Gun violence, mass shootings, and firearm related injuries among
young people have been rising in the United States. Studies suggest
that more than half of Americans have experienced gun violence or
know someone close to them who has experienced gun violence. Santa
Barbara is no different. In 2020, Santa Barbara Unified School District
reported an increased number of weapon related incidents on school
campuses. Unsecured firearms at home have been shown to be correlated
with a higher risk of both unintentional and intentional injury by
firearm, especially among youth. Safely storing firearms in residences
and vehicles will protect children and teens from accessing weapons
and prevent injuries at home as well as protect public health and
safety.
Recent growth of gun violence in the U.S. has disproportionately
affected youth. In 2023, the Santa Barbara Youth Council named gun
violence one of its top issues for youth. After hearing young people's
concerns about gun violence in the community and at school at the
Santa Barbara Youth Council: Youth Speak Out, the
Youth Council voted to move forward with drafting a safe storage of
firearms ordinance and proposing it to the Santa Barbara City Council.
This chapter is adopted by City Council upon recommendation
of the Santa Barbara Youth Council to further the following:
A. The protection of public health, safety, and general welfare.
B. A reduction in the risk of self-inflicted firearm related injuries
and unintentional firearm related injuries among children and teens.
(Ord. 6145, 3/12/2024)
The following definitions apply to the interpretation of this
chapter:
Firearm.
A firearm as defined in California
Penal Code Section 16520,
as amended from time to time. The term "firearm" does not include
an antique permanently disabled firearm.
Locked Container.
A locked container that is either: (1) a locked container,
as defined in California
Penal Code, Section 16850, and listed on
the California Department of Justice Bureau of Firearms' roster
of approved firearm safety devices; or (2) approved in writing by
the California Department of Justice Bureau of Firearms as having
the equivalent effect to other approved devices. For purposes of this
chapter, a locked container does not include a bag or other container
made of fabric or other penetrable material, such as a regular purse,
backpack, or gym bag.
Peace Officer.
As defined and codified under Title
3, Chapter 4.5., Sections 830 through 832.18 of the California
Penal Code.
Residence.
Any structure intended or used for human habitation, including,
but not limited to, houses, condominiums, apartments, rooms, accessory
dwelling units, motels, hotels, vacation rentals, recreational vehicles,
and other vehicles where human habitation occurs. "Residence" also
includes the curtilage of the residence.
Trigger Lock.
A trigger lock that is either:
1.
Listed on the California Department of Justice Bureau of Firearms'
roster of approved firearms 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
under
Penal Code Section 23635.
2.
Approved in writing by the California Department of Justice
Bureau of Firearms as having equivalent effect to other approved devices
and is the appropriate make and model for the firearm the lock will
be used on.
Trunk.
A fully enclosed compartment that is separate from the main
cabin of the vehicle.
Vehicle.
As defined by California
Vehicle Code Section 415, any device
that can propel, move, draw people or property on a highway.
(Ord. 6145, 3/12/2024)
Nothing in this chapter affects a person's obligations
under California
Penal Code Section 25250 to report that a firearm
has been lost or stolen to local authorities within five days at the
time they knew or reasonably should have known that the firearm had
been lost or stolen.
(Ord. 6145, 3/12/2024)
Any person who violates any mandatory provision of this chapter shall be guilty of an offense punishable in accordance with Chapter
1.28 of this Code.
(Ord. 6145, 3/12/2024)