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6.H. -Page 10 of 12 <br />exceptions and defenses. However, the state law also carries more significant penalties, up to and <br />including a felony conviction, based on how an unlawfully stored firearm is used after access is gained. <br />The City ordinance makes no such differentiation. The state law also prohibits possession of a firearm for <br />ten years after a conviction, while the City ordinance does not. <br />The provisions under the County ordinance, the proposed City ordinance, and State law are summarized <br />in the chart below. <br />Ordinance/Statute <br />Elements to Prove a <br />Notable Exceptions <br />Penalties <br />Violation <br />San Mateo County <br />• A firearm was <br />If the firearm is <br />• Misdemeanor, <br />Ordinance <br />present in a <br />physically carried <br />up to 6 months <br />Chapter 3.54 <br />residence <br />on the person <br />in county jail <br />• It was not <br />• Up to $1000 <br />stored in a <br />fine <br />locked <br />container or <br />with a trigger <br />lock <br />Proposed Redwood <br />• A firearm was <br />If the firearm is <br />• Misdemeanor, <br />City Municipal Code <br />present in a <br />physically carried <br />up to 6 months <br />37A.3 <br />residence <br />on the person <br />in county jail <br />• It was not <br />• Up to $1000 <br />stored in a <br />fine <br />locked <br />container or <br />with a trigger <br />lock <br />State Penal Code <br />• A firearm was <br />• Access is <br />First Degree — Felony, <br />Section 25100 et <br />kept on <br />obtained by <br />up to 3 years in state <br />seq. <br />premises under <br />illegal means <br />prison and $10,000 <br />This offense is <br />a person's <br />• Firearm was <br />fine. <br />divided into three <br />control <br />locked in a <br />degrees, each with <br />• The person <br />container or <br />Second Degree — <br />increasing penalties <br />knew or <br />otherwise <br />Misdemeanor, up to a <br />reasonably <br />secure <br />year in county jail, <br />could have <br />• Firearm was <br />$1,000 fine. <br />known it was <br />carried on the <br />likely a child or <br />person or in <br />Third Degree — <br />prohibited <br />close proximity <br />Misdemeanor, no <br />person could <br />• Firearm was <br />specified jail time, <br />access it, <br />used in lawful <br />no specified fine. <br />unless <br />self-defense <br />reasonable <br />• Person had a <br />In all cases a conviction <br />steps are taken <br />reasonable <br />of state law carries a <br />to prevent <br />expectation <br />ten-year firearm <br />access <br />that no child <br />possession prohibition. <br />Page 3 of 5 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore <br />240 <br />