Chapter 5.130
SAFE FIREARMS STORAGE

Sections:

5.130.010    Purpose and intent.

5.130.020    Definitions.

5.130.030    Safe storage of firearms in a residence required.

5.130.040    Penalty.

    Code reviser’s note: Section 6 of Ord. 776 provides: “This Ordinance is introduced on April 14, 2020 with an adoption date of April 28, 2020 and shall be effective January 1, 2021.”

5.130.010 Purpose and intent.

The city council finds that regulations on safe storage of firearms are necessary to protect the public health, safety, and welfare of the residents of the city of Millbrae by requiring safer storage of firearms, and to strike a reasonable balance between the need to reduce gun violence and injuries and the need to protect one’s self in self-defense. (Ord. 776, § 3).

5.130.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A.    “Firearm” means a firearm as defined in California Penal Code Section 16520(a), as may be amended from time to time. “Firearm” does not include an antique firearm, as defined in 18 U.S.C. 921(a)(16), or a permanently inoperable firearm.

B.    “Locked container” means a locked container, as defined in California Penal Code Section 16850, as may be amended from time to time, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this chapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.

C.    “Residence” means any structure or vehicle intended or used for human habitation, including but not limited to single-family dwellings, boardinghouses, duplexes, dwellings, flats, garages, basements, attics, guesthouses, multifamily dwellings, short-term residential rentals, triplexes, condominiums, rooms, accessory dwelling units, commercial lodgings, single-room occupancy units, time shares, recreational vehicles, 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. 776, § 3).

5.130.030 Safe storage of firearms in a residence required.

A.    No person shall keep a firearm in any residence, except in the following circumstances:

1.    The firearm is stored in a locked container;

2.    The firearm is disabled with a trigger lock;

3.    The firearm is carried on the body of a person who is legally allowed to possess the firearm; or

4.    The firearm is within close enough proximity and control of a person who is legally allowed to possess the firearm that the person can readily retrieve and use the firearm as if carried on their person.

B.    To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection A of this section. (Ord. 776, § 3).

5.130.040 Penalty.

A.    A violation of this section shall be subject to enforcement through the use of an administrative citation pursuant to MMC 1.05.030 except that fines will be issued pursuant to the following schedule:

Violation

Fine Not Exceeding:

First violation

$500

Second violation within a year of the first violation

$750

Third violation within a year of the first violation

$1,000

B.    Any person subject to a fine pursuant to this section may petition the city manager to perform community service in lieu of payment of the fine. The city manager may adopt guidance for substituting community service in lieu of fines for violations of this chapter.

C.    Each and every firearm stored in violation of this chapter, and each day the violation continues, is a distinct and separate offense. (Ord. 776, § 3).