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HomeMy WebLinkAboutMINUTES - 01251994 - S.2 TO: BOARD OF SUPERVISORS 5 Contra -' - FROM: Supervisor Tom Powers ,._. C?Std Supervisor Jeff Smith �. 's DATE: January 25 , 1994 ` rrA County SUBJECT: Consider the recommendation of the ad hod committee on firearm safety SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Review the attached components of acts relating to firearm safety that have been proposed by Senator Nick Petris of Oakland and approve them in concept. BACKGROUND/REASON FOR REQUEST: There has been a proliferation in the use of firearms in some of our communities . Senator Nick Petris has proposed the components of three acts addressing this problem. Copies of these acts are attached. We have circulated copies of these acts to law enforcement agencies and city governments in the County. We are requesting that the Board of Supervisors of Contra Costa County read, consider and approve these acts in concept. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR CO MITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON January 25, 1994 APPROVED AS RECOMMENDED OTHER XX ENDORSED in concept the listed components of acts relating to firearm safety that have been proposed by Senator Nick Petris of Oakland and continue to circulate them amono appropriate institutions and the cities within Contra Costa County to garner support; also AUTHORIZED the County Administrator to send a letter to each of the Mayors of the cities requesting comments. VOTE OF SUPERVISORS XX - - - I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED January 25, 1994 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) vf" f BY _,DEPUTY Components of Firearms Dealers Responsibility and Liability Act I. STATEMENT OF LEGISLATIVE INTENT It is the intention of the Legislature to provide minimum regulation of the sale of firearms in this state and to set forth liabilities pertaining to the sale of firearms. II. RESTRICTIONS ON OPERATIONS OF FEDERAL FIREARMS LICENSE HOLDERS It shall be unlawful for a dealer who has been issued a valid federal fircarms license to sell firearms in this state in a manner that violates local time, place and manner requirements. III. RESTRICTION ON "STRAW SALE" A dealer who sells a firearm with the knowledge that it will be sold to another individual or individuals (or who has reason to know of the such sale) is guilty of a felony. In addition, a firearms dealer one who is found guilty of participating in a such a sale would be subject to revocation of permit to sell and license to do business, at the election of the issuing agency. IV. PURCHASER IDENTIFICATION In addition to existing restrictions on sales to certain persons, it shall be illegal for a firearms dealer to deliver a firearm to an individual without having been presented with a valid California Drivers License or California Identification Card. Section 1=(c) shall be amended by eliminating all other forms of acceptable identification. 1 V. PENALTY FOR FIRST OFFENDER ILLEGAL TRANSFER OF FIREARMS BY DEALERS Amend Section 12072 which is a wobbler which provides for a ceiling sentence of state prison or one year county jail/fine for the transfer to a restricted person. Establish a "floor" sentence for first offenses. The penalty shall be either incarceration in state prison or up to one year in county jail and/or up to $1000. There shall be a minimum sentence of six months in county jail. If the individual is recommended for probation and probation is granted, it shall be a minimum condition of probation that the individual either: (1) be assigned to 750 hours of community service; or (2) serve six months in county jail (which may be served on weekends pursuant to Section 1209); or (3) be referred to the County—run home detention program administrator (in those jurisdictions having such a program as defined in P.C. 1203.016) for consideration of participation in the home detention program for a period of no less than 120 VI, RESTRICTION ON SALE TO MINORS It is herein proposed that it be a felony for any person to illegally provide a firearm to a minor. Assemblyman Peace has done exhaustive work regarding restriction of sales or transfers to minors. Legislative Counsel is requested to explore whether the above proposal is already provided for in any of the bills proposed by Assemblyman Peace or any other legislator. VII. DROS FORIYi MODIFICATIONS All Dealer's Record of Sale (DROS) forms shall contain, in addition to the information presently contained therein,certain advisories certain existing laws pertaining to purchase and sale of firearms and illegal possession. In the event that additional laws are passed, be they related to straw sales, gun safety courses and certificates of completion, possession by minors,delivery to minors, they too should be included in encapsulated form, in the DROS. 2 3 Vill. REFERRALS TO FIREARMS SAFE'T'Y COURSES If a law is in place that requires the satisfactory completion of a DOI—approved gun safety course prior to the purchase of a firearm, the dealer shall have for distribution to prospective purchasers a list of local referrals to such courses. IX. MANDATORY SALE OF TRIGGER LOCKING DEVICE No firearm can be sold unless a fitting trigger locking device is sold with it at a fair market price, X. GROUNDS FOR DENIAL OF DEALER LICENSE A license to sell firearms in this state shall be denied to, or an existing license suspended and/or revoked from, the applicant or firearms dealer who: (1) proposes to operate, or who has been found to have operated, in restricted areas, including, but not limited to, the following locations: (a) Within a zoning district in which general retail sales commercial activities are not a permitted or conditional use; (b) Within a zoning district in which residential use is the principle permitted or maintained use, or within one thousand feet of the exterior limits of any such district; (c) Within one thousand feet of a public or private day care enter or day care home, or within one thousand feet of any elementary, junior high, or high school whether public or private; (d) Within one thousand five hundred feet of the exterior limits of any other premises occupied by a dealer in firearms, an adult entertainment establishment. (2) are under the age of majority; (3) are not licensed as required by applicable federal and state and local Iaw; (4) has had a similar type of license previously revoked or denied for good cause within the preceding two years of the date of application; 3 H. ' (5) has made a false or misleading statement of a material fact or omission of a material fact,in the application for a desler's license; (6) has not presented a valid certificate of eligibility issued by the Department of Justice; XI. STATE-WIDE MINIMUM BUILDING SECURITY REQUIREMENTS Amend 12071(b)(14)(a) by deleting it as an option for the securing of inventory, instead making it a requirement that is supplemented by either of the two remaining storage methods (i.e. steel rods/cables or locked fireproof safe or vault). . Specify that what constitutes a "secure facility" is to be determined by the local jurisdiction, with minimum requirements to include the provision of secure locks, windows and doors, adequate lighting, and a monitored alarm system as specified by the chief of police in the event the jurisdiction is a city, or the sheriff: XII. PROOF OF LIABILITY INSURANCE Liability insurance in the minimum amount of one million dollars shall be required before a firearms dealer's license shall issue. XIII. PREMISES INSPECTION Premises inspection rights shall be granted to the license issuing agency, allowing access during normal business hours, to ensure compliance with applicable local and state laws. rev. 12/23/93 y:\firearme\d1ract.v#2 4 5, Components of Firearm Safety and Responsibility. Act STATEMENT OF LEGISLATIVE INTENT It is the intention of the Legislature to provide minimum regulation of the We of firearms in this state in a manner intended to reduce the level of gun related violence. IDENTIFICATION REQUIRED TO PURCHASE Amend Section 12071(c) by eliminating all forms of acceptable identification other than a valid California Drivers License or California Identification Card. GUN SAFETY COURSE In Article 8 of Chapter 1 pertaining to firearms the legislature states its intent to require that purchasers and transferees of firearms capable of being concealed obtain familiarity with those firearms, and to become educated regarding the safe handling and storage of same, etc. The Article does not explicitly require that as a prerequisite to the purchase or transfer of such firearms the "basic firearms safety certificate" be secured. There is no provision regarding non— concealable firearms and no provision for follow—up testing. This bill would require that no firearm of any kind will be delivered to a prospective purchaser/recipient/transferee by a firearms dealer unless the purchaserhecipient/transferee shows proof of satisfactory completion of the Department of Justice—approved firearms safety course. Exemptions to the requirement of completion of the safety course, as set forth in P.C. 12081, would apply. This substance of the basic safety course as set forth in existing law should be augmented by including first aid techniques and/or related instructions to be followed in the event of a gunshot wound. A written examination shall follow, with passage being a requisite for the issuance of a certificate of satisfactory completion. The certificate shall be effective for a period of four'years for the purchase of firearms as permitted by law. Following expiration of the certificate,"the individual must satisfactorily repeat the process prior to being issued a renewed certificate. Without possessing a valid certificate, further purchases would be prohibited. The provisions of Section 12809 pertaining to the option of testing for the certificate without the benefit of taking the safety course would apply. That section need be amended to • b ' reflect that the test' need be retaken for re—issuance of the certificate at the end of the validation period. "ST'RAW SALE" RESTRICTION Any individual who participates in the purchase of a firearm on behalf of another shall be guilty of a felony. Individuals who are prohibited by law from purchasing a firearm need often turn to others to make the purchase on their behalf. This is an attempt to criminalize this practice, thereby creating an obstacle to straw sales. PENALTY FOR FIRST OFFENDERS WHO POSSESS OF A CONCEALED FIREARM OR LOADED FIREARM IN A PUBLIC PLACE Amend Penal Code Sections 12025 so that first offenders(who have no prior convictions of illegal possession and no prior convictions for crimes against the person, property or of a narcotics or dangerous drug violation) will be charged and sentenced either as a misdemeanor or a felony (a "wobbler"). The penalty shall be either incarceration in state prison or up to one year in county jail and/or up to $1000. There shall be a mi imum sentence of six months in county jail. If the individual is recommended for probation and probation is granted,it shall be a minimum condition of probation that the individual either: (1)be assigned to 750 hours of community service; or (2) serve six months in county jail (which may be served on weekends pursuant to Section 1209); or (3) be referred to the County--tun home detention program administrator (in those jurisdictions having such a program as defined in P.C. 1203.016)for consideration of participation in rhe home detention program for a period of no less than 120 concurrent days(participation in such program shall be pursuant to the provisions of Section 1203.016, and can be terminated as provided therein). Amend Section 12025(b)(2) to provide a minimum sentence of six months incarceration in county jail, or if probation is granted it shall be a minimum condition of probation that the individual serve six months county jail. Under existing law($ 12025(c)(1)) the penalty for one who has been convicted under this section and who had previously been convicted of a misdemeanor offense enumerated in Section 12001.6 shall be punished by imprisonment in a county jail for at least three months and not exceeding six months(and,if probation is granted, the conditions must include three months time in county jail). Amend subsection (cx1) to provide a minimum of six months in county jail not 2 to exceed one year, or, if probation is granted, that it shall be a condition of probation that six months be served. Similarly,the minimum sentence for one previously convicted of a felony or of any crime under this chapter will be increased from three months (as set forth in subsection (c)(2) to six 111013th8). Section 12031, pertaining to the carrying of a loaded firearm, should be modified in a manner consistent with the above modifications to Section 12025, ILLEGAL TRANSFER OF FIREARMS BY FIRST OFFENDERS AND OFFENDERS WHO HAVE NO PRIOR CONVICTION ON WEAPONS CHARGES OR OTHER CERTAIN CRIMES A first conviction (of an individual who has no prior convictions of illegal sale and no prior convictions for crimes against the person, property or of a narcotics or dangerous drug violation) for the illegal sale of a firearm by one who is not a licensed firearms dealer shall be sentenced either as a misdemeanor or a felony(a "wobbler"), If convicted of a misdemeanor, the sentence shall be either I yr, county jail and/or$10011, or probation with conditions being either: (1) assignment of 750 hours of community service; or (2) six months in county jail (which may be served on weekends pursuant to Section 1209); or (3) referral to the county—nin home detention program administrator (in those jurisdictions having such a program as defined in P.C. 1203.016)for consideration of participation in the home detention program for a period of no less than 120 concurrent days (participation in such program shall be pursuant to the provisions of Section 1203,016, and can be terminated as provided therein). Prohibit suspension of sentence for flut Qfffonndcra .,.. Reconciliation is needed with AB 482 (Peace). The Legislative Counsel's digest accompanying AB 482(the first entry, first page) indicates that probation shall not be granted to one who has been convicted of selling a concealed weapon to a minor (except in exceptional circumstances). It is herein proposed that probation, as defined above,be granted to one who is not a dealer and who has not been previously convicted. RESTRICTION ON SALE TO MINORS It is herein proposed that it be a felony for any person to illegally provide a firearm to a minor. Assemblyman Peace has done exhaustive work regarding restriction of sales or transfers to minors. Legislative Counsel is requested to explore whether the above proposal is already provided for in any of the bills proposed by Assemblyman Peace or any other legislator. 3 g . RESTRICTION ON POSSESSION OFA FIREARM BY A MINOR Any person under the age of 21 who is in possession of a firearm without direct adult supervision, shall be guilty of a felony. In addition to the penalties related to the felony conviction, the convicted individual shall forfeit his or her drivers license until the age of 21. An exception to the application of this provision is the possession of a long arm firearm being used for licensed hunting in legally permissible areas, if such hunting is done under the supervision of an adult. An exception to the application of this provision is possession on private property. rev. 13/23/93 4 Assault Weapon Control Act 1, STATEMENT OF LEGISLATIVE INTENT It is the intention of the Legislature to ban and otherwise regulate the sale of "Assault Weapons" and certain ammunition magazines and accessories. ASSAULT WEAPON REGULATION Assault Weapons, as defined in Penal Code Section 12276, or any facisimile, replica, duplicate or reproduction in any caliber of said firearms, shall be banned from sale and/or transfer, and shall be illegal to possess. In addition, shotguns,rifles, and pistols that met the following generic description will also be within the definition of"Assault Weapons": (I) SHOTGUN A shotgun that is semiautomatic, having a fixed magazine capacity in excess of 5 rounds and that is not exempt as a defined sporting/hunting weapon by law, that has attached any of the following characteristics: (a) A folding, telescoping / collapsible stock- A detachable stock which when removed does not disable the firing mechanism of the shotgun; (b) A pistol grip that protrudes conspicuously beneath the action, behind the trigger area-of the weapon. An additional vertical front mounted pistol or stabilizer grip located under the barrel of the weapon; (c) A front heat guard or heat shroud placed around the barrel; (d) Any ability to accept a detachable magazine,drum, box or belt feed ammo delivery system or any other ammo delivery system that allows for rapid reloading of live ammo; (e) A grenade launcher attached to the front of the barrel that allows the shotgun to launch or project any other gas, incendiary or explosive devices. I D, (2)-RIFLE A semiautomatic rifle that has the ability to accept a detachable magazine is an Assault Weapon if it is not exempt as a defined sporting/hunting weapon by law, and has attached any of the following characteristics: (a) A folding, telescoping / collapsible stock. A detachable stock which when removed does not disable the firing mechanism of the rifle; (b) A pistol grip that protrudes conspicuously beneath the action, behind the trigger area of the weapon. An additional vertical front mounted pistol or stabilizer grip .located under the barrel of the weapon; (c) A front heat guard or heat shroud placed around the barrel; (d) A bayonet mount; (e) A flash suppressor or threaded barrel designed to accommodate a flash suppressor or silencer, (f) A grenade launcher or similar device that will project any other gas, incendiary, or other explosive devices. (3) PISTOL A pistol that is semiautomatic with the ability to accept a detachable magazine is an Assault Weapon, if it is not exempt as a defined sporting/hunting weapon by law, and has attached any of the following characteristics, (a) An ammunition magazine that attaches to the pistol outside of the pistol grip; (b) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip/stabilizer, or silencer; (c) A heat shield or heat shroud that is attached to or partially or completely encircles the barrel that permits the shooter to hold the firearm with the second hand without being burned. 0 2 Yl III. DETACHABLE CENTER FIRE MAGAZINES & SHOTGUN MAGAZINES A. BjW Sales. Make sales of fire magazines containing more than _ rounds and shotgun magazines containing more than shell a criminal offense and grounds for revocation of license to sell. B. Criminalize unlawful use. Make it a separate criminal offense or an enhancement for the use of such magazines in the commission of a criminal offense. C. Exemptions, Law enforcement use. IV. PRE—APPROVAL OF FIREARMS PRIOR TO MARKETING Before a firearm of any variety, or any mechanism that enhances the firepower of any variety of firearm, may be Iegally sold in the State of California it must be first cleared for sale by a newly created body consisting of nine members who shall serve specified,rotating terns. The newly created body would maintain a list of weapons that can be legally manufactured qnd sold in the state. The body membership shall be appointed in a manner that ensures that, at all times, there will representation of: law enforcement; the firearms advocacy groups; sporting groups; gun control groups; health trauma centers. The membership shall be appointed as follows; two members appointed by the Governor; two members appointed by the Speaker of the Assembly; two members appointed by the President of the Senate; one member appointed by the Attorney General; one member appointed by the Senate minority leader and one member appointed by the Assembly minority leader. rev. 12/23/93 y:\tirearea\assault.bil 3 j F-H-19-1994 16: FROM D I C.TP I C-I 1 SUFERO I SOP TO E-1?96 P.03 { 13k-)ARD OF SUPERVISORS =° CONTRA COSTA COUNTY TOM POWERS 4� SUPERVISOR.FIRST DISIRICT sr'4 CpUT� FJ' nua-y 19, 11U1 4 To: Warren lupf, Sileris ;c� r:r:er From: Tom Powers, District t)r•e Supervisor Re: 1} Safety and Responsibility Act 2} Componer.!.s c1 F-! -arms Dealers Responsibility and Liabiiity Act 3} Assault Wea.pc7i `;' .ntrcl Act I have been workir:c .:presentatives o:` .lamed- County on the enclosed pack�-.ce. Alar;: C i.-.ity !las distriLb;a;ed this material to a number of their law enforcement ;or review and a:nlments. I am currently in the process of doiru the sa.^re. I would appreciate yOl::r >iiew and comments, including any ideas you might have tc develop s:_!:'-:ort toz., this package in the law enforcement community in Contra Cos la. Ac;,,:;tionally, please distribute :his among some of your department leaders fcr ;P,\JE-N and comment Also, I would appreciate it if you and Gary 'y"r;ncey ,/oUid al ::y this material for comment at the next Contra Costa Police C 1.efs Assoc = o;� :-ieeting. Thank you for your*r r--e I rope to be hearing from you soon. cc: Gary Yan,.;ey 100 -37th STREET: ROOM 270 TELEPHONE (510) 374.3231 • FAX (510) 374-3429 JAN-19-1994 16:52 FRO11 Ei1c_-.TF`,(:,T SUFER()ISOR TO 61396 P.02 BOARD OF SUP RV][SORS CONTRA, COSTA COUNTY TOM POWERS SUPERVISOR,FIRST DISTRICT To: Gary Yancey, Dlistn,_-i At-.,'-.',,rney From: Tom Powers, District ,,Dne ,upervisor Re: 1) &�',Tipone,-'Ls of F*.;­r_:1arm Safety and Responsibii1ity Act 2) Ccmpon !nts of Fi-.uarms Dealers -Reasponsi'b0ity and Liability Act 3) Assault Act I have b� an work.-,,! iv :­presentativez� c., Alameda County on the enclosed pack,,.-cue. 'ias distrhUted this material to a number of their law enforcr,,.ment perso'!'l'nui or review and comments. I am currently in the process of doing the sarr;e. I would aPprecjafe ,,­,jjr and. corm-rients, including any ideas you might have to s.ipport fc-- this package ir, tnie law enforcement community in Gontra Cost'-n. T11:-,nk you for your time ana I hope to be hearing from you soon. cc: Warren Ru'of 100- 37th STREET, ROOM 27- - RICHMOiZ�,: (,k,2­,,-.�N1A 94805-213 - "TELEPHONE e5,,,^J) 274-3231 - FAX '5101 374-3429 k I .