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HomeMy WebLinkAboutMINUTES - 05021995 - 2.3 2 . 3 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _ May 2, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None ----------------------------=------------------------------------------------- ------------------------------------------------------------------------------ SUBJECT: Report on Gun Dealers The Board received the report of the Health Services Department entitled "Taking Aim at Gun Dealers: Contra Costa's Public Health Approach to Reducing Firearms in the Community. " Andres Soto commented on the scope of the report relative to zoning and business regulations; pre-emption of related resolutions to include requesting the State Legislature to rescind firearms pre-emption laws and to permit local jurisdictions to collect ammunition surcharges; and local ordinance options such as a firearms discharge ordinance and/or an ordinance banning or regulating gun shows in the area. In addition the report proposed the adoption of resolutions to provide for a penalty for carrying a loaded concealed firearm without a permit, government regulation on the manufacture and sale of Saturday Night Specials, and a request for the development and implementation of a comprehensive national gun policy. Joseph Hogan, 237 Corliss Drive, Moraga, spoke on the need for community control of gun sales and the proposals contained in the report. At the conclusion of the discussion on the report, the Board REAFFIRMED its position of January 23, 1995, on the need for an ordinance regulating firearms dealers in residential areas of the County. The Board ACCEPTED the report and REFERRED the report and entire issue pertinent to gun control to the Internal Operations Committee with direction to the Committee to coordinate the solicitation of input from the Countywide Youth Commission, the City/County Relations Committee, the Police Chiefs' Association, and other appropriate agencies, committees, commissions, etc. ; and to coordinate a survey of known gun dealers operating out of their homes that would provide information on the number of dealers having a business license as well as the type and quantity of firearms and ammunition sold by them. The Board DIRECTED County Counsel to research the legality of tagging ammunition in order to identify the purchaser should the need arise. May 2, 1995, No. 2 . 3 Gun Control Report Page 2 The Board further DIRECTED County Counsel to add the following three provisions to the proposed ordinance: 1) Require any person purchasing ammunition to provide his/her name, address, type of ammunition, quantity of ammunition, signature, and finger prints; 2) Require trigger-locks on guns; and 3) Require gun dealers to report the loss or theft of guns. In conclusion, the Board REQUESTED the County Administrator to report as soon as possible on current State legislation concerning gun control. 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 date shown. ATTESTED: PHIL BATCmVfoon,Clerk of the Board of Supervisors and County Administrator +.� Deputy cc: County Administrator Internal Operations Committee County Counsel Sheriff-Coroner Community Development Director Date: / REQUESTTO SPEAK FORM (Two [2] Minute Limit) Complete this form and place it in the box ar the speakers' rostrum before addressing the Board. Name: JC� S Phone: 8( Address: r r J City: 6U I am speaking for: Myself OR ❑ Organization: NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # ` My c mments will be: ❑ General El For El Against I wish to bj speak on the subject of: IL QM t�A O� C74.� P J ❑ I do not wish to speak but leave these comments for th ard to consider: 2.3 Taking Aim at Gun Dealers: Contra Costa's Public Health Approach to Reducing Firearms in the Community Acknowledgements This paper was prepared by PACT (Policy, Action, Collaboration and Training) for Violence Preven- tion, a Contra Costa County community coalition based in the West County communities of Rich- mond, North Richmond and San Pablo. The coalition, in partnership with the Contra Costa Health Services Department, conducts leadership training for African American, Laotian and Latino youth; researches and analyzes local intentional injury data; develops policies for regulating local firearms dealers; and coordinates multi-cultural forums and events. PACT receives funding from the U.S. Department of Health and Human Services' Office of Maternal and Child Health and Office of Minority Health. Additional support is provided by the Contra Costa County Health Services De- partment. In 1994, the Contra Costa Health Services Prevention Program assisted the county Board of Supervi- sors in developing a countywide Action Plan for Violence Prevention which was placed before the voters. The plan was approved by 78.8 percent of voters, paving the way for the implementation of 25 recommendations including the establishment of a countywide task force appointed by the Board of Supervisors. Taking Aim at Gun Dealers: Contra Costa's Public Health Approach to Reducing Firearms in the Community was published in March, 1995 by the Contra Costa Health Services Department Preven- tion Program. Researchers:Judith Feinsen, Karen Kraut, and Andres Soto. Editors: Fidelito Cortes and Susan Swift. Special thanks to: Scott Daly, Robin Goldman, Steve Harris, Amy Hill, Heather McLaughlin, Amy Merchant, and Molly White. The PACT for Violence Prevention Coalition is grateful to many Contra Costa County and municipal staff for their assistance with data collection. For additional copies, or permission to reprint, please address your request to Public Information, Prevention Program, 75 Santa Barbara Road, Pleasant Hill, CA 94523, or call (510) 646-6511. Other materials on violence and violence prevention are also available from the Prevention Program. TakingAim at Gun Dealers: Contra Costa's Public Health Approach to Reducing Firearms in the Community Executive Summary n 1992, there were nearly twice as many Costa lawmakers and community organizations firearm injury deaths as motor vehicle became concerned about what could be done to injury deaths in Contra Costa County. In addi- regulate access to firearms and ammunition in their tion to the human suffering, treating firearm injuries communities. California is one of 41 states with strains the resources of trauma centers and emer- pre-emption laws which prohibit local jurisdictions gency rooms, and burdens the entire health care from passing ordinances on gun sales and distribu- system. tion that are stricter than state laws. However, Recent research suggests a significant connec- despite California's pre-emption laws, local zoning tion between the availability of guns and rates of and business regulation of firearms dealers is permit- firearm injury. Firearm availability is directly related ted. to the number of gun dealers in a community and Communities seeking to regulate the gun the laws governing their activities. Reducing the dealers in their areas, therefore, are able to pursue number of dealers is one type of action endorsed by the adoption of zoning, business permit, and 78.8 percent of Contra Costa voters who, in No- conditional-use ordinances. These various forms of vember 1994, passed Measure C advocating the regulation may be used to bar gun dealers from adoption of a Countywide Action Plan for Violence operating in residential zones, require dealers to Prevention. obtain local permits, and impose safety and security Federal law requires gun dealers to obtain a standards on gun dealers as a condition of doing Federal Firearms License (FFL) from the Bureau of business. Communities can also pass resolutions Alcohol, Tobacco and Firearms (ATF). According to asking state legislators to rescind pre-emption laws the'ATF, as of December 1994, there were 700 FFL or calling for a comprehensive, national gun policy. holders in Contra Costa. California law requires that As of publication, March 1995, five cities in gun dealers in the state have a valid FFL, a local Contra Costa had adopted ordinances regulating the business license, a seller's permit from the State operation and location of gun dealers under their Board of Equalization and a Certificate of Eligibility jurisdiction. In addition to the municipalities (COE) from the state Department of Justice. A COE (Antioch, Lafayette, Pinole, Richmond and San is important because it requires gun dealers to make Pablo) that have passed ordinances, the county state-mandated background checks on prospective Board of Supervisors iscurrently developing an buyers during a 15-day waiting period. ordinance that will regulate dealers throughout the According to a survey conducted by the Contra unincorporated regions of the county. Costa County Health Services Department, of the The development of meaningful policies county's 700 gun dealers, only 238 had COEs. restricting gun dealers sends a signal to state and Furthermore, 573 gun dealers operated in residen- federal legislators that the people of Contra Costa tially-zoned areas and 509 did not have local business County want greater control over firearms sales in licenses. their community, and that they are willing to enact After discovering that a large number of gun meaningful restrictions at the local level despite the dealers were out of compliance with state and local existence of state pre-emption laws. laws, and were operating in residential areas, Contra The Dimensions of Firearm Violence oppression, and mental health; the six risk factors are alcohol and other drugs, media, witnessing acts of By the year 2003, the number of firearm-related violence, incarceration, community deterioration, deaths is projected to surpass the number of motor and firearms. To combat such a complex problem, vehicle-related deaths nationwide, making firearms violence prevention practitioners are working in the number one cause of injury-related death in the coalitions that address the problem with a multifac- United States (Morbidity and Mortality Weekly eted approach. Report, 1994). The Spectrum of Prevention (fig. 2) is one In Northern California's Contra Costa County, such approach. Across the United States, commu- firearm injury deaths exceeded motor vehicle injury nity organizations and health departments recognize deaths in.1988, 1990, 1991, 1992 and 1993. In 1993, the value of working on a number of levels at the there were nearly twice as many firearm injury same time. While educating individuals about alternatives to violence, which is the goal of many Fig. I: Injury Deaths by Mechanism conflict resolution pro- Contra Costa County, 1993 grams, a violence preven- Fire/Burns =5 (1.1%) tion group may also be Firearms =147 (33.1%) Falls =39 (8.8%) working at the policy level, by coordinating Source: California efforts to change local and Department of Health Drowning =23 (5.2%) state laws, for example. Services, Vital Statistics Section ut/Pierce = 14 (3.2%) Other Transport =11 (2.5%) Availability of Strangulation/Suffoc =25 (5.6% Firearms is Part of the Problem Motor Vehicles 85 (19.1%) n = 444 Poisoning 76 (17.19:0) For several years, practi- = Other =19 (4.3%) tioners of violence prevention have been examining the role of deaths (147) as motor vehicle injury deaths (85) in firearms in injuries. In 1993, firearms accounted for the county (fig. 1). 102 homicides, 40 suicides and 5 unintentional The epidemic of firearm violence exacts a deaths in Contra Costa. Firearms were the number heavy toll, not just from those nearest the victims, one killer of children between the ages of 10 and 14 but also from society at large. The average cost of from 1988 to 1992. National statistics reveal that for medical treatment for a gunshot wound is $33,000 every death, there are seven non-fatal firearm (Rice et al, 1989), of which 80 percent is paid for by injuries (Rice et al, 1989). taxpayers (Wintemute et al, 1992). Treating firearm Currently in the U.S. there are 210 million injuries strains the resources of trauma centers and firearms in private possession. Research has shown emergency rooms, and burdens the entire health care that firearm availability is directly related to the system. number of gun dealers in a community,,and the laws that regulate their activities (Sloan et al, 1988). Minimal federal and state regulation of firearm sales, A Public Health Approach to Gun Violence and lax enforcement of these regulations, has As distinct from a criminal justice response to gun contributed to an explosive growth in the number violence, which focuses on the perpetrator after the of gun dealers, which increased by 95,000 from act has been committed, public health investigates 1971 to 1991 (Bureau of Alcohol, Tobacco and ways to prevent firearm injuries by analyzing the Firearms, 1991). The flow of firearms into commu- environment in which such violence takes place. nities has risen accordingly (California Department Public health has identified three root causes of Justice, 1993). and five risk factors that make violence more likely to occur. The three root causes are economics, 2 Reducing the Number of Dealers an applicant must complete a two-page form. The applicant indicates which of seven types of federal Alarmed by rising levels of violence in the commu- firearms licenses he or she wishes to obtain and nity, the Contra Costa Health Department collected identifies any local zoning prohibitions or permit and analyzed data which revealed that firearms were requirements. The applicant also certifies that he or the primary source of injury death in the county. she is not a felon or ex-felon, fugitive, drug addict, Responding to data and community concern, the undocumented immigrant, under 21 years of age, PACT for Violence Prevention Coalition began to mentally 111, or dishonorably discharged from the focus more on the problem of firearms. PACT, military—any of which automatically disqualifies the working closely with the Health Department's applicant. The ATF readily acknowledges that it is Prevention Program, determined that the regulation understaffed and relies upon the good faith of of gun dealers was a significant component of a applicants to certify themselves; no proof is re- multifaceted effort to decrease firearm injuries and quired. death. Since the summer of 1994, PACT and the Prevention Program have worked with Figure 2: The Spectrum of Prevention local Jurisdictions in the county to increase government regulation of gun dealers. A major contribution to the development of local ordinances was a survey of Contra . ........ Costa's gun dealers conducted by PACT in June 1994 and January 1995. Changing Organizational Practices While data from the survey tends to bolster the need for stricter regulation and ...................... `1­1'�.........*...... .04.. 11. G 11i 1#10a .1,a enforcement, local governments are currently prohibited by state pre-emption laws from passing gun-related legislation that is stronger _0 vu 1 than the state's. This paper incorporates findings from that survey with recommended local policy options that are not precluded by state pre-emption laws. The survey assesses the level of gun dealer compliance with state law, reveals how many dealers operate in residentially zoned areas, and reports on the number of dealers operat- The ATF currently has 240 inspectors assigned ing without business licenses. Information compiled to process applications and monitor more than in this paper can be helpful to communities seeking 197,532 FFL holders nationwide; in California, the to regulate the circulation of firearms in their areas. ATF has a staff of 40-45 inspectors who are respon- To assess compliance, health department staff sible for more than 16,000 California FFL holders first investigated existing laws. This section exam- (Bureau of Alcohol, Tobacco and Firearms, 1994). ines Federal Firearm Licenses (FFLs), which all U.S. firearms dealers must possess, and California Penal 11. California Gun Dealer Law Code 12071, which regulates firearms dealers in the California Penal Code 12071 states that to be in state. compliance with state law, a California gun dealer must possess: Existing Federal and State Firearms 1. A valid Federal Firearms License. Dealer Laws 2. Any regulatory or business license, or licenses, required by local government. Usually valid for one year, these licenses must state "Valid for I. Federal Firearms LicensesRetail Sales of Firearms." The license must be To obtain a Federal Firearms License I from the signed by the local authority, or may be substituted Bureau of Alcohol, Tobacco and Firearms (ATF), by a letter from the local authority stating that "no 3 Finally, gun dealers must Fig. 3: Homicides by Weapon register their sales on Dealer Record Richmond, CA A988-1993 of Sale forms that can only be obtained from the DOJ: is 100% Status of Local Gun Dealers' 80% Compliance With State Law, 60% B Other After researching federal and state ® Knife firearms laws to understand how ED Other Gun Federal Firearms Licenses and State 74. 40°l0 M Handgun of California Gun Dealer Permits are a obtained, the Contra Costa survey 20 20% analyzed the level of compliance by gun dealers in all areas of Contra Costa County. 0% 1988 1989 1990 1991 1992 1993 First, staff obtained a list of Contra Costa gun dealers from the Contra Costa County Sheriff's FICeaCm�f101ence and Gun t3ealers in R,ichmcnd Department, which obtained its list from the state DOJ. This list is a The pity of Richmond,investerix C©ntra Costa:County, has been copy of the state's record of Contra particularly hard hit lay firearm ciolen>to (fid 3), In 1g3, mare than�Q Costa Certificate of Eligibility percent°fall harnicides in 1ichrnand were caused by firearms, and of holders, who number 238 in the the fit firearm homicides that year, aIl butane rrsulted from the•use a£a .'' county. ha3ridgtin. Staff then obtained a list of FFL As of December 194, there were ? Federal Firearms Liceartse licensees in Contra Costa County {FFL}holders:m Richmond, Twenty six hs ensees had ncr�ertrfcate of: directly from the ATF. The federal 'bili fiartm the state,anel6 wire operating in residential neghbpr- list contained 700 names, or 462 hoods. For the pr©xiity of thenen di*aTers to ltiehixtcand schciols, more licensees than the state's list. please see Che map,iii Appendix C. The City Qf Richman€l is,ane of five Lantra Casta.:cities chat hate This means that there are 462 strengthened the regulaticii of gun dealers in then.areas. As of March " Contra Costa gun dealers who have 195,;the cities of Antioch,Lafayette, Pinole and San Pablo had adapted federal licenses, but who have not ardiriaices that prphibit gux dealers frtm'cperatirg in xesrdentially- obtained their Certificates of Eligi- zaiied areas,limp©se safety and security standards as a condition sfdoin bility from the state Department of business, and require a local grin dealer perintt with a sit fee its cnvsr Justice. the casts of enforceirtent. These numbers are alarming because they indicate that two-thirds of dealers in the county (66%) are local permit is required." selling guns without reporting their sales to the 3. A valid seller's permit issued by the State state. More importantly, without a Certificate of Board of Equalization. A seller's permit requires gun Eligibility from the Department of Justice, these gun dealers to remit sales taxes from gun sales to the dealers cannot perform the necessary background state. checks on prospective customers, thus increasing the 4. A Certificate of Eligibility (COE) issued by likelihood that weapons are being sold to unquali- the California Department of Justice (DOJ). fied individuals. Failure to comply with state law is punishable Gun dealers who do not have COEs are also as a misdemeanor. Penal Code 12071 also allows not likely to have seller's permits from the state local jurisdictions to assess fees to recover the costs Board of Equalization. This means that sales taxes of processing local licenses, and carries a stipulation are probably not being collected on a significant that business can only be conducted in the building number of gun purchases, representing a potentially specifically designated in the license. large revenue loss to the state. 4 The issue of non-compliance is often cited at The Miller (1939) decision confirmed that the public hearings as one of the primary reasons that Second Amendment does not guarantee an indi- localities need to begin developing and enforcing vidual the right to bear arms, but only a collective restrictions on dealers. (See Appendix A for a table right through a reasonable relationship to a state of figures detailing the status of compliance of gun militia. The case of Quilici v. Morton Grove (1982) dealers with state law, for each Contra Costa established that the Second Amendment permits the County city and the unincorporated areas.) passage of firearms restrictions by local communities, as long as they are not prohibited by the state from Contra Costa Gun Dealers Located in doing so. In response to the Quilici v. Morton Grove Residential Areas or Operating Without decision, the National Rifle Association (NRA) Business Licenses promoted a policy initiative of its own: state pre- emption laws. The efforts of NRA lobbyists resulted After checking the ATF lists against the state COE in the adoption of state pre-emption in California lists, the ATF lists were sent to the planning and and 40 other states. California's firearms pre- business license departments of each municipality. emption laws prohibit local jurisdictions, i.e. cities Planning departments were asked to identify which and counties, from imposing laws or regulations addresses were located in residentially-zoned areas. regarding possession, sale, manufacture, or distribu- The business license departments were asked to tion of firearms that are stricter than state laws. identify which of the addressees had licenses to In exploring what can be done at the local operate a firearms business at the listed address. level, a number of municipalities have successfully The survey ascertained that 82 percent of gun adopted zoning and business license ordinances to dealers in the county operated in residentially-zoned restrict where and how firearms dealers can operate. areas and 73 percent did not possess the required Some examples of the types of requirements set business licenses (see Appendix A). The high forth in local legislation include: fees to recover number of dealers who have not paid for business business license processing costs, requirements for licenses represents a significant loss of revenue to liability insurance, limitations on the operation's local governments. proximity to sensitive areas, banning operation in Using the addresses supplied by gun dealers in residential neighborhoods, issuance of special gun their FFL applications, this survey also developed dealer permits from the police, and safe storage and maps of Contra Costa County cities and unincorpo- firearm safety training requirements. rated areas showing the location of local gun dealers Some local initiatives have been designed with and their proximity to the schools in each area (for the intent of ultimately limiting the number of gun an example, see Appendices B and C). dealers in communities. In Oakland, such restric- tions resulted in a reduction from 117 to 8 dealers. Local Jurisdictions Consider Policy Options In the San Francisco Bay Area, such ordinances have been pursued and adopted through the persis- In Contra Costa County, public officials and con- tence of individual elected representatives, commu- cerned residents sought public policy avenues that nity coalitions, and, more recently, health depart- would allow them to regulate availability and access ment staff. To date, none of the ordinances has to firearms and ammunition in their communities. encountered any significant legal opposition. This impetus led to an examination of two key legal issues, the Second Amendment of the U.S. Consti- tution and state pre-emption. Local jurisdiction Powers: Specific Strategies In United States jurisprudential history, the As stated above, local jurisdictions can regulate gun Cruikshank (1876) and the Presser (1886) decisions dealers through their local zoning and business established that the language of the Second Amend- licensing authorities. The following is a list of local ment defines the limitations of the federal govern- regulations that have been adopted or are being ment in restricting a state's rights to maintain a considered by a number of Contra Costa cities. "well regulated militia." As a result of the National Additionally, of course, local jurisdictions are at Guard Act of 1902, all state militias were formalized liberty to pass advisory resolutions directed at state under the authority of the National Guard in each and federal lawmakers. state. 5 I. Zoning and Business Regulations Communities can also mandate dealers to sell trigger locks with handguns, prohibit the sale of A. Prohibit gun dealers from operating in or near exploding or expanding ammunition, and require residentially zoned areas. proof that the gun dealer and purchaser have com- Some jurisdictions have a simple residential zone pleted certified safety classes. ban, but San Francisco has gone farther by banning gun dealers from operating within 1500 feet of a E. Establish fees sufficient to recover the costs of residentially-zoned area. This extends by nearly processing applications, monitoring permit holders, one-third mile the boundaries of the restricted area. and enforcing all the provisions of the ordinances. In other localities, dealers are restricted or banned This provision would encourage cooperation on from locating within 500, 1000, or 1500 feet of enforcement by generating revenues to pay for staff schools, day care centers, parks and recreational time to participate regularly on an enforcement facilities, other gun dealers, or places that sellteam. This team would ideally be composed of alcohol. police officers, fire marshals, building inspectors, business license inspectors, city planning staff. The B. Require all gun dealers to register with, and purview of the team would be to review the com- obtain a gun dealer's permit from, the Police or pliance of existing dealers and new applicants. Such Sheriffs Department an approach would result in personnel from a Such a policy would require a background check of variety of departments developing a shared under- the applicant to ensure that he or she is in compli- standing of firearms regulation and could lead to ance with all pertinent state and federal laws and is increased accountability for enforcement. not a member of any class deemed appropriate for exclusion, e.g. convicted felons; persons under 21 II. Pre-emption Related Resolutions years old; persons convicted of drug, firearms, certain alcohol or violence-related offenses; persons A. Pass a resolution requesting the state legislature who previously had a gun dealer permit revoked; to rescind firearms pre-emption laws. and persons under restrictions of restraining orders. "Home Rule" has long been a fundamental prin- Such background investigations could include on- ciple and practice in public health. The Home Rule site inspection of dealer facilities byappropriate concept embraces decision-making by localities on departments to ensure code compliance prior to matters affecting them directly. In the case of issuance of the permit. firearms, public health endorses local development C. Require gun dealers to maintain appropriate and implementation of measures deemed appropri- ate to address injuries through the regulation of levels of liability insurance as a condition of doing firearms by the affected community. The passage of business. smoking restriction ordinances by Contra Costa Several cities have already enacted this requirement. County and the county's municipalities is an impor- While an appropriate level of liability insurance is tant local example of this principle and practice. not easy to calculate, the amount of$1 million to While it is true that all sectors of our society $1.5 million has been determined by several Bay suffer from firearm violence, it is also true that some Area communities to be a sufficient level of insur- communities experience greater levels of firearm ance for this type of business. violence than others. Pre-emption has hampered local jurisdictions from developing appropriate local D. Require specific safety and security standards be gun restriction measures. Thus, state pre-emption established and maintained as a condition of doing laws are a direct contravention of the fundamental business. public health principle and practice of Home Rule. Conditional-use permits specify safety standards, As the number of local jurisdictions passing resolu- such as requirements for the display and storage of tions to repeal state pre-emption grows, the state firearms and ammunition, and the type of security, legislature will be under increasing pressure to alarm and lighting systems. These measures aim to overturn pre-emption or to pass stringent statewide provide additional protection for customers, as well gun restriction legislation. as dealers, and can help reduce thefts. 6 B. Pass a resolution requesting the state legislature to permit local jurisdictions to collect Mod@) U ©sp�let` Or'dinar cis ammunition surcharges. IF nr most'... o C+asta cazrxznunzties, strengtlreni�ng lflcal On November 8, 1994, Contra Costa voters g deer reulatzons znvolves adoptzng a set caf Qrdz- approved an advisory measure calling on the state nazzces that include szzne cotnbmatznn ©f tkze f©lltwing: legislature to impose a state surcharge on ammu- nition and gun sales. The measure passed with 70 1. Amend eacsting zoning ordinances, by: percent of the vote. A Frdhibiting gun dealers frezrzz locating within x! Revenues from such surcharges could be number* offeet cfa tesiclentially-zoned dzstrit, used to support violence prevention and domestic B. Ptahibitin gun dialers from locatizzg wrdun x violence prevention programs. The surcharges number* offeet cif a sehticil car da care tenter,;public' could also reduce the amount of ammunition that path rat playgrAuzd, car ether redreatictt2�I area where individuals might purchase. children ire::likely to earlier and3 C. Prcahibiting gun dealers from lczcating within number* of feet o another gun iealex,a place that III. Additional Local Ordinance Options se11s car serves alcoh©l, or;a place raf worshzp A. Pass a firearms discharge ordinance. 11-M ejidexisting conditinal_use permit This type of ordinance could include language ordinances, by reguirmg that gun deailers: that holds parents responsible if their children A.Be at least1 yeazs old, discharge firearms, bans discharge of firearms in B, Operate;wPo­ witedoral, state and lzcal public places, and increases penalties for thejaws, discharge of firearms in places where children are C. Have no gnor cri mal con viction s, eq., of likely to be present.Additionally, any firearm violence-related or firearmx related crimes, discharged in violation of the ordinance could be D Have an a dequate'security system for buszness declared a nuisance, thereby compelling the premises, surrender and destruction of the firearm. E. Have adequate lighting inside and outside busizzess premises, B. Pass an ordinance banning or regulating gun l~ Have safe and secure st©rage for lireaWiS::" shows in the area. G. Maintain aC least$ i1fibn liability insurance, Restricting or banning public gun shows would H. Sell a trigger lcacic with each hazzdguzz, 1. Sell aznmuzzition ozzly for,the type afweapon sold, utilize the same process as passing zoning, busi- Sell no eplodizzg orex, bullets, ness and conditional-use ordinances that currently Sell nca clips that hold more than 6 bullets. regulate gun dealers. III. Establish a gun clearer permit,'that requires: IV. Additional Resolution Options �• Gun dealer tca be in compliance with local nrdi� varices. A. Pass a resolution calling for the state legislature B. Permits to be issued by the Chic£of Police of that to change the penalty for carrying a loaded, particular jurisdiction. concealed firearm without a permit from C.A permit fee that would help defray the'cost of misdemeanor to felony. enforcement, includmg paying for the time taf Che Fire Department, Police Departzrzent, $uilding lnspectors, etc. B. Pass a resolution asking the state legislature to increase government regulation on the manufacture *Among Bay Area c�amraunitis That have ersactid annin and sale of Saturday Night Specials. regulation,skis azuzzaber ras es From : to 1�9 ;feet. C. Pass a resolution calling for the development and the following: implementation of a comprehensive national gun policy. 1. Restrictions on Gun Possession. These Organizations such as the Violence Policy include a waiting period of at least seven days for Center and Handgun Control, Inc. have proposed firearms buyers, background and fingerprint checks national gun policies. Based on their proposals, a and safety training for license applicants, registration comprehensive national gun policy could include 7 of handgun transfers, special licenses for the posses- future sale to all citizens except military and law- sion of gun arsenals, and higher surtaxes on hand- enforcement personnel. guns and ammunition. Ensure that all states prohibit 3. Regulation of Firearms Manufacturers and possession by those convicted of violent misde- Importers. This includes a ban on the importation meanors, including spousal or child abuse, and those and manufacture of semiautomatic assault rifles, under restraining order(s). Saturday Night Special handguns, and non-sporting 2. Restrictions on Dealers. These include ammunition. The ATF must be empowered to significantly higher annual fees for Federal Firearms operate as a health and safety agency, such as the Licenses (at least $1000; a 3-year license currently Consumer Product Safety Commission or the costs only $200), more rigorous background checks National Highway Traffic Safety Administration, on gun dealers, background checks on gun store with the ability to set safety standards for firearms, employees, federal licenses for ammunition dealers, monitor compliance with such standards and issue and bans on the sale of firearms at gun shows. recalls of defective firearms, and restrict the avail- Assault rifles and handguns could be banned from ability of specific firearms and firearm products Tailoring Ordinances to Local Conditions The process of enacting local gun dential zone an exemption from a stronger firearm regulations. The dealer ordinances varies from coin- new ordinance that would prohibit most effective solution to munity to community. In some ar- such operation. A grandfather clause hopscotching is the adoption by the eas, gun dealer ordinances may pass can also be applied to a conditional- neighboring communities of a par- unopposed; in other communities, use permit ordinance, allowing deal- ticular region -- a county, for in- there may be considerable opposi- ers to operate under the previous stance,or two or more neighboring tion from gun dealers, gun owners, unregulated conditions and exempt- counties--of gun dealer ordinances and the manufacturers of guns and ing these dealers from new and that are generally consistent. Such a ammunition. The language in local tougher safety, security or liability regional approach is the most effec- ordinances will also vary,since com- standards. tive way to reduce the availability of munities delegate ordinance writing Grandfather clauses, however, firearms. tasks to different government offices may be mitigated by sunset clauses, Allies and Adversaries abound such as the planning department, which limit the duration of such ex- where the emotional issue of guns, business license department, or a emptions to a future time when the represented by gun victims and gun city attorney or county counsel.The dealer's current permit or license ex- owners, is brought into public dis- following terms and issues may there- 'pires. This means that dealers would course. In efforts to regulate dealers fore come up in the process of writ- onlybe covered by grandfather clauses possible allies include health care ing the regulations. until the expiration dates of their old providers;realtors;local business as- Political pressure from oppo- permits. When their permits expire, sociations; law enforcement agen- nents of gun regulation may result in they would have to abide by the new cies; educators; student and other the inclusion of a grandfather clause ordinances. youth groups;women's groups;par- in the ordinance.Grandfather clauses Moratoriums are sometimes used ents; victim and survivor groups; allow dealers with existing permits by local businesses, including gun domestic violence and sexual as- to continue operating in the same dealers in commercial areas, to stop sault organizations; suicide preven- manner in which they operated prior gun dealers from moving to their tion and other mental health groups; to the adoption of a new ordinance. areas. This becomes a relevant con- religious organizations, peace In other words, a grandfather clause sideration when gun dealers are groups; and elected representatives. exempts certain existing dealers from banned by zoning ordinance from Likely adversaries include gun deal- an ordinance's newer, more strin- operating in residential areas, creat- ers and manufacturers,and pro-gun gent regulations. ing the possibility of a gun dealer organizations such as shooting clubs A grandfather clause may, for exodus to commercial areas. and the National Rifle Association example, be written into a zoning Hopscotching occurs when gun (NRA). regulation, giving dealers who have dealers move their operations from been operating in a particular resi- one community to another to avoid 8 when appropriate (such as when products present an clear imperative for various departments to enforce unreasonable risk of death or injury, and no feasible the laws. A collaborative effort, therefore, on the safety standard would adequately reduce the risk). part of law enforcement, city planning, and licensing ATF would be empowered under such agency departments would produce a safer, more efficient status with the authority to stop the sale and distri- and responsible system of regulation. bution of firearms or firearm products found to be The Prevention Program and the PACT for "imminent hazards." Violence Prevention Coalition have been working with county government and the cities throughout the county to pass ordinances that prohibit gun Conclusions and Recommendations dealerships in residential areas and require the In Contra Costa County there is a high degree of possession of local gun dealer permits. PACT non-compliance with state and local gun laws. The recommends that municipalities use their business fact that there are 462 gun dealers who are un- licensing powers to impose more stringent condi- known to the state, and therefore not reporting sales tions on applicants for permits. Additionally, resolu- to the state, indicates a great potential for illegal sales tions regarding state pre-emption and national gun in the county. The high percentage of FFL licensees policy could be passed by the county Board of not possessing business permits, as the survey of Supervisors and the various municipalities of Contra Contra Costa County gun dealers reveals, indicates Costa County. another potential source of criminal gun sales. In combination, these actions send a signal to Like most counties and cities in the state, in state and federal legislators that the people of Contra the past Contra Costa law enforcement has placed a Costa want greater control over firearm sales in low priority on policing FFL licensees and their their communities, and that they are willing to widespread failure to comply with firearms laws. enact meaningful restrictions at the local level The researchers found a general lack of knowledge despite the existence of state pre-emption laws. and understanding of the pertinent laws, and no References Bureau of Alcohol, Tobacco and Firearms. 1991. Compli- Sloan,J.H., Kellerman,A.L.,Reay,D.T. et at. 1988. ance Operation Fact Book. Washington, DC. "Handgun regulations, crime, assaults, and --1995. Telephone conversation. Figures as of homicide: a tale of two cities." New England December 1994. Journal of Medicine 319:1256-62. California Department of Justice. 1993. Automated firearms Sullivan, M., Balogh,J., Starkey, M., and McLaughlin, H. system Dealer Record of Sale (DROS) count by 1994. Profile of Violent Injury in Contra Costa county, 1986 through March 1993. County. Pleasant Hill, CA: Contra Costa County Health Services Department Prevention Program. Contra Costa County Health Services Department Preven- tion Program. 1994. Preventing Violence in Teret, S.P., DeFrancesco S.,Bailey,L.A. 1993. "Gun Contra Costa County:A Countywide Action Plan deaths and home rule: a case for local regulation of and a Framework for Action. Pleasant Hill, CA. a local public health problem."American Journal of Preventive Medicine 9Supp1 1:44-46. Morbidity and Mortality Weekly Report. 1994. "Deaths resulting from firearm-and motor-vehicle-related Wintemute, GJ.,Wright, M.A. 1992. "Initial and subse- injuries—United States, 1968-1991." 43(3):37-42. quent hospital costs of firearm injuries."Journal of Trauma 33:556-560. Pacific Center for Violence Prevention. 1994. Preventing Youth Violence. Policy papers and fact sheets. Rice,D.P.,MacKenzie,E.J. and Assoc. 1989. Cost of Injury in the United States:A Report to Congress. San Francisco, CA: Institute for Health and Aging, University of California,and Injury Prevention' Center,Johns Hopkins University. 9 Organizations with Resources for Youth Alive/Teens on Target Preventing Gun Violence Summit Medical Center South Pavilion 4th Floor Advocacy Institute and Gun Violence Project 350 Hawthorne Avenue 1707 L. Street, N.W. Ste. 400 Oakland, CA 94609 Washington, D.C. 20036 510/450-6225 202/659-8475 Bureau of Alcohol, Tobacco, and Firearms Members of the PACT (Policy,Action, 221 Main Street Collaboration and Training) for Violence San Francisco, CA 94105 415/744-9429 Prevention Coalition California Department of Justice, Firearms Program Battered Women's Alternativesp.0. Box 6406 P.O. Box 820200 Concord, CA 94524 Sacramento, CA 94203 Concord, CA 916/227-3500 885 The Campaign to Prevent Handgun Violence Against Kids East Bay Center for the Performing Arts 339 11th Street 454 Las Gallinas Avenue Ste. 177 Richmond, CA 94801 San Rafael, CA 94903-34618 Richmond, C 415/331-3337 -5624 Children's Defense Fund, Familas Unidas205 39th Street Gun Violence Prevention Program Richmond, CA 94805 25 E. Street N.W. Washington, D.C. 20001 510/412-5930 202/662-3645 Lao Family Community Development Children's Safety Network 3230 McDonald Avenue A 94804 C ,on mhhd 200 15th Street N. Ste. 1074 Richmond, d, C Arlington,VA 22201 44 703/524-7802 Opportunity West 3720 Barrett Avenue Handgun Control Inc.niA 94805 C Legal Community Against Violence Richmond,6 C 101 Califora Street Ste. 1075 12 San Francisco, CA 94110 415/433-3535 Prevention Program 75 Santa Barbara Road HELP Network Pleasant Hill, CA 94523 c/o The Children's Memorial Medical Center 510/646-6511 2300 Children's Plaza#88 Chicago, IL 60614 Rape Crisis Center 312/880-3826 2023 Vale Road San Pablo, CA 94806 Violence Policy Center 510/237-0113 1300 N. Street N.W. Richmond Police Activities League Washington,D.C. 20005 3230 McDonald Avenue 202/822-8200 — Richmond, CA 94804 Women Against Gun Violence 510/215-3331 3012 Summit Ste. 3670 Summit Medical Center West County Youth Service Bureau Oakland, CA 94609 263 South 11th Street 510/444-6191 Richmond, CA 94804 510/215-4670 10 .Appendix A Survey of Gun Dealers in Contra Costa County The following data show the number of gun dealers in each city, and in the county unincorporated areas, who have Certificates of Eligibility, local business licenses, or who operate in residential areas. These were obtained and analyzed by the Contra Costa County Health Services Prevention Program and the PACT for Violence Prevention Coalition. City # of FFLs # w/ COE # w/ bus. # in Res. lic. area Antioch 62 25 (40.3%) 21 (33.9%) 50 (80.6%) Brentwood 09 04 (44.5%) 02 (22.2%) 09 (100%) Clayton 05 03 (60%) 00 (0%) 05 (100%) Concord 95 25 (26.3%) 28 (29.5%) 80 (84.2%) Danville 26 14 (53.8%) 03 (11.5%) 22 (84.6%) El Cerrito 15 04 (26.7%) 04 (26.7%) 08 (53.3%) Hercules 10 04 (40%) 02 (20%) 10 (100%) Lafayette 21 04 (19%) 01 (4.8%) 13 (62%) Martinez 35 26 (74.3%) 07 (20%) 30 (85.7%) Moraga 05 01 (20%) 00 (0%) 05 (100%) Orinda 19 05 (26.3%) 00 (0%) 11 (57.9%) Pinole 15 03 (20%) 01 (6.7%) 15 (100%) Pittsburg 40 10 (25%) 05 (12.5%) 34 (85%) Pleasant Hill 26 10 (38.5%) 08 (30.8%) 22 (84.6%) Richmond 37 11 (29.7%) 02 (5.4%) 36 (97.3%) San Pablo 19 14 (73.7%) 06 (31.6%) 11 (57.9%) San Ramon 29 09 (31%) 05 (17.2%) 20 (69%) Walnut Creek 42 22 (52.3%) 22 (52.3%) 29 (69%) Incorporated 510 194 (38%) 117 (22.9%) 410 (80.1%) Areas Unincorporated Areas 190 44 (23.2%) 74 (39%) 163 (85.8) Total 700 238 (34%) 191 (27.3%) 573 (81.8%) i i • i 1pi'!IIII�I�Ij' .�1 q `�:7/ pill All '�. � ♦iii � —y � >11Mug /1l4�11 �•��4MI1111 � /� IIIIIIIIIIII���� 11�,1�1 "`IIIIIII IIL.�E ,3I1ui� " IIS SG,' l".. • LLJ�1 � :111111111n � ��� �' i Ppm ax D ■ E 7Z E _ (^ > ; O coo § d (D ca Q ƒ ) \_ E 0 � k f \ 2 .5 � � ® � � c | 3 fa -- - $ e ! $ f - (Z � d k % \ -0- | Q 0 ! 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