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6.H. -Page 11 of 12 <br />Ordinance/Statute <br />Elements to Prove a <br />Violation <br />Notable Exceptions <br />Penalties <br />Additional Elements for <br />would be on <br />First Degree <br />the premises <br />• Access resulted <br />in death or <br />Great Bodily <br />Injury (GBI) <br />Additional Elements for <br />Second Degree <br />• Access resulted <br />in injury other <br />than GBI or <br />• The firearm is <br />carried to a <br />public place <br />Typically, when state law and local ordinances overlap, law enforcement will first seek prosecution under <br />the state law and this would likely be the case here. As a practical matter, it is unlikely local law <br />enforcement would become aware of a violation of either the state law or local ordinance unless there <br />was some subsequent improper use of an improperly stored firearm and the state law carries greater <br />penalties when this occurs. In short, the state law is more narrowly focused on preventing the harm that <br />can result from improper storage, i.e., a child or prohibited person accesses a firearm and then does <br />something with it, and state law carries more serious punishment when this occurs, whereas the proposed <br />City ordinance (like the County ordinance) focuses solely on the manner in which a firearm is stored, <br />irrespective of any other factors. The City ordinance would likely be used only if the elements of the state <br />law could not be proven or the District Attorney declined to prosecute for some other reason. In the event <br />the District Attorney declined to prosecute a case under state law, the City could fall back on its ordinance <br />for prosecution through the City Attorney's office. <br />Under the proposed ordinance, the safe storage of firearms in a residence would require that: <br />(a) Except when carried on the person, no person shall keep a firearm in any residence unless the <br />firearm is stored in a locked container or is disabled with a trigger lock. <br />(b) To encourage reporting of lost or stolen firearms, a person who reports the loss or theft of a <br />firearm they own or possess to a local law enforcement agency within five days from the time <br />they knew or reasonably should have known the firearm had been lost or stolen shall not be <br />prosecuted for violation of subsection (a). <br />A violation of the ordinance would be subject to enforcement through criminal prosecution by the City <br />Attorney's Office and/or civil penalties. <br />Page 4 of 5 <br />.L <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.ore <br />241 <br />