The City of Petaluma, California has adopted a requirement that all firearms within the city limits must be disabled with a locking device or placed in a locked container inside the home.
But, is that constitutional under a landmark 2008 Supreme Court ruling in District of Columbia v. Heller? On Page 58 of that ruling, the late Justice Antonin Scalia wrote, “We must also address the District’s requirement (as applied to respondent’s handgun) that firearms in the home be rendered and kept inoperable at all times. This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.”
According to Petaluma360, the ordinance was passed unanimously this week. The story quoted Deputy Police Chief Brian Miller, who asserted, “Ultimately (the ordinance) makes owners of firearms be more responsible and accountable for their weapons.”
However, the story noted skeptics say the ordinance is unenforceable. The quick access for self-defense issue was also raised.
The Santa Rosa Press Democrat reported that Petaluma City Manager Peggy Flynn responded to critics by pointing to a study done by Everytown for Gun Safety. She also asserted that this ordinance will give police “another tool when they respond to domestic violence cases or other situations where PPD enters homes and view a firearm not being properly stored.”
Still, the requirement appears ripe for a court challenge, using language from Heller. There has not been any indication of a challenge.
Petaluma is a city some 38 miles north of San Francisco in Sonoma County.
