HomeMy WebLinkAboutMINUTES - 01241995 - S.3 TO: BOARD OF SUPERVISORS Contra
FROM: SUPERVISOR JIM ROGERS .�J �j` Costa
Y��...._�... :Q . County
DATE: January 23, 1995
sueJEcr: REQUEST FOR COUNTY ORDINANCE REGULATING FIREARMS DEALERS IN
RESIDENTIAL UNINCORPORATED AREAS OF THE COUNTY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
DIRECT the County Counsel to prepare, in consultation with the
Prevention staff in the Health Services Department, the Community
Development Department and the Sheriff-Coroner, and return to the
Board of Supervisors, a draft Ordinance which would regulate
firearms dealers in the unincorporated areas of Contra Costa County
with a view toward moving in the direction of accomplishing the
three following goals :
0 Prohibiting firearms dealers in all residentially zoned areas .
0 Making firearms dealers subject to a conditional use permit
process with conditions involving:
• Proximity to education, day care, and recreation
facilities, places that have on-sight and off-sight
alcohol sales, places of worship, and places where
children are likely to congregate.
•. No prior record of violence-related offenses .
• Maintenance of at least $1 million in liability
insurance.
• Adequate, safe storage, security and lighting systems as
determined through on-sight inspection by the appropriate
officials .
0 Creating a local . gun dealer permit issued by the Sheriff.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ONJanuary24,1995 APPROVED AS RECOMMENDED X OTHER
The Board APPROVED the above recommendation, adding"near another gun dealer"
and "in residential areas" to the places where firearm dealers would be subject to a
conditional use permit process.
VOTE OF SUPERVISORS
�( I HEREBY CERTIFY THAT THIS IS A TRUE
—L�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. c
ATTESTED yd {,J
/ y (
Contact: PHIL BA CHELOR; RK OF THE BOARD OF
M. See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
-2-
BACKGROUND:
The Health Services Department and the PACT Violence Prevention
Coalition have been working with a number of cities on their
adoption of local ordinances regulating firearms dealers . To date,
the cities of Antioch, Lafayette, Pinole, and San Pablo have
adopted these ordinances . The City of Richmond is scheduled to
have a public hearing for adoption of the ordinance on February 6,
1995 .
I believe that it is important for the Board of Supervisors to
adopt a similar ordinance, both because it covers the large
unincorporated areas of the County and therefore affects a large
number of dealers, and because it will also lend more credibility
to the work of the Health Services Prevention staff and the PACT
Violence Prevention Coalition as they begin to work with other
cities in the County.
Attached is the current study prepared by the PACT Violence
Prevention Coalition on the Status of Compliance With Existing Gun
Dealer Laws and the report on Policy Options for Local Government.
This study is being expanded and updated and will be released in a
couple of weeks .
However, it is clear from the attached report that we have a
significant compliance problem with gun dealers in residential
areas of the County. Over half of the gun dealers in the
unincorporated area of the County who have Federal Firearms
Licenses have not obtained a business license as is required by the
State. Nearly 9 out of 10 dun dealers in the incorporated area of
the County ( 119 out of 133) who have Federal Firearms Licenses are
located in residential areas of the County, hence the use of the
term "kitchen-table" gun dealers .
The survey which was conducted by the PACT Violence Prevention
Coalition indicates that in Contra Costa County there is a high
degree of non-compliance with local, state, and federal gun laws .
There are 661 gun dealers in this County who have Federal Firearms
Licenses . Yet, only 372 of these dealers are known to and
therefore report their gun sales to the State of California as they
are required to do. This leaves 289 gun dealers (43 . 7% of the
total) who have Federal Firearms Licenses but are not reporting
their gun sales to the State.
In view of the alarming results of this survey and in an effort to
better protect our citizens from the violence which is caused by
firearms, I am making the above recommendation.
cc: County Administrator
County Counsel
Sheriff-Coroner
Community Development Director
Health Services Director
Larry Cohen, Prevention Program, HSD
Date:
REQUEST TO SPEAK FORM
(Two [2] Minute Limit)
Complete this form and place it in the box near the speakers' rostrum before addressing the Board.
Name: &'T. IKd(.l/f,5 Phone: 37Z- O'133
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❑ I do not wish to speak but leave these comments for the Board to consider:
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Date:
REQUEST TO SPEAK FORM
(Two [2] Minute Limit)
Complete this form and place it in the box near the speakers' rostrum before addressing.the Board.
Name: Phone:
Address: City:
I am speaking for: El Myself OR R4 Organization: 3 Aa
NAME OF ORGANIZATION n { r
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CHECK ONE:
❑ I wish to speak on Agenda Item # `
My comments will be: -General For ❑ Against
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PREVENTION rROGRAM
Resources for
A Public Health Policy Response to
Gun Violence in Local Communities
Compiled by the Public Information Staff
Contra Costa County Health Services Department
Prevention Program, May 1994
The enclosed materials were researched and produced by staff of the
Prevention Program with funding from two U.S. Department of Health
and Human Services grants, one from the Office of Minority Health
and the other from Maternal and Child Health Division. Additional
support was provided by a California Emergency Medical Services
Authority grant earmarked for data collection and analysis of gun
related injuries in Contra Costa County. The enclosed materials were
developed for use in Contra Costa County by policy makers, the news
media, and other health department personnel who are working to
prevent the tragedy of gun injuries and deaths.
The Prevention Program, located in the San Francisco Bay Area, is an
interdisciplinary public health program that focuses on the prevention
of violence, childhood injuries, and chronic disease. Rather than create
new, stand-alone programs, the Prevention Program coordinates,
cultivates and links existing community resources in a systems
approach. The Program has a national reputation for establishing and
developing effective, health-related; community coalitions.
75 Santa Barbara Road Pleasant Hill California 94525
rxEC._ontr'asta. Co.unt` FH;ezalst
C.o _hSeru �,c`es _`DFe_ ` artment � :_ xy
510 0 646 0 6511 510 0'` 646 0 6520
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REPORT ON THE STATUS OF
EW= Cir
For violence Prevention GUN DEALERS IN WEST CONTRA COSTA COUNTY
♦ ■ ♦ � ■ ♦ ■ ♦ ■ • e ■ ♦ ■ ♦ ■ ♦ AND UNINCORPORATED AREAS:
Policy a Action a Collaboration a Training A STUDY OF COMPLIANCE WITH EXISTING STATE LAWS
Participating AND MUNICIPAL CODES
Organizations:
Battered Women's
Alternatives
Contra Costa County During the past decade there has been a dramatic rise in violence in
Health Services Contra Costa County, particularly in the West County region. The
Department Prevention _ _ PACT Violence Prevention Coalition has identified the reduction of
Program
firearms as a way to significantly decrease the number of injuries and
East Bay Center deaths in West County communities. The decision to focus on firearms
for the Performing Arts
led to an examination of policies and regulations that can be developed
Familias Unidas locally to reduce the flow of firearms into a community.
Girls,Inc.
For the most part, guns used in the commission of crimes are not
Lao Family Community
Development obtainedleg through al means. This conclusion is based on the fact that
g
in the majority of firearm homicides and assaults, the weapons are not
Opportunity West recovered, but in the cases where a weapon is recovered and traced by
Rape Crisis Center law enforcement, the weapon, while illegally possessed by the criminal,
Richmond was originally purchased legally.
Police Activities League
West Contra Costa In preparing this report, PACT examined laws and regulations
Youth Service Bureau pertaining to the sale and acquisition of firearms, as well as a number
,., of policies that have been adopted in neighboring communities. After
looking at both the federal and state firearms laws to understand how
Federal Firearms Licenses (FFL) and the State of California Gun
Dealer Permits are obtained, PACT surveyed the compliance status of
gun dealers in specific areas of Contra Costa County.
This research has produced results indicating a high percentage of non-
compliance and a lack of enforcement of the current state and local
laws.
The Contra Costa County Health Services Department's Violence Prevention Project
works with a community based coalition called PACT(Policy, Action, Collaboration,
and Training). In partnership with nine community agencies, PACT works to reduce
violence in three West County communities: Richmond, North Richmond and San
Pablo. PACT is funded by federal grants from the office Maternal and Child Health
and the Office of Minority Health. The project is administered by the Contra Costa
Health Services Department's Prevention Program.
A Prevention Program report outlining a variety of local initiatives and options,
"Firearms Control: Policy Options for Local Jurisdictions" is also attached.
Richmond Hcallh Centel-A 100 38th Street♦Room 1604 s Richmond,CA 94804 a 510/374-3797 O FAX 510/374-3976
CCC-Firearms Policy&Dealer Regulatidn s
FEDERAL AND STATE FIREARMS DEALER LAWS
I. Federal Firearms License
To obtain a Federal Firearms License from the Bureau of Alcohol, Firearms and Tobacco
(BATF) the applicant must complete a two-page form. The applicant must indicate which of
seven types of federal firearms licenses he or she wishes to obtain, identify any zoning
prohibitions or permit requirements, and certify that he or she is not a member of an FFL
prohibited class, e.g. felon or ex-felon, fugitive, drug addict, undocumented immigrant,
under 21 years of age, mentally ill, dishonorably discharged from the military, etc. The
BATF has 240-agents assigned to process applications and monitor the more than 220,000
FFL holders nationwide. The BATF readily acknowledges that it is drastically understaffed
and it relies on the good faith of applicants who certify themselves.
II. California Gun Dealer Permit
The California Penal Code 12071 states that, for a California gun dealer to be in compliance
with state law the dealer must possess four items:
1. A valid Federal Firearms License.
2. Any regulatory or business license, or licenses, required by local government.
(These can be valid for only one year and must state "Valid for Retail Sales of
Firearms." The license must be signed by the local authority, or a letter from the
local authority stating that "no local permit is required" may be substituted.
3. A valid seller's permit issued by the State Board of Equalization.
4. A certificate of eligibility issued by the California Department of Justice (DOJ).
Failure to comply with the California law is punishable as a misdemeanor. This section of
the Penal Code also allows local jurisdictions to assess fees to recover the costs of processing
local licenses and it carries a stipulation that the business can only be conducted in the
buildings designated by the license.
Furthermore, a gun dealer must register their sales on a Dealer Record of Sale form that can
only be obtained from the DOJ.
METHODOLOGY
In January 1994, PACT decided to survey the county's unincorporated areas and five West
County cities to get an exact picture of the status of compliance. To assess the degree of
compliance by persons possessing Federal Firearms Licenses PACT obtained a list of FFL
licensees in Contra Costa County from the Contra Costa County Sheriff's Department. The
Sheriff's Department obtained their list from the State Department of Justice. This list
contained 372 names.
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CCC-Firearms Policy&Dealer Regulation
Subsequently, PACT obtained a list of FFL licensees in Contra Costa County directly from
the BATF. The federal list contains 661 licensees. This is a difference of 289 gun dealers in
the county who have not even identified themselves to the state DOJ. By itself, this is
alarming because it suggests that 43.7 percent, or nearly half of the 661 gun dealers in
Contra Costa County are conducting sales without reporting them to the state.
PACT used the BATF figures to produce a list broken out by city and unincorporated areas.
The lists were then sent to the planning and business license departments of each of the five
municipalities in West Contra Costa County. The planning departments were asked to
identify which addresses were in residentially or commercially zoned areas. The business
license departments were asked to identify which of the addresses had business licenses to
conduct a firearms business at that site. City staff were generally interested and cooperative.
Each city processes the gun dealers' licenses somewhat differently, resulting in varying levels
of knowledge regarding responsibility for enforcement.
FINDINGS OF THE SURVEY
Cities # of FFLs # not w/ Bus Lic. # in Res. zone
El Cerrito 12 7 6
Hercules 11 8 11
Pinole 18 15 16
Richmond 38 35 27
San Pablo 16 12 8
TOTALS 95* 77 (81.5%) 68 (71.6%)
Unincorporated 133 FFLs 77 not w/ Bus Lic.(57.9%) 119 (89.4%) in Res. zone
Two cities have situations that are particularly interesting. In the City of El Cerrito, there is
a Police Department Sergeant who annually obtains a list from the BATF and sends letters to
the licensees to verify their existence. If they do not respond, she then will make a site visit,
as time allows, to determine if the licensee is still in operation. She reports that this process
can take several months.
The City of Richmond has an existing ordinance called the "Dealers in Concealable
Firearms." This ordinance prohibits residential dealers, requires a special permit and does
not have a grandfather clause (so it will not allow dealers with pre-existing permits to
continue to operate in the manner they did prior to adoption of the ordinance). Since its
passage in 1991, there has not been a single permit issued under this ordinance.
* The number of dealers in the incorporated area of West Contra Costa County (95) is 14.4% of the total number of
federally licensed gun dealers in Contra Costa County.
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CCC-Firearms Policy&Dealer Regulation
S. 3
CONCLUSIONS AND RECOMMENDATIONS
The survey indicates that in Contra Costa County there is a high degree of non-compliance
with local, state, and federal gun laws. The fact that there are 289 gun dealers who are
unknown to the state, and therefore not reporting sales to the state, indicates a potentially
large source for illegal sales in the area. The high numbers of FFL licensees not possessing
business permits indicates another potential source of criminal gun sales.
In terms of law enforcement, the cities and the county seem to put a low priority on FFL
licensees and their widespread failure to comply with federal firearms laws. The researchers
found a general-lack of knowledge and understanding of the pertinent laws and no clear
assignment for various departments to enforce the laws.
The researchers learned that municipal and county staff see gun-related issues as a law
enforcement matter. While violations of the Penal-Code.statutes-are.a.law-.enforcement
responsibility, a collaborative effort on the part of law enforcement, city planning staff, and
various licensing departments would produce a safer and more efficient and responsible
system of regulation.
Therefore, the PACT Violence Prevention Coalition recommends that Contra Costa County
government and the cities throughout the county pass ordinances prohibiting gun dealerships
in residential areas and requiring the possession of a local gun dealer permit. PACT also
recommends that municipalities use their business licensing powers to impose more stringent
conditions on applicants for permits. This added step may well serve as a deterrent to gun
dealers who are not serious about complying with the law.
4
PEZI= CT
FIREARMS CONTROL:
For v i o l e n c e Prevention POLICY OPTIONS FOR LOCAL JURISDICTIONS
Policy b Action* Collaboration®Training
Participating
Organizations: This overview of local options is an introduction to actions that can be
Battered Women's taken by communities to strengthen local gun dealer regulations. By
Alternatives building alliances between community organizations, government
Contra Costa County departments, and elected officials, it is possible to garner support for
Health Services many of these options. Ultimately, such collaboration can significantly
Department Prevention reduce the availability of guns and the violence associated with guns.
Program
East Bay Center
for the Performing Arts BACKGROUND AND OVERVIEW
Familias Unidas
Girls,Inc. For several years, public health practitioners of violence prevention
have been examining the role of firearms in intentional and
Lao Family Community
Development unintentional injuries. Recent research suggests a significant connection
between the availability of firearms and rates of injuries attributable to
Opportunity West them. The relatively easy access to firearms in the United States has
Rape Crisis Center resulted in homicide and suicide numbers that are far higher than in any
Richmond
other industrialized nation.
Police Activities League
Locally, some residents have sought out public policy avenues that
West contra costa Y would enable them to increase their ability to regulate access to
Youth Service Bureau
firearms and ammunition in their communities. In United States
jurisprudential history, the Cruikshank (1876) and the Presser (1886)
decisions established that the language of the Second Amendment
defines only the limitations of the Federal government to regulate a
state's rights to maintain a "well regulated militia". The Miller (1939)
decision confirmed that the Second Amendment does not guarantee an
individual the right to bear arms, but only a collective right through a
reasonable relationship to a state militia. In California, and most other
states, the state's militia is the National Guard. The case of Quilici v.
Morton Grove (1982) established that the Second Amendment permits
local communities to pass any firearms restrictions they deem necessary
as long as they are not prohibited by the state from doing so.
This paper was prepared by the PACT Violence Prevention Coalition, a West Contra
Costa County community based coalition working in partnership with the Contra Costa
County Health Services Department to reduce violence throughout the community.
PACT is funded by federal grants from the office Maternal and Child Health and the
Office of Minority Health, and administered by the Contra Costa Health Services
Department's Prevention Program. This is a living document that will be updated as
new information becomes available. March 1994.
Itich[it on(1 IteaII It Center O 100-38(It Street *Hoom 1604*Richmond,CA 94804®510/374-3797♦FAX 510/3?4 3976
CCC-Firearms Policy&Dealer Regulation
In response to the Quilici v. Morton Grove decision, the National Rifle Association (NRA)
promoted a policy initiative of its own -- state pre-emption laws. State pre-emption laws
prohibit local jurisdictions, i.e. cities and counties, from passing regulations regarding the
sale, manufacture, or distribution of firearms that are stricter than state laws. Lobbyists for
the NRA influenced California, and forty other states, to pass such pre-emption laws.
In exploring what can be done at the local level, a number of municipalities have passed
zoning and business license legislation to restrict where and how firearms dealers can
operate. Some examples of the types of requirements set forth in local legislation have
included: various fees to recover license processing costs, significant levels of liability
insurance, issuance of special gun dealer permits from the police, and safe storage and
firearm safety training requirements. These have been implemented with the specific intent to
limit the number of gun dealers in communities. In the San Francisco Bay Area, these
_ordinances have been passed primarily_through=the•initiative of:individual_>electedvofficials
and have not yet encountered any significant opposition.
Additionally, as a result of increased public pressure,the Bureau of Alcohol, Tobacco, and
Firearms (BATF), the federal agency that issues the Federal Firearms Licenses (FFL), and
the State of California Department of Justice (DOJ) are both preparing to change their
regulations regarding the issuance of permits in the near future.
The Clinton Administration is supporting specific provisions of the Senate Crime Bill (SB
1607) currently being considered by Congress. If passed, this bill would require FFL
applicants to certify to the BATF compliance with all state and local laws and to notify the
chief local law enforcement officer in their jurisdiction of their intent to conduct a firearms
business. SB 1607 would also require licensees to comply with all local business ordinances
and would direct the BATF to inform local governments of all licenses issued in their
jurisdiction.
Currently, State of California laws require that any firearm transaction be recorded on a state
form called the Dealer Record Of Sale (DROS) and that the completed form then be
forwarded by the seller to the State Department of Justice. The DOJ, on its own, is
discontinuing the use of existing DROS form books, thus requiring that every dealer
purchase the new DROS forms. Under the new regulations, any dealer requesting a new set
of DROS books must show proof of compliance with local ordinances. These upcoming
measures make the passage of pertinent local ordinances a matter of some urgency.
The PACT Coalition is recommending that zoning and business license ordinances, similar to
those passed by other communities in the state, and resolutions regarding pre-emption and
national gun policy be passed by the County Board of Supervisors and the various
municipalities of Contra Costa County. This would result in the implementation of
meaningful policies restricting gun dealers county-wide, and send a signal to state and federal
legislators that the people of Contra Costa County want greater control over firearms sales in
their community and that they are willing to enact meaningful restrictions at the local level
despite the existence of state pre-emption laws.
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CCC-Firearms Policy&Dealer Regulation
LOCAL JURISDICTION POWERS: SPECIFIC STRATEGIES
As stated above, local jurisdictions can regulate the sale of firearms through their local
zoning and business licensing authorities. Additionally, of course, local jurisdictions are
completely free to pass advisory resolutions regarding any issue or piece of legislation and to
send such resolutions to state and federal lawmakers. The following is a list of the areas of
legislation that have already been adopted or are being considered by a growing number of
local jurisdictions.
I. Zoning and-Business Regulations
A. Prohibit gun dealers from operating in or near residentially zoned areas.
Some jurisdictions have a simple residential-zone-ban,=but San Francisco has adopted
a ban excluding gun dealers from operating within 1500 feet of a residentially zoned
area. In other localities dealers are restricted or banned from locating within 1000 or
1500 feet of schools, day care centers, parks and recreation facilities, bars, other gun
dealers, or any other places deemed appropriate.
B. Require all gun dealers to register with, and obtain a gun dealer's permit from the
Police or Sheriff's Department.
Such a policy would require a background check of the applicant to ensure that he or
she is in compliance with all pertinent state and federal laws and is not a member of
any class deemed appropriate for exclusion, e.g. convicted felons; persons under 21
years old; persons convicted of drug, firearms, certain alcohol or violence related
offenses; persons previously having had Gun Dealer Permits revoked; and persons
under restrictions of restraining orders. Such background investigations could include
on-site inspection of the facilities by,appropriate departments to ensure code
compliance prior to issuance of the permit.
C. Require gun dealers to maintain appropriate levels of liability insurance as a
condition of doing business.
Several cities have already enacted this requirement. While the level of liability
insurance required is arbitrary, generally the amount has been set at $1 million to
$1.5 million. This amount has been determined to be a sufficient level of insurance
for this type of business by several Bay Area communities.
D. Require specific safety and security standards be established and maintained as a
condition of doing business.
A policy to establish standards for the display and storage of firearms and
ammunition, and the type of security alarm and lighting systems on-site can provide
additional protection for customers as well as dealers, and can deter would-be thieves.
7
CCC-Firearms Policy&Dealer Regulation
Communities can also: mandate that trigger locks be sold with handguns, prohibit
the sale of exploding or expanding ammunition, and require proof that the gun
dealer and purchaser have completed certified safety classes.
E. Establish fees sufficient to recover the costs of processing applications, monitoring
permit holders, and enforcing all the provisions of the ordinances.
This provision would encourage cross departmental cooperation on enforcement by
generating revenues to pay for staff time to participate regularly on an enforcement
team. This team would review existing dealers and new applicants for compliance
with the ordinance. This would result in personnel from multiple departments
developing expertise on the firearms issue and establish accountability of
enforcement within their respective departments.
H. Pre-emption related resolutions
A. Pass a resolution requesting the state legislature to rescind the pre-emption laws.
"Home Rule" has long been a fundamental principle and practice in public health.
The Home Rule concept suggests that local communities develop and implement
measures deemed appropriate to address specific local health problems. The passage
of various forms of smoking restriction ordinances by Contra Costa County and the
county's municipalities is an important local example of this principle and practice.
While it is true that all sectors of our society suffer from firearm violence, it is also
true that some communities experience greater levels of firearm violence than
others. Pre-emption has hampered local jurisdictions from developing
comprehensive local gun restriction measures. Thus state pre-emption laws are a
direct contravention of the fundamental public health principle and practice of
Home Rule. As the number of local jurisdictions passing resolutions to repeal state
pre-emption grows, the state legislature will be under increasing pressure to act or
to pass significant and strong state-wide gun restriction legislation.
B. Pass a resolution requesting the state legislature to permit local jurisdictions to
collect ammunition surcharges.
Revenues from these surcharges could be used to support violence prevention and
domestic violence prevention programs. It could also have the effect of reducing the
amount of ammunition that individuals might purchase.
III. Additional local ordinance options
A. Pass a Firearms Discharge Ordinance.
This type of ordinance could include language that holds parents responsible if their
children discharge firearms, bans discharge of firearms in public places, and
increases penalties for the discharge of firearms in places where children are likely
8
CCC-Firearms Policy&Dealer Regulation
to be present. Additionally, any firearm discharged in violation of the ordinance
could be declared a nuisance, thereby compelling the surrender and destruction of
the firearm.
IV. Additional resolution options
A. Pass a resolution calling for the development and implementation of a
comprehensive national gun policy.
Organizations such as the Violence Policy Center, Cease Fire Education Project and
Handgun-Control, Inc. have proposed national gun policies, from which this paper
has selected the following recommendations. Ideally, a national gun policy should
have these areas of focus:
1. Restrictions on Gun Possession These include a waiting period of at least
seven days for firearms buyers; background and fingerprint checks and safety
training for license applicants; registration of handgun transfers; special
licenses for the possession of gun arsenals; and higher surtaxes on handguns
and ammunition. There should also be a strict ban on gun possession by
those convicted of violent misdemeanors, including spousal or child abuse.
2. Restrictions on Sellers/ Dealers These include significantly higher annual
fees for Federal Firearms Licenses (at least $1000); more rigorous background
checks on gun dealers; background checks on gun store employees; federal
licenses for ammunition dealers; and bans on the sale of firearms at gun
shows. Assault rifles and handguns must be banned from future sale except
for military and law-enforcement personnel.
3. Regulation of Firearms Manufacturers and Importers This includes a ban
on the importation and manufacture of semiautomatic assault rifles, Saturday
Night Special handguns, and non-sporting ammunition. The ATF must be
empowered to operate as a health and safety agency, such as the Consumer
Product Safety Commission or the National Highway Traffic Safety
Administration, with the ability to: set safety standards for firearms, monitor
compliance with such standards and issue recalls of defective firearms;
restrict the availability of specific firearms and firearm products when
appropriate-such as where products present an unreasonable risk of death or
injury, and no feasible safety standard would adequately reduce the risk; and
take immediate action to stop the sale and distribution of firearms or firearm
products found to be "imminent hazards."
Research compiled by Judith Feinsen, Karen Kraut and Andres Soto on behalf of the PACT Violence Prevention
Coalition, a project of the Prevention Program, Contra Costa County Health Services Department.
9
To: BOARD OF SUPERVISORS Contra
FROM: Supervisor Tom Powers and 4
a: Costa
Supervisor Jeff Smith . a
:P County
DATE: April 26, 1994 'e UR",'
SUBJECT: Ordinance banning residential gun dealers
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION
Recommendation
Direct County Counsel to draft an ordinance for Board consideration which will:
(1) Prohibit the sale of all firearms in residentially zoned neighborhoods or within 1000 feet of
such zones in the County.
(2) Restrict the sale of firearms in unincorporated areas within 1000 feet of schools,daycare
centers,parks and recreation facilities.
(3) Require firearms dealers to register with and obtain a gun.dcalces.permit from.the Sheriffs
Department.
(4) Establish a fee to recover the costs of processing applications,monitoring permit holders,
and enforcing all the provisions of the ordinance.
Back round
The Health Services Department recently issued a status report on federally licensed firearms
dealers operating in Contra Costa County. The report indicates that there 661 federal firearms
licensees in Contra Costa County. Only 372 of these licensees have been issued a State Certificate
of Eligibility. This means that nearly 50%of the licensees arc not complying with the law that
requires the reporting of all sales to the Department of Justice,which also conducts the criminal
background check.
The findings of the survey indicate that in the unincorporated areas of the county there arc 133
federal firearms licensees and that 119(89.4%)of them are operating in residentially zoned areas.
Seventy-seven(57.9%) arc operating without a business license.
According to a recent article in the Contra Costa Times,our county has more gun dealers than gas
stations,supermarkets and public schools combined. In 1992, firearm injury deaths nearly doubled
motor vehicle injury deaths in Contra Costa County. The percentage of total homicides due to
Firearms is higher in Contra Costa County(74%)than Alameda County(72.6%.) Restricting the
sale of firearms in residential areas is something local jurisdictions can do, through local zoning
ordinances,and several cities have already adopted such measures.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
5. 3
rKEVEN TION rROGRAM
Firearm Injuries in Contra Costa County
■ Since 1968 the number of motor vehicle related deaths in the United States has been decreasing, while
the number of firearm deaths has been increasing. Source: Morbidity and Mortality Weekly Reports,
January 28, 1994, Vol. 43, No. 3.
■ In Contra Costa County,firearm injury Inowtv verdcle injury*deaths in 1988, 1990,
. 1991 and 1992. Indeed, in 1992, firearm in.jui)•deaths (115) nearly doubled motor vehicle injury deaths
(68). Source: California Department of Health Services, Vital Statistics.
■ In Richmond, handgun injuries accounted for approximately one-half to three-fourths of all homicides
between 1988 and 1992. In 1993, over 90% of all Richmond homicides were due to handgun injuries.
Source: California Department of Justice (1988-1992); Richmond Police Department (1993).
■ Approximately three-fourths of all homicides to Contra Costa County residents result from firearm
injuries. Source: California Department of Health Services, Vital Statistics.
Homicides to Contra Costa, A,lameda`and San•Francisco-Residents •
and Percentage Due to Firearm Injuries, 1992
County Population Total # of Homicide Total # of % of Total Homicide
1990 Census Homicides Rate* Homicides Homicides Rate* from
(from all from due to Firearm
weapons) Firearms Firearms I Injuries
Contra 803,732 85 10.6 7 63 74.1% 7.8
Costa
Alameda 1,279,182 215 16.8 156 72.6% 12.2
San 723,959 107 14.8 57 53.3% 7.9
Francisco
* Rates are calculated per 100,000 population
.Source: California Department of Health Sei-Aces, Vita? Statistics.
The statistics in this packet were prepared on behalf of the Contra Costa Health Services Prevention Program by Heather McLaughlin,
Coordinator of the Firearm Injury Reporting, Surveillance and Tracking (FIRST) System. 4/1/94 hm disk wp2 miscpp\injdeath.tbl
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FEDERAL FIREARMS LICENSEES
IN CONTRA COSTA COUNTY
BY CITY AND UNINCORPORATED AREAS
The following data has been obtained by analyzing the list of Federal Firearms Licensees in
Contra Costa County. This list was obtained by the Contra Costa County Health Services
Prevention Program, PACT for Violence Prevention Coalition, from the Bureau of Alcohol,
Tobacco and Firearms in San Francisco.
For the purposes of this breakout, the list of Federal Firearms Licenses (FFL) was entered
directly as received from the BATF with a designation as to whether the address listed was
in an incorporated city area or an unincorportated area of the county. The cities are listed
alphabetically. For some cities there are two numbers listed. One is for the total numbers of
FFLs in the incorporated area of the city, the other is the total listed, including
unincorporated areas, as being within the zip code designation of that particular city. An
asterisk indicates that this community is unincorporated and is not an independent city.
CITY # OF FFLs IN CITY TOTAL # FFLs IN AREA
Alamo* 3 3
Antioch 72 73
Bethel Island* 3 3
Brentwood 9 11
Byron* 6 6
Canyon* 1 1
Clayton 2 7
Clyde* 1 1
Concord 91 93
Crockett* 4 4
Danville 6 33
El Cerrito 13 13
El Sobrante* 18 18
Herdule's 11 11
5. 3
Kensington* 3 3
Knightson* I 1
Lafayette 18 19
Martinez 37 47
Moraga 6 6
Oakley* 28 28
Orinda 17 17
Pacheco* 2 2
Pinole 18 18
Pittsburg 48 61
Pleasant Hill 27 27
Richmond 38 40
Rodeo* 10 10
San Pablo 16 27
San Ramon 30 30
Walnut Creek 33 49
Totals 592 662
Total # of FFLs - CC County 662
Total # FFls - Cities 592
Total # FFLs - Unincorporated 141
Any ordinances that involve gun dealers have to be enacted by the appropriate local
jurisdiction. In the case of Contra Costa County, action taken by by the Board of Supervisors
would have effect in the unincorporated areas only (those areas marked with an asterik).
S.
FREVENTION PROGRAM
Resources for
A Public Health Policy Response to
Gun Violence in Local Communities
Compiled by the Public Information Staff
Contra Costa County Health Services Department
Prevention Program, May 1994
The enclosed materials were researched and produced by staff of the
Prevention Program with funding from two U.S. Department of Health
and Human Services grants, one from the Office of Minority Health
and the other from Maternal and Child Health Division. Additional
support was provided by a California Emergency Medical Services
Authority grant earmarked for data collection and analysis of gun
related injuries in Contra Costa County. The enclosed materials were
developed for use in Contra Costa County by policy makers, the news
media, and other health department personnel who are working to
prevent the tragedy of gun injuries and deaths.
The Prevention Program, located in the San Francisco Bay Area, is an
interdisciplinary public health program that focuses on the prevention
of violence, childhood injuries, and chronic disease. Rather than create
new, stand-alone programs, the Prevention Program coordinates,
cultivates and links existing community resources in a systems
approach. The Program has a national reputation for establishing and
developing effective, health-related; community coalitions.
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