San Marino Municipal Code Art. 09 Weapons

No person shall fire, shoot or discharge any gun, rifle, pistol or other firearm or any air gun, air rifle or air pistol or any spring gun, spring pistol or spring rifle or any carbon dioxide or other gas operated gun, rifle or pistol or any slingshot of any type or bow and arrow without having first obtained a written permit from the chief of police. (1954 Code §14.14)

A. Permit Required: No person, except a peace officer, shall wear or in any manner carry concealed upon his/her person any loaded or unloaded gun, pistol or revolver or any other dangerous or deadly weapon permitted to be carried by law without having, at the same time, actually in his/her possession and upon his/her person an unexpired permit so to do issued by the chief of police. (1954 Code §14.14-1)

B. Granting Of Permit; Contents; Terms: The chief of police shall have the power to issue to any person who, in the judgment of the chief of police, shall have such privilege, a written permit to carry concealed any of the weapons specified in subsection A of this section. Such permits shall be numbered consecutively in the order in which they are issued. No permit shall be granted for a longer period than twelve (12) months. Each such permit shall state the name, address and occupation of the person to whom the same is issued and the date of its expiration and shall specify the kind and description of weapon authorized to be carried concealed by such person. (1954 Code §14.14-2)

C. Record Of Permits; Fee: The chief of police shall keep a record of all authorized permits. No permit required by subsection A of this section shall be issued to any person until such person shall have paid the chief of police a registration fee as set by city council resolution. On Monday of each week, the chief of police shall pay the city treasurer all registration fees received during the preceding week. (Ord. 0-07-1191, 10-10-2007)

A. Definition: "Dangerous or deadly weapon" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches (3") or more in length and any snap blade or spring blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; and dangerous or deadly weapon within the meaning of the law of this state restricting the use thereof; and any cutting, stabbing or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any type of slingshot, or bow and arrow; and any firearm other than:

1. One carried pursuant to a valid permit, issued by a duly authorized governmental authority; or

2. An ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport. (1954 Code §14.14-4)

B. Possession Of Dangerous Or Deadly Weapons; Restrictions:

1. It shall be unlawful for any person, while carrying concealed upon his/her person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley or to wander about from place to place with no lawful business thereby to perform or to hide, lurk or loiter upon or about the premises of another.

2. It shall be unlawful for any person who has concealed upon his/her person or who has in his/her immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.

3. It shall be unlawful for any person who has concealed upon his/her person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.

4. It shall be unlawful for any person to have in his/her possession, in any automobile, any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business or for the purpose of legitimate sport or recreation. (1954 Code §14.15)

A. Definitions:

FIREARM: Means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time.

LOCKED CONTAINER: Means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device.

RESIDENCE: Means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancies, time-shares, and recreational 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 firearm 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 23655(d).

B. Prohibition: No person shall keep a firearm within a residence unless the firearm is:

1. Stored in a locked container or disabled with a trigger lock that has been approved by the California Department of Justice;

2. Carried on the person of the owner or other lawfully authorized user of the firearm who is over the age of eighteen (18); or

3. Within close enough proximity and control that the owner or other lawfully authorized user of the firearm who is over the age of eighteen (18) can readily retrieve and use the firearm as if carried on the person.

C. Enforcement: Violations of this Section may be enforced through any lawful means pursuant to Article 4 of Chapter 1 of the San Marino Municipal Code.

(Ord. O-20-1365, 4-8-2020)