Chapter 9.44 FIREARMS

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:

A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds; or

A .22 caliber tubular ammunition feeding device; or

A tubular magazine that is contained in a lever-action firearm.

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:

Remove the large-capacity magazine from the city of Sunnyvale; or

Surrender the large-capacity magazine to the Sunnyvale department of public safety for destruction; or

Lawfully sell or transfer the large-capacity magazine in accordance with Penal Code Section 12020.

This section shall not apply to the following:

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;

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;

A forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her duties;

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;

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)

§ 9.44.060 Ammunition sales.

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.

Definitions.

"Ammunition"

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.

"Ammunition vendor"

means any person engaged in the business of selling, leasing, or otherwise transferring firearm ammunition.

"Person"

means a natural person, association, partnership, firm, corporation, or other entity.

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:

The name, address, and date of birth of the transferee;

The date of the sale;

The transferee's driver's license number, state identification card number, passport number, or other valid government-issued photographic identification;

The brand, type, and quantity of firearms ammunition transferred;

§ 9.44.070 Possession of firearms on city property.

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)

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.

Definitions. The following words and phrases, as used in this section, are defined as followed:

"City property"

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.

"Firearm"

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.

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.

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:

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;

An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under state law;

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;

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;

§ 9.44.080 Carrying concealed firearms in sensitive places.

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)

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.

Definitions. The following words and phrases, as used in this section, are defined as follows:

"Concealed firearm"

has the meaning defined in Section 25400 of the California Penal Code or any successor legislation.

"Licensee"

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.

"Sensitive place"

means any of the following places:

(A)

City property as defined in Section 9.44.070 of this code;

(B)

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;

(C)

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;

(D)

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

(E)

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.

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:

Possession of firearms on city property if exempt under Section 9.44.070(d) of this chapter;

A licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation;

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;

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;