City of Santa Monica, CA FIREARMS

Any person who operates or manages, or who proposes to operate or manage, any business which sells, transfers, leases, offers or advertises for sale, transfer or lease any firearm, shall obtain a firearms dealer permit from the Chief of Police, in addition to any other permits or licenses required by law prior to operating or managing the business.

The Director of Finance shall not issue a business license to any person who operates or manages, or who proposes to operate or manage, any business which sells, transfers, leases, offers or advertises for sale, transfer or lease any firearm, unless the person obtains all necessary permits or other licenses required by Federal, State and City law, including a firearms dealer permit issued by the Chief of Police.

For purposes of this Section, "firearm" shall have the same meaning as it does for purposes of Section 12071 of the California Penal Code. This Section shall not apply to those activities specifically exempted by California Penal Code Section 12070(b).

(Prior code § 3505; added by Ord. No. 250CCS, adopted 6/26/51; amended by Ord. No. 1852CCS § 2, adopted 6/11/96)

§ 3.24.030 Firearms dealer permit application process.

Manner of Application and Fees. An application for a firearms dealer permit shall be filed with the Chief of Police under penalty of perjury on a form to be specified by the City. The application shall be accompanied by the fees established by resolution of the City Council. The application shall contain:

All relevant information to demonstrate the applicant's compliance with this Chapter, including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of Section 3.24.031(e);

A certification by the City Planning and Community Development Department that the applicant's business will not be located in a zoning district in which the operation of a firearms business is prohibited, and that the applicant has secured a conditional use permit if required by Article 9 of the Municipal Code;

Proof of compliance with all applicable Federal, State and local law;

All other information requested, or the application will not be deemed complete.

City's Right to Investigate Any Relevant Facts. The Chief of Police may cause to be conducted an investigation to determine whether the application for a firearms dealer permit meets all the requirements of Federal, State and local law, and may require any and all additional information from an applicant that is deemed necessary to complete the investigation.

Grounds for Denial of Application. The Chief of Police shall give the applicant a written notice of his or her decision to grant or to deny the application for a firearms dealer permit. The notice shall set forth the ground or grounds for the Chief of Police's decision. The Chief of Police shall deny the issuance of a permit when any of the following conditions are met:

The applicant, or any officer, employee or agent thereof who will have access and control over firearms, is under twenty-one years of age.

The applicant is not licensed as required by all applicable Federal, State and local laws.

The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has had a permit previously revoked or denied for good cause within the immediately preceding two years for failure to operate its business in compliance with the requirements of Federal, State or local law, including any conditions imposed by such laws.

The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has made a false or misleading statement of a material fact or an omission of a material fact in the application for a permit.

The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has been convicted of the following:

(A)

Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable Federal, State and local laws;

(B)

Any offense related to the manufacture, sale, possession or registration of any firearm or dangerous or deadly weapon;

(C)

Any offense involving the use of violence upon the person of another;

(D)

Any offense involving theft, fraud, dishonesty or deceit;

(E)

Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by California Health and Safety Code Section 11007, as said definition now reads or may hereafter be amended to read.

The applicant is within the classes of persons defined in California Welfare and Institutions Code Section 8100 or 8103.

(7)

The operation of the business as proposed will not comply with all applicable Federal, State and local laws.

(8)

The applicant, or any officer, employee or agent thereof, proposes to operate the business in a location where such use is prohibited, or has not obtained other necessary City permits.

(9)

The applicant, or any officer, employee or agent thereof, is not the owner of record of the real property at which the business is to be conducted, nor has a lease, license, or other entitlement or possessory interest to operate such business at such location.

(10)

Any other grounds for denial that exist as specified in the Santa Monica Municipal Code.

(Prior code § 3506; added by Ord. No. 250CCS, adopted 6/26/51; amended by Ord. No. 1852CCS § 3, adopted 6/11/96)

§ 3.24.031 Firearms dealer permit—Conditions.

Any firearms dealer permit issued pursuant to this Chapter shall be subject to all of the following conditions:

The permittee shall comply with all Federal and State laws concerning the operation of the permitted business, including, but not limited to, California Penal Code Sections 12071(b)(3) — (14), 12072, 12073, 12074, 12076, 12077 and 12082. To the extent the provisions of this Chapter impose more stringent requirements than those contained in State or Federal law, these local provisions shall prevail.

The business shall be carried on only in the building located at the street address shown on the City of Santa Monica permit.

The permittee shall keep complete and current records of all firearms transactions. In addition to the requirements of California Penal Code Sections 12073, 12076 and 12077, the permittee shall also keep a complete current inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is required by the Chief of Police for the tracking of the chain of ownership of the firearm.

The permittee shall maintain records of ammunition sales in compliance with the provisions of Chapter 3.25 of this Code.

The premises at which the business is to be operated shall contain all security measures reasonably required by the Chief of Police, which shall include, but not be limited to:

The provision of secure locks, windows and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police;

The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others as provided herein and in any administrative regulations issued by the Chief of Police;

At all times, every firearm shall be stored in a secured facility within the meaning of Penal Code Section 17110 or in a locked fireproof safe or vault in the permittee's business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code Section 23650 and which is approved by the Chief of Police or designee, so that the firearms are not visible or accessible to anyone other than authorized permittee employees;

No firearm shall be removed from the secured facility except by an authorized employee for inspection by a customer for sale or transport;

All ammunition shall be stored so that it is inaccessible to the public and secured using one of the methods mentioned in subsection (e)(3), and shall not be removed from the secured facility except by an authorized employee for inspection by a customer or for sale or transport.

The permitted business location shall be monitored by a video surveillance system approved by the Chief of Police and that includes cameras, monitors, digital video recorders, audio recorders, and cabling, if necessary, to meet the requirements below:

The interior and exterior of the permitted business facility shall be monitored. The number and location of the cameras are subject to the approval of the Chief of Police. At a minimum, the cameras shall be sufficient in number and location to monitor the areas of the business premises where firearms or ammunition are stored, sold, transported, or transferred, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking areas.

The video surveillance system shall operate continuously, without interruption, whenever the permittee is open for business. Whenever the permittee is not open for business, if not operating continuously, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.

The sale or transfer of a firearm or ammunition shall be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible. The video surveillance system or, if applicable, audio recording system, shall record the voices of the purchaser or transferee and the permittee or permittee's employees in such a way that the voices will be clearly audible when replayed.

The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fourteen calendar days. The permittee must inspect the system at least weekly to ensure that it is operational, and images are being recorded and retained as required by the Chief of Police. The permittee shall allow the Chief of Police, or designee, to inspect the video surveillance system and audio recorder to ensure operability.

The stored video and audio recordings shall be maintained on the business premises of the permittee for a period not less than thirty days from the date of recording and shall be made available and accessible to the Chief of Police or other law enforcement agency designated by the City Manager immediately upon request for review and copying, without the need for a search warrant, subpoena, or court order.

Except as provided in Section 3.24.038(d), the permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch in height:

THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR

IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO

LAW ENFORCEMENT

Permittee shall cause to be obtained, and keep in full force and effect a policy of insurance in such form as the City deems proper, executed by an insurance company approved by the City whereby the permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer, or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City, addressed in care of the Risk Manager, 1717 4th Street, Santa Monica, California 90401, at least thirty days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this Chapter, the permit shall be deemed canceled without further notice or opportunity to be heard.

(h)

The permittee shall consent to the City's inspection of the business premises and records for the City to establish continued compliance with the terms of the permit, and in accordance with Section 3.24.036 of this Chapter.

(i)

The permit shall not become effective until the permittee has obtained all other permits required by Federal, State or local law, including, but not limited to, a business license and zoning and building permits. Violations of this Section may result in a permit being revoked.

(j)

The Chief of Police may issue administrative regulations consistent with this Section.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96; amended by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.032 Firearms dealer permit—Form and term.

A firearms dealer permit issued pursuant to this Chapter shall state on its face "Valid for Retail Sales of Firearms," and shall expire one year after the date of issuance or automatically upon revocation or expiration of permittee's Federal firearms license. A permit may be renewed by the Chief of Police for additional periods of one year upon the approval of an application for renewal by the Chief of Police and payment of the renewal fee established by City Council resolution. A completed application for renewal shall be submitted to the Chief of Police at least forty-five days prior to the expiration of the current permit or else the permit shall expire at the expiration of its term. If the application is submitted in a timely manner, the permit to operate shall continue in effect until the expiration date of the current term, or two weeks after the Chief of Police mails written notice to the applicant denying renewal, whichever occurs later.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.033 Firearms dealer permit—Permit assignment.

No person shall assign or in any manner transfer or attempt to assign or transfer any firearms dealer permit issued pursuant to this Chapter and any such assignment or transfer or attempt to assign or transfer a permit shall constitute grounds to revoke the permit.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.034 Firearms dealer permit—Grounds for revocation and denial of renewal.

The Chief of Police may revoke a firearms dealer permit, or deny an application to renew a permit, in any of the following circumstances:

Upon breach of any of the permit conditions set forth in of Section 3.24.031;

Upon any circumstance constituting a ground for denial of a permit set forth in Section 3.24.030(c);

Upon transfer or assignment, or attempted transfer or assignment of the permit as prohibited in Section 3.24.033;

If the business is being conducted in a disorderly manner or in violation of any applicable State or Federal law or ordinance of this City or any provision of this Code;

When the purpose for which the permit has been issued is being abused to the detriment of the public, or when the permit is being used for a purpose different from that for which the permit was issued.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.035 Firearms dealer permit—Appeals.

Any person aggrieved by any decision to deny or revoke any firearms dealers permit pursuant to this Chapter may appeal such decision to a Hearing Examiner in accordance with Chapter 6.16 of the Santa Monica Municipal Code.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.036 Firearms dealer permit—Authority to inspect.

Any and all investigating officials of the City shall have the right to enter the building designated in the permit from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing and health regulations, as well as the provisions of this Chapter. A police investigator may conduct compliance inspections to ensure conformance with all Federal, State and local laws, and the provisions of this Chapter.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.037 Violation of Sections 3.24.030 through 3.24.036.

Any person who conducts a business in violation of Sections 3.24.030 through 3.24.036 of this Chapter shall be guilty of a misdemeanor for each day a violation occurs. Each violation shall be punishable by up to one year in jail or a five hundred dollar fine, or both.

In addition to any other penalty or remedy, the City Attorney may commence a civil action to seek enforcement of these provisions.

(Added by Ord. No. 1852CCS § 4, adopted 6/11/96)

§ 3.24.040 Restricted admittance of minors and other prohibited purchasers.

Except as provided in subsection (d) below, no permittee or any of the permittee's agents, employees, or other persons acting under the permittee's authority shall allow any person under eighteen years of age to enter into or remain on the premises unless accompanied by the minor's parent or legal guardian.

The permittee and any of the permittee's agents, employees, or other persons acting under the permittee's authority shall be responsible for requiring clear evidence of age and identification of persons to prevent the entry of persons not permitted to enter the premises pursuant to subsection (a) by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator's license, a State identification card, an armed forces identification card, U.S. passport, or any similar documentation which provides reasonable assurance of the identity and age of the individual.

No permittee or any of the permittee's agents, employees, or other persons acting under the permittee's authority shall allow any person to enter into or remain on the premises who the permittee or the permittee's agents, employees, or other persons acting under the permittee's authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to Federal, State, or local law.

Notwithstanding the foregoing, a permittee that sells goods other than firearms or ammunition may allow an unaccompanied minor into the premises, provided that the permittee uses physical and operational safeguards to prevent an unaccompanied minor from being within ten feet of where firearms, ammunition, and firearm related accessories are stored or available for inspection. A permittee's physical and operational safeguards as required by this Section shall be approved by the Chief of Police, or designee, before unaccompanied minors are allowed into the premises. A permittee operating pursuant to this Section must install signage in a conspicuous place in the area where firearms or ammunition are available for inspection or stored that states in block letters not less than one inch in height:

THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE - YOUR

YOUR IMAGE AND CONVERSATIONS MAY BE RECORDED AND PROVIDED TO

LAW ENFORCEMENT

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.080 Gun shows.

Gun shows or events shall be prohibited in the City, except for gun shows or events in the M1 District. For purposes of this Section, a gun show or event is any event at which firearms, as defined in Section 3.24.020, are sold, transferred, leased or offered or advertised for sale, transfer or lease. Any such gun show or event in the M1 District must obtain all other approvals or permits required by local, State or Federal law.

(Added by Ord. No. 1852CCS § 5, adopted 6/11/96)

§ 3.24.085 Existing firearms dealerships.

Firearms dealers existing on the effective date of the ordinance codified in this Section who obtained a firearms dealer permit pursuant to Ordinance No. 1763CCS or Ordinance No. 1831CCS on or before January 1, 1995, shall not be required to obtain a conditional use permit, but shall comply with all other provisions of this Code. If such existing dealers are located other than in the M1 Industrial Conservation District, such uses shall be considered legal nonconforming uses. If an existing firearms dealership increases its firearms or munitions display area over that which it maintained on the effective date of the ordinance codified in this Section, the firearms dealership shall no longer be considered a legal nonconforming use. Such firearms dealerships shall forthwith comply with all requirements of this Code. Any firearms dealership existing as of the effective date of the ordinance codified in this Section who did not obtain a firearms dealer permit by January 1, 1995, is in violation of law.

(Added by Ord. No. 1852CCS § 23, adopted 6/11/96)

§ 3.24.086 Use and possession of weapons.

No person shall discharge a firearm into or within the City, except as provided in Section 3.24.010.

No person shall propel any object by a sling shot, bow, or other instrument commonly used or which is designed for the throwing or projecting of any object such as a bullet, shot, rock, stone, arrow, or other projectile. This subsection shall not prohibit the use of pitching machines or similar devices that propel baseballs, footballs, tennis balls, and similar items that are being used for their intended purpose at sports facilities.

No person shall hunt wildlife with any weapon described in this Section.

No person under the age of eighteen years shall have in their possession any firearm within the City unless they, at all times during the possession: (1) have on their person the written consent of their parent or legal guardian; or (2) are accompanied by their parent or legal guardian; or (3) are participating in and going to and from an organized, lawful recreational or competitive shooting activity or lawful hunting activity. As used in this subsection (d), "firearm" means any firearm as defined in California Penal Code Section 16520(a), except: (A) a B-B gun device as described in California Penal Code Section 16250; or (B) any other firearm the possession of which by minors is regulated by State law.

This Section shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of the duties of a public officer or private person duly licensed therefor; this Section shall not be deemed to make punishable the act of discharging a weapon in the lawful act of self-defense or defense of other persons.

This Section shall not apply to the keeping of lawful weapons at a place of business or residence by a person eighteen years of age or older lawfully in possession of the weapons and lawfully in possession of the property.

This Section shall not apply to the keeping or use of weapons on the premises of any lawful shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury and pursuant to any applicable permits or governmental approvals required by the City.

(h)

No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of eighteen years, shall knowingly permit, allow, or let said person to use or possess a weapon in violation of this Section.

(i)

No person, including those with a valid concealed carry weapon license, shall bring possess, display, brandish, or discharge a weapon, as defined in California Penal Code Section 171b, including a concealed weapon, in or upon any of the following facilities or areas:

Any City owned or leased building or other facility, excluding City owned or leased parking garages and parking lots open to the public;

The Santa Monica Pier;

Any facility open to the public in which alcoholic beverages are consumed on the premises;

Churches and other places of worship unless the operator of the church or place of worship clearly and conspicuously posts a sign at the entrance of the building indicating that concealed carry weapon license holders are permitted to carry firearms on the property;

Sporting events, concerts, shows, farmer's markets, and other community events;

Any public area in which First Amendment protected speech activities, labor picketing, demonstrations, or protests are being conducted;

(7)

Public parks and the beach, except to the extent a person lawfully in possession of a weapon may be continuously passing through the periphery upon a public sidewalk or street;

(8)

Hospitals and clinics, as defined in Santa Monica Municipal Code Section 9.51.030(A)(8);

(9)

Within or upon any privately owned property in which the owner or legal occupant has prominently posted signage at the entry points prohibiting firearms;

(10)

For any activity for which a film permit is required pursuant to Municipal Code Section 6.110.030, no live ammunition nor firearm capable of firing live ammunition shall be possessed in the filming area. "Live ammunition" means a cartridge consisting of a case, primer, propellant powder, and a metallic projectile; "live ammunition" does not include simulated, paper, or marking ammunition.

(j)

This Section shall not apply to the following:

Sworn law enforcement personnel on duty;

Sworn law enforcement personnel off duty, upon showing law enforcement identification upon entry or demand;

Armed security under contract with the City and pursuant to the terms of the contract, or as may be permitted by the Chief of Police; and

Retired law enforcement officers authorized to carry weapons pursuant to 18 U.S.C. 926C, with proper identification.

(k)

The Council, by resolution, and/or the City Manager, by administrative regulation, may provide for and publish further security regulations and/or exceptions to implement this Section, including, but not limited to, posting of signage to provide notice of these regulations.

(l)

The Chief of Police is authorized to seize and impound any weapon which is kept, possessed, or used in violation of this Section, or the ammunition or projectile thereof, and to hold the same for a period of up to thirty days or until claimed by its owner. Such articles may not be returned to any person under the age of eighteen years but may be returned that person's legal guardian or parent.

(m)

This Section shall not be deemed to make punishable an act or acts which are expressly allowed or preempted by any law of the State or the United States Constitution.

(n)

Enforcement and Penalties. A violation of this Section is a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this Section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.087 Liability insurance requirements for firearms.

A person who resides in the City and owns or possesses a firearm in the City shall obtain and continuously maintain in full force and effect a homeowner's insurance policy, renter's insurance policy, firearms liability policy, or other liability insurance policy from an admitted insurer or insurer as defined by the California Insurance Code, specifically covering losses or damages resulting from any negligent or accidental use of the firearm, including, but not limited to, death, injury, or property damage.

For purposes of this Section, a person shall be deemed to be the owner or in possession of a firearm, even if such firearm is lost or stolen, until such loss or theft is reported to the Police Department or Sheriff for the jurisdiction in which such person resides.

Any person subject to this Section shall obtain the required insurance within ninety days of the effective date of the ordinance codified in this Section.

This Section shall not apply to the following:

Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code Section 830, et seq.), including sworn peace officers, active reserve peace officers, and retired peace officers.

Those persons eligible to proceed without paying court fees and costs pursuant to California Government Code Sections 68632(a) and (b).

Each person required to maintain insurance under this Section shall demonstrate compliance with the insurance requirement by completing and executing an attestation form provided by the City. Each such person shall state the name of the insurance company issuing the policy and the number of the insurance policy on the attestation form, sign the form under penalty of perjury, and keep the attestation form with the firearms where they are being stored. There is no requirement to submit the attestation form to the City; however, the attestation form shall be made available for inspection by a law enforcement official in the event a firearm owned by or in possession of a person required to maintain the attestation form is fired or brandished within the City, except when fired pursuant to Section 3.24.086(g), or lost or stolen. A new attestation form signed under penalty of perjury shall be completed in the event any of the information on the form changes.

Any person who violates any provision of this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Any person who violates this Section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.

The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.088 Safe storage of firearms.

As used in this Section, the following definitions will apply:

"Locked container" means a secure container approved by the California Department of Justice for the storage of firearms, which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. A locked residence, room, closet, or locked vehicle, glove box, center console, or trunk alone shall not be considered a "locked container" for purposes of this Section.

"Firearm safety device" means a device, such as a trigger lock or cable lock, that is listed on the California Department of Justice's roster of approved firearm 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, which shall prevent the firearm from being discharged while secured.

"Residence" means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time-shares, garages, storage facilities, and recreational or other vehicles in which human habitation occurs.

"Vehicle" means any automobile, truck, bus, trailer coach, recreational vehicle, trailer, motorcycle, or vessel.

No person shall keep a firearm within or upon a residence or vehicle unless the firearm is:

Stored in a locked container or secured with a firearm safety device;

Carried on the person of the owner or other lawfully authorized user of the firearm who is over the age of eighteen; or

Within close enough proximity and control that the owner or other lawfully authorized user of the firearm who is over the age of eighteen can readily retrieve and use the firearm as if carried on the person.

Any person who violates any provision of this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. Any person who violates this Section shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.

The remedies provided in this Section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.089 Duty to report theft or loss of firearms.

Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or as amended) in the City shall report the theft or loss of the firearm to the Police Department 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 Santa Monica; or (2) the theft or loss of the firearm occurs in the City of Santa Monica.

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.090 Safe harbor of firearms.

Any resident of the City, who is eighteen years of age or older, and who has reason to believe that another person who resides in the same residential unit may present an immediate danger to themselves or any other person may voluntarily commit any firearms kept in that residence to the Police Department for safekeeping by contacting the Police Department and arranging for the commitment; this does not authorize any person to appear in person at the Police Department or any City facility with a firearm without having made prior arrangements with the Police Department. The Police Department shall not inquire or request the name of the person believed to be a danger for the voluntary commitment. The Police Department may reject a voluntary commitment if the Chief of Police determines there is insufficient secure space available for storage.

The Police Department shall return any committed firearms to the owner upon request and proof of ownership.

Any committed firearms that the Chief of Police determines to be illegal to own, or possessed by, the person requesting their return shall not be returned unless the requester demonstrates that the requestor, or a party on behalf of the requester, may lawfully own or possess the firearm. Any person with a legal interest in a firearm held pursuant to this Section, may petition a court for the return of said firearm within ninety days of the Chief of Police's written determination that it is illegal for the requester to own or possess a firearm committed under this Section.

Committed firearms shall be held for a period not to exceed one hundred eighty days, unless the owner for the firearms requests an extension of the voluntary commitment in writing for up to one additional one hundred eighty-day period.

Any firearms that remain unclaimed following the time periods specified in this Section, or are determined to be illegal to possess by the person claiming to be the owner, shall be destroyed without compensation or cost to the person claiming to be the owner or any other person.

The Police Department is authorized to establish a records retention policy for voluntary commitment documents in a manner consistent with all applicable law, including, but not limited to, the California Public Records Act. Any such policy shall require the destruction of any records pertaining to a voluntary commitment as soon as permissible under applicable law and shall protect such records from disclosure to the greatest extent permitted under applicable law. The Police Department shall retain records documenting the destruction of any firearms, noting only the dates of commitment, time expirations, illegal status, serial numbers and firearm descriptions, and the fact of destruction.

The Police Department shall prepare and make available regulations and forms to implement this Section.

(Added by Ord. No. 2756CCS, 9/26/2023)

§ 3.24.091 Privately manufactured weapons.

It is the purpose and intent of this Section that possession, purchase, sale, receipt, and transportation of non-serialized, unfinished frames, and unfinished receivers, which are then converted into privately manufactured non-serialized firearms within the City of Santa Monica be regulated for the protection, health, and welfare of the public, to further effective law enforcement, and to provide the City with reasonable measures to address the dangers to the community posed by non-serialized privately manufactured firearms, commonly known as "ghost guns." This Section is intended to be applied and interpreted consistent with State and Federal law, as may be amended.

Definitions. For the purposes of this Section, the following definitions apply:

"Federal firearms importer" means" a licensed firearm importer as defined in 18 U.S.C. Section 921(a)(9), as may be amended.

"Federal firearms manufacturer" means a licensed firearms manufacturer as defined in 18 U.S.C. Section 921(a)(10), as may be amended.

"Firearm" has the same meaning as in California Penal Code Section 16520(a), as may be amended.

"Frame" means the primary structural component of a firearm to which the fire control components are attached.

"Non-serialized firearm" means a firearm that is either: (A) not imprinted with a serial number issued to that firearm by a Federal firearms importer or Federal firearms manufacturer in compliance with Federal law; or (B) not engraved or permanently affixed with a serial number provided by the California Department of Justice for that firearm.

"Receiver" means the primary structural component of a firearm to which the fire control components are attached.

(7)

"Unfinished frame" means a piece of any material that does not constitute the completed frame of a firearm, but that has been shaped or formed in any way for the purpose of becoming the frame of a firearm, and which may be made into a functional frame of a firearm through milling, drilling, or other means.

(8)

"Unfinished receiver" means a piece of any material that does not constitute the completed receiver of a firearm, but that has been shaped or formed in any way for the purpose of becoming the receiver of a firearm, and which may be made into a functional receiver of a firearm through milling, drilling, or other means.

Prohibition Regarding Unfinished Frames or Unfinished Receivers. It is unlawful for any person to:

Possess, purchase, transport, or receive an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal firearms importer or federal firearms manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.

Sell, offer to sell, transfer, or offer to transfer an unfinished frame or unfinished receiver, unless the unfinished frame or unfinished receiver is imprinted with a serial number issued to that unfinished frame or unfinished receiver by a Federal firearms importer or federal firearms manufacturer, or engraved or permanently affixed with a serial number provided by the California Department of Justice for that unfinished frame or unfinished receiver.

Exceptions. The prohibitions in subsection (c)(1) and (2) shall not apply to:

(A)

A Federal firearms importer or Federal firearms manufacturer; or

(B)

An employee or sworn peace officer of a local, State, or Federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties; or

(C)

A common carrier licensed or regulated under State or Federal law or an authorized agent of a common carrier when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.

Prohibition Regarding Non-Serialized Firearms. It is unlawful for any person to possess, purchase, transport, receive, sell, offer to sell, transfer, or offer to transfer a non-serialized firearm.

Exceptions. The prohibitions in subsection (d) shall not apply to:

(A)

An employee or sworn peace officer of a local, State, or Federal law enforcement agency if the employee or sworn peace officer is acting within the scope of official duties;

(B)

(C)

A non-serialized firearm that has been rendered permanently inoperable;

(D)

A non-serialized firearm that is an antique firearm as defined in Penal Code Section 16170, as may be amended;

(E)

A non-serialized firearm that is a collector's item, curio, or relic under State or Federal law;

(F)

A non-serialized firearm manufactured or assembled prior to 1968; or

(G)

A non-serialized firearm that has been entered into a centralized federal or state registry as being owned by a specific individual or entity if that firearm has been assigned to it a distinguishing number or mark of identification.

Compliance with Penal Code Section 29180, as may be amended, shall be an affirmative defense to a violation of subsection (d).