Title
Recommendation to Provide Direction to City Staff Regarding Local Firearm/Gun Control Regulation. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Gun safety is a serious concern as firearm-related deaths are at epidemic levels annually in the United States. California is not immune from gun-related deaths. The City of Alameda continues to engage in this dialogue by gathering community input, convening meetings, and advocating for greater accountability. Most recently the City convened a Gun Safety Town Hall, held on October 14, 2019. Following the Town Hall, staff is now seeking City Council direction on next steps related to potential local firearm/gun control measures.
BACKGROUND
The City of Alameda (City) is committed to the safety, health and welfare of all its residents and ensuring the safety of Alameda residents is a top priority.
The United States Centers for Disease Control and Prevention reports that firearm related deaths in the United States is at epidemic levels, claiming over 40,000 lives annually. In 2018 there were over 3,000 deaths involving a firearm in California. So far in 2019, there have been at least 21 mass shootings across the country in which 124 people were killed.
Through the City Council referral process earlier this year, Vice-Mayor Knox White and Council Member Oddie raised the issue of local gun safety and the possibility of hosting a Gun Safety Town Hall (Town Hall). The Town Hall occurred on October 14th, 2019. Panel speakers included: Assembly Member, Rob Bonta; District Attorney, Nancy O’Malley; Alameda Police Chief, Paul Rolleri; Stephen McHale, Priest at Christ Episcopal; Gordon Taras, Junior Optimists; Louise Reed, Moms Demand Action for Common Sense Laws. The Town Hall was well attended by approximately 65 members of the public and a wide range of issues, questions, and options to address gun violence were discussed.
DISCUSSION
The City has demonstrated an on-going commitment to addressing gun violence by the entire City Council over the last several years. More recently, in August 2019, Mayor Ezzy Ashcraft was among 249 mayors across the country to sign a letter addressed to US Senate Majority Leader Mitch McConnell and Minority Leader Chuck Schumer calling for action on gun violence legislation in the wake of recent mass shootings. On October 14, 2019, with support from the Mayor and other Council Members, Vice Mayor Jon Knox White and City Council Member Jim Oddie jointly hosted a Gun Safety Town Hall - a conversation about gun safety and actions we can take together - to discuss gun violence and potential local firearm/gun control measures.
At this time, staff is seeking City Council direction on potential next steps related to local gun control/safety measures.
General Categories
There are many ways to categorize methods to improve public safety relative to guns. In this report, staff has outlined options using four broad categories:
1. Safety Training;
2. Reducing potential for violence in public;
3. Ownership and storage; and
4. Responsibility and documentation.
Each category is discussed with options below and it should be noted that any direction from Council would be vetted prior to being presented for consideration to ensure that any potential local firearm/gun regulations would not conflict with federal or state law.
Draft List of Potential Local Firearm/Gun Regulation Options discussed at the Town Hall
The options include, but are not limited to:
1. Safety Training
A. Require certified firearms training for all registered gun owners in the city (i.e., every 5 years).
2. Reducing Potential for Violence in Public
A. Prohibit the carrying of guns at protests or demonstrations.
B. Prohibit carrying multiple 10-rounds of ammunition or less capacity magazines in public.
C. Regulate or prohibit the possession of firearms and/or ammunition on certain types of public property, such as in parks, recreation areas, and municipal buildings.
3. Ownership and Storage
A. Require gun owners to carry (additional) liability insurance.
B. Requires a regular safety maintenance check-up (i.e., every 5-years) including trigger lock functionality for each firearm.
C. Strict liability penalty provision for gun storage.
D. Require safe storage in the home.
E. Require owners who leave guns in their unattended vehicles to store them safely.
4. Responsibility & Documentation
A. Require firearm dealers to carry liability insurance.
B. Require videotaping of sales.
C. Prevent firearm dealers from being located in residential areas or prohibit firearm sales as “home occupation” (i.e., being a home business).
D. Require firearm dealers to periodically report their inventory to law enforcement.
E. Require firearm dealers to deny entrance to unaccompanied minors and other people who are prohibited from owning a gun.
F. Require that firearm dealers be inspected by the police department (annually).
G. Tax gun and ammunition sales to fund gun violence prevention education.
H. Require firearm dealers to post notice about local laws, warnings about the dangers of keeping guns in the home, and/or information about suicide prevention.
While the City Attorney’s Office has conducted a very high level review of the options listed, if Council directs staff to return with specific regulations, substantial additional legal analysis will be necessary.
ALTERNATIVES
Provide direction to staff regarding developing local gun control regulation consistent with one or a combination of the areas outlined. If Council chooses this option, staff recommends that Council provide guidance on priority (e.g. by selecting the top three or five potential options for staff focus) given the expansive list of potential options.
Direct staff to seek input from stakeholders and formulate recommendations related to local gun control regulation and/or next steps that the city can take to better inform possible local regulations or programs.
Take no further action at this time.
FINANCIAL IMPACT
Not applicable because staff is seeking direction from staff at this time.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda has specific requirements for the use, sale and ownership of firearms (Municipal Code Article V).
ENVIRONMENTAL REVIEW
Pursuant to section 15061(b)(3) (“General Rule”) of the California Environmental Quality Act, this action/project will have no impact on the environment. No further environmental review is required at this time.
CLIMATE IMPACTS
Not applicable.
RECOMMENDATION
Provide direction to staff regarding potential next steps following the Gun Safety Town Hall.
CITY MANAGER RECOMMENDATION
This report is being provided as a follow-up to the Town Hall to receive further input from the City Council.
Respectfully submitted,
Gerry Beaudin, Assistant City Manager
cc: Eric Levitt, City Manager