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HomeMy WebLinkAboutItem 8.1 - 3348 Gun Violence Prevention Policies (2) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Gun Violence Prevention Policies Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on the regulatory framework for concealed and open carry firearms, firearm dealerships, firearm storage, and gun violence restraining orders. The report will also detail regulations local governments may enact to prevent or curtail gun violence. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: On June 9, 2020, the City Council requested an informational report on gun violence prevention. Specifically, the City Council requested a report detailing the regulatory framework for concealed and open carry of firearms, firearm dealerships, firearm storage, and firearm violence restraining orders. This report will detail Federal and State regulations as well as local regulatory options local governments may enact to prevent or curtail gun violence. Concealed Carry State law permits individuals with a Concealed Carry Weapon (CCW) License to carry a concealed, loaded firearm in certain areas. There are very limited circumstance s where an individual can carry a loaded concealed firearm without this license, including circumstances where an individual has filed a restraining order and reasonably believes they require a firearm for their own protection. Peace officers, active or honorably retired, may carry concealed firearms in public without a concealed carry permit. CCW licenses are issued through county or city law enforcement agencies who may Page 2 of 4 issue a license only after proving the applicant (1) clears a background check provi ng they are not prohibited by Federal or State law from possessing, receiving, owning, or purchasing a firearm; (2) demonstrates that good cause exists for the issuance of a license; (3) meets any residency requirements; and (4) successfully completes a fi rearm safety course (eight hours for new licenses, four hours for renewals). The issuing agency may require a psychological test for an applicant. The CCW license application must not take longer than 90 days or 30 days once the background check portion ha s been completed. The issuing agency has the discretion whether to issue a CCW license. If the issuing agency determines to not issue a CCW license, they must provide to the applicant a notice with the reasons for the denial. The standard CCW license is valid for two years while special licenses reserved for judges and sheriff’s employees are valid for three and four years, respectively. In Alameda County, the CCW license program is administered by the Alameda County Sheriff’s Office. CCW licensees can generally carry their firearm in most places, including counties other than that in which the license was issued. California Penal Code Section 171b prohibits the possession of a firearm within any state or local public building or at any public meeting, unless that person has a valid CCW license. The State sets restrictions on this by limiting concealed carry in schools, businesses which sell alcohol for consumption, and courtrooms. The local jurisdiction issuing a CCW license must revoke a license if it is notified by the California Department of Justice (CalDOJ) that the licensee has been prohibited from possessing firearms. Beyond these regulations, several Alameda County jurisdictions have enacted further restrictions on where individuals with CCW permits may carry a concealed weapon. Alameda County prohibits the possession of firearms on County property, while the cities of Albany, Fremont, Newark, Oakland, and Union City all specifically prohibit the carrying of firearms in their parks. Hayward prohibits them in their municipal airport. Dublin prohibits the concealed carry of weapons, including firearms, in the City Council Chambers. However, duly appointed peace officers and any person who receives a waiver from the Chief of Police may be exempted from these provisions. Open Carry The State generally prohibits the open carry, or visible carry, of a firearm. However, peace officers, military personnel, and licensed hunters may openly carry a firearm under certain circumstances. Sheriffs of rural counties (<200,000 population) may issue open carry licenses, akin to CCW licenses. Those licenses are, however, only valid in said rural county. This provision does not apply to Alameda County. Firearm Dealerships The permitting and licensing of firearm dealerships require approvals at the Federal and State level and may also require additional approvals at the local government level. The Federal Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) require all gun dealers to apply for a license to sell firearms. Page 3 of 4 The CalDOJ licenses firearm dealers. The State licensing program requires firearms dealers to undergo criminal background checks and secure additional permits and licenses from the State Board of Equalization and, if required, local governments. The State requires local licenses to be either in a form set by the Attorney General or a Business License which states that it is valid for retail sale of firearms. If a local jurisdiction does not require any form of regulatory or business license or does not restrict or regulate the sale of firearms, said jurisdiction has to provide a letter stating as such to the CalDOJ during the State licensing process. Beyond this, local governments may enact further restrictions on firearm dealers to address community concerns around access and safety. Such regulations might take the form of land use regulations, permitting/licensing programs and other regulations designed to protect public safety. Firearm Loss, Theft, and Reporting California Law requires firearms dealers to report any loss or theft of a firearm or ammunition to the local law enforcement agency within 48 hours. For individuals, the State deadline to report the loss or theft of their gun is five days. This timeframe for individuals may be shortened by local ordinances. For example, the City of Berkeley requires reporting within 48 hours. Gun Storage The State of California now requires all firearms sold by a licensed dealer to include a CalDOJ-approved firearm safety device. These devices are designed to prevent the unintentional discharging of the weapon by an individual or child not authorized by the firearm owner. Firearm safety devices are not required if the person purchasing the firearm has provided proof of owning a gun safe, or they have their own firearm safety device. However, a City may require firearms to be sold with such devices regardless of the State exemption. Cities may also enact ordinances prohibiting a person from keeping a firearm in any residence unless the firearm is stored in a locked container, safe, and/or the firearm’s trigger lock is engaged. These ordinances do not prohibit a person from carrying such a weapon in their residence. Similarly, the State also requires keeping a firearm in a locked container or with a trigger lock only in instances where the gun owner resides with a person who is prohibited from possessing a firearm. Outside of an individual’s residence, a city may also prohibit keeping a firearm or ammunition in an unattended vehicle unless it is secu red in a lock box and stored in an inconspicuous location (i.e. trunk). Gun Violence Restraining Orders If an individual poses a threat to themselves and/or others, family members or law enforcement officers may seek a Gun Violence Retraining Order. Issue d by local judges, these orders temporarily prohibit an individual from possessing or purchasing a firearm or ammunition, permits the police to temporality confiscate any firearms or ammunition, and sets the procedures for that person to receive back any c onfiscated firearms or ammunition. Page 4 of 4 Existing Local Regulations The City’s current regulations include prohibiting the discharging of firearms within the City. The City prohibits minors from obtaining a dangerous weapon or firearm, unless they are under the direct supervision and control of an adult or parent, or if said minor is using the weapon for lawful employment or recreation. As mentioned earlier, the City generally prohibits concealed firearms within the City Council Chambers. The City has not enacted specific regulations regarding firearm dealerships or firearm storage. The City’s existing firearm dealer involves a business which also sells other outdoor sporting/hunting goods such as fishing supplies, hunting gear, and maintains an indoor firing range. This part of the business is treated as Indoor Recreation under the City’s Zoning Code. Next Steps This item is presented for informational purposes only. The City Council may provide Staff feedback on next steps, if any. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. Item 8.1 Gun Violence Prevention Policies October 6, 2020 Background •June 9, 2020 Item 9 Request •Report detailing regulatory framework for: 1.Concealed Carry 2.Open Carry 3.Firearm Dealerships 4.Firearm Storage 5.Firearm Violence Restraining Orders •This presentation will detail these regulations as well as options local governments may enact to prevent or curtail gun violence. Concealed Carry •State law permits individuals with a Concealed Carry Weapon (CCW) license to carry a concealed, loaded firearm in certain areas. –Limits on schools, businesses that sell alcohol for consumption, and courtrooms. •Local jurisdictions can place additional restrictions on where one may carry a concealed weapon: –Public parks –Municipal airports –Other types of public property Open Carry •The State generally prohibits the open or visible carry of a firearm. –Exclusions in certain circumstances for peace officers, military personnel, and licensed hunters. •Open Carry Licenses are only issued and valid in rural counties (<200,000 population). Firearm Dealerships •The permitting and licensing of firearm dealerships requires approvals at the Federal and State level. –Local governments may enact additional restrictions through: •Land use regulations •Permitting/licensing programs •Other regulations designed to protect public safety Reporting Lost or Stolen Firearms •State law requires firearm dealers to report any loss or theft of a firearm or ammunition to local law enforcement within 48 hours. •For individuals, the deadline to report the loss or theft is 5 days. –Cities may shorten this timeframe. Gun Storage •The State requires all firearms sold by licensed dealers to include a CalDOJ approved firearm safety device. –Not required if purchaser can provide proof of owning such a device or gun safe. •Cities can require safety devices to be sold regardless of this State exemption. Gun Storage, 2 •Cities can further regulate gun storage by prohibiting the: –keeping a firearm in any residence unless the firearm is stored in a locked container, safe, or with a trigger lock engaged. –keeping a firearm or ammunition in an unattended vehicle unless its in a secured lockbox and in an inconspicuous location. Gun Violence Restraining Orders •If someone poses a threat to themselves and/or others, family members or law enforcement may seek a Gun Violence Restraining Order. •Issued by local judges, the order temporarily: –Prohibits an individual from possessing or purchasing a firearm or ammunition. –Permits the police to confiscate any firearms or ammunition. –Sets the procedures for the return of any confiscated items. Current City Regulations •City’s regulations on firearms include: –Prohibiting the discharging of firearms in the City. –Prohibiting minors from obtaining a dangerous weapon unless under the direct supervision/control of an adult, or if they are using the weapon for lawful employment or recreation. –Prohibiting concealed firearms within the Council Chambers, generally. •No specific regulations on firearm dealerships or storage. Next Steps •This item is presented for informational purposes only. •The City Council may provide feedback on next steps, if any.