It is unlawful for any person except a "peace officer" as defined
in Section 830 et seq., of the Penal Code of California, or as hereafter
amended, in the performance of duties or a person acting in self-defense
or in defense of others, within the city of Sunnyvale, to discharge
any cannon, firearm, airgun, or any instrument of any kind, character
or description which throws or projects bullets or missiles of any
kind, to any distance, by means of explosion, combustion, release
of compressed air or gas, or otherwise, without first having obtained
a permit to do so granted by the chief of the department of public
safety; or to make or use, any slingshot in any manner causing danger
to or annoyance of any person or injury to property.
(Prior code § 4-1.07; Ord. 1468 § 1, 1968; Ord.
2570-97 § 2)
Nothing in Section 9.44.010 shall be construed so as to prohibit any person from shooting in any licensed shooting gallery.
(Prior code § 4-1.08)
Any person who owns or possesses a firearm (as defined in Penal
Code Section 16520 or as amended) shall report the theft or loss of
the firearm to the Sunnyvale Department of Public Safety within forty-eight
hours of the time he or she knew or reasonably should have known that
the firearm had been stolen or lost, whenever: (1) the person resides
in the city of Sunnyvale; or (2) the theft or loss of the firearm
occurs in the city of Sunnyvale.
(Ord. 3027-13 § 1)
Except when carried on his or her person, or in his or her immediate
control and possession, no person shall keep a firearm (as defined
in Penal Code Section 16520 or as amended) in any residence owned
or controlled by that person unless the firearm is stored in a locked
container, or the firearm is disabled with a trigger lock that is
listed on the California Department of Justice's list of approved
firearms safety devices.
(Ord. 3027-13 § 1)
(a)
No
person may possess a large-capacity magazine in the city of Sunnyvale
whether assembled or disassembled. For purposes of this section, "large-capacity
magazine" means any detachable ammunition feeding device with the
capacity to accept more than ten rounds, but shall not be construed
to include any of the following:
(b)
Any
person who, prior to the effective date of this section, was legally
in possession of a large-capacity magazine shall have ninety days
from such effective date to do either of the following without being
subject to prosecution:
(1)
Remove the large-capacity magazine from the city of Sunnyvale; or
(2)
Surrender the large-capacity magazine to the Sunnyvale department
of public safety for destruction; or
(3)
Lawfully sell or transfer the large-capacity magazine in accordance
with Penal Code Section 12020.
(c)
This
section shall not apply to the following:
(1)
Any federal, state, county, or city agency that is charged with the
enforcement of any law, for use by agency employees in the discharge
of their official duties;
(2)
Any government officer, agent, or employee, member of the armed forces
of the United States, or peace officer, to the extent that such person
is otherwise authorized to possess a large-capacity magazine and does
so while acting within the course and scope of his or her duties;
(3)
A forensic laboratory or any authorized agent or employee thereof
in the course and scope of his or her duties;
(4)
Any entity that operates an armored vehicle business pursuant to
the laws of the state, and an authorized employee of such entity,
while in the course and scope of his or her employment for purposes
that pertain to the entity's armored vehicle business;
(5)
Any person who has been issued a license or permit by the California
Department of Justice pursuant to Penal Code Section 18900, 26500-26915,
31000, 32315, 32650, 32700-32720, or 33300, when the possession of
a large-capacity magazine is in accordance with that license or permit;
(6)
A licensed gunsmith for purposes of maintenance, repair or modification
of the large-capacity magazine;
(7)
Any person who finds a large-capacity magazine, if the person is
not prohibited from possessing firearms or ammunition pursuant to
federal or state law, and the person possesses the large-capacity
magazine no longer than is reasonably necessary to deliver or transport
the same to a law enforcement agency;
(8)
Any person lawfully in possession of a firearm that the person obtained
prior to January 1, 2000, if no magazine that holds fewer than ten
rounds of ammunition is compatible with the firearm and the person
possesses the large-capacity magazine solely for use with that firearm.
(9)
Any retired peace officer holding a valid, current carry concealed
weapons (CCW) permit issued pursuant to the California Penal Code.
(Ord. 3027-13 § 1)
(a)
It
is unlawful for any person to engage in the business of selling, leasing,
or otherwise transferring firearm ammunition within the city of Sunnyvale
except in compliance with this code.
(b)
"Ammunition"
"Ammunition vendor"
"Person"
Definitions.
means any cartridge or encasement containing a bullet or
projectile, propellant, or explosive charge, and a primer which is
used in the operation of a firearm.
means any person engaged in the business of selling, leasing,
or otherwise transferring firearm ammunition.
means a natural person, association, partnership, firm, corporation,
or other entity.
(c)
Every
ammunition vendor shall maintain an ammunition sales log which records
all ammunition sales made by the vendor. The transferee shall provide,
and the ammunition vendor shall record on the ammunition sales log,
at the time of sale, all of the following information for each sale
of firearms ammunition:
(1)
The name, address, and date of birth of the transferee;
(2)
The date of the sale;
(3)
The transferee's driver's license number, state identification card
number, passport number, or other valid government-issued photographic
identification;
(4)
The brand, type, and quantity of firearms ammunition transferred;
(5)
The identity of the person transferring the firearms ammunition on
behalf of the ammunition vendor;
(6)
The transferee's signature and right thumbprint.
(d)
The
ammunition sales log shall be recorded on a form approved by the chief
of public safety. All ammunition sales logs shall be kept at the location
of the firearms ammunition sale for a period of not less than two
years from the date of the sale. Ammunition sales logs shall be open
to reasonable inspection by peace officers at all times the ammunition
vendor is regularly open for business.
(e)
No
person shall knowingly provide false, inaccurate, or incomplete information
to an ammunition vendor for the purpose of purchasing firearms ammunition.
No ammunition vendor shall knowingly make a false, inaccurate, or
incomplete entry in any ammunition sales log, nor shall any ammunition
vendor refuse any reasonable inspection of an ammunition sales log
subject to inspection.
(Ord. 3027-13 § 1)
(a)
Purpose
and Intent. The purpose of this section is to protect the safety of
city employees and members of the public who congregate at, or visit,
city property, including city parks, buildings, and facilities; to
enable the public to visit the city property without fear of firearm
violence or accidental firearm-related injuries; reduce the potential
for firearm-related fatalities and injuries on city property; reduce
security costs and minimize city liability for injuries or deaths
on city property caused by firearms; and prevent city property from
being used to facilitate activities that can endanger public safety
and health.
(b)
"City property"
"Firearm"
Definitions.
The following words and phrases, as used in this section, are defined
as followed:
means real property, including any buildings thereon, owned
or leased by city, and in the city's possession. "City property" does
not include any public right-of-way owned by the city, including any
area across, along, on, over, upon, and within the dedicated public
alleys, boulevards, courts, lanes, roads, sidewalks, streets, expressways,
and ways within the city.
means any gun, pistol, revolver, rifle, or any device that
is 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. "Firearm" does not include imitation firearms,
BB guns, or air rifles as defined in Government Code Section 53071.5
or any successor legislation.
(c)
Possession
of Firearms on City Property Unlawful. It is unlawful for any person
to bring onto or possess a firearm on city property, whether loaded
or unloaded.
(1)
This prohibition applies to persons licensed to carry a concealed
firearm unless exempt under subsection (d) of this section.
(d)
Exemptions. Subsection (c) does not apply to the following:
(1)
A federal, state, or local law enforcement officer, or person assisting
a peace officer, when such person is authorized to carry a concealed
weapon or a loaded firearm under state law or under 18 U.S.C. Section
926B or Section 926C or any successor legislation;
(2)
An honorably retired officer or agent of a law enforcement agency,
when authorized to carry a concealed or loaded weapon under state
law;
(3)
A security guard or messenger of a financial institution, a guard
of a contract carrier operating an armored vehicle, a licensed private
investigator, a patrol operator, an alarm company operator, or security
guard, when such persons are authorized by applicable state or federal
law to carry a firearm and when such persons are engaged in the exercise
of their official duties on city property;
(4)
An active member of the military forces of the state or of the United
States when engaged in the performance of lawful duties and orders;
(5)
A person bringing or transporting an unloaded firearm onto city property
to exchange, transfer, or relinquish it to law enforcement, in compliance
with any city operated, approved, or sponsored program to purchase,
exchange, or otherwise obtain voluntary relinquishment of firearms;
(6)
A person delivering unloaded firearms as authorized by state or federal
law, to or from law enforcement;
(7)
A person lawfully possessing an unloaded firearm in the locked trunk
of, or inside a locked container in, a motor vehicle; or
(8)
A hunter with a valid hunting license when going to or returning
from a legal hunting expedition in the Don Edwards San Francisco Bay
National Wildlife Refuge or other areas of the San Francisco Bay outside
the boundaries of the city; provided, however, that when transiting
through city property, any firearm must remain unloaded, and that
any firearm is safely stored in a locked container or otherwise secured
using a firearm safety device as defined by California Penal Code
Section 16540 or any successor legislation.
(e)
Penalties. Any person violating any of the provisions of this section shall be guilty of an infraction punishable as set forth in Chapter 1.04 of this code. Subsequent violations within a twelve-month period may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
(Ord. 3204-22 § 1)
(a)
Purpose
and Intent. The purpose and intent of this section is to define sensitive
places within the city of Sunnyvale consistent with the provision
of N.Y. State Rifle & Pistol Ass'n v. Bruen (2022), 142 S. Ct.
2111, in order to protect the public's health and safety in the city.
(b)
"Concealed firearm"
"Licensee"
"Sensitive place"
(A)
(B)
(C)
(D)
(E)
Definitions.
The following words and phrases, as used in this section, are defined
as follows:
has the meaning defined in Section 25400 of the California
Penal Code or any successor legislation.
means a person granted a license to carry a pistol, revolver,
or other firearm capable of being concealed upon the person pursuant
to Sections 26150, 26155, or 26170 of the California Penal Code.
means any of the following places:
City property as defined in Section 9.44.070 of this code;
A building, real property, or parking area within the geographic
boundaries of the city that is owned or leased by a public entity
other than the city, where the public entity that owns or leases the
property has duly authorized the city to enforce this prohibition
on said property;
A public street or sidewalk within one thousand feet from a public or private school, preschool, child care center as defined in Section 19.12.040 of this code, community college, college, university, playground, youth center, park, or polling place;
A bus, train, paratransit, or other form of transportation paid
for in whole or in part with public funds where the public agency
that operates the transit system has duly authorized the city to enforce
this prohibition; or
A church, synagogue, mosque, or other place of worship, including
in any parking area immediately adjacent thereto, unless the operator
of the place of worship clearly and conspicuously posts a sign at
the entrance of the building or on the premises indicating that license
holders are permitted to carry firearms on the property.
(c)
Prohibition
of Concealed Firearms in Sensitive Places. A licensee shall not carry
a firearm on or into any sensitive place.
(d)
Exemptions. Subsection (c) does not apply to the following:
(1)
Possession of firearms on city property if exempt under Section 9.44.070(d) of this chapter;
(2)
A licensee in their residence or place of business in accordance
with Section 12026 of the California Penal Code and any successor
legislation;
(3)
A licensee who must walk across a street or sidewalk described in
subsection (b)(3)(C) of this section in order to access their residence
or place of business;
(4)
A licensee traveling along a public right-of-way identified in subsection
(b)(3)(C) if the concealed firearm is carried or transported by the
licensee in accordance with all other applicable provisions of law,
and the licensee does not remain in the place longer than necessary
to complete their travel;
(5)
A licensee lawfully possessing an unloaded firearm in the locked
trunk of, or inside a locked container in, a motor vehicle.
(e)
Penalties. Any person violating any of the provisions of this chapter shall be guilty of an infraction punishable as set forth in Chapter 1.04 of this code. Subsequent violations within a twelve-month period may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
(Ord. 3204-22 § 2)
If any portion of this chapter is held to be invalid, unconstitutional,
or unenforceable by a court of competent jurisdiction, that decision
shall not affect the validity of the remaining portions of this code.
The city council declares that this section and each portion would
have been adopted without regard to whether any portion of this section
would be later declared invalid, unconstitutional, or unenforceable.
(Ord. 3204-22 § 3)
