Chapter 9.24
WEAPONS*
Sections:
9.24.020 Discharge of firearms prohibited.
9.24.030 Discharge of firearms prohibited—Exceptions.
9.24.040 Firearms prohibited at public gatherings.
9.24.050 Firearms prohibited at public gatherings—Exceptions.
9.24.060 Firearms prohibited at public gatherings—Permit conditions.
9.24.080 Undertaking for the general welfare.
*Prior legislation: Ord. 450.
9.24.010 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the following words, terms and phrases have the following meanings:
“Demonstration” shall mean a group of persons advocating for or against a political or other cause by conveying a message to the public through expressive conduct, such as carrying or wearing signs, singing or speaking.
“Firearm” means any gun, pistol, revolver, rifle, or any other device 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. The term “firearm” does not include imitation firearms as defined by California Penal Code Section 16700, or BB devices or air rifles as defined in California Penal Code Section 16250.
“Locked container” means a locked container as defined in Penal Code Section 16850, as may be amended from time to time, that is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.
“Public gathering” shall mean: (1) an event that requires a special event permit, encroachment permit, or other temporary use permit and involves twenty or more persons; (2) a demonstration held in the right-of-way involving twenty or more persons within an area circumscribed by a five-hundred-foot radius; or (3) a demonstration on publicly owned land within the geographic boundaries of the City involving twenty or more persons within an area circumscribed by a five-hundred-foot radius.
“Right-of-way” means any area across, along, on, over, upon, or within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets and ways within the City. (Ord. 1542 § 3 (part), 2019)
9.24.020 Discharge of firearms prohibited.
Except as provided in Section 9.24.030, it shall be unlawful for any person at any time to fire or discharge, or cause to be fired or discharged, any firearm within the City limits. (Ord. 1542 § 3 (part), 2019)
9.24.030 Discharge of firearms prohibited—Exceptions.
Section 9.24.020 shall not apply to the following:
A. Sheriffs, constables, marshals, police officers, or other duly appointed peace officers in the performance of their official duties, or any person summoned by such officer to assist in making arrests or preserving the peace while said person so summoned is actually engaged in assisting such officer; or
B. Persons in lawful possession of a handgun who discharge said handgun in necessary and lawful defense of self or others while on private property; or
C. Persons in lawful possession of a firearm who are expressly and specifically authorized by Federal or State law to discharge said firearm under the circumstances present at the time of discharge; or
D. Persons in lawful possession of a firearm who are discharging said firearm at a legally permitted shooting range. (Ord. 1542 § 3 (part), 2019)
9.24.040 Firearms prohibited at public gatherings.
Except as provided in Section 9.24.050, no person shall possess a firearm at any public gathering. (Ord. 1542 § 3 (part), 2019)
9.24.050 Firearms prohibited at public gatherings—Exceptions.
Section 9.24.040 shall not apply to the following:
A. A peace officer, retired peace officer, or person assisting a peace officer, when authorized to carry a concealed weapon under California Penal Code Section 25450 et seq. or a loaded firearm under California Penal Code Section 25900 et seq., and/or under 18 U.S.C. Section 926B or 926C;
B. Members of the armed forces when on duty, and members of other organizations when authorized to carry a concealed weapon under California Penal Code Section 25620 or a loaded firearm under California Penal Code Section 26000;
C. Military or civil organizations carrying unloaded weapons while parading or when authorized to carry a concealed weapon under California Penal Code Section 25625;
D. Patrol special police officers, animal control officers, zookeepers and harbor police officers, when authorized to carry a loaded firearm under California Penal Code Section 26025; and
E. A guard or messenger of a common carrier, bank, or other financial institution; a guard of a contract carrier operating an armored vehicle; a licensed private investigator, patrol operator, or alarm company operator; a uniformed security guard or night watch person employed by a public agency; a uniformed security guard or uniformed alarm agent; a uniformed employee of a private patrol operator or private investigator, when any of the above are authorized to carry a loaded firearm under California Penal Code Section 26030. (Ord. 1542 § 3 (part), 2019)
9.24.060 Firearms prohibited at public gatherings—Permit conditions.
For any public gathering that requires a permit issued by the City, the City official, department, board, commission, committee, or other authority responsible for issuing such permit shall include as a condition of the permit that firearms be prohibited at the public gathering, subject to the exceptions stated in Section 9.24.050. This chapter shall not preclude the City from exercising its discretion to impose a similar condition on a permit that does not meet the definition of a public gathering. (Ord. 1542 § 3 (part), 2019)
9.24.070 Penalty.
Any person who violates this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars or by imprisonment in the County Jail not to exceed six months, or both. (Ord. 1542 § 3 (part), 2019)
9.24.080 Undertaking for the general welfare.
In enacting and implementing this chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 1542 § 3 (part), 2019)