HomeMy WebLinkAboutMINUTES - 11281995 - D8 D. 8
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Adopted this order on November 28, 1995 by the following vote :
AYES : Supervisors Robers, Smith, DeSaulnier, Torlakson and Bishop
NOES : None
ABSENT: None
ABSTAIN: None
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SUBJECT: Proposed Gun Dealer Ordinance
On November 14, 1995, the Board of Supervisors closed the
hearing on the proposed Gun Dealers Ordinance and introduced the
ordinance as amended relative to firearm sales and directed the
Health Services Department, County Counsel and the Community
Development Department staff to report to the Board of Supervisors
on concerns raised on that date by Board members on issues
including trigger locks and ammunition registration.
The Board considered reports from the County Administrator,
the Community Development Deputy Director, the Health Services
Director, and the ordinance from County Counsel, and the Board
discussed these items with Claude Van Marter, County
Administrator' s office, Dennis Barry, Community Development
Department, Dr. Wendel Bruener, Health Services Department and
Victor Westman, County Counsel .
Supervisor Smith moved approval of the recommendations on page
5 of the County Administrator' s report . h
r
Supervisor Rogers seconded the motion.
The Board discussed the motion.
Supervisor Torlakson moved an amendment to the motion to not
move forward with the ammunition registration at this time but
refer the issue to the Sheriff and Police Chiefs ' Association for
evaluation and recommendation.
There was no second to the amendment .
Supervisors Smith ,included as part of the motion referral of
any future issues to a sub-committee that could return with
recommendations to the Board on modifications if needed to the
ordinance .
Supervisor DeSaulnier expressed that he would not support the
motion as presented unless the Board did something with the
liability and the fingerprinting aspect of the record keeping for
ammunition.
Supervisor Rogers indicated that as the seconder of the motion
he could accept that amendment to drop the liability and
fingerprinting aspect and he suggested having staff come back with
a process to incorporate the idea of some type of educational
program.
The Board discussed the motion.
Supervisor Rogers moved a substitute motion that on page 5,
82-36 . 606, to delete paragraph number one, obtain and maintain at
least one million dollars in liability insurance and then also take
out the fingerprinting requirement on page 11, 82-36 . 10 , and place
a period after the word the transferee ' s signature and delete the
words and a right thumbprint or set of fingerprints otherwise
available from the transferee .
Victor Westman, County Counsel, clarified that on page 8 ,
subsection 9 would be deleted also.
Supervisor Smith accepted the substitute motion.
IT IS BY THE BOARD ORDERED that the recommendations contained
in the County Administrator' s report to the Board dated November
21, 1995, are APPROVED; the Sale of firearms Ordinance (95-59) is
ADOPTED as amended; future issues relative to modification of the
Ordinance are REFERRED to a sub-committee of the Board; and the
creation of a Safety Education Committee is referred to staff for
review and report to the Board of Supervisors .
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE D TE SHOWN. r
ATTESTED OZO CIS-
Phil
S
Phil Batchelor,C rk of the Board of Supervisors and
Count(vAdininistra
a
By Deputy
cc: County Counsel
County Administrator
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
651 PINE STREET
MARTINEZ, CALIFORNIA 94553
Phone: (510) 646-2371; FAX (510) 646-1059
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ORDINANCE NO. 95- 59
(Sale of Firearms )
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted provisions of the- County Ordinance Code . )
SECTION I . Chapter 82-36 is added to the Contra Costa County
Ordinance Code to read as follows : /
CHAPTER 82-36 SALE jOF FIREARMS
Article 82-36 . 2 General
82-36 . 202 Purpose . This chapter requires and provides
criteria for the consideration and approval of land use permits and
firearms dealer licenses before the sale of firearms will be
permitted in any nonresidential land use zoning district of this
county. The county finds it necessary to establish land use permit
and firearms dealer license requirements and criteria in the
interest of the public health, safety and welfare to regulate the
sale of firearms in the unincorporated area . This chapter alone
' does not allow or permit sales of firearms , but only applies to
sales of firearms where otherwise allowed or permitted within an
involved applicable nonresidential land use zoning district. This
chapter does not authorize the sale of firearms in any
nonresidential land use district where they are not otherwise
allowed or permitted by the applicable involved zoning district' s
ORDINANCE NO. 95 - 59
� 1 ,
1
regulations . (Ord . 95- 59
8.2-36 . 204 Non Conforming Use Upon the effective date
( December 28 , 1995 ) of this chapter, any person who claims or
believes that he or she has established a legal non-conforming use
to conduct firearms sales , including sales of ammunition, shall,
within ninety days of the effective date of this chapter, provide
written evidence describing the extent and scope of such use to the
Director of the Growth Management and Economic Development
Department ( "GMEDA" ) and obtain a firearms dealer license as
provided . in article 82-36 . 8 . To -the extent such legal non-
conforming use has been established in accordance with this section
and continued after the effective date of this chapter, all
applicable state and federal permits and licenses must be obtained
and maintained in full force and effect and the use may not be
increased, enlarged or expanded without a land use permit as
provided in this chapter. (Ord. 95- 59 § 1 . )
82-36 . 206 . Firearm. "Firearm" means any device, designed to
be used as a weapon or modified to be used as a weapon, from which
is expelled through a barrel a projectile by the force of explosion
or other means of combustion. (Ord . 95- 59 § 1 . )
82-36 . 208 . Ammunition . The term "ammunition, " as used in
this chapter, shall include any ammunition for use in any pistol or
ORDINANCE NO. 95 - _59
2
revolver from which is expelled a projectile by the force of
explosion or other form of combustion . (Ord. 95-59 1 . )
82-36 . 210 . Firearm Dealer. The term firearms dealer, as used
in this chapter, shall mean any person who is engaged in the retail
sale of firearms and/or ammunition. (Ord. 95-59 S 1 . )
Article 82-36 . 4 Applications .
82-36 . 402 Application Contents . In addition to the
applicable requirements of chapters 26-2 and 82-6 and the involved
nonresidential zoning district, an application for a land use
permit to sell firearms , including ammunition, shall contain the
following information:
( 1 ) A description of where the proposed firearm sales is to be
located on the subject property, including a description of the
building or structure ,within which the sale of firearms is to take
place;
( 2 ) The true name and complete address of each owner and
tenant of the building- or structure within which the sale of
firearms is to take place;
( 3 ) A description of all the firearms , including ammunition,
proposed to be sold; and
( 4 ) A description of the security measures planned at the
premises to provide for the protection of the premises and the
ORDINANCE NO. 95 -59
3
goods to be sold thereon;
(5 ) The identification of any existing firearm dealer sales
sites located within 500 feet of the applicant ' s proposed sales
site. (Ord . 95- 59§ 1 . )
Article 82-36 . 6 Land Use Permits
82-36 . 602 Requirement No sale of firearms , including
ammunition, shall be allowed unless and until a land use permit is
first obtained pursuant to this chapter and maintained in full
force and effect . (Ord. 95 -59 § 1 . )
82-36 . 604 Additional Findings . In addition to 'the findings
established in article 26-2 . 20 , and section 82-6 . 002 , no land use
permit to allow the sale of firearms , including ammunition, shall
be issued unless the following findings are made:
( 1 ) The district in which the firearm sales is to take place
is not a residentially zoned area; and the proposed site is not
located within 500 feet of a residentially zoned area;
( 2 ) The firearm sales will not take place in a location which
is within 500 feet of a school , daycare, park, establishments that
have on-site or off-site alcohol sales , places of worship or an
existing firearm dealer' s sales site;
( 3 ) The applicant has demonstrated that the location in which
the firearm sales are to take place will have adequate safe
ORDINANCE NO. 95 - 59
4
storage, security and a lighting system. (Ord. 95 - 59 1 . )
82-36 . 606 Compliance . - In order for a land use permit issued
under the provisions of this chapter to become effective and remain
operable and in full force, the applicant at all times shall :
( 1 ) Within 30 days of obtaining a land use permit and prior to
any sales , first .obtain a local firearms dealer license from the
Director of Growth Management and Economic Development ( "GMEDA" ) ,
which will not be issued except upon proof of a land use permit
obtained in accordance with the provisions of this chapter. Such a
license will be considered for issuance pursuant to guidelines to
be established by GMEDA and in accord with criteria set forth .in
article 82-36 . 8 and maintained in full force and effect;
( 2 ) Maintain a . record of ammunition purchases as provided in
article 82-36 . 10 .
( 3 ) Comply with all state and federal statutory requirements
for the sale of firearms and ammunition and -reporting of firearm
sales (Pen . Code § 12076 ) , including the provisions of California
Penal Code sections 12070 and 12071 , including but not limited to
the statutory requirement that all thefts of firearms be reported
within 48 hours of discovery to the Sheriff (Pen . Code §
12071 (b) ( 13 ) ) , and within thirty days of a written request by
GMEDA, provide proof of such compliance . (Ord. 95 - 59 § 1 . )
82-36 . 608 Granting. Land use permits for the sale of
ORDINANCE NO. 95 - 59
5
firearms as allowed in this chapter and variance permits to modify
the provisions of this article may be granted as provided and
required .by this chapter and in accordance with chapters 26-2 and
82-,6 . (Ord . 95 - 59 § 1 . )
Article 82-36 . 8 . Firearms Dealer Licenses .
82-36 . 802 Licensing Authority. The Director of Growth
Management and Economic Development Agency ( "GMEDA" ) is designated
as the local licensing agent for purposes of Penal Code section
12071 , relating to firearm sales . As the local licensing agent,
GMEDA will, as he or she deems necessary, administer applicable
provisions relating to firearm sales (Pen . Code §§ 12070 , 1.2071 )
r
and establish guidelines for the issuance of local firearms dealer
licenses in accordance with criteria established by Penal Code and
as provided in section 82-36 . 804 . The applicant shall pay
compensatory fees and costs for such permit as established by the
Board of Supervisors pursuant to recommendation of GMEDA. (Ord. 95
59 § 1 .,)
82-36 . 804 Local Firearms. Dealer Licenses . In accordance with
the provisions of Penal Code section 12071 , GMEDA, as the local
licensing authority, shall accept applications for and may grant
licenses valid for one year (Pen. Code § 12071 (a ) ( 6 ) ) permitting
the retail sale of firearms and ammunition in the unincorporated
area of the county where otherwise allowed by the involved zoning
ORDINANCE NO. 95 - 59
6
district, provided that a written application containing the
following is submitted to and approved by GMEDA:
( 1 ) The name, age, and address of the applicant;
( 2 ) The address of the proposed location for which the license
is required, together with the business name, if any;
( 3 ) Proof of a possessory interest in the property at which
the proposed business will be conducted in the form of ownership,
lease, license or other entitlement to operate at such location and
the written consent of the owner of record of the real property;
( 4 ) Proof of compliance with all federal and state licensing
laws , including but not limited to the provisions of California
Penal Code section 12071 requiring reporting ,of thefts (Pen. Code S
12071 (b) ( 13 ) ) , and security storage requirements for each firearm
(Pen. Code 12071 (b) ( 14 ) , 15, (c ) ( 3 ) ) ;
( 5 ) Proof of the issuance of a land use permit at the proposed
location, or in the alternative, proof of compliance with the
provisions of section 82-36 . 204 for the establishment of a legal
non-conforming use;
( 6 ) Information relating to licenses or permits relating to
other weapons sought. by the applicant from other jurisdictions ,
including, but not limited to date of application and whether each
application resulted in issuance of a license;
( 7 ) Information relating to every revocation ofa license or
permit relating to firearms , including but not limited to date and
circumstances of the revocation;
ORDINANCE NO. 95
7
( 8 ) Applicant' s agreement to indemnify, defend, release and
hold harmless the county, its officers , agents , and employees, from
and against all claims, losses costs , damages and liabilities of
any kind, including attorney fees , arising in any manner out of the
applicant' s negligence or intentional or willful misconduct and
( 9 ) Payment of nonrefundable compensatory fees for
administering this chapter in amounts to be established by
resolution of the Board of Supervisors . (Ord. 95 - 59
82-36 . 806 . Conditions of Approval . In addition to other
requirements and conditions of this chapter, 'a firearms dealer .
license is subject to the following conditions , the breach of any
of which is sufficient cause for revocation of the license by
GMEDA;
( 1 ) The business shall be carried on only in the building
located at the street address shown on the license .
( 2 ) Compliance with all requirements of applicable state and
federal law relating to firearm sales , including provisions-
relating to manner of delivery of firearms , age and identity
requirements for purchasers , storage of firearms , recording and
reporting of firearms sales transactions , and posting of required,
notices on the premises . (Pen. Code §§ 12071 , 12076 )
( 3 ) The licensee shall not sell , lease or otherwise transfer a
firearm without also selling or otherwise providing with each
firearm a trigger lock or similar device -that is designed to
ORDINANCE NO. 95 - 59
8
prevent the unintentional discharge of the firearm; and
( 4 ) The licensee shall maintain a record of all ammunition
sales as provided in article 8.2-36 . 10 ; and
( 5 ) The licensee shall obtain and maintain any necessary
local licenses , including a business license. (Ord. 95 - 59 § 1 . )
82-36 . 808 . Grounds for License Denial . GMEDA may deny the
issuance or renewal of a firearm dealer' s license when one or more
of the following conditions exist:
( 1 ) The applicant is under 21 years of age;
( 2 ) The applicant is not licensed as required by federal ,
state and local law;
( 3 ) The applicant has had a firearms permit or license
previously revoked or denied for good cause within the immediately
preceding two years ;
( 4 ) The applicant has made a false or misleading statement of
a material fact or omission of a material fact in the application
for a firearm dealer' s license; or
( 5 ) The operation of the business as proposed would not comply
with federal , state and county ordinances ; including but not
limited to the California Penal Code' and applicable building and
fire safety regulations . (Ord. 95 - 59 § 1 . )
82-36 . 810 . Renewability of Firearms Dealer license . A
firearms dealer license expires one year after the day of issuance .
ORDINANCE NO. 95 - 59
9
A license may be renewed for additional one year periods upon the
payment of the application fee and -licensee' s submission of a new
written application for renewal which includes the information
required by 82-36 . 804 . Upon receipt of the fee and new
application, GMEDA will review the application and render a
decision pursuant to the provisions of this article for initial
license application. Such application for renewal must be received,
by GMEDA no later than 45 days before the expiration of the current
license . (Ord. 95 - 59 § 1 . )
Article 82-36 . 10 Records of Ammunition Sales .
82-36 . 1002 . Record of Ammunition Sales . No firearm dealer
shall sell or otherwise transfer ownership of any ammunition
without at the time of purchase recording the following information
on a form to be prescribed by GMEDA: the date of the .transaction,
the name, address and date of birth of the transferee, the
transferee' s driver' s license or other identification number and
the state in which it was issued, -the brand, type and amount of
ammunition transferred and the transferee' s signature . (Ord . 95 -
59 § 1 . )
82-36 . 1004 . Inspection of Records . The records required by
this section shall be maintained on the firearm dealer' s premises
for a period of not less than two ( 2 ) years from the date of the
recorded transfer. Said records shall be subject to inspection at
ORDINANCE NO. 95 - 59 '
10
any time during normal business hours by GMEDA or his or her
designee. (Ord . 95 - 59 § 1 • )
82-36 . 7.006 . Maintenance of Records . No person shall
knowingly make a false entry in,' or fail to make a required entry
in, or fail to maintain in the required manner records prepared in
accordance herewith. (Ord . 95 - 59 § 1 . )
Article 82-36 . 12 . Nonassignability and Severability.
82-36 . 1202 . Nonassignability. A firearms dealer license
issued under this chapter is not assignable . An attempt to assign
a firearms dealer license renders the license void. (Ord. 95 - 59
§ 1 • )
82-36 . 1204 . Severability. If a part of this chapter is held
to be invalid, the remaining portions of this chapter are not
affected . (Ord . 95 - 59
SECTION II . EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors , voting for and
against it in the . CONTRA COSTA TIMES a newspaper published in
this County. (Gov. Code §§ 25123 & 25124 . )
ORDINANCE NO. 95 - 59
11
PASSED ON November 28 , 1995 by the following vote:
AYES : Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By: - clv
IJeputy BoarA Chair
[SEAL]
djs-5\A:\firearms.ord
ORDINANCE NO. 95 - 5-1
12
AGENDA MATERIAL
RECEIVED AFTER
THE AGENDA ----
PACKET WAS
ASSEMBLED
:f
,i
OFFICE OF THE COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
651 Pine Street, 11th Floor
Martinez, CA 94553
DATE: November 21, 1995
TO: Supervisor Gayle Bishop
Supervisor Jim Rogers
Supervisor Jeff Smith
Supervisor Mark DeSaulnier
Supervisor Tom Torlakson
FROM: Claude L. Van MafRGARDING
sistant County Administrator
SUBJECT: DELIBERATION ADOPTION OF AN ORDINANCE
REGULATING GUN DEALERS IN NON-RESIDENTIAL,
UNINCORPORATED AREAS OF THE COUNTY
On the Board's agenda for Tuesday, November 28, 1995 at 2:45 P.M., we have
placed consideration of the adoption of the attached Ordinance, which regulates gun
dealers in non-residential, unincorporated areas of the County, but does not regulate
gun dealers in residential areas of the County, on the basis that current land use
regulations already prohibit a gun dealer from selling firearms from his or her home
(residentially zoned unincorporated area of the County).
PROVISIONS OF THE PROPOSED ORDINANCE:
The attached draft Ordinance does all of the following:
Applicable to existing non-residential gun and ammunition dealers
U Require a license from GMEDA, including an application and all related materials
as noted below, except for the land use permit.
Applicable to future non-residential gun dealers and to existing non-residential dealers in
cases where the use is increased, enlarged or expanded
GENERAL REQUIREMENTS:
❑ Require that any necessary local licenses, including a business license, be
obtained and maintained.
❑ Have in force $1,000,000 of general liability insurance.-
❑ Require that all firearms be sold with a trigger lock.
❑ Comply with all State and Federal statutory requirements for the sale of
firearms and ammunition and reporting of firearm sales.
ANNUAL LICENSE REQUIREMENTS:
❑ Require an annual license from GMEDA and permits GMEDA to set
guidelines for the issuance of the license.
❑ Require an application annually for a local firearms dealer license, which must
include:
✓ Name, age and address of the applicant.
✓ Address of the proposed location for the sales.
✓ Proof of a possessory interest in the property at which the sales will
take place.
✓ Proof of compliance with all Federal and State licensing laws.
✓ Proof of the issuance of a land use permit, if required.
✓ Information regarding weapons sought by the applicant from other
jurisdictions, including whether each application resulted in the
issuance of a license.
✓ Information relating to every revocation of a license or permit relating
to firearms.
✓ Agreement to indemnify the County against all claims arising out of the
applicant's negligence or intentional or willful misconduct.
-2-
✓ Certification of satisfaction of insurance requirements.
✓ Payment of fees established by the Board of Supervisors.
❑ Pay an annual compensatory fee for the license.
AMMUNITION RECORD-KEEPING REQUIREMENTS:
❑ Require maintenance of records for ammunition sales and transfers, including:
✓ Date of transaction.
✓ Name, address and date of birth of transferee.
✓ Driver's license or other identification number.
✓ Brand, type and amount of ammunition transferred.
✓ Transferee's signatures.
✓ Right thumbprint or set of fingerprints from the transferee.
LAND USE PERMIT REQUIREMENTS
❑ Submit an application for a land use permit containing:
✓ Description of where the sales will take place.
✓ Name and address of each owner and tenant.
✓ A description of all firearms and ammunition to be sold.
✓ Description of security measures.
✓ Identification of any other dealer sales sites within 500 feet.
✓ How the applicant will comply with the liability insurance requirement.
❑ Require a land use permit. Require findings that the site is:
✓ Not a residentially zoned area.
-3-
r
✓ Not within 500 feet of a residentially zoned area.
✓ Not within 500 feet of a:
O school
O daycare
O park
O on-site alcohol sales
O off-site alcohol sales
O church
O existing firearm dealer's sales site
✓ Provides for adequately secure storage, security and lighting system.
From reviewing the transcript of the Board's discussion of this item on November 14,
1995, we have concluded that the Board requested the following information, which
we have requested staff from the Health Services Department and Community
Services Department to provide:
A. Information from staff on the ammunition registration and sales information,
including what use the County would make of the information, does it help law
enforcement agencies connect a crime scene with an individual to know who
bought certain ammunition?
B. Information from the responsible Federal agencies regarding why they
recommended abandoning the registration of ammunition sales?
C. What information do we have or can we obtain from other cities or counties
which have implemented the ammunition provisions regarding what their
experiences have been and what use they have made of the data they
collected or required be maintained.
D. Information from staff regarding how much it would cost to implement and
enforce just the ammunition provisions cost compared with the rest of the
ordinance?
E. Information from staff on the cost to implement and enforce the trigger lock
provisions of the proposed ordinance.
-4-
F. How much of what the Board wants to.achieve in terms of added safety can
be accomplished through the State registration pursuant to Penal Code
Section 12071 without the need for an additional local ordinance?
G. What commercially or industrially zoned areas would remain available for new
gun dealers if the.500 foot exclusion zone from various types of facilities is
included in the final ordinance?
We will provide as much of this information as possible by the close of business on
Wednesday, November 22, 1995. However, because of the holidays on November
23 and 24, 1995, it may not be possible to complete all of the staff work, in which
case we will fax the balance of it to you on Monday, November 27, 1995.
In your deliberations over the adoption of the Ordinance, we would recommend that
the Board consider the following recommendations:
1. ADVISE the.Bureau of Alcohol, Tobacco & Firearms (ATF) of existing law and
any proposed changes in existing law in this County having to do with the
regulation of gun dealers in the unincorporated areas of the County and
request that ATF take those laws into account in granting applications for
Federal Firearms Licenses (FFL's) and in renewing existing FFL's.
2. DESIGNATE the Director of the Growth Management and Economic
Development Agency (GMEDA) to be the "duly constituted licensing authority"
in the unincorporated areas of Contra Costa County pursuant to Penal Code
Section 12071 and direct the Director, GMEDA to implement the provisions
of Section 12071 having to do with accepting applications for and granting
licenses permitting licensees to sell firearms at retail within the unincorporated
areas of the County.
3. If the Board of Supervisors wishes to pursue an Ordinance, then staff would
suggest that the Board adopt some or all of the draft Ordinance which is
attached and which is summarized as noted above.
4. DIRECT the County Administrator to report to the Board of Supervisors during
the month of May, 1996 on the number of federally licensed gun dealers in the,.
County and any changes from the number of federally licensed gun dealers
as of October, 1995 so the Board can determine whether any additional steps
need to be taken to regulate gun dealers in the unincorporated area of the
County.
-5-
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: November 21, 1995
TO: Board of S pervisors
l
FROM: Dennis M. Barry, Dep ty Director
SUBJECT: QUESTIONS REGARDING PROPOSED GUN AND
AMMUNITION DEALERS ORDINANCE
After the close of the subject hearing on November 14, 1995, your Board
requested that staff research and report on certain questions related to the draft
ordinance provisions. There were three areas of inquiry relevant to the
Community Development Department. These included the cost of enforcing only
the record of ammunition sales article, the cost to enforce the trigger lock
provisions and whether the draft sections related to additional findings needed to
support an approval of a land use permit under the ordinance were so restrictive
as to amount to a total ban on new establishments selling guns and ammunition.
With regard to the first two issues related to cost, the added, or marginal cost of
these two activities would be minimal in comparison to the costs to which they
attach. The extra cost of the ammunition registration, once the licensing activities
are otherwise in place would be the average cost over all licenses of creating,
printing and distributing the forms prescribed by GMEDA. There would also be
minimal administrative costs to retain, review and disseminate the information,
should that be requested. In general, staff suggest that these costs could be passed
on to the users in the form of charges and fees.
The trigger lock requirement is included as a condition of approval of a license
pursuant to Section 82-36.806(3). Since it is related to the issuance of the
license, the cost of enforcing the trigger lock provision would be included in the
licensing fees established by the Board for the cost of GMEDA administration of
the license provision. Therefore, there would be no net County cost.
f
Board of Supervisors
Gun and Ammunition Dealer Ordinance
Page 2
Regarding the question of the restrictiveness of the ordinance amounting to a total
ban on new establishments, staff has not had the opportunity or resources to plot
500-foot radii from every potential R-B (Retail-Business) location in the
unincorporated area. However, having carefully reviewed all of the County's
zoning ordinance maps, a few qualified generalizations may be made. The
qualifications are based upon the staff's lack of a list or plot of all the locations of
schools, day care facilities, parks, establishments that have on-site and off-site
alcohol sales, places of worship, or existing fire arm dealer sites. Further, staff is
not in possession of all the city zoning maps, but assumes that the exclusion from
residentially zoned areas includes such areas within cities. Staff review included
the Countywide General Plan map which includes land uses within the cities.
Based upon our review, the adoption of the proposed ordinance would not
constitute a complete ban on the location of new gun and ammunition dealers
from the unincorporated areas of the County. However, it should be noted that
there are very few sites which would qualify under the proposed criteria, even
without considering the lack of information on the above-mentioned factors. In
general, the areas identified are zoned R-B (Retail Business), C-M (Controlled
Manufacturing), H-I (Heavy Industrial), and L-I (Light Industrial). With the
exception of the R-B zoning District, all of these Districts would require the
issuance of a land use permit to establish a gun or ammunition dealer site under
present code requirements. Of the remaining R-B zoned sites, few are proximate
to existing established commercial areas (e.g., the area left zoned R-B within the
agricultural core, is surrounded by agricultural zoning).
Based on the foregoing analysis of the County's zoning requirements and zoning
maps, staff finds that while adoption of the proposed Ordinance would not
amount to a total prohibition of new gun and ammunition dealer locations, there
are few locations that would qualify under the proposed Gun and Ammunition
Dealer Ordinance.
DMB:gms
pl6:Gun&Ammo.mem
cc: County Administrator
County Counsel
Clerk of the Board of Supervisors
PREVENTION PROGRAM
DATE: November 27, 1995
TO: Claude L. Van Marter, Assistant County Administrator
FROM: Wendel Brunner, MD Public Health Director
SUBJECT: RESPONSE TO INFORMATION REQUESTED BY THE BOARD OF
SUPERVISORS ON GUN DEALER ORDINANCE
In response to your memo of November 16, 1995.the Health Services Department has
reviewed the questions you outlined. In addition to responding to items A, B, C and F, as
you have suggested, we have also included additional recently obtained information relative
to items D and E as well.
We have contacted the cities of Pasadena, Oakland, Richmond, and the Bureau of Alcohol
Tobacco and Firearms (BATF) to obtain the information requested by the Board of
Supervisors.
♦ The City of Pasadena is the city that requested the Attorney General's opinion
regarding their proposed ordinance regulating.ammunition, including purchaser
registration.
♦ The City of Oakland has had their dealer ordinance in.effect for three years and their
police department conducts close monitoring of guns dealers: Additionally, they are
very experienced in the forensic treatment of firearms and ammunition in criminal
investigations.
♦ The City of Richmond has had its dealer ordinance in effect for a year now and has
worked cooperatively with.the ATF in its enforcement.
♦ The Bureau of Alcohol, Tobacco and Firearms (BATF) is the agency that was
responsible for enforcement of the federal ammunition registration program between
1968 and 1986.
The following answers correspond to the questions as listed in your memo of November 20,
1995.
A. The ammunition registration program would serve several different objectives. First,
registration of the sale serves as a deterrent to both juvenile and career criminal purchases.
75 Santa Barbara Road Plea Sant Hill California 94523-4200
q Co''ntra . Cos'ta `Cou`nty Health Servic.es.` Depart.ment
510 • 646 • 6511 FAX 510 • 646 • 6520 email • HN0051 @ hand5net.org
Second, for law enforcement it provides clues and information on any unusual patterns in
purchasing or purchases by known associates of criminals. The register can also be used in
providing circumstantial evidence linking ammunition to a purchaser., Third, in the case of
defective ammunition, selling of armor-piercing ammunition or a recall of ammunition, the
register will greatly facilitate consumer notification.
Sergeant Mike Meza of the Pasadena Police Department was interviewed by telephone
regarding their ammunition registration program. He said that since the ordinance passed in
December 1994, they have noticed that when juveniles are caught with a firearm, they are
using a mix of ammunition brands. He interpreted this to mean that registration has made it
more difficult for minors to purchase ammunition from the dealers and therefore have to turn
to a number of sources to obtain any quantity.
Sergeant Meza agreed when asked if the addition of a fingerprinting requirement would
enhance their program. He said that it would probably cut down on straw purchases because
of the increased scrutiny. He added that fingerprints are routinely taken in pawn shops when
people pawn items, including guns. He felt that if law-abiding persons have to provide
fingerprints at a pawn shop, that requiring the same of ammunition purchasers would
constitute a minimal intrusion compared to its potential benefit.
Sergeant Randy Gaston of the Oakland Police Department was also interviewed by telephone.
Sergeant Gaston stated that if the proposed Contra Costa ammunition purchaser registration
program with the fingerprints were in effect on a regional basis, e.g. the East Bay Corridor,
it would be of substantial utility to local law enforcement in criminal investigations and
prosecutions.
The establishment'of the ammunition registration program with fingerprinting will close the
loop, facilitating the tracing of information at the local level. Beside'tlie deterrent effect on
juveniles and career criminals,_it also provides a mechanism to verify the identification of the
purchaser through the CalID program and to more accurately link specific ammunition to
purchasers and their guns.-The Police or the Sheriff's Department can routinely scan the
fingerprints in the ammunition register to determine if the names indicated match the names
in CalID.
B. A comparison of the proposed Contra Costa ammunition registration program to the
federal program in existence at the federal level prior to McClure-Volkmer, indicates
differences and similarities. The federal program,required that dealers maintain records of
the ammunition that could be chambered for handguns that they received from the
manufacturers as well as a record of purchasers of that type of ammunition. The Contra
Costa program creates a register for all types of ammunition at the point of sale between
dealers and purchasers.
According to Dennis Anderson, spokesperson for the regional office of BATF, the federal
program required dealers to have a special FFL to sell ammunition and that they had to
maintain invoices of receipt of ammunition from the manufacturers and a record of
2
disposition. Even though the program was designed to deter minors from purchasing handgun
ammunition, the federal program did not prescribe any sort of identification nor did the
purchaser have to sign the register. As such it provided little information that was useful to
law enforcement.
C. The discussion with Sergeant Meza of Pasadena indicated that they routinely screen the
ammunition purchaser registers to keep track of who is purchasing and how much they are
purchasing. Their system identifies if there have been people who have been buying
unusually large amounts of ammunition. They-also screen for names of persons known to
associate with career criminals.
D. According to Sergeant Meza there is no direct cost to the police department or the city
because the record keeping requirement applies only to the dealers. The information is
provided to the police department routinely, as well as by special request or during
inspections. The registers therefore become an additional piece of police intelligence on the
flow of firearms and ammunition in their jurisdiction.
Sergeant Marc Hildebrand of the Richmond Police Department, in a telephone interview,
advised that if the ordinance were to be adopted as originally proposed, the remaining field
of dealers in commercial or industrial areas would be relatively small. In Richmond in the
year since its Gun Dealer Ordinance was adopted, the police department has not received a
single application for a gun dealer permit, nor did any existing, non-conforming dealers
come forward to be grandparented-in. Thus, the city has encumbered absolutely no costs in
administering this program, once more attesting to the effectiveness of the fee-for-permit
process.
E. There are no costs to the county to implement and enforce the trigger lock provision of
the ordinance. The requirement to sell trigger locks with all firearms sold by the dealer is
simply a condition of doing business. Compliance would be ensured through normal
inspections where a receipt of the sale, including the trigger lock, would be available.
A survey of local gun dealers listed in the Yellow Pages in Contra Costa indicates that about
half.of them sell trigger locks and that,the retail price ranges from $10.00 - $15.00 for the
most common type, Masterlock. One store had.four different models with the top-end price
of $30.00.
F. Penal Code 12071 (b)(15) provides for jurisdictions under 200,000 population, such as the
unincorporated area of Contra Costa County, to exercise their option of requiring the same
secure facility and storage measures of gun dealers in their jurisdiction as the state requires
of gun dealers in larger jurisdictions as listed in PC 12071 (b)(14). PC 12071 (c)(3) is the
state's definition of a secure facility as referenced in 12071 (b)(14).
Minimally, a local ordinance would need to be established to exercise this local option. The
Suter et al v. The City of Lafayette decision indicates that Penal Code 12071 establishes a
minimum state standard for safe operations and that additional safety measures such as
3
trigger locks, liability insurance and the ammunition registration are allowable requirements
at the local level.
If any part of this memo needs clarification please do not hesitate to contact me as soon as
possible.
4
DEC-06-1995 09:53 JM 11ARKETING PR 510 947 4414 P.01/04
J
J
JOHN
MUIR
MEDICAL
CENTER
FACSIMILE TRANSMISSION COVER PACE
Number of pages including cover sheet: y
DATE: TIME SENT: wJ
TO:
�.,
PHONE NUMBER: ----13 71
FAX NUMBER:
FROM: , w
Phone: (510)_
�-7 Fax: (5 10) 947-4414
CONTENTS:
_-�✓11^'1L4/`1, /f/ su v' �/
MESSAGE:
UEC:-06-1995 09:54 JM r1ARKETING & PR 510 947 4414 P.02iO4
Delia Mcmori,7111ospital
Medical Cei7ter
Jolm Muir
Kaiser Pemlonenle
A11C;7?01i,7j
110spital
Aft. Diablo Afcdical Ccater
Dear Community Leader:
The Chief Executive Officers from the non-profit hospitals serving central and eastern Contra Costa
County are writing to ask for your participation in a community needs assessment. This assessment
will help identify needs and existing resources in the community.
Representatives of these hospitals have been meeting in a collaborative effort to address, as a unified
group, the health care needs of county residents. This collaboration began in response to state
legislation enacted last year(SB 697) that requires private, non-profit hospitals to undertake a
community needs assessment and develop a community benefits plan.
As not-far-profit providers, we have historically given back to our communities in many ways;
charity health care, in-kind services, financial and technical support to community groups, and
community health education efforts, to name a few. Our institutions are grounded in and
dedicated to community service,
We have come together to i mprove the health of the residents of Contra C05ta.County. This is
a long-terra commitment on our Dart. As a key leader and decision maker in your community, your
input is critical Nt'e value your perceptions about health issues facing this region, and therefore
we ask you to take a few minutes to complete the enclosed survey and return it in the
envelope provided, or fax it to Libby Craig at 947-4414, by December 11, 1995.
Thank you for your help with this vital effort, If you have any questions about this survey, please
feel free to contact Libby Craig, John Muir Medical Center, at 947-3391 or Richard Thomason,
Kaiser Permanente, 295-5090.
J. Kendall Anderson, PresidentiChief Executive Officer Frank Puglisi, Executive Director
John Muir Medical Center Merrithew Memorial Hospital &Health Centers
7ovice Berger, Vice President and Area Manager Michacl Wall, PresidenUChicf Executive QiFicer
North East Bay Customer Service Area, Kaiser Permanente Mt. Diablo Medical Center
Linda Horn, Administrator
Delta'Memorial Hospital
DEC-06-1995 09:54 JM MARKETING & PR 510 947 4414 P.03/04
COMMUNITY,PRIORITY HEALTH {NEEDS SURVEY
Name
Title
(1) Agency/Organization
Address Telephone T
Please rate the following health problems by circling the appropriate number.
How important do you perceive these How adequate are currently available
problems to be for the residents of our services and resources to prevent
community? or treat these problems?
Not Not
at all Slight Moderate Serious Severe at all Inadequate Adequate Good Excellent
(2) Acute illness and injury (requiring 1 2 3 4 5 1 2 3 4 5 (34)
emergency care)
(3) Smoking related diseases (heart 1 2 3 4 5 1 2 3 4 5 (35) -
attacks, stroke, some cancers)
(4) Diabetes 1 2 3 4 5 1 2 3 4 5 (36)
(5) Nutritional disorders (obesity, 1 2 3 4 5 1 2 3 4 5 (37)
anorexia, cholesterol, etc.)
(6) Health problems of pregnant 1 2 3 4 5 1 2 3 4 5 (38)
women
(7) Cancer 1 2 3 4 5 1 2 3 4 5 (39)
(8) Childhood illnesses 1 2 3 4 5 1 2 3 4 5 (40)
(9) physical abuse of children 1 2 3 4 5 1 2 3 4 5 (41)
(10) Sexual abuse of children 1 2 3 4 5 1 2 3 4 5 (42)
(11) Violence to women 1 2 3 4 5 1 2 3 4 5 (43)
(12) Rape/Sexual assault 1 2 3 4 5 1 2 3 4 5 (44)
(13) Violence to elders 1 2 3 4 5 1 2 3 4 5 (45)
(14) Conflicts between youth 1 2 3 4 5 1 2 3 4 5 (46)
(15) Teen sexual activity 1 2 3 4 5 1 2 3 4 5 (47)
(16) Sexually transmitted diseases 1 2 3 4 5 1 2 3 4 5 (48)
(17) H1V/Aids 1 2 3 4 5 1 2 3 4 5 (49)
Lack of information about preventive
health issues:
(18) - For youth 1 2 3 4 5 1 2 3 4 5 (50)
(19) - For elders 1 2 3 4 5 1 2 3 4 5 (51)
(20) - For other adults 1 2 3 4 5 1 2 3 4 5 (52)
-CorningWorks, 1995
DEC:-06-1995 09:55 TM MARKETING & PR 510 947 4414 P.04/04
How important do you perceive these How adequate are currently available
problems to be for the residents of our services and resources to prevent
community? or treat these problems?
Not Not
at all Slight Moderato Serious _Severe at gill Inadequate Adequate Good Excellent
Substance Abuse (drugs and alcohol):
(21) - In youth 1 2 3 4 5 1 2 3 4 5 (53)
(22) - In elders 1 2 3 4 5 1 2 3 4 5 (54)
(23) - In other adults 1 2 3 4 5 1 2 3 4 5 (55)
(24) Work related health issues 1 2 3 4 5 1 2 3 4 5 (561
(25) Environmental health issues 1 2 3 4 5 1 2 3 4 5 (57)
(26) Mental illness 1 2 3 4 5 1 2 3 4 5 (5$)
(27) Lack of financial resources/
health insurance 1 2 3 4 5 1 2 3 4 5 (59)
(28) Cultural flanguage. differences 1 2 3 4 5 1 2 3 4 5 (60)
Appropriate and accessible primary
care services for:
(29) - Children 1 2 3 4 5 1 2 3 4 5 (61)
(30) - Women 1 2 3 4 5 1 2 3 4 5 (62)
(311 - Men 1 2 3 4 5 1 2 3 4 5 (63)
(32) - Elderly 1 2 3 4 5 1 2 3 4 5 (64)
(33) - Immigrants/Minorities 1 2 3 4 5 1 2 3 4 5 (65)
Please list three health problems that you feel are of the highest priority at this time:
(66) 1.
(67) 2.
(68) 3.
To complete our data analysis, please provide the following personal information:
(69) Gender: Male Female
(70) Age: C 25_ 25.44 45.64 65+
(71) Family/Living status: Single _ Married _ Children at home
(72) Community resident: 0-5 years _ 5-10 years _ 10 years or more
Thank you for retirenrheri,ig to fill in your name and identifying information
on the,first page!
I f possible, please FAY your response to Lihhy Craig at (510) 947-4414.
TOTAL P.04
26 November 1995
Dear Supervisors
I again see where you are taking Handgun Control Inc.'s agenda into the Boardroom, and I am
distressed. The finger printing of people who obey existing laws is at least a moral violation of their
rights and an inference that they are future criminals, clearly against the concept of innocent until
proven guilty.
Mr. De Saulnier states in Sunday's CCT that he doesn't "think it will be punitive to law-abiding
citizens" and I again ask the question WHY VIOLATE THE RIGHTS OF THE LAW-ABIDING?
Let me put it into A DIFFERENT PERSPECTIVE: What if this legislation was to require that
Supervisor De Saulnier had to finger print every patron at his bar each time they came in to help
identify drunken drivers?Who's rights are being violated?Only the law-abiding, and they are not
doing anything suspicious, are they? Who would suspect that they will violate the law driving home?
How about Supervisor Rogers' clients: Since they are innocent of any infractions of the law, he
shouldn't have any problem finger printing them prior to taking their cases, right?
How about Supervisor Smith's patients?Would they scream if every time they went to see a doctor
they were finger printed? You bet!!!
I was on the second fire engine into a double shooting in Concord last week, and the young hoodlums
should have gone to jail instead of going to the hospital. But they were 'innocent' they proclaim!
Yeah, sure. What were nine early teens doing at a closed shopping center, dressed like hoods and
jumping fences? What did they do to provoke the attack? We will likely never hear the truth. In
Richmond, the people know who the killers are, but decline to even use the WE-TIP phone number.
Has that stopped the drug dealers in that city?No. If you could get the guns away from the criminals,
they would go back to using knives, clubs, and chains like was done in earlier years and is done in
Canada today.
Lets get after the perpetrators of crimes, not make the law-abiding prove their innocence.
Put more money into the sheriffs dept. now that you won't have Finucane to do their "work" for them
through his medical budget.
Respectfully, -
RECEIVED
hohnMulhall
Nov 2.7
156 Loralee Place
Pleasant Hill, Calif 94523 CLERK BOARD OF SUPERVISORS
CONTRA COSTA►CO.
680-1798
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