Loading...
HomeMy WebLinkAboutItem 4.5 - 3520 2nd Reading Safe Firearm Storage Ordinance Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Second Reading of an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. The first reading of this ordinance was held at the December 1, 2020 Regular City Council Meeting. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. FINANCIAL IMPACT: None. DESCRIPTION: Background At its October 6, 2020 meeting, the City Council received an informational report on gun violence prevention policies. Following this presentation, the City Council requested that Staff return with an Ordinance enacting safe storage of firearms regulations. At its December 1, 2020 meeting, the City Cou ncil held the first reading of an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. A copy of the December 1, 2020 Staff Report is attached. Proposed Ordinance The proposed ordinance seeks to curb access to firearms by children and other unauthorized individuals who may be at risk of harming themselves or others. The Page 2 of 2 proposed ordinance prohibits a person from keeping a firearm in any residence unless the firearm is stored in a locked container or the firearm’s trigger lock is engaged. Violations of the ordinance shall constitute a misdemeanor and upon conviction be punished in accordance with DMC 1.04.030. Next Steps The proposed Ordinance shall take effect and be enforced 30 days following its adoption. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copies of the proposed Ordinance were mailed to the City’s existing firearm dealers on November 25, 2020. ATTACHMENTS: 1. Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms 2. December 1, 2020 Staff Report ORDINANCE NO. XX - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING CHAPTER 5.89 (SAFE FIREARM STORAGE) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE REGARDING THE SAFE STORAGE OF FIREARMS WHEREAS, according to Everytown Research and Policy, in 2020 alone there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally and seven unintentional shootings by children in California, resulting in two deaths and five injuries; and WHEREAS, from 2014 to 2018, there were 629 gun-related deaths within Alameda County according to the Centers for Disease Control and Prevention; and WHEREAS, the unsafe storage of firearms threatens public health and safety in the United States. A 2016 study of gun owners published in the American Journal of Public Health found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not lock up all of their guns, let alone store them unloaded, trigger-locked, and separate from ammunition; and WHEREAS, in 2018, a study published in the Journal of Urban Health found that roughly 4.6 million children and youth under age 18 were living in homes with loaded and unlocked firearms. In addition, a study published in 2006 in the Archives of Pediatric and Adolescent Medicine found that 73% of children under age 10 living in homes with guns reported knowing the location of their parents’ firearms. The same study demonstrated that parents often believe, incorrectly, that their children do not know the location of guns stored in the home or that their children have not handled their parents’ firearms; and WHEREAS, many young children, including toddlers, are strong enough to fire handguns. A Washington Post report in 2015 showed that toddlers were responsible for an average of one shooting a week that year. In 2013, more preschoolers were shot to death (82) than police officers (27) according to data from the Centers for Disease Control and Prevention and the Federal Bureau of Investigation published in October 2015 by the New York Times; and WHEREAS, a 2010 study in the journal “Suicide and Life-Threatening Behavior” found that over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a family member. According to the Centers for Disease Control and Prevention 637 children die by gun suicide each year on average; and WHEREAS, Research from JAMA Pediatrics found that the safe storage of firearms can reduce firearm suicide and unintentional firearm fatalities among youth ; and WHEREAS, the American Academy of Pediatrics recommends that for individuals who choose to keep guns in the home, the firearms should be kept unloaded, and locked in a separate location from ammunition; and WHEREAS, unsecured guns are susceptible to theft and pose a significant public health and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey data suggests that approximately 380,000 guns are stolen from individual gun owners each year and that gun owners who do not safely store their firearms are significantly more likely to have their guns stolen. Reporting from The Trace in 2017 also disclosed that between 2006 and 2016, the number of guns reported stolen from individuals increased by approximately 60%; and WHEREAS, requiring firearms to be stored with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home. For example, affordable lockboxes with Simplex-type locks, which pop open immediately when several keys or pushbuttons are touched in a preset sequence, are widely available. Users report that they can retrieve a loaded weapon in just two to three seconds, and that the locks are also easy to open in the dark. A publication of the Education & Training Division of the National Rifle Association describes this type of lockbox as providing “a good combination of security and quick access.” Some lockboxes also feature biometric locks, which provide immediate access when they scan the owner’s fingerprint; and WHEREAS, the City intends to reduce gun violence and gun -related injuries through this Ordinance. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Chapter 5.89 of the Dublin Municipal Code is hereby added to read as follows: Chapter 5.89 SAFE FIREARM STORAGE 5.89.010. Definitions A. “Firearm” means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time. B. “Locked Container” means a locked container as defined in California Penal Code, Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. C. “Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, Single Room Occupancy units (SROs), time shares, mobile homes, and recreational and other vehicles where human habitations occurs. D. “Trigger Lock” means a trigger lock that is listed on the California Department of Just ice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code, Section 23635. 5.89.020. Prohibitions A. No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. 5.89.030. Exceptions. This Chapter shall not apply in the following circumstances: A. The firearm is carried on the person of an individual in accordance with all applicable laws. B. The firearm is under the control of a person who is a peace officer under California Penal Code Section 830. 5.89.040. Penalty Every violation of this Chapter shall constitute a misdemeanor and upon conviction shall be punished in accordance with Section 1.04.030. Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumst ance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinan ce, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 15th day of December 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: ___________________________________ City Clerk Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 1, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Introduction of An Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms. FINANCIAL IMPACT: None. DESCRIPTION: Background At its October 6, 2020 meeting, the City Council received an informational report on gun violence prevention policies. Following this presentation, the City Council requested that Staff return with an Ordinance enacting safe storage of firearms regulations. Policy Context The unsafe storage of firearms threatens public health and safety. A 2016 study of gun owners published in the American Journal of Public Health found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not lock up all of their guns, let alone store them trigger-locked, unloaded, and separate from ammunition. In 2020 alone, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally and seven unintentional shootings by Page 2 of 2 children in California, resulting in two deaths and five injuries, according to data from Everytown Research and Policy. A 2010 study in the journal “Suicide and Life-Threatening Behavior” found that over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a family member. According to the Centers for Disease Control and Prevention 637 children die by gun suicide each year on average. Research from JAMA Pediatrics found that the safe storage of firearms can reduce firearm suicide and unintentional firearm fatalities among youth. Furthermore, unsecured guns are susceptible to theft and pose a significant public health and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey data suggests that approximately 380,000 guns are stolen from individual gun owners each year and that gun owners who do not safely store their firearms are significantly more likely to have their guns stolen. Proposed Ordinance The proposed ordinance seeks to curb access to firearms by children and other unauthorized individuals who may be at risk of harming themselves or others. The proposed ordinance prohibits a person from keeping a firearm in any residence unless the firearm is stored in a locked container or the firearm’s trigger lock is engaged. Violations of the ordinance shall constitute a misdemeanor and upon conviction be punished in accordance with DMC 1.04.030. Next Steps The proposed Ordinance shall take effect and be enforced 30 days following its adoption. Copies of this ordinance will be sent to the City’s existing firearm dealers. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copies of this Staff Report and draft ordinance were sent to the City’s existing firearm dealers in advance of this meeting. ATTACHMENTS: 1. Ordinance Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of the Dublin Municipal Code Regarding the Safe Storage of Firearms ORDINANCE NO. XX - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING CHAPTER 5.89 (SAFE FIREARM STORAGE) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE REGARDING THE SAFE STORAGE OF FIREARMS WHEREAS, according to Everytown Research and Policy, in 2020 alone there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally and seven unintentional shootings by children in California, resulting in two deaths and five injuries; and WHEREAS, from 2014 to 2018, there were 629 gun-related deaths within Alameda County according to the Centers for Disease Control and Prevention; and WHEREAS, the unsafe storage of firearms threatens public health and safety in the United States. A 2016 study of gun owners published in the American Journal of Public Health found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not lock up all of their guns, let alone store them unloaded, trigger-locked, and separate from ammunition; and WHEREAS, in 2018, a study published in the Journal of Urban Health found that roughly 4.6 million children and youth under age 18 were living in homes with loaded and unlocked firearms. In addition, a study published in 2006 in the Archives of Pediatric and Adolescent Medicine found that 73% of children under age 10 living in homes with guns reported knowing the location of their parents’ firearms. The same study demonstrated that parents often believe, incorrectly, that their children do not know the location of guns stored in the home or that their children have not handled their parents’ firearms; and WHEREAS, many young children, including toddlers, are strong enough to fire handguns. A Washington Post report in 2015 showed that toddlers were responsible for an average of one shooting a week that year. In 2013, more preschoolers were shot to death (82) than police officers 27) according to data from the Centers for Disease Control and Prevention and the Federal Bureau of Investigation published in October 2015 by the New York Times; and WHEREAS, a 2010 study in the journal “Suicide and Life-Threatening Behavior” found that over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a family member. According to the Centers for Disease Control and Prevention 637 children die by gun suicide each year on average; and WHEREAS, Research from JAMA Pediatrics found that the safe storage of firearms can reduce firearm suicide and unintentional firearm fatalities among youth; and WHEREAS, the American Academy of Pediatrics recommends that for individuals who choose to keep guns in the home, the firearms should be kept unloaded, and locked in a separate location from ammunition; and WHEREAS, unsecured guns are susceptible to theft and pose a significant public health and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey data suggests that approximately 380,000 guns are stolen from individual gun owners each year and that gun owners who do not safely store their firearms are significantly more likely to have their guns stolen. Reporting from The Trace in 2017 also disclosed that between 2006 and 2016, the number of guns reported stolen from individuals increased by approximately 60%; and WHEREAS, requiring firearms to be stored with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for self-defense in the home. For example, affordable lockboxes with Simplex-type locks, which pop open immediately when several keys or pushbuttons are touched in a preset sequence, are widely available. Users report that they can retrieve a loaded weapon in just two to three seconds, and that the locks are also easy to open in the dark. A publication of the Education & Training Division of the National Rifle Association describes this type of lockbox as providing “a good combination of security and quick access.” Some lockboxes also feature biometric locks, which provide immediate access when they scan the owner’s fingerprint; and WHEREAS, the City intends to reduce gun violence and gun-related injuries through this Ordinance. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Chapter 5.89 of the Dublin Municipal Code is hereby added to read as follows: Chapter 5.89 SAFE FIREARM STORAGE 5.89.010. Definitions A. “Firearm” means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time. B. “Locked Container” means a locked container as defined in California Penal Code, Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. C. “Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, Single Room Occupancy units (SROs), time shares, mobile homes, and recreational and other vehicles where human habitations occurs. D. “Trigger Lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code, Section 23635. 5.89.020. Prohibitions A. No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. 5.89.030. Exceptions. This Chapter shall not apply in the following circumstances: A. The firearm is carried on the person of an individual in accordance with all applicable laws. B. The firearm is under the control of a person who is a peace officer under California Penal Code Section 830. 5.89.040. Penalty Every violation of this Chapter shall constitute a misdemeanor and upon conviction shall be punished in accordance with Section 1.04.030. Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ____ day of ___________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk