Santa Clara County Municipal Code Ch. III Safe Storage of Firearms

Footnotes:

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Editor's note— The provisions enacted by Ord. No. NS-644, adopted Dec. 10, 2019, and codified herein, become effective Mar. 9, 2020.

(a) Firearm means any gun, pistol, revolver, rifle, or any device that is designed or modified 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 imitation firearms, BB guns, or air rifles as defined in Government Code section 53071.5 or any successor legislation.

(b) Close proximity and control, as used here, means within arm's reach of a person who is actively paying attention to the firearm such that they could gain control of the weapon before an unauthorized person could access the weapon.

(c) Locked container means a locked container as defined in Penal Code section 16850, as amended from time to time and as listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

(d) Residence means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time shares, and recreational and other vehicles where human habitation occurs, whether on a temporary or permanent basis, and whether owned, leased, rented, or used with or without compensation, and regardless of the lawful status of the structure or its occupancy. Notwithstanding the foregoing, "residence" shall not include a seasonal hunting lodge when used by an individual with a valid hunting license from the state Department of Fish and Wildlife and when no child who does not also hold a valid hunting license from the state Department of Fish and Wildlife is present. A "seasonal hunting lodge" for the purposes of the previous sentence must be lawfully used for temporary human habitation, used by a given individual less than 90 days in a calendar year, and not located in an Urban Residential, Commercial, or Industrial District as defined by the Zoning Ordinance.

(e) 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 23655(d).

(Ord. No. NS-644, § 1, 12-10-19, eff. 3-9-20)

(a) Except when carried on the person of an individual in accordance with all applicable laws or when in the close proximity and control of a person who is authorized to carry a firearm in accordance with all applicable laws, in the unincorporated area of the County no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is disabled with a trigger lock. This provision does not apply to the storage or use of a firearm outside of a residence.

(b) Each day that a firearm is improperly stored shall constitute a separate violation of this Section.

(c) The first violation of this Section shall be an infraction punishable by a fine not to exceed $500.00.

(d) All additional violations of this Section beyond the first violation shall constitute an infraction punishable by a fine not to exceed $1,000.00.

(Ord. No. NS-644, § 1, 12-10-19, eff. 3-9-20)

Nothing in this Chapter affects a person's obligations under California Penal Code § 25250 to report that a firearm has been lost or stolen to local authorities within five days of the time he or she knew or reasonably should have known that the firearm had been lost or stolen.

(Ord. No. NS-644, § 1, 12-10-19, eff. 3-9-20)