Sonoma Municipal Code Ch. 9.93 Safe and Secure Firearm Storage

It is the purpose and intent of this chapter to provide clear and definable storage procedures to promote safety and security relating to firearms possessed inside a residence when the firearms are not in the immediate control of the lawful owner. (Ord. 07-2023 § 1, 2023).

For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section:

“Firearm” means a firearm as defined in Penal Code Section 16520, as may be amended from time to time.

“Locked container” means a locked container as defined in Penal Code Section 16850, as may be amended from time to time, and which is listed on the California Department of Justice Bureau of Firearms’ roster of approved firearm safety devices.

“Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), mobile homes, and recreational and other vehicles where human habitation occurs.

“Trigger lock” means a trigger lock that is listed on the California Department of Justice Bureau of Firearms’ 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 23635, as may be amended from time to time. (Ord. 07-2023 § 1, 2023).

No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. (Ord. 07-2023 § 1, 2023).

A. The requirements of SMC 9.93.030 do not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

B. This chapter does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of a peace officer (as defined in Penal Code Section 830 et seq., as may be amended).

C. It is not the intention of this chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law. (Ord. 07-2023 § 1, 2023).

Every violation of this chapter shall:

A. Constitute a misdemeanor, unless the prosecuting authority determines that the interest of justice requires the violation to be prosecuted as an infraction, either of which is punishable in accordance with SMC 1.12.010;

B. Constitute a public nuisance;

C. Constitute a violation of the Sonoma Municipal Code within the meaning of Chapters 1.12, 1.28 and 1.30 SMC; and

D. Be enforceable by the city using any other enforcement remedies under law and this code.

Each and every day that a violation of this chapter exists constitutes a separate offense. (Ord. 07-2023 § 1, 2023).