TITLE III—PUBLIC SAFETY

CHAPTER 6—SAFE FIREARM STORAGE

Sec. 3860 Definitions.

As used in this Chapter, the following terms shall have the following meanings:

A.    "Firearm" means a device, designed 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.

B.    "Locked Container" means a Locked Container as defined in California Penal Code Section 16850, as amended from time to time.

C.    "Residence" means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms within a Residence, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.

D.    "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 California Penal Code Section 23635, as may be amended from time to time. (Ord. 1510, eff. 12/7/2018; Ord. 1516, eff. 8/16/2019. Formerly 3850)

Sec. 3861 Prohibition.

No person shall keep a Firearm within his or her Residence unless the Firearm is stored in a Locked Container or disabled with a Trigger Lock. (Ord. 1510, eff. 12/7/2018; Ord. 1516, eff. 8/16/2019. Formerly 3851)

Sec. 3862 Exceptions.

This Chapter shall not apply in the following circumstances:

A.    The Firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the Firearm as if carried on the person.

B.    The Firearm is under the control of a person who is a peace officer under Penal Code Section 830 et seq. (Ord. 1510, eff. 12/7/2018; Ord. 1516, eff. 8/16/2019. Formerly 3852)

Sec. 3863 Lost or Stolen Firearms.

In order to encourage reports to law enforcement agencies of lost or stolen Firearms, a person who files a report with the Arcata Police Department pursuant to Penal Code Section 25250 notifying the Police Department that a Firearm has been lost or stolen shall not be subject to prosecution for violation of this Chapter. (Ord. 1510, eff. 12/7/2018; Ord. 1516, eff. 8/16/2019. Formerly 3853)