Communities on the Move

These courageous efforts by local governments in the face of fierce gun lobby opposition have often led the way for new and improved gun laws at the state level—laws that prevent shootings and save lives.

Introduction

A fundamental function of local government is to pass laws that address specific needs of its community. Because they face fewer bureaucratic and political hurdles, local governments are also often incubators of pioneering policies, especially when it comes to gun violence prevention.

Recognizing and fearing this, the gun lobby has spent the past several decades seeking to prevent local governments from passing laws that regulate guns and gun owners. In most states, the gun lobby has successfully lobbied state governments to enact onerous firearm preemption laws that take regulatory power away from local governments—but not in California.

California: A Model for Gun Safety

State

California

Overall, California has the strongest gun safety laws in the nation and has been a trailblazer for gun safety reform for the past 30 years.

Gun Law Scorecard Grade: A

California has not fallen victim to gun lobby strong-arming and still allows local governments wide latitude to prevent gun violence in their communities.¹ Starting in the mid-1990s, California communities began passing hundreds of local laws that go above and beyond state and federal law to prevent gun violence and tragedies. This local activity has also acted as a catalyst for state laws. Many of California’s strong state gun laws were initially conceptualized and adopted at the local level.

The following is a sampling of state laws that began as local laws in California:

• Requiring child-safety firearm locks
• Prohibiting the sale and manufacture of unsafe handguns
• Requiring guns to be safely stored in vehicles
• Prohibiting the sale and possession of large capacity ammunition magazines
• Requiring gun dealer employees to undergo background checks
• Regulating ammunition sales
• Limiting handgun purchases to one per month

California communities continue to tirelessly advance new gun safety legislation, modeling new gun safety laws for the rest of the state and the nation. Giffords Law Center has been tracking these ordinances since 2000.

HERE TO HELP

Interested in partnering with us to draft, enact, or implement lifesaving gun safety legislation in your community? Our attorneys provide free assistance to lawmakers, public officials, and advocates working toward solutions to the gun violence crisis.

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Notes on Local Gun Law Data

The below data on local gun laws is from cities with populations of 90,000 or greater as of 2012 and counties with populations of 500,000 or greater as of 2013, as well as smaller counties and cities that have enacted several gun laws.

Requirements that only affect dealers of concealable firearms only are marked with an asterisk (*), and requirements that affect only dealers of ammunition are marked with a double asterisk (**).

Gun Dealer Laws

Special Permit Required to be a Firearm Dealer

Both federal and California law impose minimal requirements for firearm dealers to obtain state and federal licenses. Local oversight of gun dealers remains important to ensure that dealers are following local, state, and federal laws, and operating responsibly and safely. Local jurisdictions can ensure that law enforcement is aware of and monitoring the operation of gun dealers in a community by requiring dealers to get a local license in addition to state and federal licenses. 105 jurisdictions require firearm dealers to obtain a local license or permit in order to operate.

Additional Site Security and Safe Storage

California imposes modest requirements on gun dealers to keep their inventory safe from theft when the business is closed. Unfortunately, these requirements do not go far enough and perpetrators have begun using a method called “smash and grab”—when an assailant drives his or her car into the dealer—to steal guns from dealers, even those that are in compliance with California law. Local jurisdictions can do more to prevent gun thefts by requiring dealers to secure their inventory in ways that go above and beyond state law. Thirty-seven jurisdictions require firearm dealers to meet standards for site security and safe storage of inventory that are more rigorous than what is required by California Penal Code §26890 and §17110.

Requiring Firearm Dealers to Carry Liability insurance

While federal law provides the gun industry with sweeping and unprecedented immunity from civil lawsuits, there are still ways in which individuals who have been harmed by a gun dealer’s practices can obtain compensation. Thirty-eight jurisdictions require firearm dealers to carry liability insurance, typically with a minimum coverage of $1 million.

Home Occupation

Neither federal nor California law prohibit gun dealers from operating out of residential homes, allowing unscrupulous gun dealers to evade detection and possibly bringing criminals and illegal activity into residential neighborhoods. 85 jurisdictions either prevent firearm dealers from being located in residential areas or prohibit firearm sales as a “home occupation” (i.e., a home business).

Keeping Dealers away from “Sensitive Areas”

Laws that zone certain types of businesses, such as gun dealers, away from areas where children and families frequent or where dangerous behavior is more likely to occur is best left to local jurisdictions. These laws help ensure that criminal activity associated with firearm dealers does not take place near areas where there are a high concentration of children, and that exposure to guns is left to the discretion of parents. Thirty-four jurisdictions prohibit firearm dealers from operating within certain distances of “sensitive areas,” such as schools, day care centers, bars, and parks.

Requiring Dealers to Report Their Inventory

Requiring gun dealers to regularly report their inventory to law enforcement helps law enforcement solve crimes, and deters dealers from trafficking firearms. The following 11 jurisdictions require firearm dealers to periodically report their inventory to law enforcement.

• Beverly Hills
• Campbell
• Culver City
• Emeryville
• Los Angeles
• Oakland
• San Carlos
• San Francisco City and County
• San Mateo County
• Santa Monica
• West Hollywood

Requiring Dealers to Videotape Sales

Videotaping gun sales provides law enforcement with the evidence they need to solve certain gun crimes such as straw purchases and robberies. Videotaping sales also deters illegal activity at gun stores. Laws requiring videotaping are popular with the public and Walmart, the nation’s largest gun seller, began voluntarily videotaping gun sales in 2008. The following ten jurisdictions require firearm dealers to have a camera system in place that videotapes all firearm sales.

• Campbell
• Culver City
• El Cerrito
• Emeryville
• Pleasant Hill
• San Carlos
• San Jose
• San Mateo County
• Santa Cruz County
• San Francisco City and County

Requiring Dealers to Post Additional Notices

Requiring gun dealers to post notices about local laws, warnings about the dangers of keeping guns in the home, or information about suicide prevention helps ensure gun purchasers have necessary information to make informed choices and provides resources to a person in crisis. The following 12 jurisdictions require firearm dealers post additional notices and warnings in addition to what is required by state law.

• Campbell
• Cathedral City
• Culver City
• Emeryville
• Livermore
• Los Angeles
• Oakland
• San Carlos
• San Francisco City and County
• San Leandro
• San Mateo County
• West Hollywood

Prohibiting Unaccompanied Minors and Prohibited Persons from Entering Gun Stores

Individuals under age 21 and many categories of criminals and other dangerous people are prohibited from purchasing guns in California. Laws prohibiting these individuals from entering gun stores allow parents greater control over their children’s exposure to guns and ensures that guns are not accessible to people who are prohibited from having them. Fourteen jurisdictions require firearm dealers to deny entrance to unaccompanied minors and other people who are prohibited from owning a gun.

Requiring Regular Inspections of Gun Dealer Premises

Permitting local law enforcement to periodically inspect gun dealers for compliance with local, state, and federal laws helps prevent gun trafficking. The following five jurisdictions require that gun dealers be inspected by the police regularly.

• Chula Vista*
• Culver City
• Emeryville
• San Carlos
• Union City

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Public Property Laws

Regulating or Prohibiting possession of Firearms and/or Ammunition on Public Property

Laws prohibiting firearms on government property serve to keep guns out of spaces where the freedom of expression is particularly important, like polling places; near schools and other areas children frequent; and near places where disagreements are likely, such as courthouses. 152 jurisdictions regulate or prohibit the possession of firearms and/or ammunition on certain types of public property, such as in parks, recreation areas, and municipal buildings.

Regulating or Prohibiting Gun Shows or Events

A study by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) found that gun shows are the second largest source of illegally trafficked firearms. Laws that prevent gun sales or possession on government property reduce the number of gun shows as many gun shows are held on county fairgrounds or at other government-owned venues. By forcing gun sales into licensed dealerships, these laws can help keep guns out of the hands of prohibited persons and the illegal market. The following 10 jurisdictions regulate or prohibit the possession or sale of guns on government-owned property.

• Colma¹⁸
• Fresno County¹⁹
• Glendale
• Glendora²⁰
• Los Angeles County
• Marin County²¹
• San Diego County
• San Francisco City and County
• San Mateo County
• Santa Clara County
• Sacramento County²²
• Sonoma County²³

Prohibiting Guns at Protests or Demonstrations

Perceptions of safety are important to encouraging civic engagement and participation. The presence of firearms at gatherings where free expression is taking place is likely to intimidate some participants and chill speech. The presence of concealed firearms in large crowds or where tensions run high also presents public safety risks associated with the accidental or intentional discharge of a gun. The following jurisdictions have prohibited the carrying of guns at protests or demonstrations.

• Beverly Hills
• Covina
• Hollister
• Los Angeles
• San Carlos
• San Francisco City and County

Safe Storage Laws

Safe Storage in the Home

Safe storage laws require gun owners to store their unattended guns in residences in locked containers or with locking devices to prevent access by unauthorized users. These laws help prevent accidental shootings, suicides, and firearm thefts during home burglaries. Over 40 jurisdictions require safe storage in the home.

Safe Storage in Vehicles

Vehicle break-ins are common in California and guns stolen from vehicles have been involved in several high profile shootings in recent years. The following three jurisdictions require owners who leave guns in their unattended vehicles to store them safely.

• Davis
• Oakland
• San Francisco City and County

Firearm Loss and Theft Reporting

Closely related to safe-storage laws are laws that address what happens when a gun is stolen. Loss and theft reporting laws, in place in 19 local jurisdictions, require gun owners to inform local law enforcement when their firearm is stolen or goes missing. This serves many public safety functions, including deterring gun trafficking and straw purchasing, and helping law enforcement recover and return lost or stolen guns to their rightful owners. As of 2016, state law (Penal Code § 25250) also requires the reporting of lost or stolen guns to local law enforcement within five days, but many of the below jurisdictions require that a report be made faster than five days — e.g., 48 or 72 hours.

GET THE FACTS

Gun violence is a complex problem, and while there’s no one-size-fits-all solution, we must act. Our reports bring you the latest cutting-edge research and analysis about strategies to end our country’s gun violence crisis at every level.

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1. See Suter v. City of Lafayette, 67 Cal. Rptr. 2d 420 (Cal. Ct. App. 1997).[↩]
2. Applies only in unincorporated areas.[↩]
3. Only applies to grandfathered dealers operating home occupations.[↩]
4. Not permitted in zones where residential use is the principal permitted or maintained use.[↩]
5. Not permitted in residential-only zones.[↩]
6. Applies only to dealers licensed after June 2011.[↩]
7. Federal firearms licensees who were doing business as of February 3, 2016, are exempt from the general ban on residential dealers.[↩]
8. Federal firearms licensees who were doing business prior to 1994 and meet several requirements are exempt from the general ban on residential dealers.[↩]
9. Dealers are only prohibited from operating in single-family residence zoning districts. Dealers are not prohibited from other residential districts, such as mixed commercial-residential districts.[↩]
10. Grandfathered home dealers are the only dealers not subject to these restrictions.[↩]
11. Federal firearms licensees who were doing business as of February 3, 2016, and meet several requirements are exempt from the specified distance limitations.[↩]
12. Federal firearms licensees who were doing business as of May 4, 1994, and meet several requirements are exempt from the specified distance limitations.[↩]
13. City may grant consent to carry.[↩]
14. City manager may grant consent to carry.[↩]
15. Applies only to loaded firearms or shotguns.[↩]
16. Does not explicitly forbid possession in any particular public spaces, but bans possession “in public places near or at which school children attend.”[↩]
17. City may grant consent to carry.[↩]
18. Prohibits sale on parks and recreation property.[↩]
19. Indirect prohibition, prohibits possession of firearms on all county property.[↩]
20. Indirect prohibition, prohibits possession of firearms on all city property.[↩]
21. Indirect prohibition, prohibits possession of firearms on all county property except for CCW permit holders.[↩]
22. Indirect prohibition, prohibits possession of firearms on all county property.[↩]
23. Indirect prohibition, prohibits possession of firearms on all county property except for CCW permit holders.[↩]
24. Only applies when the gun owner leaves the home.[↩]
25. Only applies to handguns.[↩]