If you own a firearm in San Jose, four local rules apply on top of California and federal law: you must carry liability insurance covering firearm incidents, keep a signed attestation form with your gun, store the firearm locked when you leave home, and report a loss or theft to police within 48 hours. A $25 annual gun harm reduction fee is also on the books but is not currently being collected. San Jose gun laws are codified in Chapter 10.32 of the Municipal Code, and they go further than any other city in the country on insurance and fee requirements.
Liability Insurance and the Attestation Form
San Jose Municipal Code Section 10.32.210 requires every person who owns or possesses a firearm in the city to carry a liability policy covering losses or damages from the negligent or accidental use of that firearm. A standard homeowner’s or renter’s policy qualifies if it includes firearm-related coverage for bodily injury, death, and property damage. A policy that specifically excludes firearm incidents does not.
The city sets no minimum coverage amount, and there is no dollar threshold you have to hit.1San Jose Police Department. Training Bulletin 2022-034 – San Jose Municipal Code Addition: Reduction of Gun Harm If you are unsure whether your policy covers you, the city tells gun owners to talk to their insurance agent; officers are instructed not to advise on coverage specifics.
How You Prove You Have It
You do not prove compliance by showing the policy itself. You complete and sign a city-designated attestation form that lists your insurance company and policy number, signed under penalty of perjury. The form has to stay with your firearms wherever they are stored or transported, and you must produce it on lawful request by a peace officer.2Municode Library. San Jose Code of Ordinances Title 10 – Section 10.32.230 Change carriers or get a new policy number, and you need to fill out a fresh form.
A firearm found without an accompanying attestation form triggers a police report and can draw an administrative citation. Insurance-related violations start at $250.3San Jose Police Department, CA. Gun Harm Reduction Ordinance
The $25 Annual Gun Harm Reduction Fee
San Jose Municipal Code Section 10.32.220 creates an annual fee tentatively set at $25 per household, not per firearm, intended to fund suicide prevention, domestic violence intervention, and mental health services connected to gun violence. The fee is not currently being collected. The city has been looking for a nonprofit to administer the program since posting a Request for Proposals in September 2023, and the City Manager has extended the implementation date with no collection start date announced as of the most recent city update.3San Jose Police Department, CA. Gun Harm Reduction Ordinance
Once the fee activates, every San Jose resident who owns or possesses a firearm will have to pay the designated nonprofit. The payment receipt will need to be attached to your insurance attestation form and kept with your firearms, and a gun found without a valid receipt can draw an administrative citation.3San Jose Police Department, CA. Gun Harm Reduction Ordinance
Both the insurance mandate and the fee survived a 2023 federal court challenge. A judge dismissed Second Amendment claims against both provisions, and a First Amendment challenge to the fee was dismissed with leave to refile once a nonprofit is actually selected. Both ordinances remain valid law.
Locked Storage When You Leave Home
San Jose Municipal Code Section 10.32.170 requires you to store firearms in a locked container, or disable them with a trigger lock, before leaving your residence. The duty attaches whenever you walk out the door, not only when a child is present. This is stricter than California’s criminal storage statute, which generally only applies when a child or prohibited person actually gains access.4Municode Library. San Jose Code of Ordinances Title 10 – Section 10.32.170
Definitions matter. A “locked container” tracks California Penal Code Section 16850: a fully enclosed container with a padlock, key lock, or combination lock. A latched nightstand drawer does not count. A trigger lock has to appear on the California Department of Justice roster of approved firearm safety devices and must be listed as appropriate for your firearm’s specific make and model.5Municode Library. San Jose Code of Ordinances Title 10 – Section 10.32.160
State Criminal Penalties Layered on Top
California Penal Code Section 25100 creates separate criminal liability if you negligently store a firearm and a child or prohibited person gains access. Penalties scale with the harm:
- First degree, where death or great bodily injury results: up to three years in state prison, a fine up to $10,000, or both.
- Second degree, covering other injury or the child carrying the gun to a public place: up to one year in county jail, a fine up to $1,000, or both.
- Third degree, negligent storage where a child is likely to access the firearm regardless of outcome: a misdemeanor.
These state penalties stack on top of any San Jose municipal violation, so careless storage can create exposure at both levels.6California Legislative Information. California Penal Code Section 25100
Reporting a Lost or Stolen Firearm
San Jose Municipal Code Section 10.32.110 requires a report to the San Jose Police Department within 48 hours of discovering a firearm missing. The clock runs from when you knew or reasonably should have known, not from when the theft actually occurred. Include the serial number, make, model, caliber, and any unique markings or modifications.
There is a strong practical reason to move faster than 48 hours. The safe storage ordinance shields you from storage-related prosecution if you report the theft or loss within 24 hours.4Municode Library. San Jose Code of Ordinances Title 10 – Section 10.32.170 Even if the stolen gun was not locked up the way the ordinance requires, a report inside that first day blocks the storage charge. Keep the case number; it also documents that the weapon was out of your possession if it later surfaces in a crime.
No equivalent federal reporting duty applies to private owners. Federal law only requires licensed dealers to report thefts and losses to the ATF.
Where You Cannot Carry in San Jose
A valid concealed carry permit does not get you into every building. City-owned facilities, including parks, community centers, and administrative buildings, restrict firearm possession. Private property owners can also prohibit firearms, and the burden sits on the gun owner to confirm whether carrying is allowed before entering.
Federal Buildings
Federal buildings in San Jose carry their own prohibition under 18 U.S.C. § 930, which covers any building or portion of a building owned or leased by the federal government where federal employees regularly work. Knowingly bringing a firearm into a federal facility is punishable by up to one year in prison. Bringing one with intent to commit a crime raises the exposure to five years. Possession in a federal courthouse carries up to two years.7Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
Federal facilities must post notice of the restriction at every public entrance. Without posted notice, a conviction requires actual knowledge of the prohibition. Law enforcement officers, authorized federal officials, and members of the Armed Forces acting in their duties are exempt.7Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
Transporting Firearms Through or Out of the City
By Vehicle
The Firearms Owners Protection Act, 18 U.S.C. § 926A, provides safe passage for anyone transporting a firearm between two places where possession is legal, even through stricter jurisdictions along the route. The firearm must be unloaded, and neither the gun nor the ammunition can be readily accessible from the passenger compartment. In a vehicle without a separate trunk, both have to be in a locked container other than the glove compartment or center console.8Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
This federal protection only covers transit. Stop in San Jose for an extended stay and keep the firearm at a residence, and the city’s insurance, attestation, storage, and fee requirements all apply.
By Air
Flying with a firearm out of San Jose International requires compliance with TSA rules. Firearms travel in checked baggage only, never carry-on. The gun must be unloaded and locked in a hard-sided container that cannot be easily opened. Declare the firearm to the airline at the ticket counter every time you check it. TSA considers a firearm loaded if it has a live round in the chamber, cylinder, or an inserted magazine, and treats a gun as loaded for enforcement purposes when both the firearm and ammunition are accessible to the passenger.9Transportation Security Administration. Transporting Firearms and Ammunition
The manufacturer’s original box may not meet the hard-sided container standard. Check with your airline before traveling, since individual carriers can add restrictions or fees beyond the TSA baseline.