Chapter 10.32

WEAPONS*

Part 2

Parts:

PROHIBITION

Sections:

10.30.210 Exemptions.

• 10.30.220 Response costs.

10.30.250 Remedies.

No person shall allow, permit, organize or participate in an underage gathering, nor shall any property be the location of an underage gathering. (Ord. 29088.)

• 1 Discharging Firearms 2 Weapons and Minors 3 Reserved

• 4 Projectile Weapons

• 5 Safe Storage of Firearms in a Residence 6 Reduction of Gun Harm - Liability Insurance Requirement and Gun Harm Reduction Fee

• 7 Privately Manufactured Firearms, Unfinished Frames and Receivers

Part 1

DISCHARGING FIREARMS†

Sections:

This chapter shall not apply to:

• A. Activities protected by Article 1, Section 4, of the California Constitution; the California Alcoholic Beverage Control Act; or the First or Fourteenth Amendments to the United States Constitution.

• B. Any property owned or leased by other governmental agencies and used for governmental purposes.

• (Ord. 29088.)

In addition to all other civil and administrative remedies, an underage gathering is deemed to

• A. No person shall fire or discharge, or cause to be fired or discharged within the limits of the city any cannon, anvil, gun, pistol or other firearm, except as hereinafter provided.

*State law reference— For statutory provisions on the control of deadly weapons, see Penal Code § 1200 et seq. For statutory provisions on concealed weapons, see Penal Code §§ 12000 et seq.

†State law reference— For statutory provisions on the discharge of firearms, see Penal Code § 246.

T10:25

2025-Supplement 2

SAN JOSÉ CODE

§ 10.32.010

• B. The foregoing provisions as to the use of firearms shall not apply to:

  1. Peace officers or soldiers in the discharge of their official duties and while in the exercise of reasonable care;

  2. City employees or contract biologists who have been trained to use and discharge firearms as necessary to implement an airport wildlife hazard management program within the perimeter of the Norman Y. Mineta San José International Airport;

  3. A person using firearms in necessary selfdefense;

  4. Persons conducting a shooting gallery who have first procured a license therefor in accordance with the license ordinance of the city; and

  5. Shooting clubs where such shooting clubs are conducted within a fixed place within the city and in such a manner that there is no danger to any person whatsoever, provided such shooting club first secured permission from the city manager to conduct the same.

• C. The prohibition against the discharge of firearms within city limits shall not apply to a person conducting wild pig depredation in compliance with all of the following requirements:

  1. Non-lethal or less-lethal measures were taken to prevent property damage caused by one or more wild pigs prior to requesting the issuance of a wild pig depredation permit from the California Department of Fish and Wildlife, or the department of fish and wildlife has determined that non-lethal or less lethal measures were not feasible;

  2. Possession of and compliance with the requirements of a wild pig depredation permit duly issued and approved by the California Department of Fish and Wildlife pursuant to California Fish and Game Code Section 4181 et seq., and Section 401 of Title 14 of the California Code of Regulations, as may be amended;

3. Notice of the intent to discharge a firearm, and the location within the city limits is provided to the San José Police Department at one hour before discharge of the firearm; and

4. The discharge of the firearm in connection with the depredation of a wild pig occurs while the wild pig is contained in a trap.

(Prior code § 4258a; Ords. 29183, 29336, 29377, 29532.)

Part 2

WEAPONS AND MINORS*

Sections:

Editor’s note— Ord. 31151, § 2, adopted Jan. 14, 2025, repealed § 10.32.020, which pertained to restrictions on weapons for persons under the age of eighteen years and derived from prior code § 4258.

Part 3

RESERVED†

*State law reference— For statutory provisions on weapons and minors, see Penal Code §§ 12021.5 and 21550 - 12552.

†Editor’s note— Ord. 30617, adopted June 29, 2021, repealed Part 3 of Ch. 10.32, which pertained to concealable firearms dealers and derived from Ord. 19500.

T10:26

2025-Supplement 2

PUBLIC PEACE, MORALS AND WELFARE

§ 10.32.160

Part 4

PROJECTILE WEAPONS

Part 5

SAFE STORAGE OF FIREARMS IN A RESIDENCE

Sections:

Sections:

• A. No person shall, within the limits of the City of San José, make use of any slingshot, crossbow or similar device, or discharge or propel any dart, pellet, BB, rock, bolt, arrow or any other projectile from any air rifle, air pistol, BB gun, pellet gun, slingshot, rubber sling, crossbow or other instrument or device by means of which missiles of any kind or description are hurled, shot or projected.

• B. The prohibition in subsection A. shall not apply to the use of bows and crossbows at archery and crossbow ranges within the city. Bows and crossbows shall be used at ranges in a manner that will not endanger the public health, safety and general welfare.

• (Ords. 19800, 24227.)

No person shall possess, sell, or offer for sale any device which is designed:

• A. To propel any flechette or dart by means of compressed gas; and

• B. To include in its operation the following:

  1. Mechanical energy from an external source is supplied to the device;

  2. The device compresses gas; and

  3. The compressed gas propels the flechette or dart.

• (Ords. 22166, 22167.)

As used in this Part, the following terms have the following meaning:

• A. "Firearm" means a 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.

• B. "Locked Container" means a locked container as defined in California Penal Code Section 16850, as amended from time to time.

• C. "Residence" means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms within a Residence, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.

• D. "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 California Penal Code Section 23635, as may be amended from time to time.

• (Ord. 30015.)

T10:27

SAN JOSÉ CODE

§ 10.32.170

• A. A person who owns or possesses a Firearm and keeps it in his or her Residence shall store the Firearm in a Locked Container or disable the Firearm with a Trigger Lock upon leaving the Residence.

• B. A person who owns or possesses a Firearm who reports to the San José Police Department that a Firearm was stolen or lost within 24 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost shall not be prosecuted for violation of subsection A.

• C. Subsection B shall remain in effect for one calendar year from the date the Ordinance adding this Part 5 of Chapter 10.32 of Title 10 of the San José Municipal Code takes effect.

• (Ord. 30015.)

Part 6

REDUCTION OF GUN HARM - LIABILITY INSURANCE REQUIREMENT AND GUN HARM REDUCTION FEE

Sections:

• 10.32.215 Annual gun harm reduction fee.

• 10.32.220 Expenditure of gun harm reduction fee.

• 10.32.225 Exceptions.

• 10.32.230 Compliance.

• 10.32.235 Authority of the city manager.

• 10.32.240 Enforcement.

• A. This Part is passed and adopted in the exercise of the police power of the City, and for the

protection of the welfare, peace and comfort of the residents of the City of San José. Specifically, it is the intent of this Ordinance to reduce gun harm.

• B. Findings:

  1. Firearm injuries have a significant adverse public health and safety impact nationally, in the State of California, and locally; and

  2. Each year more than twenty-three thousand (23,000) United States residents die by firearm suicide, fourteen thousand (14,000) die by firearm homicide, and nearly five hundred (500) die from unintentional firearm injuries; and

  3. In California, between 2005 and 2015, nearly four thousand (4,000) children and teenagers were killed or injured with firearms, and five hundred thirty-three (533) children and teenagers committed suicide with firearms, according to data from the Center for Disease Control and Prevention; and

  4. During 2010-2014 in Santa Clara County, thirty-one percent (31%) of emergency department visits and sixteen percent (16%) of hospitalizations from firearms injuries were due to unintentional shootings; and

  5. A 2014 review in the Annals of Internal Medicine suggests that access to firearms within the home doubles the risk that family members will become a victim of homicide, and triples the risk of suicide; and

  6. A study in the New England Journal of Medicine in 2020 found that handgun ownership is associated with eight (8) times greater likelihood for firearm suicide among men, and thirty-five (35) times greater likelihood of firearm suicide among women; and

  7. Based upon a November 2021 analysis by Dr. Ted Miller, Ph.D. and the Pacific for Institute Research and Evaluation

T10:28

PUBLIC PEACE, MORALS AND WELFARE

§ 10.32.215

(PIRE), on average, 206 people suffer death or serious injury from gunshots each year in the City of San José; and

8. Conservatively, San José taxpayers annually spend approximately $39.7 million, or approximately $151 per firearm-owning household, to respond to gun violence with such public services as emergency police and medical response, victim assistance, incident investigation, acute and long-term health care, and perpetrator adjudication and judicial sanctioning; and

9. Including private costs to individuals and families in the calculation, San José residents incur an annual financial burden of $442 million per year for gun deaths and injuries; and

10. Injuries from unintentional shootings, which are generally insurable, comprise more than a third of all gun-related injuries nationally; and

11. Auto insurers have used risk-adjusted premiums to reward good driving and incentivize use of airbags and other safety features, and by using a comprehensive public health approach to car safety the United States reduced per-mile auto fatalities by nearly eighty percent (80%) from 1967 to 2017; and

12. Liability insurance can reduce the number of gun incidents by encouraging safer behavior and it can also provide coverage for losses and damages related to gun incidents; and

13. Programs and services to gun owners and their households can also encourage safer behavior, and provide education and resources to those residents.

• (Ord. 30716.)

As used in this Part, the following terms have the following meaning:

• A. "Firearm" means a 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. Firearm does not include antique firearms as defined by 18 U.S.C. Section 921(a).

• B. "Designated Nonprofit Organization" means an entity that qualifies as a nonprofit corporation under the federal internal revenue code and is designated pursuant to the City Manager's authority under Section 10.32.235. No City official or employee shall sit on the board of directors of the Designated Nonprofit Organization.

• (Ord. 30716.)

• A. Insurance required. A person who resides in the City and owns or possesses a Firearm in the City shall obtain and continuously maintain in full force and effect a homeowner's, renter's or gun liability insurance policy from an admitted insurer or insurer as defined by the California Insurance Code, specifically covering losses or damages resulting from any accidental use of the Firearm, including but not limited to death, injury or property damage.

• B. For purposes of this Section, a person shall be deemed to be the owner of a Firearm if such Firearm is lost or stolen until such loss or theft is reported to the police department or sheriff which has jurisdiction in which such Firearm owner resides.

• C. Any person who owns a Firearm on the effective date of this Section shall obtain the insurance required by this Section within thirty (30) days of the effective date of this Ordinance, or by a later date certain established in the regulations promulgated by City Manager pursuant to Section 10.32.235.

• (Ord. 30716.)

A person who resides in the City and owns or possesses a Firearm in the City shall pay an Annual

T10:29

SAN JOSÉ CODE

§ 10.32.215

Gun Harm Reduction Fee to the Designated Nonprofit Organization each year. The date by which payment shall be made annually shall be established in the regulations promulgated by City Manager pursuant to Section 10.32.235. The annual fee will be set forth in the schedule of fees and charges established by resolution of the City Council. (Ord. 30716.)

• A. All monies from the Gun Harm Reduction Fee shall be expended by the Designated Nonprofit Organization on providing services to residents of the City that own or possess a Firearm in the City, to members of their household, or to those with whom they have a close familial or intimate relationship. Such expenditures may include, but are not necessarily limited to the following:

  1. Suicide prevention services or programs;

  2. Violence reduction or gender based violence services or programs;

  3. Addiction intervention and substance abuse treatment;

  4. Mental health services related to gun violence; or

  5. Firearms safety education or training.

• B. No portion of the monies from the Gun Harm Reduction Fee shall be used for litigation, political advocacy, or lobbying activities.

• C. The Designated Nonprofit Organization shall spend every dollar generated from the Gun Harm Reduction Fee, minus administrative expenses, exclusively for programs and initiatives designed to (a) reduce the risk or likelihood of harm from the use of firearms in the City of San José, and (b) mitigate the risk of physical harm or financial, civil, or criminal liability that a San José firearm owner or her family will incur through her possession of firearms. Otherwise, the City shall not specifically direct how the monies from the Gun Harm Reduction Fee are expended.

• D. The designated non-profit shall provide a biannual report to an appropriate council com-

mittee and the report may also be provided to the City Council, as directed by the council committee.

• (Ord. 30716.)

The provisions of this Part shall not apply to any of the following:

• A. Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code (§ 830 et seq.), including sworn peace officers, active reserve peace officers and retired peace officers.

• B. Those persons who have a license to carry a concealed weapon issued pursuant to California Penal Code § 26150 or § 26155, for as long as these statutes are legally enforceable.

• C. Those persons for which compliance with this Part would create a financial hardship.

• (Ord. 30716.)

• A. Insurance requirement. Each person required to obtain and maintain insurance under Section 10.32.210 shall demonstrate compliance with the insurance requirement by completing and executing a City-designated attestation form. Each such person shall state both the name of the insurance company issuing the policy and the number of the insurance policy on the attestation form, sign the form under penalty of perjury and keep the attestation form with the Firearms where they are being stored or transported. Each person shall complete and sign a new attestation form under penalty of perjury in the event any of the information on the form changes. Each person shall present the form when lawfully requested to do so by a peace officer who knows or has reason to believe that a person possesses a firearm.

• B. Fee provisions. Each person shall affix proof of payment of the annual Gun Harm Reduc-

T10:30

PUBLIC PEACE, MORALS AND WELFARE

§ 10.32.250

tion Fee to the attestation form and keep it with the Firearm or Firearms where they are being stored or transported.

(Ord. 30716.)

• A. The City Manager is authorized to promulgate all regulations necessary to implement the requirements and fulfill the policies of this Part relating to the reduction of gun harm, including, but not limited, to the following subjects:

  1. Processes and procedures related to the implementation of the liability insurance requirement, and forms necessary thereto.

  2. Designation of the nonprofit organization that will receive the Gun Harm Reduction Fee, any processes and procedures related to the payment of the fee, and any additional guidelines or auditing of the use of the monies from the fee.

  3. Designation of any third-party agency and/or organization that will aid in the implementation of the noticing of the requirements of this Part or any other administrative tasks related to the requirements of this Part.

  4. The criteria by which a person can claim a financial hardship exemption from this Part pursuant to Section 10.32.225 C.

• B. Regulations shall be published on the City's website.

• C. Regulations promulgated by the City Manager shall have the same force and effect of law. Unless a later date is specified in a regulation, a regulation shall become effective upon date of publication.

• (Ord. 30716.)

• A. Any violation of this Part shall be punishable by an administrative citation in accordance with the procedures set forth in Chapter 1.15 of Title 1 of this Code relating to the issuance

of administrative citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing.

• B. The amounts of the fines for violations imposed pursuant to this Part shall be set forth in the schedule of fines established by resolution of the City Council.

• C. A violation of this Part is also enforceable through all other civil and administrative remedies available to the City.

• (Ord. 30716.)

To the extent allowed by law, the Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.

(Ord. 30716.)

The City Manager is hereby authorized to charge and collect any and all cost recovery fees associated with fulfilling the policies of this Part relating to the reduction of gun harm, including any associated third-party costs. All fees shall be as set forth in the schedule of fees and charges established by resolution of the City Council. (Ord. 30716.)

Part 7

PRIVATELY MANUFACTURED FIREARMS, UNFINISHED FRAMES AND RECEIVERS

Sections:

• 10.32.280 Prohibitions on unfinished receivers and frames.

• 10.32.290 Prohibition on privately manufactured firearms.

• 10.32.300 Prohibition on manufacturing non-serialized firearms.

T10:31

SAN JOSÉ CODE

§ 10.32.260

The purpose of this law is to protect public safety, reduce gun violence, and make the City safer from Privately Manufactured Firearms, and their precursor parts or kits. (Ord. 30769.)

The following definitions shall apply only for the purposes of this Chapter.

"Antique Firearm" has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).

"Assemble" means to fit together component parts.

"Federal Firearms Importer or Manufacturer" means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.

"Manufacture" means fabricate, make, form, produce, or construct by manual labor or machinery.

"Manufacture a firearm" means to fabricate or construct a firearm, or to fit together the component parts of a firearm to construct a firearm.

"Privately Manufactured Firearm" means any finished firearm that is assembled from (1) unfinished frames or receivers or (2) printed from a 3-dimensional ("3-D") printer.

"Precursor Parts Vendor" means a person or entity holding a precursor parts vendor license issued under California Penal Code Sections 30400 et seq.

"Unfinished Frame or Receiver" means a piece of any material that does not constitute the finished frame or receiver of a firearm, rifle, or shotgun but that has been shaped or formed in any way to become the frame or receiver of a firearm, rifle, or shotgun, and

• (1) which may readily be made into a functional frame or receiver through milling, drilling, or other means; or

• (2) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled or converted.

• (Ord. 30769.)

Prohibition. It shall be unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, receive, or Manufacture an Unfinished Frame or Receiver, unless either (1) the person possessing, transporting, or receiving the Unfinished Frame or Receiver is a Federal Firearms Importer or Manufacturer, or (2) the Unfinished Frame or Receiver is either required by federal law to be and has been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer, or has been engraved or permanently affixed with a serial number provided by the California Department of Justice.

Exemptions. The foregoing prohibition shall not apply to or affect any of the following:

• (1) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or

• (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Sections 28450, et seq.; or

• (3) A person whose licensed premises are outside the City and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued under that Chapter; or

• (4) A common carrier licensed under state law, or a motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to United States Code Title 49, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or

• (5) Possession, purchase, transport, or receipt of an Unfinished Frame or Receiver by a Precursor Parts Vendor; or

T10:32

PUBLIC PEACE, MORALS AND WELFARE

§ 10.32.290

• (6) Sale or transfer of an Unfinished Frame or Receiver processed through a Precursor Parts Vendor pursuant to Penal Code Section 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the California Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections; or

• (7) Possession of an Unfinished Frame or Receiver by the person who obtained it through a transaction processed by a Precursor Parts Vendor in compliance with subsection 6 above.

(Ord. 30769.)

Prohibition. It shall be unlawful for any person to possess, sell, offer to sell, transfer, purchase, transport, receive, or Manufacture a Privately Manufactured Firearm that does not conform to state and federal law, unless either (1) the person possessing, transporting, or receiving the Unfinished Frame or Receiver is a Federal Firearms Importer or Manufacturer, or (2) the Unfinished Frame or Receiver is either required by federal law to be and has been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer, or has been engraved or permanently affixed with a serial number provided by the California Department of Justice.

Exemptions. The foregoing prohibition shall not apply to or affect any of the following:

• (1) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or

• (2) A person who is on the centralized list of exempted federal firearms licensees maintained by the California Department of Justice pursuant to California Penal Code Sections 28450, et seq.; or

• (3) A person whose licensed premises are outside the City and who is licensed as a dealer or collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued under that Chapter; or

• (4) A common carrier licensed under state law, or a motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to United States Code Title 49, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property; or

• (5) Possession, purchase, transport, or receipt of an Unfinished Frame or Receiver by a Precursor Parts Vendor; or

• (6) Sale or transfer of an Unfinished Frame or Receiver processed through a Precursor Parts Vendor pursuant to Penal Code Section 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the California Department of Justice is provided sufficient information to identify the purchaser or transferee pursuant to those Penal Code sections ; or

• (7) Possession of an Unfinished Frame or Receiver by the person who obtained it

T10:33

SAN JOSÉ CODE

§ 10.32.290

through a transaction processed by a Precursor Parts Vendor in compliance with subsection 6 above.

(Ord. 30769.)

Prohibition. It shall be unlawful for any person to Manufacture, cause to be Manufactured, Assemble, or cause to be Assembled, a firearm that has not been imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice.

Exemptions. The foregoing prohibition shall not apply to or affect any of the following:

• (1) A firearm that has been rendered permanently inoperable; or

• (2) An Antique Firearm; or

• (3) A firearm that has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44; or

• (4) An employee or sworn peace officer of a local, state, or federal law enforcement agency, if the individual is acting in connection with official duties; or

• (5) The Manufacture or Assembly of a firearm with a frame or receiver processed through a Precursor Parts Vendor pursuant to Penal Code Sections 30400, et seq., provided that the Precursor Parts Vendor ensures that prior to the purchaser or transferee taking possession of the Unfinished Frame or Receiver, the purchaser or transferee obtains a serial number from the California Department of Justice pursuant to California Penal Code Section Sections 29180 and 29182, the serial number is permanently affixed to the Unfinished Frame or Receiver, and the Department of Justice is provided sufficient

information to identify the purchaser or transferee pursuant to those Penal Code sections.

• (Ord. 30769.)