It is the purpose and intent of this chapter that the storage
of firearms in residences within the City of Encinitas be regulated
for the protection and health of the public and to prevent firearm
access by a person who is not the authorized user of a firearm.
(Ord. 2019-20)
For the purposes of this chapter, the following definitions
apply in this section:
"Authorized user"
means a person who is not prohibited from owning or possessing
a firearm.
"Firearm"
means any device, designed to be used as a weapon or modified
to be used as a weapon, from. which a projectile is expelled through
a barrel by the force of explosion or other form of combustion.
"Residence"
means any structure intended or used for human habitation
including, without limitation, houses, townhouses, condominiums, apartments,
mobilehomes or other similar dwelling.
"Trigger lock"
means a firearm safety device approved by the California
Department of Justice Bureau of Firearms in accordance with California
Penal Code Section 23635.
(Ord. 2019-20)
It is unlawful for any person to keep a firearm within any residence,
including its accessory structures, unless the firearm is stored in
a locked container or disabled with a trigger lock.
(Ord. 2019-20)
Section
9.31.030 shall not apply in the following circumstances:
A. The
firearm is carried on the body of a person who is an authorized user
of the firearm; or
B. The
firearm is in the immediate control of the authorized user so that
the person can readily retrieve and use the firearm as if carried
on the person's body.
(Ord. 2019-20)
In order to encourage reports to law enforcement agencies of
lost or stolen firearms, a person who files a report with a law enforcement
agency notifying the agency that a firearm has been lost or stolen
shall not be subject to prosecution for violation of this chapter
for the firearm that is reported lost or stolen.
(Ord. 2019-20)