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HomeMy WebLinkAboutMINUTES - 05211996 - D9 1. 9 70: BOARD OF SUPERVISORS F&HS-07 Contra Y? c FROM: FAMILY AND HUMAN SERVICES COMMITTEECosta County �'.. DATE: May 13, 1996 REPORT ON THE REQUEST THAT THE BOARD URGE THE CONTRA SUBJECT: COSTA COUNTY FAIR BOARD TO DISCONTINUE HOLDING GUN SHOWS AT THE FAIRGROUNDS SPECIFIC REGUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. AUTHORIZE the Chair of the Board, on behalf of the Board of Supervisors, to write to the Contra Costa County Fair Board and ask that they discontinue holding gun shows at the fairgrounds once the shows for which they have already contracted have been held. 2. If the Board of Supervisors is not prepared to take this action at this time, AGREE to hold further discussion of the item until September 10, 1996 and encourage each of the Board members to visit the gun show at the fairgrounds which is scheduled for August 17 & 18, 1996. 3. REMOVE this item as a referral to our Committee. BACKGROUND: On April 16, 1996, the Board of Supervisors referred to our Committee the request from Supervisor Smith that the Board of Supervisors ask the Contra Costa County Fair's Board of Directors to discontinue holding gun shows at the fairgrounds. Attached are the following documents: 1. A copy of the April 16, 1996 request from Supervisor Smith. 2. A copy of a letter dated April 25, 1996 from Christopher Baldwin, Manager of the Fair indicating the background on their having had gun shows at the fairgrounds and the gun shows that are scheduled in the future. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E APPROVE OTHER SIGNATURE(S): �=2AI 11 WIER ORA[-rL-J ACTION OF BOARD ON ay APPROVED AS RECOMMENDED R OTHER Andre' Soto, Trauma Foundation, 2420 Lowell Avenue, Richmond; Brian Malte, handgun Control; Inc. , 114 SansomeStreet, Room 802, San Francisco; Diane Colo>;ly, 1468 Ashwood Drive, Martinez; Ellen Schwartz, Contra Costa Coalition to Prevent Gun Violence, 11 Moraga Via, Orinda, commented on the issue of discontinuing gun shows at the County Fairgrounds. All persons desiring to speak having been heard, the Board APPROVED recommendations 1 and 3, as set forth above. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES:T_ T iI TT NOES: V AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ITI ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 21, 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SUPERVISORS AND COUNTY ADMINISTRATOR See Page 4 BY DEPUTY F&HS-07 3. A copy of a memo from Undersheriff Rob Henderson regarding their experience with gun shows at the fairgrounds. 4. A copy of an additional letter from Christopher Baldwin enclosing a copy of the Fair's rules regarding contracting with gun show promoters. 5. A copy of a letter to the Board of Supervisors dated April 22, 1996 from Jerry Avalos outlining his views on efforts to prevent gun shows from being held at the fairgrounds. Supervisor Smith indicated that in his opinion this issue has to do with the implementation of the Violence Prevention Action Plan which included a recommendation as follows: "Recommendation 19, Actively reduce the number of firearms in private ownership". This is not an issue about whether laws are being obeyed at gun shows. The issues are whether we should be able to impose the same land use restrictions on gun shows,as we do to all other gun dealers. More importantly, should government be promoting activities that promote violence in our society by sponsoring gun shows on public property. Dr. Brunner raised the question of whether gun shows operate essentially as a giant kitchen table gun dealer. In that case, is there a way to bring the gun shows under the same type of land use regulation that the Board of Supervisors has imposed on gun dealers in all other parts of the unincorporated area of the County. Betty Brown of Kensington spoke on behalf of the League of Women Voters of West County in favor of Supervisor Smith's proposal to ask the Fair Board to discontinue holding gun shows at the fairgrounds. Brian Malte spoke on behalf of Handgun Control and the Legal Community Against Violence and submitted letters supporting the proposal which are attached. Ellen Schwartz of Walnut Creek spoke as a member of the Coalition to Prevent Gun Violence and as the Executive Director of Healing our Community from Violence in favor of the proposal and noted that in her opinion it was not appropriate for a public agency to be holding a gun show on public property. Phyllis Ceaser shared an article from the April 17, 1996 edition of the Contra Costa Times which is attached and spoke in support of the proposal. She also asked that the County think about whether it wanted to legitimize the kinds of activities that go on at gun shows by holding them on public property. Andr6s Soto supported the proposal, noting that from a discussion with an Assistant State Attorney General, the rules which gun show promoters have to abide by were drafted because of specific problems at gun shows. He also noted that no law enforcement agency oversees gun shows. Mr. Soto also provided a document from the Violence Policy Center entitled: The National Rifle Association After Oklahoma City: A Year Older, Not Wiser.Year Older, Not Wiser. He also submitted a copy of testimony from Michael V. Vaughn, Gang Supervisor for the Los Angeles Police Department before the Senate Committee on Governmental Affairs on November 18, 1993. (These documents are available upon request). Mr. Soto also commented on a letter submitted previously by Jerry Avalos which referenced Mr. Soto by name. -2- F&HS-07 Frank Brunotts urged the Board of Supervisors to visit a gun show at the fairgrounds and noted that no one monitors the gun shows. He indicated his support for the proposal and also urged a ban on roadside advertising of gun shows in the unincorporated areas of the County. He also urged the Board of Supervisors to ask the Sheriff to monitor gun shows. Mike Haas, President of the West Contra Costa NRA Chapter, made the following points: ✓ All publications at gun shows are legal publications. ✓ There is no causal link between gun shows and violence. ✓ Dealers at gun shows must abide by the same State rules and regulations regarding the sale of guns that all other dealers have to follow. ✓ The more we try to control access to guns, the more violence there is. ✓ Police are present at all gun shows. ✓ Illegal sales of guns are the problem, not legal sales of guns. Bill Maggiora of Lafayette suggested there was a need to get data from law enforcement agencies. Joan Lautenberger of Lafayette, on behalf of the League of Women Voters of Diablo Valley, supported the proposal and noted that the action of other counties to eliminate gun shows at their fairgrounds may actually increase the number of gun shows in this County if we are not successful in eliminating them at our fairgrounds. In response to a question from Supervisor DeSaulnier, Andres Soto confirmed that Alameda County is considering discontinuing gun shows at their fairgrounds. In summarizing his views on the subject, Supervisor Smith made the following points: ❑ The Contra Costa County Fair should be promoting agricultural interests, not gun sales. ❑ By holding the gun show at the fairgrounds, the Fair is promoting gun sales, regardless of the disclaimers in their rules. ❑ The Violence Prevention Action Plan was approved by a huge majority of the voters, thereby approving Recommendation 19 regarding reducing the private ownership of guns in the County. ❑ Gun shows at the fairgrounds do not have to comply with the County's land use ordinance because the shows are held on State property. ❑ The literature documents that having guns present increase the likelihood of violence. There is a linkage between guns and violence. -3- 1:3 If the Fair Board will not go along with our request, we should do everything we can, including lobbying our representatives in Sacramento to insure that the gun shows are banned in the future. Supervisor DeSaulnier agreed that having gun shows at the fairgrounds are probably not the appropriate venue since it is public property. He does not want to be associated with promoting gun shows as a member of the governing body of the County. While the gun shows are held on State land, the Fair is referred to as the Contra Costa County Fair. If the Board is not ready to act on this on May 21, 1996, we might suggest putting it over until the first week of September and encourage the Board members to visit the gun show scheduled for August 17 & 18, 1996. Based on this discussion, our Committee is unanimously making the above recommendations. cc: County Administrator District Attorney Sheriff-Coroner Health Services Director Public Health Director Susan Leahy, Director, Community Wellness and Prevention Programs, HSD -4- W V• 1 HANDGUN CONTROL ONE MILLION STRONG. . . working to keep handguns out of the wrong hands. TO: Family and Human Services Committee of the Board of Supervisors FROM: Brian Matte, Handgun Control, Inc. DATE: May 13, 1996 RE: Support the Resolution to Discontinue Gun Shows at the Fairgrounds On behalf of Handgun Control, Inc. I would like to express our support for the resolution to discontinue gun shows at the Contra Costa County Fairgrounds. With ever-increasing levels of gun violence that plague our communities, it is inconceivable that Contra Costa County's facilities should be used to promote the use or sale of firearms. Furthermore,the selling of firearms at these gun shows largely goes unregulated. Neither the ATF, nor the California Department of Justice, Firearms Section,has procedures in place for monitoring firearms sales at gun shows. The potential for illegal transactions is enormous. The adoption of this resolution is in the best interests of the citizens of Contra Costa County as it will help in the reduction of the use and availability of firearms. Sincerely, 4 rian Malte, Legis ative Coordinator Handgun Control, Inc.,Western Region Handgun Control, Inc., 114 Sansome Street, Room 802,San Francisco, CA 94104 • (415)433-3535 FAX(415)433-3357 10951 W.Pico Blvd.,Suite 204,Los Angeles,CA 90064 (310)446-0056 FAX(310)475-3147 1225 Eye Street,NW,Suite 1100,Washington,DC 20005 (202)898-0792 FAX(202)371-9615 V, 1 LEGAL COMMUNITY AGAINST VIOLENCE LCA:V] TO: Family and Human Services Committee A Fund of of the Board of Supervisors The San Francisco Foundation FROM: Barrie Becker, Legal Community Against Violence DATE: May 13, 1996 RE: Support the Resolution to Discontinue Gun Shows at the Fairgrounds The Legal Community Against Violence would like to express support for the actions to work toward banning the practice of allowing gun shows on county fairgrounds. Contra Costa County should follow the lead of other counties such as San Mateo and Santa Clara who have already denied use of their fairgrounds for gun shows. Without proper local, state or federal resources and procedures for monitoring gun shows,the potential for illegal firearm transactions and sales is enormous. We believe that banning gun shows is an important step in reducing the levels of violence due to guns in Contra Costa County. The Legal Community Against Violence supports a resolution to ban gun shows in Contra Costa County and would be happy to provide legal assistance in this matter. Sincerely, Barrie Becker, Executive Director Legal Community Against Violence 268 Bush Street, Suite 555, San Francisco, California 94104 0 Phone: (415)433-2062 ■ Fax: (415)433-3357 D, M.'oar a� a�: =-,�;C,,� 3 . 0 .... 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C1 ca 7-�"U 7, cz cn O w ca cu +.�-� O o't3 O .� .�.•,_. —1 Q,o W "0 v E � ° a uz cz v >>Eoti : o a v a coa "" a•.2 c O,Va .. a, =a. 3 :- cc c y a •c .a �a v 3 a� o O .. yO�.CV °uOno� � co�a �p `AWL- x y z m `�J N'x 5 N'in •C q 0. 4L u '�2 �0 T W O r "F�s Supervisor Jeff Smith Contra Costa DATE:: April 16, 1996 CoLffly SUBJECT: Request the Contra Costa County Fair Board to Discontinue Holding Gun Shows at the Fairgrounds SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommendation: In the spirit of cooperation with neighboring counties to discontinue gun shows, and in response to the adopted positions of the voters of Contra Costa County contained in Measures C, D and P in November 1994 to reduce the number of firearms in public circulation, the Board of. Supervisors of Contra Costa County requests the Contra Costa County Fair Board to discontinue the practice of contracting with gun show promoters and to cease holding gun shows at the Contra Costa County Fairgrounds. Background: Recently, San Mateo and Santa Clara counties have decided to discontinue gun shows at their respective county fairground facilities. Alameda County is currently renegotiating its fairgrounds management contract to discontinue gun shows at the Alameda County Fairgrounds. The Contra Costa County Fair and Fairgrounds, unlike these neighboring counties, are a State of California entity and not controlled by county government. The Contra Costa Co ty Fair Board is composed of county residents who are appointed by the Governor of the St a of California. Thus, the Contra Costa County Board of Supervisors is limited to advising t County Fair Board of policies or actions that it would like to see in place. Currently, there ar three gun shows held annually at the Contra Costa County Fairgrounds. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN A 1 F ARD COMMITTEE APPROVE OTHER SIGNATUREfSI: ACTION OF BOARD ON APPROVED AS RECOMMENDED �_ OTHER S� 7CONTRATA COUNTY IVED APR 2 9 1996 3 OFFICE OF COUNTY ADMINISTRATOR, STATE OF CALIFORNIA 23rd DISTRICT AGRICULTURAL ASSOCIATION P.O.Box 1378 • Antioch.California 94509 (510)757-4400 (510) 757-9514 FAX April 25, 1996 Claude L. Van Marter Assistant County Administrator County Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 Dear Mr. Van Marter: Thank you for your letter and invitation to the Committee Meeting of May 13th,regarding Gun Shows at the Fairgrounds. We have held these shows at the Fairgrounds for approximately three years. The promoter has typically scheduled two to three shows per year. This is determined by normal business considerations such as,routing, competition from other shows and availability of Fair facilities on requested dates. - We have currently contracted for two shows in 1996. These are scheduled August 17 & 18 and November 30 &December 1. We are unaware of any problems whatsoever with these shows. Complaints include two letters approximately one and one half years ago within a week of each other. Both contained copies of the same news article about gun shows. The third complaint was faxed to us about a week ago and was general in nature. There have been no specific complaints that we are aware of that allege any incident or wrong doing at gun shows on our grounds. Claude L. Van Marter, Assistant County Administrator County Administration Building April 25, 1996 Page 2 The Department of Food and Agriculture Division of Fairs and Expositions addressed this issue approximately one and one half years ago and developed a set of very specific safety rules which we require gun show promoters to adhere to. We also meet with the promoter and stress the importance of safety procedures, obedience to the law and careful monitoring of activity in and around the show. Thank you for the opportunity to comment and attend. Sincerely, Christo her I Baldwin Fair Manager cc: Louis Mangini Fair president ve OFFICE OF THE SHERIFF Contra Costa County Administration Division 646-2402 Date: May 1, 1996 To: Claude L. Vap Matter, Assistant County Administrator From: Robert R. nderson, Undersheriff Subject.. Gun Shows at the County Fair Grounds In response to your memo of April 30, 1996, I am providing the following information: Law Enforcement Problems Associated with Gun Shows A review of our records does not indicate that gun shows held at the County Fairgrounds have created any enforcement problems. Gun Sales Associated with Shows This Office does not track the information you requested regarding the number of guns purchased at shows held at the County Fairgrounds. RRH.cb ERAACOSTA TY COST TOR pq CONTRA COSTA COUNTY ® RECEIVED MAY 9 - 1996 OFFICE OF COUNTY ADMINISTRATOR STATE OF CALIFORNIA 23rd DISTRICT AGRICULTURAL ASSOCIATION P.O.Box 1378 • Antioch,California 94509 (510)7571400 (510) 757-9514 FAX May 7, 1996 Claude L. Van Marter Assistant County Administrator County Administration Building 651 Pine Street, 1 lth Floor Martinez, CA 94553 Dear Mr. Van Marter: When I wrote to you on April 25, 1996 regarding Gun Shows and the Fair Grounds, I neglected to enclose a copy of our rules regarding contracting with Gun Show Promoters. I am enclosing a copy now for your information. Sincerely, r Christopher . Baldwin Fair Manager 1. Possession of Firearms by General Public on Fairgrounds The promoter shall check and clear(verify as unloaded) all cartridge firearms brought into the event by members of the general public. All firearms shall remain cleared throughout the event. Members of the public may not bring a firearm and ammunition of the same caliber into the show/event. After firearms have been verified as being unloaded and locking nylon or plastic ties have been affixed, a readily visible sticker,tag, or other identifying device(coding system) provided by the promoter shall be attached to each firearm authorized to be brought into the event by a member of the public. This identification shall remain in place throughout the event. Except for persons who have arranged for display space at the event and who have signed a written agreement provided by the event promoter,no person shall possess a firearm on the event premises, or remove a firearm from the event premises,that does not have appropriate identification. To the maximum extent feasible,nylon or plastic ties shall be applied in such a manner as to `lock"the action in the OPEN position to permit visual verification that the firearm is not loaded. 2. Possession of Firearms by Vendors on Fairgrounds The vendors shall certify in writing to the promoter that they have verified as being unloaded all firearms they have been authorized to bring onto the grounds by the contracting promoter, or responsible party and that all such firearms shall remain checked and cleared at all times. The promoter shall require that a nylon or plastic locking tie be attached to each cartridge firearm each vendor intends to bring onto the premises. Each vendor shall certify to the promoter that the tie on each firearm will remain in place, except during a demonstration, after which the tie, or a new tie,will be replaced. To the maximum extent feasible,nylon or plastic ties shall be applied in such a manner as to `lock"the action in the OPEN position to permit visual verification that the firearm is not loaded. 3. Loaded Firearms Are Prohibited Persons attending the show/event may not carry or display loaded firearms. Concealed weapon permit holders shall not carry firearms which are concealed or loaded. This provision shall not apply to duly sworn active peace officers. - C Compliance with All Applicable Laws The promoter expressly agrees that he or she(or it)will comply with all federal, state, and local laws and regulations at all times concerning the conduct of shows/events where firearms or weapons are displayed; and,the sale and transfer of firearms. Furthermore,the promoter shall require all vendors to sign a contract stating that, at the event,vendors will comply with all federal, state, and local laws and regulations concerning the sale and transfer of firearms. 5. Transactions Restricted to Licensed Dealers All applicable firearms transactions shall be processed at the event through a firearms dealer properly licensed in California. See Term#14 for exceptions. 6. Ammunition Displays Ammunition may be displayed only in unopened original factory boxes or in closed containers(such as heavy-grade plastic ziplock bags) secured with tamper-proof seals, such as colored tape or stick-on paper seals, staples or other type of secure closure to prevent access to the ammunition by members of the public. Vendors who open containers to allow inspection by members of the public. Vendors who open containers to allow inspection by patrons must re-close or re-seal containers. 7. Restricted Ammunition Sales Vendors shall segregate ammunition and firearms of the same caliber. Vendors cannot sell ammunition to any member of the public who has in his or her immediate possession a firearm of the same caliber. Vendors cannot sell firearms to any member of the public who has in his or her immediate possession ammunition of the same caliber. 8. No Loaded Magazines Loaded magazines are not permitted under any circumstances, even in educational displays. Vendors shall remove all detachable magazines from firearms displayed at a table at the event. 9. No Explosive Powder Explosive powder(black powder)is prohibited from being displayed or possessed on District property. 10. Restrictions on Smokeless Powder Smokeless powder(propellant powder)is permitted contingent on strict compliance with guidelines established in the National Fire Code and by the California State Fire Marshall. NOTE: California limits quantities of smokeless powder at any vendor's selling location to maximum twenty.pounds in any one location. Smokeless powder may be displayed and sold only in sealed containers. 11. Banned Items Strictly forbidden are the sale, display,possession, or bringing onto the grounds of the event the following: • Any part or combination of parts designed and intended for use in converting a weapon into a machine gun. • Live cannon, artillery shells, mines, grenades, or other destructive devices. • Tear gas,pepper gas, or other antipersonnel sprays, shields, shells, canisters, projectiles, or other disabling devices such as animal repellents or cattle or other electric prods. • Stun guns unless power sources for such devices are packaged separately. However, for display purposes only,the vendor may display one operational stun gun. The "display"stun gun may only be handled by the vendor and shall not be touched or handled by any other attendee of the show/event. Stun guns without power sources may be displayed. • Caseless ammunition. Firearms capable of firing caseless ammunition. • Gun replicas(non-guns) except as used by vendors for demonstration purposes in accordance with California Penal Code Section 417.2. • Illegal knives, swords, and edged weapons, as defined in California and federal laws. pq 12. Responsibilityfor Signage The PROMOTER shall require that a sign be posted in a readily visible location at each public entrance to the event. The sign shall be a minimum of 11 inches by 17 inches and shall contain the following language: • All federal, state, and local laws regarding firearms sales will be strictly enforces. • All firearms carried by members of the public onto these premises will be checked, cleared, tied, and tagged prior to entering the show. • No member of the public under the age of 18 will be admitted unless accompanied by a parent or legal guardian. Any DISTRICT that rents or provides fairground facilities to a show/event promoter(or event by any name at which firearms and other weapons are displayed,possessed, or sold) shall affix at appropriate locations on the premises a yellow sign with black letters approximately two to three feet wide by three feet high, with the following information: NOTICE THE TRANSFER OR SALE OF MERCHANDISE ON THE PARKING LOT OF THIS PUBLIC FACILITY IS SPECIFICALLY PROHIBITED. VIOLATORS WILL BE PROSECUTED 13. Coordinated Security The promoter shall work with the District to coordinate security for the event. 14. 15 Day Waiting Period No firearms, except antique rifles, shotguns, or handguns or curio/relic rifles and shotguns(California Penal Code Section 12001 (e)), brought onto the event premises may be transferred and taken off the grounds until the expiration of the 15-day waiting period, except by the licensed dealer at the show designated as the transfer agent. Transfers between licensed dealers are exempt from the 15 day waiting period, in accordance with California state law, California Penal Code Section 12078. 15. Insurance The promoter shall submit proof of insurance for a minimum of $1 million. The California Fair Services Authority(CFSA)will not provide coverage until the contract has been reviewed for compliance and approval by F&E. 16. Risk Management The promoter, or other person putting on or responsible for the event, agrees to assume the defense ol;indemnify and hold harmless the District, State of California, and California Fair Services Authority and their respective directors, officers, agents, employees, and representatives from any and all losses, claims, suits, liabilities, expenses, or costs of any kind, including but not limited to attorney's fees and litigation costs, arising out of or in any way connected with promoter's(or other responsible person's)guests, employees, contractors or subcontractors, and including any such losses,claims, suits, or costs arising out of the District's negligence, whether sole or contributory, but excepting any such losses, claims, suits, or costs arising out of the sole active negligence or willful misconduct of the party being indemnified. 17. No Agency Relationship The promoter, or other person or entity putting on or responsible for the event,who is signing this contract expressly agrees that this contract does not create an agency relationship between the District and the promoter( or responsible party). Further,this contract does not create an independent contractor relationship between the District and the promoter(or responsible party). 18. Restricted Role of District The District is neither promoting nor sponsoring the event covered by this contract. 19. Delegated Authority this contract authorizes the promoter, and the promoter hereby agrees to take full responsibility, to assure that firearms and weapons which are prohibited by state and federal laws will not be sold or allowed into the building, or buildings,rented for this event. The promoter shall have contracts with all vendors. Vendors shall certify in writing to the promoter that they will not display,possess or offer for sale any firearms, knives, or weapons which are prohibited to possess or sell during the event held on the Fairgrounds. A child or grandchild of a promoter or vendor under the age of 18 may attend the show/event contingent upon the approval of the show promoter. Christopher Baldwin Fair Manager Rentor Signature t. JERRY A"�ALOS 15107786004 P. O1 Contra Costa County Members' Council Headquarters NRA-ILA A Voluntmr Legislation Action Group P.O.Box 2025•Antioch, CA 94531-2025 •(510)757-6257•Fax(510)778-6004 April 22, 1996 TO: Supervisor Gayle Bishop Supervisor Mark DeSaulnier Supervisor Jeff Smith Supervisor Tom Torlakson Supervisor Jim Rogers Administrator Phil Batchlor and Assistant Administrator Claude Van Martyr From: Jerry Avalos, _ __president,Contra Costa County Members'Council NRA Headquarters Re: Proposed gun show ban Cc: Ariel Ambruster,Richard Graham,Mike Haas,Carolyn Herbertson,Bruce Johnson,Edgar Suter,Contra Costa County Fair Board Supervisor Jeff Smith's gun show ban proposal is in the Family and Human Services Committee which is a noble step in challenging Smith to produce evidence or data to substantiate his position,but at the same time the potential for bias is there considering that Smith is the proposals author and is determined to see this passed. R is like having a committee to see if gun control is valid with only Handgun Control Inc. people making up that committee,fair and impartial committee wouldn't you say? Smith is not interested in data,he has said that the issue is not whether illegal gun exchanges are occurring at the shows(they are not),the issue is he feels that they are"philosophically wrong". To be frank, with that attitude in mind and considering his tremendous desire,how can the issue receive a fair hearing? The burden of proof lies with Smith,he has to prove that the Loral gun show is an enormous problen-L The report(FIRST)issued by the County Health Services Department is totally irrelevant to this issue. Yes crime is committed in this county and many types of weapons are involved(not just guns). Crime is an issue throughout the nation and it has nothing to do with gun Shaws because crime will continue whether or not a gun show is banned. Supporters for the ban must show proof and provide concrete evidence that there has been illegal activities conducted at the Contra Costa-County gun show. On April 17th,I talked with various individuals: Mr_Chris Baldwin, manager of the fairgrounds and Fair Board member,has stated that there were and are no problems with gun shows in Antioch. Talking with under-sheriff Itob Henderson who has stated that he is not aware of gay problems with the gun show here in the county._ Agent Bill Morrey in the Code Enforcement Division of the Bureau of Alcohol, Tobacco,and Firearms(BATF),he has stated that he is not aware ofany problem. My wife Christina has talked to Tony Kirkbride who is a police officer with the Antioch Police Department and he has stated that there is no problem. The problem is that Smith and the County Health Services Dept. wants to badly find one. The facts of a no problem exists and only does in the minds of those who wish to see one. 7ilf!Pgl(.* ]--ORLIBIsR7Y1SL7ERNAL YARIANCE JERRY AVALOS 15107756004 P- 02 Contra Costa County Members' Council Hcadquarters NRA4LA Both Jeff Smith and Jim Rogers are insulting and slapping the face of the legilirnate business community by insinuating that there is criminal activity going on in our gun show. 1 personally (snow many of these hard working businessmen and women and it is offensive the light that Smith and Rogers are trying to cast them in. Andres'Soto's theatrics is trying best to paint a picture of gun shows in the worst possible light. One example is at gun shows there are a lot of military surplus that is obsolete,war memorabilia and collections of captured war trophies. This being the case,an authentic and rare World War Ii German Nazi flag that is on display is something that can hardly be called racist. As for literature, bumper stickers and T-shirts poking fun at anti-Second Amendment,that is totally irrelevant to the issue. On April 22,Mr. Russell Cordite of T&S Gunshows has stated that a man fitting exactly Mr. Soto's description attempted to illeall gain entry into the Pleasanton gun show with a camera. Mr. Soto was stopped and was not allowed access into the building,Mr.Cordite said Mr. Soto became belligerent and left. He was with a woman fitting Ellen Schwartz's description_ Camera's are not allowed on the premises because promoters are afraid the pictures will be used to depict law abiding businessmen and women in a negative light,this has occurred frequently. The committee will render the Board a recommendation,consider who is on the Board and the data they will use, I ask that you take this into strong consideration with its preconceived bias and agenda. I will read the FIRST report and will fax you my honest opinion. page 2 35/21/'1996 14:34 2028980059 CPHV M vel l�L r�P PAGE 02���� y, t 'q JuUR CR A LA ' ND N I CR." LOGY ifs M6"VIOLENC$.$YMPOSIUM �>GC'�!E�IR�tW*M"RMS AN6.TH=CRIMINAL LAW luta F Zlartng YOtt rls VwL$0 'E,lllii ,AND T-M DRUG INDUSTRY d Blra�tbt G,: AND GAI G-MIUMssaSMIp ar �,ALw1. Lhotte P. MAt *004 & Thomas 8 Cold `KEEPING GUNS Ovr of=1 st u ", T�iL 9"6v "w AND [7[8 Limns OP REGULATfON Wkw g7M#Wy A. Potter RE,1.Rb lQ► ITV *ZLJNGS OF SAMTY t#1 d +q1 J Sohd4.4 Deborah R. A=el ClWA IDI r �1 SMMT"ONG WOMEN, 1980.1494 &jl be l Smith ARMED REAISTANCE'iO:CRaVki` P �1pr�.tL-ENCE ANb' TURF Of SBLIF-DEFENSE WfTH A GAIN i'( CIC sF M41�GdTa . A'�"iYt�i�Vuev� ��►vE OltosED E ii'oaltg EASING CQl .R.i":Rj6� H aIiMJt -E!melts. ON HOMICIDE IN THREE STATES FI=EA f errs, Y +z s$>tl!tt►tix AmI Tu&Lawn or Kr1oWLEDCE t D."Y ADorn BAAtfm CAwczALED FIREARMS LAWS � t Lt �:�,Bl�RAelltflfA pun _ � Bavrws ( Q.Cone Inside) SCHOOL Off' LAW V sv FALL 1995 ------------ q 05!21)'1996 14:34 2028980059 CPHV PAGE 03 88 W. & CME (Vol. 86 quent youths ands a res ss�iid !tat they gat their most recent gun from9� } r bac As � x lbs` t tea �itizit transfers between friends, 1st alos>e �Que ts►el�c for discouraging such transfers is to Inai�"', h# he giy transfers a gun to a proscribed pt;t ` La~ sluff - coupled with a Feve for owners to exer- registration:systemqt,.� #date Inc" cine care in se ear 'gu>W`:. But youth: atetlot _ _ t�pmascdbed: people, even if they have a record o#'Of bbe federal Law prohibits .-.. t-d!. S , .. licensed dealers it t biers, there is no such re- striction on asks +.: ;Worth Ciro iitYa and most other states have noapa #stI rbiot3 posseasavn.of guns by youths. S. GUN SHO Gun shows ate: %.i 6untry ill convention centers and other large: halls. " sszch shows each year,when thousands of Nortih?C..�trrolina, both FFLs and non-dealers may g a�t.shore i�vwever, in other states, tax local regulatiotsa i4 deali~ra to sell guns. We attendee t.g ensbotb; a city just oiztaide the Triangle rsgioln,"k. Surest hundred tables had been rented for $0.t1 ilhar bora tiaeuat. According to show sponsors, I ;' wed the'weekend show. All types , ` iiad gurr-irlated items,such as kits F_. for converting se�i9fl t f l tons into autr�matic weapons, and suppressers were a % er+e sdfl fat only at the tables,but t� also in the aislesi.fn �' ' Mast#rwis'acdons were in cash. . .. At the tables, Iid to toes:`filling out yellow BATF I" Ser Wasaur�t 151 In North ±Ades Spam am vied as Juveniles and cannot acquire the i4 t'& c«o%ild-�,'ic�ttatify them ftm poaessing a a gun. E In t)alias.for CoaAti[1 ia0t i4�tpo046k Bs+t at Gera Siarur Eur Msinbm A rw tV .0� Fw1E i ll A a1r C.Jla+sd�r.Tx$DAti►s Moaiwatc Nsws,April 15. 1996, ' T� tss The typo of ririy8'+ ►^tt 4i At*,i. wa sumded.the gum an We were predomh atdy: ;rabies v else mast handguns, new and used,were crime rtes % �d +e s&wa attltsWa tm sale and at ka+t one fully automatic `' t;iliip(;dYertlsed for sale rra�s carried in the aisles a ,. of smmunldon by s u►au tl,� to.:dre.many types t were available. BIs1[ilit_ __ , billow t# f Vls;re eaplcistlly common. 134 Some " msppp .lo their bodies,often with signs �. indicating the gum".11W.r Otheif trig the show artied pistols bags tha in gym t.ap*etleo 6fli df 95721f1996 14:34 20289880059 CPHV PAGE e4 s 19951 W MARIMIS 89 s ni forms and asking >r'ptt` t#tey 391t0i indguns. We saw no paperwork in any4.; aleiea o>r'.#obby. So lucrative_a4. ��that #*.am the principal ave• YL nue of gun sales. ► cfend to as "gun show cow- iI> boys." Accotdin g ti of tie <National Alliance of Stocking Gun Dem' ? bays alle.several hundred new i guns,pre' ._.: ` ` m14.t a•ghn show each week- end. eekend. They often lu"icmtive shows.These dealers might hayci` ;Tecei i"an in-state address � .. -� Pte- in order to give rh at> rized local dealers. In principle, ►o ' ghtoatard for BATF or state and local officials tb� eesl' paid ettf&re the rules governing firearms transfers. , l� the is no agency in North Carolina that accepts respotihtgt C. NEWSPAPERS In some cities, ht �fclzvaifiid ads.for firearms sug i' gests that loud n v Rf� t in.facilitating both � i primary and s .� � �, ,,:barsified:.'ads, like guns shows, y make secondaryna iart y h "± 3ile u otendal buyers and, if they are interesse a W.M*at offic s. In Texas, such ads are common. Aotle F DaltPa pers have sections in the classified ads h b.. Lo gun'sales. In Denver, both major papers run k ads l . guns each week. Ad- vertisers include gtlo ae w as individuals selling from their homes jte tly aqunced that it would no longer run ads axsatslt ►etpons, but The RoAy Mountain Newt still7s anc><stau'lar.weapons.'" In the Triangle area, new0- gpers accept classified ads listing guns foac-,Wi 'i ;are ici ly purchased.167 We doubt that this iApkortartt mhource of guns to pro- scribed people in thi D. ouz-u►wrNc One cotaprah T5Oi. the secondary mar- ket is to require all 1 .condtliI�ted through a licensed i� Conversation with Dlrttts�li,.:liladonal Alliance of Stock. ing Gun Dealers Anode " kely x' 198 Ser Steers. supra MW-64 047,{ „< 157 In the prituipsl I the ik 6r QAtrztsig rids for ftnm ms are listed in the sporting goals t sib were Rd In the Sunday,lily 23, 1995 edition. only twt, efic- l $gtlday,,jita�it:`i 1, I99b edition. The ads included a Springfield Set and a 05/21/1996 14:27 2026950059 CPHVPAGE 02 A2' ' -- �r'L6r-n • �j 6�-t Y�cJ -/ /�� ,A, � `'� ,�1 aP cam! �,•cJ DETROIT FIELD DIVISION TRACE 94 PROJECT registered were registered to the FFL. In October of 1994 , the FFL and a co-defendant, a multi-convicted felon recently released from parole, who had purchased several firearms from the FFL, were indicted by a Federal Grand Jury. One of the firearms has been recovered by DBD in a Felonious Assault/CCW arrest, and has shown up in the trace project. A case report will be forwarded after all investigative activity is concluded. UNLICENSED FIREARM.s DEALER Detroit, Michigan ATF Cincinnati received several Multiple Purchase Forms, during the months of July and August 1994 , from a pawn shop in Dayton, Ohio for an individual from Michigan. This individual had purchased over 90 low- cost handguns. A fictitious Ohio identification card was used by this Michigan resident to purchase the above firearms. In August 1994, this individual was observed purchasing 11 handguns from this same pawn shop and travelling to tha Detroit metro area where he lives. The subject was arrested and the 11 firearms �- and a quantity of marijuana was taken into ATF custody. This investigation is continuing and the subject will be charged with 18USC 922 (a) (1) (A) and 922 (a) (3) . FEDERAL FZR S LIC,�SEE Detroit, Michigan The subject licensee was arrested on October 7, 1994, after he attempted to sell firearms in violation of Federal and state laws. After being advised of his Miranda Rights, the FFL admitted to selling approximately 118 firearms without proper paperwork and selling them away from his licensed premises over a ten month period of time. Since 1986, the year the FFL received his FFL, and prior to January 1994, this FFL sold only 23 firearms. After his arrest, the FFL voluntarily surrendered his Federal Firearms License. ENSED FIREARMS 1 DEALXg DE-rfZ7-c> t--C ()6 L t Ce /A 1 F Fraser, Michigan -�-�� 9 LI VYz_S-C> During the period of March, 1993 and October, 1993, undercover purchas** of firearms, were made at area gun shows from an unlicensed firearms dealer. The dealer has been advised by .ATF that he had to get a Federal w To: Contra Costa County Board of Supervisors From: Dan Orzech date: 5/20/96 re: Recommendation of the Family and Human Services Committee concerning Gun shows I am unfortunately not able to attend your meeting tomorrow, but 1 have been following the gun show issue closely. In my opinion, the Contra Costa County Fairgrounds is not an appropriate venue for gun shows. I was disturbed to read that at the recent Family and Human Service Committee on this subject, the local representative of the NRA, Mike Haas, claimed that "Police are present at all gun shows." This is incorrect. • 1 spoke with Dennis Andersen, Public Information Officer for Regulatory Enforcement, ATF, (San Francisco office). He said: ATF does not monitor gun shows. The only time ATF would be present at a gun show is in the course of an investigation of a gun dealer which was already underway. • The State of California does not monitor gun shows either. Dennis Hillburn, a Field Representative for the California Department of Justice, Firearms Section, told me: "We don't monitor gun shows." According to Mr. Hillburn, enforcement of the state laws concerning`'guns shows is the responsibility of local law enforcement agencies. • The Antioch Police Department informed me that they do not patrol the County Fairgrounds, and said responsibility for the County Fairgrounds lies with the Sherrif's department. • According to a deputy at the Sherrif's Department Delta station, which is responsible for Antioch, they do not regularly patrol the gun shows at the Fairgrounds. The Sherrif's Department would only go to the Fairgrounds if called there because of a disturbance. Given the 1995 court decision in Ohio regarding liability for injuries caused by a gun stolen from a gun show, I would like to ask the Board of Supervisors what the county's liability is for illegal activity taking place at gun shows in the County Fairgrounds. Sincerely, Dan Orzech 843 Geiston Pl. EI Cerrito, CA 94530 (510) 528-0653 Request to Speak Form � ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' wsbvm before addressing the !oa - Name; 4 © ' 2 3 ?6 6 2 LI Z am speaking for myself✓or U M v u N pi4T a *WM of orpni�atioN 0*0C ONE: ! wish to speak on Agenda Ran #-21• • 2 - R 6 My cornmertts will be: general _for sinst . _ i wish to speak on the a bled of 1 do not wish to speak but have tlrest comments for the Board to consider: P Request to S eak Form ( THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 2-1 P�j -ftnnp53 1 am speaking for myself_oren • ��r� v�� C��,�C�� � � tnanK of or�satjoN CHECK ONS I wish to speak on /agenda item f_ oat � 21 b My ---merits will be: general .0w rest . I wish to speak on the subject of r„ i do not wish to speak but leave these -o--ants for the Board toCO Request to Speak Form �.� ( THREE (3) MINUTE LIMIT) Co vfete this form and place it in the box near the speakers' mum before addressing the Board. 7-D44-y e m-;?a s-? I am speaking for my".Z....or Organization: f,NIOM Of OZtnlsatjoN GOO M& I wish to qxA on Agenda Item My oornmerrts will be; general for_pgW I wish to speak an the led 5?0 4) S9 grci;4 _ 1 & not wish to speak but leave these Cc to nts for the Board to consider Ze7efg Request to Speak Form ( THREE (3) MINUTE LIMIT) (D Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name; t'p �, S �v rhor�e: 25 t 7 Y 7 G( may; 0 1 on spealnng for myself or U«c c L 6wne of or�anttatioN OWX ONE: 1 wish to *eA on AgwcIa Item #.Oatr 7Z� MY comments will be: general_for. —apho ..__- 1 wish to speak on the subject oaf A Ska LV5 o v " aF 1 do not wish to speak but leave these cconnsorts the Board to consider: Request to Speak Form D. � ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' rostrum before ressing the Board Address:.:., 1 am speaking for myself_Lzor ' f name of orpn�ratioN CH NE: c d ec- I wish to speak on Agenda Ran # --Lla� My comments will be: general �Jor__Asina�+,. 1 wish to speak on the abject of . _ 1 do not wish to speak but leave these comments for the Board to co�ider: Request to Speak Form , ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nosGvm before addressing the Board. Name: _-t� /}-T74 R,!° r✓ s m c. i< _ �honie: 6-10 --7 G �� 1 am speaking for myself. Zor 6-- -P of o iw do tion) CHECK ONE: 1 wish to speak on Agenda Item #2-1. My conments %61 be: general _for j*W 1 wish to speak on the abject of 1 do not wish jo speak but leave these comments for the Board consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) C"rornplete this form and place it in the box near the speakers' rostrum before addressing the Board. Na1C.._.eas Ad&=L. ,Z-; Sapi Jose 0- ckr,-��C�, I am speaking for nMW ,or F Ion ' OK of orpni�ot�oN CHECX ONE: 1 wish tovea on Agenda Item #= Oate: My comments will be: general �ior_,Sainst . 1 wish to speak on the subject of I do not wish, 0speak but leave these caomrnarts for therd Bm to iLj ein eld an ul r`c la►,LJ 6 (;u 14 loin D r I J ra cjsserfi ng. Plv ase- '&-v�Po`.4 -Ae res,-)-li4f a h .