrations And Strikes” added 1–2–1979 by O–12537 N.S.)

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(a) The term “assault weapon,” as used in this Section, shall include:

(1) Any semiautomatic action, center fire rifle or carbine which accepts a
detachable magazine with a capacity of twenty (20) rounds or more,
with a barrel of more than sixteen (16) inches, including but not
limited to the following firearms or their copies: AR 15 semiautomatic
assault rifles, Uzi semiautomatic assault rifles or carbines, Ingram
Mac–10 semiautomatic assault carbines, Ingram Mac–11
semiautomatic assault carbines, Heckler and Koch 93 semiautomatic
assault rifles, Heckler and Koch 91 semiautomatic assault rifles, AK–
47 semiautomatic assault rifles, AKM–47 semiautomatic assault rifles,
all Avtomat Kalashnikov weapons, M1–A semiautomatic assault
rifles, M–14 semiautomatic assault rifles, Thompson semiautomatic
carbines and any other semiautomatic carbines manufactured by Auto
Ordnance;

(2) Any shotgun with a barrel of more than eighteen (18) inches and a
folding stock or magazine capacity of more than six (6) rounds;

(3) Any weapon which may be readily restored to an operable assault
weapon, as defined in paragraphs 1 and 2 above; and

(4) Any part, or combination of parts, designed or intended to convert a
weapon into an assault weapon, as defined above in paragraphs 1 and
2, or any combination of parts from which an assault weapon may be
readily assembled, if those parts are in the possession or under the
control of the same person.

(b) As used in this Section, the term “semiautomatic” means a weapon which
fires a single projectile for each single pull of the trigger and which employs a
magazine.

(c) The term “assault weapon” does not include any of the following:

(1) Any of the above generally and specifically described weapons which
is a “machine gun” as that term is defined by Section 12200 of the
Penal Code of the State of California; any pistol, revolver or other
firearm which is capable of being concealed upon one’s person, as
defined and regulated by the provisions of Sections 12021 and 12025
of the Penal Code of the State of California;

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(2) Any of the following: weapons which do not use fixed ammunition,
weapons which were manufactured prior to 1898, manually operated
bolt action weapons, lever action weapons, slide action weapons,
single–shot weapons. multiple–barrel weapons, revolving cylinder
weapons, semiautomatic weapons which use exclusively Mannlicher–
style clips, semiautomatic weapons manufactured prior to 1954, rim–
fire weapons that employ a tubular magazine;

(3) Any assault weapon which is an antique or relic firearm or other
weapon falling within the specifications of paragraphs (5) (7) and (8)
of Subsection (b) of Section 12020 of the Penal Code of the State of
California;

(4) Any short–barreled rifle or shotgun as defined in Subsection (c) of
Penal Code Section 12020; or

(5) Any assault weapon which has been modified either to render it
permanently inoperable or to permanently make it a device no longer
defined as an assault weapon.

(d) A sheriff, undersheriff, deputy sheriff, marshal, deputy marshal, or police
officer, as defined in subdivision (a) of Section 830.1, a member of the
University of California Police Department, as defined in subdivision (d) of
Section 830.2, and a member of a California State University Police
Department, as defined in subdivision (e) of Section 830.2, during the
performance of his or her duties within the City of San Diego may take
temporary custody of any assault weapon in plain sight or discovered pursuant
to a consensual search as necessary for the protection of the peace officer or
other persons of the City of San Diego.

(e) The provisions of subsection (d) shall not apply to assault weapons in the
possession of any person specifically authorized to possess concealed or
loaded firearms within the City limits of San Diego pursuant to the Dangerous
Weapons’ Control Law, California Penal Code Section 1200 et seq.

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(f) Upon taking custody of an assault weapon, the officer shall give the owner or
person who possessed the assault weapon a receipt. The receipt shall describe
the assault weapon and list any identification or serial number on the assault
weapon. The receipt shall indicate where the firearm can be recovered and the
date after which the owner or possessor can recover the assault weapon. No
assault weapon shall be held less than forty–eight (48) hours. If an assault
weapon is not retained for use as evidence related to criminal charges or is not
retained because it was illegally possessed, the assault weapon shall be made
available to the owner or person who was in lawful possession forty–eight
(48) hours after the seizure or as soon thereafter as possible, but no later than
seventy–two (72) hours after the seizure.

(g) Any assault weapon which has been taken into custody which has been stolen
shall be restored to the lawful owner, as soon as its use for evidence has been
served, upon his or her identification of the firearm and proof of ownership.

(h) Any assault weapon taken into custody and held by a police, university police,
or sheriff’s department or by a marshal’s office, for longer than twelve (12)
months and not recovered by the owner or person who has lawful possession
at the time it was taken into custody, shall be considered a nuisance and sold
or destroyed as provided in subdivision (c) of Section 12028.
(“Assault Weapons, Nuisance, Temporary Custody” added 2–27–1989 by
O-17255 N.S.)

(a) Purpose and Intent. It is the purpose and intent of this section that the City of San Diego develop procurement practices for firearm and ammunition purchases to reduce gun violence and protect public health and safety.

(b) Applicability. This section applies to any contract solicited, entered into,
awarded, amended, renewed, or extended, after the effective date of this
section. Contractors shall comply with this section during the solicitation
process and term of the contract.

(c) Definitions – For purposes of this section, defined terms appear in italics. The
following definitions apply in this section.

Contractor has the same meaning as in San Diego Municipal Code
section 22.0802.

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Firearm trafficker is any person who violates, or is convicted of violating,
18 U.S.C. § 933.

Non-serialized firearm has the same meaning as in San Diego Municipal
Code section 53.18(b).

Non serialized unfinished firearm frame has the same meaning as in
San Diego Municipal Code section 53.18(b).

Non-serialized unfinished firearm receiver has the same meaning as in
San Diego Municipal Code section 53.18(b).

Straw purchaser is any person who knowingly purchases or conspires to
purchase firearms for purposes prohibited under 18 U.S.C. § 932(b).

(d) General Requirements

(1) At all times during the solicitation process and term of the contract,
and any extensions thereto, contractors shall be in compliance with all
applicable state and federal laws, and, if required by state or federal
law, shall have a valid federal firearms license, a valid State Board of
Equalization seller’s permit, and a Certificate of Eligibility under
California Penal Code section 26710, as may be amended.

(2) Contractors shall comply with all of the following requirements:

(A) provide proof of all required valid licenses, permits, and
certificates;

(B) provide materials documenting the number of the Bureau of Alcohol, Tobacco, Firearms, and Explosives trace requests received by the contractor for each year within the past five years, and the time between the sale of the firearm subject to the trace request and the crime that generated the trace request when known;

(C) provide materials documenting any thefts from the
contractor’s premises of the two most recent inspection reports
of any firearm inspection conducted by federal, state, or local
agencies;

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(D) provide a true copy of the two most recent inspection reports of
any firearm inspection conducted by federal, state, or local
agencies; and

(E) disclose any violations from any type of inspection conducted
by federal, state, or local agencies within the last five years,
and provide any materials documenting contractor’s corrective
actions in response to a finding of noncompliance or violation
of federal, state, or local firearms laws or regulations.

(3) Contractors must explain in writing any practices or policies it has
adopted, or will adopt, including its implementation process to:

(A) prevent, detect, and screen for the transfer of firearms to straw
purchasers or firearm traffickers;

(B) prevent sales to individuals prohibited by federal, state, or local
law, or court order;

(C) protect against the theft of firearms and ammunition;

(D) train contractor employees to ensure compliance with all
applicable federal, state, and local laws and regulations;

(E) assist law enforcement agencies in the investigation and
prevention of criminal access to firearms; and

(F) operate a digital video surveillance system as prescribed in
California Penal section 26806, as may be amended, or a
similar system, if applicable state or local law requires such a
system, for contractors outside of California.

(4) Contractors that sell gun build kits, including the non-serialized unfinished firearm frames or receivers and non-serialized firearms, must show proof they are in compliance with San Diego Municipal Code section 53.18, and any federal, state, or local laws related to firearm precursor parts.

(e) The Purchasing Agent shall develop a process to implement this section,
including a process to assess a contractor’s compliance with the requirements
of this section.

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(f) The City Manager may, in their discretion waive the requirements of this
section under the following circumstances:

(1) the federal, state, or local violation is minor, administrative, or
similarly de minimis; or

(2) to make an emergency purchase.

(“Procurement of Firearms and Ammunition” added 7-2-2024 by O-21826 N.S.;
effective 8-1-2024.)

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