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Home My WebLink AboutCM Gun Control and Safety PPTGun Control and Safety Measures September 16, 2019Slide 1 Gun Control and Safety Measures September 16, 2019 Gun Control and Safety Measures September 16, 2019Slide 2 Overview Gun Control and Safety Measures September 16, 2019Slide 3 Overview •Federal Gun Laws •State Gun Laws •San Rafael’s Existing Gun Control Laws •Policy and Program Options 1.Local Gun Regulations 2.Gun Buyback Program 3.Gun Violence Restraining Order Awareness 4.Legislative Advocacy Gun Control and Safety Measures September 16, 2019Slide 4 Column 1 Title Column 2 Title Federal Gun Laws BACKGROUND CHECKS •NICS and reporting procedures •Background check procedures •Mental health reporting •Interstate and online gun sales WHO CAN HAVE A GUN •Categories of prohibited people •Domestic violence and firearms •Extreme risk protection orders •Terrorist watchlist •Minimum age •Disarming prohibited people GUN SALES •Gun dealers •Maintaining records •Waiting records •Gun shows OWNER RESPONSIBILITIES •Licensing •Registration •Reporting lost and stolen firearms Gun Control and Safety Measures September 16, 2019Slide 5 Column 1 Title Column 2 Title Federal Gun Laws CHILD AND CONSUMER SAFETY •Child access prevention •Safe storage •Smart guns •Design safety standards •Non-powder and toy guns GUNS IN PUBLIC •Concealed carry •Open carry •“Stand Your Ground” laws •Guns in schools •Location restrictions HARDWARE AND AMMUNITION •Assault weapons •Large capacity magazines •Ammunition regulations •Ghost guns •Machine guns and .50-caliber •Silencers CRIME GUNS •Trafficking and straw purchasing •Bulk gun purchases •Microstamping and ballistics Gun Control and Safety Measures September 16, 2019Slide 6 State Gun Laws Gun Control and Safety Measures September 16, 2019Slide 7 State Gun Laws •Licensing of the Purchase, Ownership or Possession of a Firearm in the Home or Place of Business •Assault Weapons •Background Checks Gun Control and Safety Measures September 16, 2019Slide 8 State Gun Laws •Waiting Period •Large Capacity Ammunition Magazines •Possession of Large Capacity Magazines –The U.S. District Court in the Southern District of California determined that Proposition 63 was unconstitutional. This decision has been stayed pending the outcome of the 9th Circuit appeal. Gun Control and Safety Measures September 16, 2019Slide 9 State Gun Laws •Fifty Caliber Rifles •Machine guns and Automatic Firearms •Ammunition Regulations Gun Control and Safety Measures September 16, 2019Slide 10 State Gun Laws •Concealed Weapons Permitting •Safe Storage in Vehicles Gun Control and Safety Measures September 16, 2019Slide 11 San Rafael’s Existing Gun Laws Gun Control and Safety Measures September 16, 2019Slide 12 San Rafael’s Existing Gun Laws •Prohibition on the discharge of guns except in defense of persons or property •Gun Shop zoning regulations, including: –Gun shops conditionally permitted in GC, FBWC, 4SRC, CSMU, 2/3 MUE, 2/3 MUW, and WEV zones –Performance standards related to gun shops including locational restrictions (dealers cannot be located within 300 feet of a day care facility, church or school) and Police and Fire Departments review Gun Control and Safety Measures September 16, 2019Slide 13 San Rafael’s Existing Gun Laws •Regulation of firearm dealers, including: –Firearm permit required for all firearm dealers –Permits cannot be transferred –Requirement that Permittee possess a $1M per occurrence liability insurance policy for injury or death to any person as a result of the sale or transfer of a firearm –Permits expire one year after date of issuance and can be renewed for one-year periods –Grounds for denial or revocation of firearm permit include: •Misleading statements on applications •Conviction of offenses that disqualify applicants from possessing firearms under Penal Code, offenses involving use of force, any felony, misdemeanor burglary or misdemeanor fraud •Offenses involving the manufacture, sale, possession or use of a controlled substance Gun Control and Safety Measures September 16, 2019Slide 14 San Rafael’s Existing Gun Laws •Home occupation prohibition –Firearms dealers are not permitted as home occupations •Prohibition on possession of firearms in public parks, community centers, outdoor public areas including library and City Hall, and recreation facilities Gun Control and Safety Measures September 16, 2019Slide 15 Policy Options Gun Control and Safety Measures September 16, 2019Slide 16 #1. Safe Storage and Site Security Regulations •For Firearm Dealers –Securing all heating, ventilating, air conditioning openings with metal grating or steel bars –During business hours, securing firearms in a locked case, behind the counter with an impenetrable barrier that extends from floor or counter to ceiling –Securing firearms by an alarm system monitored by a central station –Monitoring premises by video surveillance system •In the Home –Storage of guns in locked containers or with locking devices to prevent access by unauthorized users Gun Control and Safety Measures September 16, 2019Slide 17 #2. Permit Requirements to be a Firearms Dealer and Ammunition Dealer •The City currently requires all firearms dealers to possess firearm permits. •Add the requirement that all ammunition vendors obtain a firearm permit Gun Control and Safety Measures September 16, 2019Slide 18 #3. Firearms and Ammunition Dealer Zoning Regulations •The City has some standards to maintain a firearm permit •Add additional standards: –Additional locational limitations for “sensitive uses.” –Requirement that all firearm transactions be videotaped –Mandatory inspections of firearm dealers –Requirement that firearm dealers report their inventory Gun Control and Safety Measures September 16, 2019Slide 19 Program Options Gun Buyback Program Gun Control and Safety Measures September 16, 2019Slide 20 Gun Buyback Programs •In 2013 and 2016, the Marin County District Attorney’s Office conducted gun buyback programs •Types of firearms that were surrendered include: –Long rifles –Shotguns –Pistols –Semi-automatic handguns •2013: 827 firearms surrendered ($111,000) 2016: 685 firearms surrendered ($79,600) Gun Control and Safety Measures September 16, 2019Slide 21 Program Options Gun Violence Restraining Order Awareness Gun Control and Safety Measures September 16, 2019Slide 22 Gun Violence Restraining Orders •Signed into law in 2014 and went into effect in 2016 •Allows police or family members to petition a court to recover a person’s firearms and ammunition in emergency situations for up to three weeks •Can be extend to one year Gun Control and Safety Measures September 16, 2019Slide 23 When to Petition for a Gun Violence Restraining Order •When a family member or housemate is experiencing a mental health crisis and is expressing thoughts of suicide or death •When someone withdrawing from friends, family, school, sports or hobbies; expressing sorrow or anger over a failed relationship; or when someone begins to unexpectedly give away important possessions •When the behavior of a veteran or relative diagnosed with a mental health disorder causes concern for their safety or the safety of others because of his or her access to guns •If a person is threatening violence, is posting social media threats to kill, or has written a manifesto of hate, violence, or killing Gun Control and Safety Measures September 16, 2019Slide 24 Gun Violence Restraining Orders •Take an active role in Gun Violence Restraining Order awareness by working with the Marin County District Attorney’s Office on community engagement opportunities •Includes public meetings, sharing information, and other programs as directed by the City Council Gun Control and Safety Measures September 16, 2019Slide 25 Program Options Legislative Advocacy Gun Control and Safety Measures September 16, 2019Slide 26 Pending Federal Legislation •H.R. 8:the Bipartisan Background Checks Act of 2019 •H.R. 1112:the Enhanced Background Checks Act •H.R. 1186:the Keep Americans Safe Act •H.R. 1236:the Extreme Risk Protection Order Act of 2019 •H.R. 2708:the Disarm Hate Act Gun Control and Safety Measures September 16, 2019Slide 27 Column 1 Title Column 2 Title Pending State Legislation •Assembly Bill 12 •Assembly Bill 18 •Assembly Bill 61 •Assembly Bill 165 •Assembly Bill 645 •Assembly Bill 879 •Assembly Bill 893 •Assembly Bill 1297 •Senate Bill 55 •Senate Bill 61 •Senate Bill 120 •Senate Bill 172 •Senate Bill 220 Gun Control and Safety Measures September 16, 2019Slide 28 Questions?