West Hollywood Municipal Code Ch. 9 27B. Firearm Liability Insurance

This chapter 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 West Hollywood. Specifically, it is the intent of this chapter to reduce gun harm.

(Ord. 25-11, 6/9/2025)

a. 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. For the purposes of this chapter, "firearm means a device, designed to be used as a weapon, from which a projectile is expelled through a barrel by force of any form of combustion. "Firearm" does not include antique firearms as defined by 18 U.S.C. Section 921(a).

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 Los Angeles County Sheriff's Department, as required under Municipal Code Chapter 9.27.

c. Any person who owns a firearm on the effective date of this section shall obtain the insurance required by the effective date of this chapter (as set forth in Section 9.27B.060.D), or by a later date certain established in the regulations promulgated by City Manager pursuant to Section 9.27B.050.

(Ord. 25-11, 6/9/2025)

The provisions of this chapter 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, Section 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 Section 26150 or Section 26155, for as long as these statutes are legally enforceable.

c. Those persons for which compliance with this chapter would create a financial hardship. The criteria by which a person can claim a financial hardship exemption from this chapter shall be established in the regulations promulgated by City Manager pursuant to Section 9.27B.050.

(Ord. 25-11, 6/9/2025)

Each person required to obtain and maintain insurance under Section 9.27B.020 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.

(Ord. 25-11, 6/9/2025)

a. The City Manager is authorized to promulgate all regulations necessary to implement the requirements and fulfill the policies of this chapter 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 any third-party agency and/or organization that will aid in the implementation of the noticing of the requirements of this chapter, or any other administrative tasks related to the requirements of this chapter.

3. The criteria by which a person can claim a financial hardship exemption from this chapter pursuant to Section 9.27B.030(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. 25-11, 6/9/2025)

a. Any violation of this chapter shall be punishable by an administrative citation in accordance with the procedures set forth in Chapter 1.08 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 chapter shall be set forth in the schedule of fines established by resolution of the City Council.

c. A violation of this chapter is also enforceable through all other civil and administrative remedies available to the city.

d. The provisions of this chapter shall not become operative until six months after the ordinance codified in this chapter has been adopted.

(Adopted 6-09-2025)

(Ord. 25-11, 6/9/2025)