HomeMy WebLinkAboutMINUTES - 04112006 - D.5 To: BOARD OF SUPERVISORS
Contra
FROM: Supervisor.Mark DeSaulnier Al -
Supervisor Jolin Gioia - _ Costa
DAT-r: April 11, 2006 coT County
'� COUN
SUBJEc'r: Support of AB 352
•
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Adopt a position in support of Assembly Bill 352.
2. Direct the County Administrator's Office to draft and send a letter to the Office of the
Sheriff and to each of the cities (Police Chiefs and City Councils) in Contra Costa County
stating the action taken by the Board on this bill and encouraging them to adopt a
"support" position for this bill.
BACKGROUND:
According to the Coalition to Stop Gun Violence and the Million Mom March, about 30,000
people die each year from firearm injuries. Nearly 40%of these individuals are the victims of
homicide.
The firearms-related death rate for children under 15 years old_ in the United States is nearly 12
times higher than that of the other 25 industrialized countries combined.
Gun violence is a leading cause of death for people of color in America -- the number one killer
of African- Americans ages 15-34 and the second leading cause of death for Hispanic youth ages
15-24. In Contra Costa County, people of color(African-Americans, Latinos and Asians)
comprise 70 of the 87 homicide victims in 2003. 60% of all firearm homicides in Contra Costa
in 2003 were among African-American males ages 15 to 34 years.
If more people who use handguns in crimes are convicted, and if people who are considering
committing handgun crimes realize they are likely to be caught, fewer handgun homicides and
other handgun crimes are likely to be committed.
FISCAL IMPACT':
None.
CONTINUED ON ATTACHM11ENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOA D COMMITTEE
APPROVE OTHER
SIGNATURE(Sl:
ACTION OF BOARD ON �tx /A APPRO F.I AS RECOMP1ENDED_)/ OTHER
VOTE or SUPERVISORS I hereby certify that this is a true and correct
copy or an action taken and entered on the
Al E S: s date tes of the Boa:d of Supervisors on the
ATTESTED O
o --
LLEiV, Glerk of the Board
of Su iso and County Administrator
eputy
It is also a ublic health issue that laces an enormous financial burden on hospitals and
P P P D. )
taxpayers at a cost of billions of dollars each year. The average ("mean") hospital costs for
treating a gunshot wound victim in Contra Costa County is $175,000 (ranging from $8,000 to
$3.4 million), according to the John Muir Medical Center Trauma Department.
California's rate of gun homicide remains high with 1,730 gun homicides in 2004 according to
the California Department of Justice. Arrests are made in only 55% of such cases because police
lack the evidence they need to solve these crimes. And despite California's success at reducing
gun homicide rates by almost half between 1993 and 2002, the latest data for comparison of
California with the United States shows California's gun homicide rate in 2002 was still higher
than the U.S. rate. Clearly, police need better tools to help them investigate, arrest and prosecute
people who use handguns to commit homicides and other crimes.
Given the staggering statistics, Contra Costa County must support state legislation to give law
enforcement the tools by which it can prosecute homicides and other criminal acts perpetrated
with the use of firearms. With these tools, we may help to chip away at the high rate of death by
firearms.
Assembly Bill 352 is intended to facilitate the ability of law enforcement to solve firearm related
crimes by implementing a new technology known as microstamping.. Microstamping allows law
enforcement to positively link used cartridge cases recovered at crime scenes to the firearms and
criminals that fired them. The basic technology of microstamping involves the use of powerful
lasers to make extremely precise engravings. It does not require any new databases or additional
information from gun purchasers and will be virtually cost free for law enforcement. This bill, if
enacted, would require all new semiautomatic handguns sold in California after January 1, 2009
to be equipped with microstamping.
ADDENDUM TO ITEM D.5
April 11, 2006
On this day,the Board of Supervisors considered adopting a position in support of Assembly Bill
352 (Koretz), an act to amend Sections 12126 and 12130 of the Penal Code relating to firearms;
and directing the County Administrator's Office to draft and send a letter to the Office of the
Sheriff and to each of the cities(Police Chiefs and City Councils) in Contra Costa County stating
the action taken by the Board and encouraging them to adopt a "support"position for this bill.
Supervisor DeSaulnier introduced the item, detailing the purpose of the bill and likening it to
DNA for guns. He stated that allowing law enforcement to identify the guns that had been used in
crimes by being able to examine coding on the spent cartridges will be a useful tool in solving
crimes. As a side note, he added that at present, gun owners are required to report lost or stolen
weapons.
Supervisor Gioia cited statistics linking firearms to homicides in Contra Costa County.
Supervisor Glover said this could be a very useful tool,and asked whether the Contra Costa
Sheriff had been contacted for his opinion.
Supervisor DeSaulnier replied that the.Sheriff is on vacation at present and could not be reached.
Supervisor Uilkema said that likewise, it would be useful to have the District Attorney's position
on the bill.
Supervisor Gioia referenced an attachment to the item listing all the agencies in support of the
bill, and said the bill has widespread endorsement from many law enforcement officials and
agencies.
Supervisor Piepho said she would be more comfortable if the positions of Contra Costa's Sheriff
and District Attorney were on record.
The Chair called for public comment. The following person spoke:
Diane Barcke, representing the Contra Costa Million Mom March,
requesting the Board's support of this sensible gun control legislation.
Supervisor Uilkema attempted to discern the reasonable usefulness of this measure as a law
enforcement tool when statistics show that so many crimes are committed with stolen guns. She
also noted that any County-related costs had not been detailed. She said that as the timing for this
item is not urgent, she would not be able to support it at present and would rather go forward in a
unified front along with the Sheriff and the District Attorney.
Chair Gioia noted that while many crimes are committed with stolen guns, this weapon-
identification program could still provide a point at which to begin an investigation; a tool that is
currently not available to law enforcement. He said the knowledge gained could also help law
enforcement officials identify chains of theft, drug use, and crime.
April 11, 2006
Addendum to D.5
Page 2 o f'2
Supervisor DeSaulnier responded to the cost concerns raised by Supervisor Uilkema, and noted
that in re-reading the bill, it appears the main cost will be incurred by the gun manufacturers. To
comment on the issue of the timing of the Board's support, he noted that the Board has often
taken leadership positions on important issues. 1-le recommended part of the Board's support
would be to ask the Sheriff and the D.A. to join the Board in supporting the bill.
Supervisor Glover said lie thinks it is appropriate for the Board to go forward in support of this
bill. He said there is a lot of controversial legislation out there, but that this is legislation that
makes sense and will put a valuable tool into place.
Supervisor Piepho said that without knowing certain facts, such as fiscal impacts, and without
having the input of Contra Costa's local law enforcement, she would suggest holding the item
back for two weeks.
Griffin Dix, President of the California Chapter of the Million Mom
March, addressed the Board to note the widespread support of the bill by
many California law officials.
Supervisor DeSaulnier said that with due respect to the District Attorney and the Sheriff,this
Board should provide leadership.
Supervisor DeSaulnier made a motion, seconded by Chair Gioia. By a vote of 3-2, with
Supervisors Uilkema and Piepho voting no, the Board of Supervisors took the following action:
ADOPTED a position in support of Assembly Bill 352, and DIRECTED the County
Administrator to draft and send letters to the Office of the Sheriff and to each city in the County
(Police Chiefs and City Councils)on the action taken by the Board is support of AB 352, and to
encourage them to adopt a"support position on the bill.
Supervisor Uilkema requested that staff indicate what the vote was in the letters that will be sent
out.
AB 352 Assembly Bill - AMENDED Page ] of 3
BILL NUMBER: AB 352 AMENDED
BILL TEXT � 8
AMENDED IN SENATE JULY 5, 2005
AMENDED IN ASSEMBLY MAY 16, 2005
INTRODUCED BY Assembly Member Koretz
(Coauthors: Assembly Members Klehs, Pavley, Ridley-Thomas, and
Yee)
FEBRUARY 10, 2005
An act to amend Sections 12126 and 12130 of the Penal Code,
relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 352, as amended, Koretz. Firearms: microstamping.
Existing law defines unsafe handguns as failing to pass certain
tests, or lacking certain features, as specified.
This bill would, commencing January 1, -39Q1
2009 , expand the definition of unsafe handgun to include
semiautomatic pistols that are not designed and equipped with a
microscopic array of characters, that identify the make, model, and
serial number of the pistol, etched into the interior surface or
internal working parts of the pistol, and which are transferred by
imprinting on each cartridge case when the firearm is fired.
By expanding the definition of "unsafe handgun, " the manufacture,
sale, and other specified transfer of which is a crime, this bill
would expand the scope of an existing crime, and thereby impose a
state-mandated-local program.
Existing law requires the submission of handguns by manufacturers
for determining if the handguns are unsafe, as specified.
This bill would provide that, commencing on January 1,
2.9 Q:- 2009 , no handgun may be submitted for that
testing unless the handgun is designed and equipped with a
microscopic array of characters, that identify the make, model, and
serial number of the pistol, etched into the interior surface or
internal working parts of the pistol, and which are transferred by
imprinting on each cartridge case when the firearm is fired.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12126 of the Penal Code is amended to read:
12126.
As used in this chapter, "unsafe handgun" means any pistol,
revolver, or other firearm capable of being concealed upon the
person, as defined in subdivision (a) of Section 12001, for which any
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AB 352 Assembly Bill - AMENDED Page 2 of 3
of the following is true:
(a) For a revolver: �-
(1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
(2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128. .
(b) For a pistol:
(1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
(2) It does not meet the firing requirement for handguns pursuant
to Section 12127 .
(3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128 .
(4) Commencing January 1, 2006, for a center-fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
(5) Commencing January 1, 2007, for all center-fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
(6) Commencing January 1, 2006, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
(7) Commencing January 1, 200:1 2009
for all semiautomatic pistols-that- are not already" listed- ori the
roster pursuant to Section 12131, it is not designed and equipped
with a microscopic array of characters that identify the make, model,
and serial number of the pistol, etched into the interior surface or
internal working parts of the pistol, and which are transferred by
imprinting on each cartridge case when the firearm is fired.
(c) As used in this section, a "chamber load indicator" means a
device that plainly indicates that a cartridge is in the firing
chamber. A device satisfies this definition if it is readily visible,
has incorporated or adjacent explanatory text or graphics, or both,
and is designed and intended to indicate to a reasonably foreseeable
adult user of the pistol, without requiring the user to refer to a
user's manual or any other resource other than the pistol itself,
whether a cartridge is in the firing chamber.
(d) As used in this section, a "magazine disconnect mechanism"
means a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
(e) As used in this section, a "semiautomatic pistol" means a
pistol, as defined in subdivision (a) of Section 12001, the operating
mode of which uses the energy of the explosive in a fixed cartridge
to extract a fired cartridge and chamber a fresh cartridge with each
single pull of the trigger.
SEC. 2. Section 12130 of the Penal Code is amended to read:
12130.
(a) Any pistol, revolver, or other firearm capable of being
concealed upon the person manufactured in this state, imported into
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AB 352 Assembly Bill - AMENDED Page 3 of 3
the state for sale, kept for sale, or offered or exposed for sale,
shall be tested within a reasonable period of time by an independent
laboratory certified.pursuant to subdivision (b) to determine whether '
that pistol, revolver, or other firearm capable of being concealed
upon the person meets or exceeds the standards defined in Section
12126.
(b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 12126. The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to this chapter a
fee not exceeding the costs of certification.
(c) The certified testing laboratory shall, at .the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department. The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
(d) (1) Commencing January 1, 2006, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) of Section 12126, or a magazine disconnect mechanism
as defined in subdivision (d) of Section 12126 if it has a detachable
magazine.
(2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have both a chamber load indicator as defined in subdivision
(c) of Section 12126 and a magazine disconnect mechanism as defined
in subdivision (d) of Section 12126.
(3) Commencing January 1, 2006, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine; and-dotes -not- -have---magazine-- disconnect-
-
mechanism as defined in subdivision (d) of Section 12126.
(4) Commencing January 1, '-200:;- 2009
no semiautomatic pistol may be submitted for testing pursuant to
this chapter if it is not designed and equipped with a microscopic
array of characters that identify the make, model, and serial number
of the pistol, etched into the interior surface or internal working
parts of the pistol, and which are transferred by imprinting on each
cartridge case when the firearm is fired.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
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SUPPORT for AB 352 OV,I Qu
American College of Emergency Physicians, CA Chapter
Attorney General of California, Bill Lockyer
Bernard Parks, Councilman City of Los Angeles
Brady Campaign.
California Alliance for Consumer Protection
City of Beverly Hills
City of Oakland
City of Los Angeles
City of West Hollywood
Mayor of Richmond .
Mayor of Berkeley
Coalition to Stop Gun Violence (Sponsor)
Friends Committee on Legislation
Legal Community Against Gun Violence
Los Angeles City Attorney, Rocky Delgadillo ,
California Million Mom March Chapters
Physicians for Social Responsibility
Police Chief William Bratton, Los Angeles
Police Jerry Dyer, City of Fresno
Police Chief Paul Walters, City of Santa Ana
Police Chief James Hyde, City of Davis
Police Chief David Snowden, City of Beverly Hills
Police Chief Timothy Neal, Pleasanton
Police Chief Thomas Klose, City of Sanger
Police Chief Lonald Lott, City of Turlock
Police Chief Jack L. Van Etten, City of Burlingame
Police Chief Ken James, City of Emeryville
Police Chief Wayne Tucker, City of Oakland
Police Chief Randy Ulibarri, Union City
Police Chief Douglas Krathwohl, City of San Pablo
Police Chief Susan Jones, City of Healdsburg
Police Chief Tom Bullard, City of Rohnert Park r
Police Chief Anthony Alba, City of San Fernando40y• s
Police Chief Tom Soberanes, City of Walnut Creek
Z
Police Chief Garry Couso-Vasquez, City of Montebello
Police Chief James M. Lewis, City of Pomona.
Police Chief Susan E. Manheimer, City of San Mateo
Police Chief Donald Pederson, City of Signal Hill
Police Chief Randy G. Adams, City of Glendale
Police Chief Thomas Hoefel, City of Burbank
Police Chief David L. Maggard, Jr., City of Irvine
Police Chief Anthony W. Batts, City of Long Beach
Police Chief Douglas Hambleton, City of Berkeley
Police Chief Joseph Kitchen, City of San Leandro
Police Chief Chris Magnus, City of Richmond
Police Chief Mark A. Moczulski, .City of Antioch
Police Chief Michael R. McCrary, City of Los Alamitos
Police Chief Jeffrey Kirkpatick, City of Seal Beach
Police Chief Barry D. Garfield, City.of Kensington
Police Chief Dan Lawrence, City of Clayton
Police Chief Charles Gibson,,Contra Costa Community College District
Sheriff Lee Baca, Los-Angeles County
Sheriff Charles Plummer, Alameda County
San Francisco District Attorney, Kamala Harris
Orange County Citizens for the Prevention of Gun Violence
Women Against Gun Violence, LA
Youth ALIVE! Oakland and Los Angeles
The Khadafy Foundation for Non-violence, Oakland
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