• What are "ghost guns"?
  • Ghost guns are untraceable privately made firearms without serial numbers, assembled from components bought online or made through 3D printing.
• Why are ghost guns a problem?
  • People who purchase these components online or who print them at home are not required to undergo background checks or register the weapons. The parts used to build them are classified as components, not actual guns, in federal regulations.
• What is the goal of San José’s Privately Made Firearm Ordinance?
  • The goal is to reduce gun harm in the City of San José. Ghost guns pose a public safety concern because they can easily get in the hands of those banned from gun ownership.
• What will the Privately Made Firearm Ordinance do?
  • The Privately Made Firearm Ordinance will prohibit the manufacture, assembly, possession, transfer, or sale of unfinished frames or receivers unless they are imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice. Exemptions apply, and they are detailed on page 5 of the Privately Made Firearm Ordinance.
• Are there any existing federal or state laws regulating ghost guns or gun parts kits?
  • There are new federal regulations that took effect on August 24, 2022. There are state regulations in effect including AB 857, and AB 879. In addition, Governor Newsom announced a set of gun harm legislation in February 2022, including AB 1621 which further prohibits un-serialized firearms in the state. AB 1057 adds a frame, receiver, or precursor part to the definition of "firearm" for the purpose of surrender or seizure related to a Gun Violence Restraining Order and a domestic violence restraining order.
• When will ghost gun owners need to be compliant with the ordinance?
  • Following a second reading on May 17, 2022, the ordinance went into effect after June 16, 2022. Active enforcement of the ordinance will begin 120 days following the effective date, for residents of San José who are in possession of un-serialized frames or receivers. Owners of un-serialized firearms must obtain a serial number from the California Department of Justice immediately.
• How will the privately made firearm ordinance be enforced in San José?
  • When the Police Department discovers, through the normal course of business, an un-serialized, unmanufactured part applicable under this ordinance, they will consider enforcement. As always, Department personnel will decide on enforcement based on the totality of the circumstances.
    • Enforcement could happen either under Chapter 1.08 or Chapter 1.15 of the municipal code.
      • 1.08 - It would be enforced as a misdemeanor with a maximum penalty of one year in county jail and/or a fine up to $1,000.
      • 1.15 - It would result in a fine. Amount to be determined by the City Manager in fall 2022, however the default amount is $25.
• What happens if a person is not compliant with the ordinance?
  • Persons may become compliant by going to the DOJ’s website and requesting a serial number.
  • Enforcement will follow the description above.
• Have other jurisdictions done this?
  • Yes, other major California cities have banned the possession, sale, and transfer of un-licensed and UN-serialized firearms, and unfinished and un-serialized frames and receivers including San Francisco, Oakland, Los Angeles and San Diego.
• What else is San José doing to reduce gun harm?
  • On February 8, 2022, the San José City Council adopted the Gun Harm Reduction Ordinance. See below for more information.

Gun harm reduction ordinance

• What is the Gun Harm Reduction Ordinance?
  • The full ordinance can be found online here. There are two parts to this ordinance:
    • Liability insurance: This requires San José residents that own or possess a firearm in the City to obtain and continuously maintain a homeowner’s, renter’s or gun liability insurance policy that specifically covers losses or damages resulting from accidental use of the firearm, including but not limited to death, injury, or property damage.
    • Annual gun harm reduction fee: If you live in San José and own or possess a firearm in the City, you must pay an annual gun harm reduction fee to the designated nonprofit organization each year.

• When does the ordinance take effect?
  • The liability insurance requirement took effect on January 1, 2023. All gun owners living in San José must have insurance in compliance with the ordinance by that date.
  • A precise date for collection of the fee has not yet been set. Gun owners will be required to pay the fee only after the City establishes an implementation date.
  • The ordinance took effect 180 days after the final adoption by Council, which was on Feb. 8, 2022. The ordinance took effect on August 8, 2022, however the insurance requirement and the gun harm reduction fee did not immediately come into effect on that date. The insurance requirement took effect on January 1, 2023.

Liability insurance

• Who is required to obtain liability insurance?
  • All San José residents that own or possess a firearm in the City.
• When do gun owners need to purchase liability insurance?
  • If you own or possess a firearm, you will need to have an insurance policy in effect no later than January 1, 2023.
• What are the insurance requirements?
  • Gun owners must have a homeowner’s, renter’s or gun liability insurance policy for their firearm(s). The insurance policy must cover losses or damages resulting from accidental use of the firearm including but not limited to death, injury, or property damage.
• What are the minimum limits of coverage mandated by the City?
  • Coverage minimums are not mandated in the insurance requirements of the Ordinance.

• How do I know whether my homeowner's or renter's insurance policy satisfies the insurance requirement?
  • The Gun Harm Reduction Ordinance provides that gun owners may comply with the insurance requirement through a homeowner's or renter's insurance policy that covers losses or damages resulting from accidental use of a firearm. (It's also possible to comply with the insurance requirement through a specialized gun liability insurance policy, but this section focuses on how to determine whether your homeowner's or renter's policy meets the requirement.) When reviewing your insurance policy or talking with your insurance agent, there are two questions you can ask to determine whether your homeowner's or renter's policy provides the required coverage:
  1. Does your policy provide liability coverage for accidents that occur in the home? Liability coverage is a common component of homeowner’s or renter’s insurance. If your policy includes this coverage, then move on the question 2 below. If it doesn’t include this coverage, then your policy does not meet the requirements of the Gun Harm Reduction Ordinance.
  2. Does your policy explicitly exclude accidents that involve firearms from the liability coverage? Most policies that provide liability coverage will also list certain types of incidents that are excluded from the liability coverage. For example, a homeowner’s insurance policy may exclude any harm caused by lead paint or asbestos exposure from its liability coverage. If there is no such exclusion accidents involving firearms, then your policy meets the requirements of the Gun Harm Reduction Ordinance; if there is an exclusion, it does not.

  In summary, if the answer to the Question 1 is “yes” and the answer to Question 2 is “no,” then your policy satisfies the insurance requirement of the Gun Harm Reduction Ordinance.

• When and where will the insurance forms be made available?
  • The insurance forms are available via this link, and hard copies are available at San José City Hall and the San José Police Department.
• How must gun owners provide evidence of their liability insurance?
  • A City of San José insurance attestation form must be kept wherever guns are stored or transported.
• How will the liability insurance requirement be enforced?
  • Any firearm discovered without an insurance attestation form will trigger a report by the police department and may result in an administrative citation. Fees start at $250. Appeal for administrative citation(s) will be heard by the City.
• Is anyone exempt from the liability insurance requirement?
  • Yes, the following people are exempt from the liability insurance requirement:
    • Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code (§830 et seq.), including sworn peace officers, active reserve peace officers and retired peace officers.(Need to provide proof of eligibility for the exemption - show ID from issuing agency upon request; police to verify employment upon contact)
    • Those persons who have a license to carry a concealed weapon issued pursuant to California Penal Code § 26150 or § 26155, for as long as these statutes are legally enforceable. (Need to provide proof of eligibility for the exemption – show CCW license upon request)
    • Those persons for which compliance with this Part would create a financial hardship. (Details included on the attestation form.)

Annual gun harm reduction fee

• How much will the annual gun harm reduction fee be?
  • The fee is not currently being collected, but it is tentatively set to be $25.
• Is the fee per gun or per gun owner/household?
  • The fee is per household.
• Who must pay the annual gun harm reduction fee?
  • All San José residents that own or possess a firearm in the City will be required to pay the fee to a nonprofit designated by the City. The implementation date for this annual fee has been extended by the City Manager and has not yet been set.
• When, where, and how do gun owners pay the gun harm reduction fee?
  • Information about the fee and payment is being developed.
• Is there a timeline for implementation of the gun harm reduction fee? 
  • The City has begun the implementation process and is actively seeking a nonprofit to collect the fee and provide services as defined in the ordinance via a Request for Proposals posted on September 22, 2023.
• Who collects the gun harm reduction fee?
  • There will be a nonprofit designated to collect the fee and provide services as defined in the ordinance. The nonprofit has not yet been designated, however the City is actively seeking to select one via a Request for Proposals posted on September 22, 2023.
• What will the collected gun harm reduction fees be used for?
  • A designated nonprofit organization will use these fees to provide voluntary services to residents of the City that own or possess a firearm, to members of their household, or to those with whom they have a close familial or intimate relationship. Such expenditures may include, but are not limited to the following:
    • Suicide prevention services or programs
    • Violence reduction services or programs
    • Addiction intervention and substance abuse treatment
    • Mental health services related to gun violence
    • Firearms safety education or training
• When will these services be made available?
  • Availability of services will depend on funding and capacity. These programs will be developed in the future as the ordinance is implemented. The designated nonprofit will oversee the coordination of these services.
• Is anyone exempt from the annual gun harm reduction fee?
  • The following individuals are exempt from the requirements of the Gun Harm Reduction Ordinance:
    • Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code (§830 et seq.), including sworn peace officers, active reserve peace officers and retired peace officers.  (Need to provide proof of eligibility for the exemption - show ID from issuing agency upon request; police to verify employment upon contact)
    • Those persons who have a license to carry a concealed weapon issued pursuant to California Penal Code § 26150 or § 26155, for as long as these statutes are legally enforceable. (Need to provide proof of eligibility for the exemption – show CCW license upon request)
    • Those persons for which compliance with this Part would create a financial hardship.
• How will the gun harm reduction fee be enforced?
  • When the gun harm reduction fee is paid, a receipt will be provided by the non-profit. The receipt must then be kept with the firearm and will be valid for one year. Discovery of a firearm without a receipt may garner an administrative citation.