CHAPTER 6. WEAPONS

3-6.01 Concealing Weapons.

It shall be unlawful for any person to carry concealed upon his person or in a vehicle and not in view therein any ice pick or similar sharp stabbing tool; or any straight edge razor or a razor fitted to a handle; or any cutting, stabbing or bludgeoning weapon or device capable of inflicting serious bodily injury. It shall be unlawful for any person to carry concealed upon his person or in a vehicle and not in view therein an air gun, air rifle or other gun or device capable of discharging by the use of powder, air or springs, any bullet or object, except if transported in a manner consistent with California Penal Code §12026.1. (3400, and by §1, Ord. 1928, eff. 8/20/98.)

3-6.02 Possession and Sale of Certain Weapons.

It shall be unlawful for any person to possess or sell any sling or slingshot. (3401, and by §1, Ord. 1928, eff. 8/20/98.)

3-6.03 Discharge of Weapons.

It shall be unlawful for any person to discharge any firearm, gun, rifle, or other gun or device which discharges by the use of powder, air or springs, any bullet or shot of any kind, or any sling, or slingshot, bow and arrow, crossbow, or other similar device, in the City. This chapter shall not apply to police officers acting within the scope of their official duties, to persons acting in the necessary defense of their persons or property, nor shall it apply to scheduled and supervised archery classes held at or for public or private schools, or public education programs scheduled by the City. (3402, As amended by §1, Ord. 1757, eff. 2/7/91, and by §1, Ord. 1928, eff. 8/20/98.)

3-6.04 Sale of Weapons to Minors.

It shall be unlawful for any person to sell to any minor under eighteen years of age any sling or slingshot, bow and arrow, crossbow or similar device. (3404, as amended by §1, Ord. 1021, eff. July 1, 1970, and by §1, Ord. 1928, eff. 8/20/98.)

3-6.05 Authorized Use of Weapons.

It shall be a defense to any prosecution for a violation of this chapter if, at the time of the alleged violation, the instrument or device described in §3-6.01 was, in good faith, in the possession or control of the defendant for use in his lawful occupation or employment or for the purpose of recreation. This section shall not constitute a defense in the event such recreation is conducted in a grossly negligent manner or is conducted with a wanton disregard for recognized safety standards. The provisions of this chapter shall not be deemed to prohibit any act specifically authorized by the California Penal Code. (3404, and by §1, Ord. 1928, eff. 8/20/98.)

3-6.06 Safe Storage of Firearms in a Residence Required.

a. No person shall keep a firearm (as defined in California Penal Code section 16520, as amended from time to time) in any residence in Walnut Creek owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice’s roster of firearm safety devices (as defined in the California Penal Code sections 16540 and 23635, as amended from time to time).

b. Exceptions.

1. Subsection (a) of this section does 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.

2. Subsection (a) of this section 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 California Penal Code sections 830 et. seq, as amended from time to time).

3. To encourage reporting of lost or stolen firearms (as defined in California Penal Code section 16520, as amended from time to time), 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.

c. It is not the intention of this section to regulate any conduct if the regulation of such conduct has been preempted by State or Federal law. (§3, Ord. 2222, eff. 7/21/22.)

3-6.07 Penalty; Misdemeanor or Infraction.

Any person who violates any provision of Sections 3-6.01 through 3-6.05 shall be deemed guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1-2.01.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both such fine and imprisonment. (§1, Ord. 1928, eff. 8/20/98; §3, Ord. 2222, eff. 7/21/22. Formerly 3-6.06)

3-6.08 Penalty; Civil.

Any person who violates Section 3-6.06 shall be subject to enforcement through civil penalties, as provided herein.

a. Civil Penalties. The city may pursue any civil remedies available under the law.

b. Amount of Civil Penalties. The amount of a penalty imposed for any violation of Section 3-6.06 shall be a warning for a first violation, one hundred dollars ($100.00) for a second violation within twelve (12) months, two hundred dollars ($200.00) for a third violation within twelve (12) months, and five hundred dollars ($500.00) for a fourth and additional violations within twelve (12) months.

c. Separate Offense. Each violation shall be deemed a distinct and separate offense. Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of a violation. (§3, Ord. 2222, eff. 7/21/22.)

Article 2, Saturday Night Specials, repealed in its entirety by Ordinance No. 1977, eff. 2/15/01