San Mateo County Municipal Code Ch. 3.52 Firearms

Firearms is defined as a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, "BB" gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.

(Prior code § 3250.0; Ord. 1047, 03/02/54)

No person shall, within the unincorporated area of the County of San Mateo, discharge or fire any Firearm, except as provided in section 3.52.030 hereof.

(Prior code § 3250.1; Ord. 1047, 03/02/54)

The provisions of section 3.52.020 as to the use of any Firearm shall not apply to any of the following cases:

(a) To Sheriffs, constables, marshals, policemen, or other peace officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;

(b) To persons using Firearms in the lawful defense of self, third persons, or the user's property;

(c) To persons discharging or firing such Firearms or causing them to be discharged or fired at a regularly established firing, shooting or target range with the consent of the owner and/or person in charge of any such firing, shooting or target range; the term "regularly established firing, shooting or target range" as used in this subsection includes properly constructed indoor and/or outdoor home ranges on private property when such range is supervised by an adult.

(d) To persons lawfully hunting pursuant to the provisions of the California Fish and Game Code.

(Prior code § 3250.2; Ord. 1047, 03/02/54)

It shall be unlawful for any person under the age of eighteen (18) years to have in his possession in a public place any Firearm, except as provided in section 3.52.050 hereof.

(Prior code § 3250.3; Ord. 1047, 03/02/54)

The provisions of section 3.52.040 hereof shall not apply to said persons under the age of eighteen (18) in the following cases:

(a) When said person is in the immediate charge of a parent, guardian, or adult person having the responsibility for the conduct of said person under the age of eighteen (18) years.

(b) When the Firearm is unloaded and either: (1) in a dismantled or "take-down" condition or (2) completely wrapped or in a carrying case made for the purpose of carrying such Firearm. A gun shall be deemed to be unloaded only when no Ammunition or propellant is in any part of the gun or magazine or clip thereof.

(c) When said person is lawfully hunting pursuant to the provisions of the California Fish and Game Code and in possession of a hunting license issued as prescribed by that code.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding the sum of Five Hundred Dollars ($500.00) or by imprisonment in the County Jail of San Mateo County, for a period not exceeding six months, or by both such fine and imprisonment.

(Prior code § 3250.4; Ord. 1047, 03/02/54)

Editor's note— Ord. No. 04847, § 2, adopted June 29, 2021, repealed §§ 3.52.060—3.52.120, which pertained to sale of certain Firearms prohibited to minors; adoption of Penal Code Sections 12070 through 12077; Sheriff duties; definitions; licenses—conditions; copies of and disposition of register sheet and derived from §§ 3250.5, 3255.0—3255.3 of the Prior Code; Ord. 1141, 11/15/55; catchline editorially created, 6/94; Ord. 1315, 08/19/58; Ord. 3735, 9/24/96; Ord. 4078, 11/06/01.

(A) All Firearms issued to county law enforcement officials shall be accompanied by a safety trigger lock.

(B) No county law enforcement official shall sell, trade, give or otherwise transfer any Firearm owned or possessed by the County of San Mateo.

(C) Notwithstanding subdivision (B) above, the County may sell any Firearm owned or possessed by the County to another law enforcement agency, provided that the Sheriff has determined the Firearm to be surplus property and the sale is otherwise permissible under applicable state and federal law.

(D) Notwithstanding subdivision (B) above, the County may sell to any active Deputy, Sergeant, Lieutenant, Captain, Assistant Sheriff, Undersheriff, and Sheriff their County owned or possessed (department issued service Firearm), provided that the Sheriff has determined the Firearm to be surplus property and the Firearm purchaser signs an agreement not to subsequently transfer the Firearm except to the County.

(Ord. 3929, 11/16/99)

(Ord. No. 04734, § 1, 3-31-2015)