HomeMy WebLinkAboutCC Resolution 14885 (Response to the Grand Jury Report on Firearm Safety)RESOLUTION NO. 14885
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE TO THE 2019-2020
MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED “THE GUN NEXT DOOR:
FIREARM SAFETY IN MARIN COUNTY”
WHEREAS, pursuant to Penal Code section 933, a public agency which receives
a Grand Jury Report addressing aspects of the public agency’s operations, must
comment on the Report’s findings and recommendations contained in the Report in
writing within ninety (90) days to the Presiding Judge of the Superior Court with a copy to
the Foreperson of the Grand Jury; and
WHEREAS, Penal Code section 933 specifically requires that the “governing
body” of the public agency provide said response and, in order to lawfully comply, the
governing body must consider and adopt the response at a noticed public meeting
pursuant to the Brown Act; and
WHEREAS, the City Council of the City of San Rafael has received and reviewed
the 2019-2020 Marin County Civil Grand Jury Report, issued October 30, 2020, entitled
“The Gun Next Door: Firearm Safety in Marin County” and has agenized it at this meeting
for a response.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael hereby:
1. Approves and authorizes the Mayor to execute the City of San Rafael’s
response to the 2019-2020 Marin County Civil Grand Jury Report, issued October 30,
2020, entitled “The Gun Next Door: Firearm Safety in Marin County”, a copy of which is
attached hereto.
2. Directs the City Clerk to forward the City’s Grand Jury Report response to
the Presiding Judge of the Marin County Superior Court and to the Foreperson of the
Marin County Civil Grand Jury.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
San Rafael City Council held on December 21, 2020 by the following vote to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
LINDSAY LARA, City Clerk
RESPONSE TO GRAND JURY REPORT FORM
Report Title: The Gun Next Door: Firearm Safety in Marin County
Report Date: October 30, 2020
Response By: San Rafael City Council
Title: Mayor and City Council
FINDINGS:
• We agree with the findings numbered F1, F2. F3, F4. F5. F6
• We disagree wholly or partially with the findings numbered N/A
RECOMMENDATIONS:
• Recommendations numbered R2. R3. R4 have been implemented.
• Recommendations numbered have not yet been implemented but will be implemented in the
future.
• Recommendations numbered require further analysis.
• Recommendations numbered will not be implemented because they are not warranted or are
not reasonable.
L-ADATED: oz0�� Signed:
KATE COLIN, Mayor
ATTEST:
7 �r Lindsay Lara, City Clerk
Number of pages attached: 1
ATTACHMENT C: RESPONSE OF THE CITY OF SAN RAFAEL TO GRAND JURY
REPORT "The Gun Next Door: Firearm Safety in Marin County".
RECOMMENDATIONS AND RESPONSES
R2. Each town, city, police authority, as well as the sheriff, should, at least annually, beginning in
fiscal year 2020-21, send reminders to its residents regarding the need for safe handling and storage
of firearms, and this reminder should be posted on official websites and social media platforms.
Response: This recommendation has been implemented.
In November of 2020, the San Rafael Police Department sent out information to our residents
regarding the need for safe handling and storage of firearms. The firearm safety information is
currently posted on our police department official website (srpd.org). The safety information
was publicly posted on our social media platforms. The police department will continue to send
out firearm safety information on an annual basis.
R3. Each town, city, police authority, as well as the sheriff should, within six months of the date of
this report, offer free gun locks and publicize a procedure for residents to turn in unwanted weapons.
This message should also be posted on official websites and social media platforms.
Response: This recommendation has been implemented.
The police department provides free gun locks to the public through a partnership with Project
ChildSafe. Project ChildSafe is a nationwide educational program that promotes the safe storage
of firearms in the home. The program raises awareness about firearms safety by distributing
gun locks and educational materials to gun owners. Project ChildSafe provides responsible gun
owners with the tools and information they need to securely store their guns away from
unauthorized persons, including children, at -risk individuals and criminals. Free gun locks are
currently being distributed to the public by visiting the City of San Rafael Public Safety Center.
The police department has a current procedure for residents to turn in unwanted weapons. The
procedure to turn in unwanted weapons and information regarding Project ChildSafe are both
currently posted on our police department official website. Information regarding the two
programs were also posted and shared on our social media platforms in November of 2020.
R4. The Marin County district attorney should work with other law enforcement agencies to
continue to offer gun buyback programs, funded by public donations or grants.
Response: This recommendation has been implemented.
The police department partnered with the Marin County District Attorney's Office in 2013 and
in 2016 on gun buyback events. On November 5th, 2020, the Marin County District Attorney's
Office notified our department that no gun buyback events are planned at this time, due to the
current COVID-19 conditions. The police department is committed to working with the Marin
County District Attorney's Office on future events.
2019–2020 MARIN COUNTY CIVIL GRAND JURY
The Gun Next Door:
Firearm Safety in Marin County
October 30, 2020
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A Note about the Coronavirus Pandemic
The 2019–2020 Marin County Civil Grand Jury is issuing its
reports during the unprecedented conditions of the COVID-19
pandemic. We are well aware that Marin County is in crisis
and that critical public health concerns, operational difficulties,
and financial challenges throughout the county have a greater
claim to government attention right now than the important
issues raised by this Grand Jury.
We are confident that, in due course, Marin will come through
this crisis as strong as ever.
Marin County Civil Grand Jury
The Gun Next Door: Firearm Safety in Marin County
SUMMARY
While the number of firearms in American homes has been increasing every year for many years,
a record number of gun purchases were made in the first half of 2020, with June 2020 recording
the highest single month on record. Many of these purchases were made by first-time gun
owners, most of whom cited self-protection as the reason for their purchase.
Studies indicate that the presence of guns in our homes poses an increased risk of suicide, not
only for the gun owner, but for all others living in the home. Although the increased threat of
suicide from owning a gun is not a new phenomenon, we are living in times of extraordinary
stress and tension, both of which are risk factors for suicide.
Marin County is not a magic kingdom immune to trends in the rest of society. The spring and
summer of 2020 brought fundamental change to the way we live our daily lives. COVID-19
shuttered our schools and left our children and grandchildren at home much of every day. Marin
County shed jobs, and many of us are unemployed, at home, and worried.
Although it is impossible to know exactly how many firearms are in Marin, there are
conservative estimates that there could be 100,000 weapons in our homes, offices, and cars.
California surveys suggest that about 18,000 of those guns are stored unlocked and loaded,
accessible to anyone in the home.
These unprecedented times amplify the importance of how we secure the guns in our midst. It is
more important than ever that firearms be handled safely and stored according to law and
common sense. Marin County law enforcement, educational institutions, and public health
agencies have done some messaging in the gun safety arena, but more needs to be done to
educate the public about responsible gun ownership.
This Grand Jury report is focused on what Marin’s elected officials and public administrators can
do to encourage safe storage and handling of guns. It recommends that the district attorney work
with law enforcement across the county to prepare and conduct a comprehensive public
awareness campaign on firearm safety, including safe handling of guns, the availability of gun
violence restraining orders, and the continued use of gun buybacks.
BACKGROUND
It is difficult to obtain accurate information on the number of weapons in any county in
America—and this holds true for Marin County as well. In California, the Department of Justice
collects information on gun purchases per county. However, the last time these numbers were
published was in 2015. At that time, the department reported that 46,300 guns had been
purchased in Marin since 2001.1 This number, however, includes only guns that were purchased
1 Gary Klein, “In Peace Loving Marin, No Shortage of Guns,” Marin Independent Journal, March 11, 2018,
https://www.marinij.com/2018/03/11/in-peace-loving-marin-no-shortage-of-guns.
The Gun Next Door: Firearm Safety in Marin County
Marin County Civil Grand Jury Page 2 of 15
in Marin. It does not include guns bought before 2001 or guns acquired outside the county and
brought into Marin.
The California Department of Justice did not respond to several Grand Jury requests for current
information regarding the number of gun purchases in Marin. Additionally, the Grand Jury was
not able to find any local law enforcement agency or any other Marin County governmental
source that provides this information. The current number of firearms in Marin can therefore
only be extrapolated from published statistics, academic research, and other indirect sources.
Credible estimates of the number of civilian firearms in the United States in 2018 began at
265 million and ran as high as 393 million.2 The FBI reported there were more than 27 million
new requests for background checks to purchase firearms in 2019 alone.3 Even the lowest
estimate indicated that there was well over one firearm for every adult in the country.
According to a 2017 Pew Research Center survey of U.S. adults, “about four-in-ten adults (42%)
report that there is a gun in their household, with three-in-ten saying they personally own a gun
and 11% saying they don’t own a gun but someone else in their household does.”4 Since 2018,
however, the number of requests to purchase guns has skyrocketed to record highs.5
Firearm ownership, however, is not distributed evenly across the nation. The per capita rate of
gun ownership in California is far lower than in many other states. Even so, there were an
estimated 19.9 million guns in California in 2017, before a recent surge in gun purchases.6
The COVID-19 pandemic set off massive increases in the sale of guns and ammunition across
the country, including a surge in first-time gun purchases.7 There were over 17.3 million requests
for background checks to purchase firearms from March through July of 2020. Nationally, more
guns were bought and permits issued in both June and July 2020 than in any other months since
2 Christopher Ingraham, “There are more guns than people in the United States, according to a new study of global
firearm ownership,” The Washington Post, June 19, 2018,
https://www.washingtonpost.com/news/wonk/wp/2018/06/19/there-are-more-guns-than-people-in-the-united-states-
according-to-a-new-study-of-global-firearm-ownership.
3 FBI Documents, “NICS Firearm Background Checks,” June 30, 2020, https://www.fbi.gov/file-
repository/nics_firearm_checks_-_month_year.pdf/view.
4 Kim Parker, Juliana Menasce Horowitz, Ruth Igielnik, J. Baxter Oliphant, and Anna Brown, “The Demographics
of Gun Ownership,” Pew Research Center, June 22, 2017, https://www.pewsocialtrends.org/2017/06/22/the-
demographics-of-gun-ownership/.
5 Chauncey Alcorn, “Guns and Ammunition Sales Soar as Defund-the-Police Movement Grows,” CNN Business,
June 24, 2020, https://www.cnn.com/2020/06/24/business/gun-sales-spike/index.html.
6 Andrew Sheeler, “Gun control isn’t stopping Californians from owning firearms, new study says,” The Sacramento
Bee, December 6, 2019, https://www.sacbee.com/news/california/article238113499.html.
7 N. Kravitz-Wirtz., R. Pallin., M. Miller., et al, “Firearm Ownership and Acquisition in California: Findings from
the 2018 California Safety and Well-being Survey,” Injury Prevention, December 5, 2019,
https://injuryprevention.bmj.com/content/early/2019/10/25/injuryprev -2019-043372.citation-tools; Taryn Hoffman,
“Background Checks on Buyers Can’t Keep Up With Surge in Gun Sales,” Who.What.Why., June 11, 2020,
https://whowhatwhy.org/2020/06/11/background-checks-on-buyers-cant-keep-up-with-surge-in-gun-sales/; Jason
Fagone, Matthias Gafni, Taiana Sanchez, and Nanette Asimov, “Gun Sales Surge amid Coronavirus Fears,” San
Francisco Chronicle, March 17, 2020, https://www.sfchronicle.com/bayarea/article/Gun-sales-surge-amid-
coronavirus-fears-and-15138650.php.
The Gun Next Door: Firearm Safety in Marin County
Marin County Civil Grand Jury Page 3 of 15
records have been kept, with almost four million background checks conducted in June 2020
alone.8
Marin County has approximately 259,000 people in 105,000 households.9 Gun ownership is not
spread evenly among Marin residents. Some owners may have only one firearm, and some may
have many. Therefore, the most useful measure of the distribution of firearms in a community is
the number of households with a firearm. As noted above, surveys indicate that in 2017,
42 percent of U.S. households reported having a gun in the home. If gun ownership in Marin
County is in line with the national average, there could be 44,000 armed households in Marin.
Even if Marin has just half the guns as the rest of the country, there could be over 22,000 homes
in Marin with at least one firearm.
APPROACH
The Grand Jury conducted independent research into the legal and public policy issues addressed
in this report. The jury interviewed county, city, town, school, and law enforcement officials, as
well as experts in gun violence and gun safety.
DISCUSSION
The COVID-19 pandemic has led to a national surge in the purchase of firearms. According to
the National Shooting Sports Foundation, a firearms industry trade association, the surge is being
fueled by first-time buyers who are purchasing weapons for “personal protection.” The
foundation reports that retailers estimated that 40 percent of these purchases were by first-time
buyers—compared with an annual average of 24 percent before the pandemic.10 More guns in
American homes, especially homes with buyers who have not previously owned a firearm,
means a greater risk of suicide.11
Marin County is not immune to the forces at play in the nation and the Bay Area.12 COVID-19
has led to increased unemployment in Marin—the highest in recent history.13 The virus has
shuttered our schools and led to children and teens spending more time than ever at home. Travel
and socializing restrictions have affected everyone in Marin, not just children and teens. It is
therefore essential that everything possible be done to ensure that Marin County remains safe. It
is more important than ever to educate the citizens of Marin about the safe handling and storage
of firearms.
8 FBI Documents, “NICS Firearm Background Checks,” accessed August 12, 2020, https://www.fbi.gov/file-
repository/nics_firearm_checks_-_month_year.pdf/view.
9 World Population Review, “Marin County, California Population 2020,” accessed August 15, 2020,
https://worldpopulationreview.com/us-counties/ca/marin-county-population/.
10 Jim Curcuruto, “Millions of First Time Gun Buyers during COVID -19,” NSSF, June 1, 2020,
https://www.nssf.org/millions-of-first-time-gun-buyers-during-covid-19/.
11 Benedict Carey, “First Time Gun Owners at Risk for Suicide, Major Study Confirms,” The New York Times,
June 3, 2020, https://www.nytimes.com/2020/06/03/health/suicide-guns-firearms.html.
12 Fagone, Gafni, Sanchez, and Asimov, “Gun Sales Surge Amid Coronavirus Fears,”
https://www.sfchronicle.com/bayarea/article/Gun-sales-surge-amid-coronavirus-fears-and-15138650.php.
13 Federal Reserve Economic Data, “Unemployment Rate in Marin County,” June 2020,
https://fred.stlouisfed.org/series/CAMARI5URN.
The Gun Next Door: Firearm Safety in Marin County
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Marin County’s elected officials have done some messaging in the past regarding gun safety.
The county superintendent of schools, the sheriff, and the district attorney joined together to
encourage gun safety in the homes of school children. Their gun safety message included a
request that parents ask other parents whether any unlocked guns are present in the home before
sending a child on a playdate.14
In 2019, the district attorney sponsored a training on the use of gun violence restraining orders, a
relatively new type of civil restraining order designed to ensure that people who are a risk to
themselves or others are not armed.15 The previous district attorney organized gun buyback
programs in cooperation with law enforcement in 2013 and 2016.16 In 2019, the Tiburon town
manager sent an email to residents reminding them of the need to handle weapons safely. The
Central Marin Police Authority partnered with the National Shooting Sports Foundation to offer
free gun locks at its stations.17 These are all models of good leadership. Yet more can be done—
more needs to be done to protect our communities from the “gun next door.”
Storage and Handling of Firearms
Almost 18 percent of gun owners in California store their guns loaded and unlocked.
California is one of several states with strong laws prohibiting “criminal storage” of firearms.
The state imposes criminal liability on adults whose firearms are stored negligently where a child
or a person prohibited from possessing a firearm can gain access.18
A University of California, Davis, survey reveals that these gun safety laws are responsible for
Californians being more likely than the rest of the country to store their guns safely. Yet, more
than 65 percent of California gun owners do not store their guns in the safest manner, both
locked and unloaded. Almost 18 percent of gun owners in the state store their guns in the most
unsafe way possible, unlocked and loaded.19
Unsecured weapons are a major concern. The Centers for Disease Control and Prevention reports
that guns are the second highest cause of death for children and teens in America, following only
14 Lori Frugoli, Robert Doyle, and Mary Jane Burke, letter to parents/guardians of Marin Cou nty students, Marin
County Office of Education, February 2019,
https://www.marinschools.org/cms/lib/CA01001323/Centricity/Domain /1249/Feb%202019%20Gun%20Safety-
English.pdf.
15 Marin County News Release, “DA Offers Gun Violence Restraining Order Training,” July 8, 2019,
https://www.marincounty.org/main/county-press-releases/press-releases/2019/da-gunviolencetraining-070819.
16 Stephanie Weldy, “Marin Gun Buyback Purchases $80,000 in Firearms,” Marin Independent Journal,
September 13, 2016, https://www.marinij.com/2016/09/13/marin-gun-buyback-purchases-80000-in-firearms/.
17 Central Marin Police Authority, “Project Childsafe—Gun Locks,” accessed August 14, 2020,
http://centralmarinpolice.org/145/Project-Childsafe---Gun-Locks.
18 California Penal Code §§ 25100-25140, accessed August 14, 2020,
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=25100.
19 Kravitz-Wirtz, Pallin, and Miller,“Firearm Ownership and Acquisition in California,”
https://injuryprevention.bmj.com/content/early/2019/10/25/injuryprev -2019-043372.
The Gun Next Door: Firearm Safety in Marin County
Marin County Civil Grand Jury Page 5 of 15
automobile accidents.20 Furthermore, a study of the last three decades of American mass school
shootings revealed that 75 percent of guns used in school shootings by minors came from the
home of a parent or relative. According to the U.S. Secret Service, in half of the cases the firearm
was either readily accessible or was not secured in a meaningful way.21
Securing Firearms
“Own it? Respect it. Secure it.”
Gun locks and gun safes are effective ways of storing guns and reducing gun-related tragedies.22
For more than a decade, California has
required that any sale of a firearm, whether
by dealer or private sale, be accompanied by
a gun lock if a gun safe is not available.23
However, many guns have been handed
down through families or purchased from
individuals, and a gun lock may not have
been provided.
The Central Marin Police Authority
partnered with the National Shooting Sports
Foundation to offer 1,100 firearm safety kits
to residents of Corte Madera, Larkspur, and
San Anselmo. The kits are available free of
charge and include a safety curriculum and a
cable-style gun lock. The police website
states, “We encourage residents to pick up a
Project Childsafe kit so that they can
securely store their firearm.”24 The Project
Childsafe organization emphasizes safe
handling with its motto, “Own it? Respect it.
Secure it.”25
20 Rebecca M. Cunningham, M.D., Maureen A. Walton, M.P.H., Ph.D., and Patrick M. Carter, M.D., “The Major
Causes of Death in Children and Adolescents in the United States,” The New England Journal of Medicine,
December 20, 2018, https://www.nejm.org/doi/full/10.1056/NEJMsr1804754.
21 National Threat Assessment Center, Protecting America’s Schools: A U.S. Secret Service Analysis of Targeted
School Violence, U.S. Secret Service, Department of Homeland Security, November 2019,
https://www.secretservice.gov/data/protection/ntac/usss-analysis-of-targeted-school-violence.pdf.
22 Michael Monuteaux, Deborah Azrael, and Matthew Miller, “Association of Increased Safe Household Firearm
Storage with Firearm Suicide and Unintentional Death among US Youths,” JAMA Pediatrics, May 13, 2019,
https://jamanetwork.com/journals/jamapediatrics/fullarticle/2733158.
23 California Penal Code § 23635, accessed August 14, 2020,
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=23635 .
24 Central Marin Police Authority, “Project Childsafe—Gun Locks,” accessed August 15, 2020,
http://centralmarinpolice.org/145/Project-Childsafe---Gun-Locks.
25 Project Childsafe, “Parents & Gun Owners,” 2018, https://projectchildsafe.org/parents-and-gun-owners.
Cable gun lock on left and trigger gun lock on right .
(Photo courtesy of U.S. Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives, Office of
Enforcement, Programs and Services)
The Gun Next Door: Firearm Safety in Marin County
Marin County Civil Grand Jury Page 6 of 15
Because of the potential for the mishandling of firearms, it is important that all local law
enforcement agencies reach out to Marin gun owners to remind them of the legal requirements
and safety considerations surrounding safe storage and handling of firearms. These agencies
should also develop procedures for residents to drop off unwanted guns at their police stations
and inform residents of these procedures. Law enforcement should also provide free gun locks
and encourage residents to pick up a lock if they do not have one.
Stolen Guns
A firearm is stolen every 2 minutes in the United States.
Law enforcement officials, both in Marin and nationally, report that guns are a prime target in
home and automobile burglaries. One study concluded, “The number of stolen guns in the United
States is staggering. Whether taken from gun stores or from individual gun owners, a firearm is
stolen every 2 minutes. These stolen guns are often diverted directly into illegal trafficking
networks and end up being used in the commission of violent crimes.”26 A study by the United
States Department of Justice in 2016 estimated that more than 50 percent of guns used in crimes
were either stolen or obtained through an illegal trafficking network.27 In California, more than
132,000 guns were reported stolen from individual owners from 2012 through 2015.28
The California Department of Justice maintains a database of crimes and clearances by county.
These incidents are reported to the state Department of Justice, but not published anywhere
locally. The Grand Jury’s analysis of this data determined that there were 265 armed robberies
and 180 armed assaults reported in Marin in the ten years ending in 2019.29 The Jury could find
no Marin-specific statistics on stolen guns used in such crimes.
To help prevent guns from ending up in the hands of criminals, local law enforcement should
remind gun owners that their firearms must be secured with a firearm locking device in a locked
location, like a safe or lock box.30 The best way to keep guns out of the hands of criminals is to
lock them in a bolted-down safe.31 Gun owners should also be reminded to never leave a gun in
plain sight in an automobile or leave it there overnight. A gun in a car should be locked in a safe
26 Chelsea Parsons and Eugenio Weigend Vargas, “Stolen Guns in America,” Center for American Progress, July
25, 2017, https://www.americanprogress.org/issues/guns-crime/reports/2017/07/25/436533/stolen-guns-america/.
27 Mariel Alper, Ph.D., and Lauren Glaze, “Source and Use of Firearms Involved in Crimes: Survey of Prison
Inmates, 2016,” U.S. Department of Justice, Bureau of Justice Statistics, Special Report, January 2019, p. 1,
https://www.bjs.gov/content/pub/pdf/suficspi16.pdf.
28 Parsons and Weigend, “Stolen Guns in America,” https://www.americanprogress.org/issues/guns-
crime/reports/2017/07/25/436533/stolen-guns-america/.
29 California Department of Justice, “Crimes and Clearances,” OpenJustice database, accessed August 12, 2020,
https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances.
30 Everytown for Gun Safety Support Fund, “Unload, Lock, and Separate: Secure Storage Practices to Reduce Gun
Violence,” September 3, 2019, https://everytownresearch.org/secure-storage/.
31 Gun News Daily, “Gun Safes: Here Are the Very Best You Can Get,” The National Interest, December 24, 2019,
https://nationalinterest.org/blog/gun-safes-here-are-very-best-you-can-get-108051.
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that is secured to the vehicle either permanently or with a cable lock with a high-quality
padlock.32 These locking devices will deter all but the most dedicated thieves.
Suicide by Gun
“Whether a suicide attempt is fatal depends heavily on the lethality of the method used, and firearms
are extremely lethal.”
There were 83 suicides by gun in Marin between 2013 and 2019.33 Any gun in the household
increases the risk of suicide.34 About six in ten gun deaths in the United States each year are
suicides.35 According to the results of a recent study published in the New England Journal of
Medicine, gun owners in California were nearly four times as likely to die by suicide than people
without guns, even when controlling for gender, age, race, and neighborhood. The journal
reported, “Suicide attempts are often impulsive acts, driven by transient life crises. Most attempts
are not fatal, and most people who attempt suicide do not go on to die in a future suicide.
Whether a suicide attempt is fatal depends heavily on the lethality of the method used, and
firearms are extremely lethal.”36
According to research presented in the Annals of Internal Medicine, the elevated risk of suicide
applies to everyone in the household, not just the owner of the gun.37 The Children’s Hospital of
Philadelphia Research Institute notes that “more than 80 percent of guns used by youth in suicide
attempts were kept in the home of the victim, a relative, or a friend.”38
The Marin County Health and Human Services Department recently published its Suicide
Prevention Strategic Plan. That plan cites the Harvard T.H. Chan School of Public Health’s
Means Matter campaign which emphasizes the direct connection between the ready availability
of firearms and suicide. The campaign notes six key points of understanding:
■ Many suicide attempts occur with little planning during a short-term crisis. While
some suicides are the result of deliberate planning, many people who attempt or die by
32 Spencer Blue, “Gun Theft Happens: How to Reduce Your Risk,” Lucky Gunner, February 1, 2018,
https://www.luckygunner.com/lounge/how-to-prevent-gun-theft/.
33 Marin County Sheriff’s Office, “Coroner Division Annual Report,” 2019,
https://www.marinsheriff.org/assets/downloads/2019-Coroner-Division-Annual-Report.pdf.
34 Andrew Anglemyer, Tara Horvath, and George Rutherford, “The Accessibility of Firearms and Risk for Suicide
and Homicide Victimization among Household Members,” Annals of Internal Medicine, January 21, 2014,
https://annals.org/aim/fullarticle/1814426/accessibility-firearms-risk-suicide-homicide-victimization-among-
household-members-systematic.
35 Terry L. Schell, Matthew Cefalu, Beth Ann Griffin, Rosanna Smart, Andrew R. Morral, “Changes in Firearm
Mortality Following the Implementation of State Laws Regulating Firearm Access and Use,” Proceedings of the
National Academy of Science, June 15, 2020, https://www.pnas.org/content/117/26/14906.
36 David Studdert, Yifan Zhang, et al., “Handgun Ownership and Suicide in California,” The New England Journal
of Medicine, June 4, 2020, https://www.nejm.org/doi/full/10.1056/NEJMsa1916744.
37 Anglemyer, Horvath, and Rutherford, “The Accessibility of Firearms and Risk for Suicide and Homicide
Victimization among Household Members,” https://annals.org/aim/fullarticle/1814426/accessibility-firearms-risk-
suicide-homicide-victimization-among-household-members-systematic.
38 Children’s Hospital of Philadelphia Research Institute, “Gun Violence: Facts and Statistics,” May 2018,
https://injury.research.chop.edu/violence-prevention-initiative/types-violence-involving-youth/gun-violence/gun-
violence-facts-and#.Xnwi7pNKhQJ.
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suicide decide to do so in an hour or less of consideration. Reducing access to common
lethal means can deter some individuals from impulsive suicidal self-directed violence.
■ Intent alone does not determine whether or not an attempt will be lethal; means
also matter. Reducing easy access to highly lethal methods of suicide can save lives,
especially among individuals with a high intent to die by suicide during brief episodes.
■ 90% of people who make a suicide attempt will not go on to die by suicide in their
lifetime. The high rate of long-term survival among survivors of a suicide attempt
support the understanding that many suicidal crises are short-lived, even if there are
underlying, longer-term factors behind shorter-term crises.
■ Access to firearms is a risk factor for suicide. Scientifically validated studies have
unilaterally demonstrated that access to firearms is associated with increased suicide
risk in the United States.
■ Firearms used in youth suicide usually belong to a parent. Failure to engage in safe
storage practices for firearms in the household can have devastating repercussions for
families.
■ Reducing access to lethal means saves lives. Research demonstrates the effectiveness
of efforts in lethal means reduction, in the United States and internationally. Combined
with practices that reduce the likelihood that individuals experience mental health
crises, lethal means reduction is critical to preventing suicide.39
39 Roberta Chambers, David Klauber, Ryan Fukumori, Marin County Suicide Prevention Strategic Plan, Behavioral
Health and Recovery Services, January 2020, pp. 93–94,
https://www.marinhhs.org/sites/default/files/files/servicepages/2020_01/marin_county_suicide_prevention_strategic
_plan-final-jan_2020.pdf.
Poster used in Alameda County’s gun safety public service campaign .
The Gun Next Door: Firearm Safety in Marin County
Marin County Civil Grand Jury Page 9 of 15
What Can Be Done?
Public Awareness Campaigns
“If you have a firearm at home, please take a moment to ask yourself if it is being stored properly.
Hiding a firearm in a closet or drawer is not safe storage.”
Public awareness campaigns involve efforts to build broad public recognition of a problem
through media, messaging, and an organized set of communication tactics. A gun safety
campaign in Marin may reduce the risks from the unsafe storage and handling of guns.
In recent years, violence prevention associations, public health advocacy groups, law
enforcement agencies, and gun rights organizations across the country have attempted to curb
gun violence and encourage safe storage and handling of guns through public awareness
campaigns.40
While there is no direct evidence that public education campaigns successfully promote safe
firearm storage, there is evidence that both short-term and long-term behavioral changes have
occurred following similar public health campaigns.41 The National Cancer Institute, for
example, has determined that its messaging contributed to a substantial decline in smoking since
the 1960s.42 Analyses of media campaigns designed to affect several behavioral changes—
including those relating to condom use, binge drinking, alcohol sales to minors, mammography
screening, dental visits, bike helmets, and the use of seat belts—reveal some success.43
Some government agencies and public interest groups in Marin have participated in formal
efforts to stress the importance of safe and proper firearm storage. The county superintendent of
schools, together with the district attorney and sheriff, has undertaken efforts to educate parents
and guardians about the safe storage of firearms. In February 2020, the Office of Education
provided letters to school districts for distribution to parents and guardians, informing them that
California law requires safe storage of firearms.44 In these materials, parents and guardians were
40 National Crime Prevention, “Share the Campaign,” accessed August 27, 2020,
https://www.safefirearmsstorage.org/share-the-campaign/campaign-background/; Office of the Alameda County
District Attorney, “DA O’Malley Announces Public Awareness Campaign Promoting Gun Safety,” Oct. 25, 2017,
https://www.alcoda.org/newsroom/2017/oct/gun_safety_awareness_campaign ; Texas Dept. of Public Safety,
“Statewide Safe Public Storage Campaign,” June 24, 2020, https://www.dps.texas.gov/ETR/SGSC/index.htm;
Brady, “Brady Campaign to Prevent Gun Violence,” accessed August 27, 2020,
https://www.bradyunited.org/search?q=brady+campaign+to+prevent+gun+violence; National Shooting Sports
Foundation, “Project ChildSafe,” accessed August 27, 2020, http://www.projectchildsafe.org/.
41 The Rand Corp., “Education Campaigns and Clinical Interventions for Promoting Safe Storage,” Mar. 12, 2018,
https://www.rand.org/research/gun-policy/analysis/essays/safe-storage.html.
42 U.S. Department of Health and Human Services, The Role of the Media in Promoting and Reducing Tobacco Use ,
pp. 20-21, accessed August 14, 2020, https://cancercontrol.cancer.gov/brp/tcrb/monographs/19/m19_complete.pdf.
43 L. B. Snyder and M. A. Hamilton, “A Meta-Analysis of U.S. Health Campaign Effects on Behavior: Emphasize
Enforcement, Exposure, and New Information, and Beware the Secular Trend,” National Institute for Health
Research, August 31, 2004,
https://www.crd.york.ac.uk/CRDWeb/ShowRecord.asp?ID=12002006127&ID=120020061 27.
44 Frugoli, Doyle, and Burke, letter to parents/guardians of Marin County students.
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Marin County Civil Grand Jury Page 10 of 15
advised to ask about the presence of unsecured guns in the homes of neighbors when planning
playdates. However, approximately 70 percent of households in Marin do not have children.45
The safe storage and handling message needs to reach all homes in Marin County—not just those
with children.
For instance, the Tiburon town manager sent an email to town residents urging gun safety: “If
you have a firearm at home, please take a moment to ask yourself if it is being stored properly.
Hiding a firearm in a closet or drawer is not safe storage.”46 In that email, Tiburon’s police chief
also offered to accept any firearms the town’s residents wanted removed from their homes. Other
towns and cities in Marin should consider sending a similar message.
Furthermore, the Grand Jury believes that Marin County should develop a formal countywide
public awareness campaign on gun safety. Such a campaign is more important now than ever
given the recent national surge in gun purchases. In 2017, the Alameda County District Attorney,
in partnership with Clear Channel Outdoor, conducted a public awareness campaign focused on
gun violence and the safe storage of firearms. The message “Save a Life! Lock Up Your Guns”
was posted on billboards and bus shelters throughout the county. This campaign aimed to inform
all gun owners in the county of their legal responsibility to ensure that no child could access a
firearm. The district attorney stated, “If there are children living in or visiting your home, your
gun must be secured and locked in a place that no child can access. This is the law in our state.
When gun owners follow this law, lives are saved and tragedies are prevented.” 47
45 Kidsdata.org, “Households with and without Children,” 2017, https://www.kidsdata.org/topic/40/households-
with-children250/table#fmt=462&loc=217&tf=95&ch=89,90&sortColumnId=0&sortType=asc.
46 Greg Chanis, “Free Gun Locks and Firearm Disposal,” email sent to Tiburon residents, October 2019.
47 Office of the Alameda County District Attorney, “DA O’Malley Announces Public Awareness Campaign
Promoting Gun Safety,” press release, October 25, 2017.
https://www.alcoda.org/newsroom/2017/oct/gun_safety_awareness_campaign .
Poster used in Alameda County’s gun safety public service campaign
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Marin County Civil Grand Jury Page 11 of 15
The Alameda County District Attorney’s office created the posters used in the campaign, and
Clear Channel Outdoor donated its services and advertising space. Alameda County’s expenses
included only the price of copying the posters used in the campaign. The Alameda District
Attorney’s office has indicated it would make its materials available free of charge to Marin
County for use in a similar campaign.
There have been earlier public awareness campaigns on topics of importance to Marin, such as
human trafficking and bullying.48 The Grand Jury believes that Marin’s district attorney, as the
chief law enforcement officer in the county, is in an ideal position to lead a campaign on gun
safety in Marin County.
The campaign should include traditional approaches to a public awareness campaign such as
signage, print media, radio, television, and community presentations. However, in order to
ensure the campaign reaches as many Marin County residents as possible, the information in the
campaign should be included on public bulletin boards and social media platforms, including
Nextdoor, Twitter, Facebook, and Instagram, and prominently displayed on the websites of all
law enforcement agencies in the county. This effort should be an ongoing program and not just a
one-time effort.
Gun Buyback Programs
A gun removed from a home during a buyback is no longer available to a child or mentally unstable
person living in that home.
Gun buyback programs are not new. They have taken place in many communities across
California, including Marin County. These programs have successfully removed thousands of
guns, but are criticized by some who contend that criminals are unlikely to turn in their guns.
Nevertheless, any gun turned in and destroyed is a gun that will never be used to harm anyone.
Studies have shown that guns stored in homes are often the target of thieves.49 Guns collected
during buyback programs are no longer available for theft. More important, a gun removed from
a home during a buyback is no longer available to a child or mentally unstable person living in
that home, or to any person who might be contemplating suicide. In fact, Marin County’s new
Suicide Prevention Strategic Plan specifically recommends that a suicide prevention group be
formed to collaborate with a number of stakeholders, including the district attorney’s office, to
48 Marin County DA, “Join Us and Hundreds of Individuals in the Fight to End Human Trafficking !” January 23,
2020, https://www.marincountyda.org/news/press/join-us-and-hundreds-of-individuals-in-the-fight-to-end-human-
trafficking-take-a-pledge; Marin County DA, “DA’s Office Strengthens Stand Against Bullying,” February 1, 2018,
https://www.marincounty.org/main/county-press-releases/press-releases/2018/da-niot-020118.
49 Chelsea Parsons and Eugenio Weigend Vargas, “Stolen Guns in America,” Center for American Progress, July
25, 2017, https://www.americanprogress.org/issues/guns-crime/reports/2017/07/25/436533/stolen-guns-america/.
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Marin County Civil Grand Jury Page 12 of 15
conduct gun buyback events.50 Advocates of gun buyback programs say these programs may also
raise awareness regarding the issue of gun safety and gun violence.51 Gun buyback programs can
contribute to a safer Marin by spreading the message that gun safety is an important issue.
Marin County has conducted two gun buyback programs within the last ten years. The 2013 gun
buyback program in Marin was financed with a $10,000 donation from the Marin Community
Foundation and about $5,000 from private donors.52 The Grand Jury supports the idea that gun
buyback events, financed with community foundation and private donations, as well as with
other available grants, may play a role in a larger strategy to reduce the threat of gun deaths and
injuries in Marin.
50 Chambers, Klauber, Fukumori, Marin County Suicide Prevention Strategic Plan, pp. 93, 95,
https://www.marinhhs.org/sites/default/files/files/servicepages/2020_01/marin_county_suicide_prevention_strategic
_plan-final-jan_2020.pdf.
51 American Trauma Society, “National Trauma Awareness Month 2019 Resources,” accessed August 27, 2020,
https://www.amtrauma.org/page/NTAM2019Resources.
52 Nels Johnson, “$15,000 Collected as Marin Embraces Gun Buyback Plan,” Marin Independent Journal, July 19,
2012, https://www.marinij.com/2012/12/29/15000-collected-as-marin-embraces-gun-buyback-
plan/?clearUserState=true.
Marin police officers examining guns during a gun buyback program.
(Photo courtesy of City of Mill Valley)
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Marin County Civil Grand Jury Page 13 of 15
Gun Violence Restraining Orders
“America’s recent experiences with mass shootings have demonstrated the urgent need for gun violence
protective orders. In many of these incidents, community members noted warning signs beforehand, but
there was nothing they could do to remove the shooter’s access to guns before the tragedy.”
A gun violence restraining order (GVRO) is a civil court order created in California by
legislation effective January 1, 2016.53 This legislation, sometimes referred to as a “red flag”
law, allows a court to order a person to surrender all guns and ammunition if there is reasonable
cause to believe that the person poses an immediate and present danger of causing personal
injury to self or others, even if a crime has not yet been committed. For example, in 2014, a
college student in Santa Barbara killed 6 people and injured 14. Despite his parents’ earlier pleas
for help, law enforcement had no legal means to remove this young man’s weapons at that
time.54
At its April 2020 meeting, the American Bar Association considered and passed a resolution that
stated in part: “America’s recent experiences with mass shootings have demonstrated the urgent
need for gun violence protective orders. In many of these incidents, community members noted
warning signs beforehand, but there was nothing they could do to remove the shooter’s access to
guns before the tragedy.”55
A GVRO may be requested from the court by a law enforcement officer; a member of the
person’s immediate family or household; the person’s employer, coworkers, or employees; or the
person’s secondary and post-secondary teachers.56 The court may issue an initial 21-day order
without the person or a representative in attendance. After notice and a second hearing, the order
may be extended for up to five years.
The Grand Jury believes that GVROs can fill an important gap in the legal framework by
providing a mechanism for a court to order the surrender of guns before a crime has been
committed, thereby preventing injury or death. The Grand Jury further believes it is important
that Marin residents become aware of the availability and the procedure for obtaining a GVRO,
and that this information should be included in any public awareness campaign regarding gun
safety.
53 California AB-1014, Gun Violence Restraining Orders, September 30, 2014,
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1014 .
54 Amanda Covarrubias, Kate Mather, and Matt Stevens, “The Isla Vista Shooting Suspect Targeted Sororities,
Neighbors, Strangers,” Los Angeles Times, May 24, 2014, https://www.latimes.com/local/lanow/la-me-ln-isla-vista-
shooting-witnesses-describe-gunman-20140524-story.html.
55 David W. Clark, Chair, Standing Committee on Gun Violence, American Bar Association, Resolution 17A118B,
August 2017, https://www.americanbar.org/groups/public_interest/gun_violence/policy/17a118b/.
56 California AB-61, Gun Violence Restraining Orders, October 14, 2019,
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB61 .
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FINDINGS
F1. A comprehensive public awareness campaign that reaches all Marin residents would be
effective in reducing the risk from unsafely handled and stored guns.
F2. Marin residents should be reminded that firearms stored unsafely increase the potential for
accidental injury or death.
F3. Firearms that are not stored in a gun safe pose an unacceptable risk of being stolen or used
in crime.
F4. Marin residents should be reminded that a gun in a home increases the risk of suicide for all
members of the household.
F5. Gun buyback programs reduce the availability of lethal weapons to suicidal individuals, the
risk of accidental injury or death, and the possibility that a gun will be stolen.
F6. Gun violence restraining orders can play an important role in keeping guns away from those
who should not have them.
RECOMMENDATIONS
R1. The Marin County district attorney should begin work, within six months from the date of
this report, on a comprehensive, multimedia (including social media) public awareness
campaign that includes information regarding the safe handling and storage of firearms, and
the availability of gun violence restraining orders.
R2. Each town, city, police authority, as well as the sheriff, should, at least annually, beginning
in fiscal year 2020–21, send reminders to its residents regarding the need for safe handling
and storage of firearms, and this reminder should be posted on official websites and social
media platforms.
R3. Each town, city, police authority, as well as the sheriff should, within six months of the date
of this report, offer free gun locks and publicize a procedure for residents to turn in
unwanted weapons. This message should also be posted on official websites and social
media platforms.
R4. The Marin County district attorney should work with other law enforcement agencies to
continue to offer gun buyback programs, funded by public donations or grants.
REQUEST FOR RESPONSES
According to the California Penal Code, agencies required to respond to Grand Jury reports
generally have no more than 90 days to issue a response. It is not within the Grand Jury’s power
to waive or extend these deadlines, and to the Grand Jury’s knowledge, the Judicial Council of
California has not done so. But we recognize that the deadlines may be burdensome given
current conditions caused by the COVID-19 pandemic.
Whether the deadlines are extended or not, it is our expectation that Marin’s public agencies will
eventually be able to return to normal operations and will respond to this report. In the meantime,
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Marin County Civil Grand Jury Page 15 of 15
however, public health and safety issues are of paramount importance and other matters might
need to wait.
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as shown below.
Where a recommendation is addressed to multiple respondents, each respondent should respond
solely on its own behalf without regard to how other respondents may respond.
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following
governing bodies:
■ City of Belvedere (F1–F6, R2–R4)
■ City of Larkspur (F1–F6, R2, R3)
■ City of Mill Valley (F1–F6, R2–R4)
■ City of Novato (F1–F6, R2–R4)
■ City of San Rafael (F1–F6, R2–R4)
■ City of Sausalito (F1–F6, R2–R4)
■ Town of Corte Madera (F1–F6, R2, R3)
■ Town of Fairfax (F1–F6, R2–R4)
■ Town of Ross (F1–F6, R2–R4)
■ Town of San Anselmo (F1–F6, R2, R3)
■ Town of Tiburon (F1–F6, R2–R4)
■ Central Marin Police Authority Police Council (F1–F6, R2–R4)
■ Marin County Sheriff (F1–F6, R2–R4)
■ Marin County District Attorney (F1–F6, R1–R4)
Note: At the time this report was prepared information was available at the websites listed.
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of
the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to
the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929
prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury investigations by protecting the
privacy and confidentiality of those who participate in any Civil Grand Jury investigation.