STAFF REPORT. Meeting Date: June 5, 2018 To:

Size: px

Start display at page:

Download "STAFF REPORT. Meeting Date: June 5, 2018 To:"

Felicity McKenzie
5 years ago
Views:

e/ STAFF REPORT Meeting Date: June 5, 2018 To: Honorable Mayor & City Council From: Cynthia Owens, Senior Management Analyst Subject: United States Senate Bill 446 - Constitutional Concealed Carry

1 e/ STAFF REPORT Meeting Date: June 5, 2018 To: Honorable Mayor & City Council From: Cynthia Owens, Senior Management Analyst Subject: United States Senate Bill Constitutional Concealed Carry Reciprocity Act of 2017 and United States Senate Bill The Assault Weapons Ban of 2017 Attachments: 1. Draft letter of opposition to Constitutional Concealed Carry Reciprocity Act of Draft letter of support for S The Assault Weapons Ban of 2017 INTRODUCTION Since 2013, the City Council has expressed an interest in supporting tougher firearm regulations. The United States Congress is currently considering two pieces of legislation related to firearms. The first is United States Senate Bill Constitutional Concealed Carry Reciprocity Act of 2017 and the second is United States Senate Bill The Assault Weapons Ban of The City Council Legislative/Lobby Committee (Liaisons Vice Mayor John Mirisch and Councilmember Lester Friedman) reviewed these two bills on April 23, Their recommendations are included in the following section of the report. DISCUSSION On April 23, 2018, the City Council Legislative/Lobby Committee recommended that City Council send letters to our federally elected officials to: Oppose United States Senate Bill Constitutional Concealed Carry Reciprocity Act of 2017 ( S. 446 ), and Support United States Senate Bill The Assault Weapons Ban of 2017 ( ). S Constitutional Concealed Carry Reciprocity Act of 2017 Senator John Cornyn (R-TX) introduced S the Constitutional Concealed Carry Reciprocity Act of 2017, last year. This legislation would overrule state law by forcing each state to honor the concealed carry permit issued by another state, even if one state has stricter limits on concealed carry weapons than the home state in which the permit was issued. This legislation contains no minimum standards for issuing a concealed carry permit; therefore, the national standard would default to the state with the weakest

2 Meeting Date: June 5, 2018 standard. Twelve states have almost no requirements for issuing a concealed carry permit. Additionally, there are concerns from those opposed to the legislation that a state s protections against the proliferation of guns present in public could be undermined. This could vastly complicate the jobs of law enforcement officers and potentially endanger them. This bill may also weaken the attempts of law enforcement to prevent illegal gun trafficking. Agencies on record as opposed to this bill include, but are not limited to: The US Conference of Mayors New York, New York Los Angeles, California Oakland, California Chicago, Illinois Cambridge, Massachusetts Minneapolis, Minnesota New Orleans, Louisiana The City Council Legislative/Lobby Committee recommended that a letter of opposition to S Constitutional Concealed Carry Reciprocity Act of 2017 be sent our federally elected officials, which includes Senator Feinstein and Senator Kamala Harris (Attachment 1). An additional letter will be sent to Senator Chuck Grassley who chairs the Judiciary Committee. S The Assault Weapons Ban of 2017 There have been 156 mass shootings in the United States between 2009 and A mass shooting is defined as an incident in which four or mote people were shot and killed, not including the shooter. On January 8, 2013, the City Council collectively recommended sending a letter of support to United States Senator Dianne Feinstein for legislation she intended to introduce to ban assault weapons. Senator Feinstein then introduced the Assault Weapons Ban of 2013 ( AWB 2013 ) to the 113th United States Congress on January 24, 2013, one month after the Sandy Hook Elementary School shooting. It was defeated in the Senate on April 17, 2013 by a vote of 40 to 60. Since January 1, 2018, there have been numerous mass shootings in the United States resulting in the deaths of at least seventy-four individuals. In most cases, the assailant s weapon of choice was a high caliber, military-grade assault weapon such as an AR 10 or AR 15 rifle. These weapons, which are designed and configured for rapid-fire, were banned nationally until 2004 by the now-expired Assault Weapons Ban ( AWB ) of The AWB was authored by Senator Feinstein and expired due to a sunset provision on September 13, On November 8, 2017, United States Senator Dianne Feinstein introduced S.2095, the Assault Weapons Ban of If enacted, S would amend different sections of the United States Code Title 18 to: Define the terms semiautomatic pistol, semiautomatic shotgun, semiautomatic assault weapon, semiautomatic rifle, semiautomatic pistol, large capacity feeding ammunition device, barrel shroud, detachable magazine, fixed magazine, the Page 2 of 3

Meeting Date: June 5, 2018 term folding, telescoping, or detachable stock, forward grip, rocket, grenade launcher or rocket launcher, and belt-fed semiautomatic firearm.

3 Meeting Date: June 5, 2018 term folding, telescoping, or detachable stock, forward grip, rocket, grenade launcher or rocket launcher, and belt-fed semiautomatic firearm. Ban the sale, manufacture, transfer and importation of 205 military-style assault weapons by name. This prohibition does not apply to current owners. Require identification markings for Semiautomatic Assault Weapons ( SAW ) and Large Capacity Ammunition Feeding Devices ( LCAFD ). The above section is further amended requiring that the serial number and date of manufacturing the above-referenced guns be printed on the gun in a conspicuous place. Prohibit the transfer of a grandfathered SAW and high-capacity ammunition magazines. Require that grandfathered assault weapons be stored using a secure gun storage or safety device like a trigger lock. Require a background check on any future sale, trade or gifting of an assault weapon covered by the bill. Ban bump-fire stocks and other devices that allow semiautomatic weapons to fire at fully automatic rates. Amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow state or local governments to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program. S was heard by the U.S. Senate Committee on the Judiciary on March 14, No further actions have been taken to date. Agencies who support this bill include, but are not limited to: Berkeley, California County of Los Angeles, California Santa Cruz, California The City Council Legislative/Lobby Committee recommended a letter of support for S The Assault Weapons Ban of 2017 be sent to our federally elected officials which will include Senator Feinstein and Senator Kamala Harris (Attachment 2). FISCAL IMPACT There is no anticipated fiscal impact at this time. RECOMMENDATION Unless other directed otherwise by the City Council, staff will proceed with the recommendations of the City Council Legislative/Lobby Committee and have the Mayor sign letters: Opposing United States Senate Bill Constitutional Concealed Carry Reciprocity Act of 2017 ( S. 446 ), and Supporting United States Senate Bill The Assault Weapons Ban of 2017 ( S ). Ge rge Chavez Approved By Page 3 of 3

4 Attachment I

Senator Feinstein, As the Mayor of the City of Beverly Hills, California, I respectfully urge you to oppose 5. 446, the Constitutional Concealed Carry Reciprocity Act of 2017.

5 the Julian A. Gold MD, Mayor May 24, 2018 Senator Dianne Feinstein 331 Hart Senate Office Building Washington, DC %IIr Re: Oppose Senate Bill 446 Constitutional Concealed Carry Reciprocity Act of 2017 Dear Senator Feinstein, As the Mayor of the City of Beverly Hills, California, I respectfully urge you to oppose , the Constitutional Concealed Carry Reciprocity Act of The legislation preempts state laws governing concealed carry permits, thereby endangering public safety and law enforcement personnel. V At its very core, S. 446 violates the constitutional imperative each state maintains to enact public safety laws they deem to be in the best interests of their residents and communities. As currently drafted, S. 446 sets no minimum standards for concealed carry reciprocity. Therefore, under the bill, the effective national standard for concealed carry permits automatically defaults to the state that has the weakest standarcl This one-size-fits-all approach is reckless and dangerous. Twelve states have virtually no requirements whatsoever on the ability of their residents to secure a concealed carry permit, While that may be a reasonable policy for those particular states to adopt, for many other states, it is not. For instance, California prohibits issuing a concealed carry weapons license to a person based on various categories including: criminal record, military dishonorable discharge, domestic restraining and protective orders, immigration status, condition of probation, certain juvenile convictions, and any person who is found by a court to be a danger to themselves or others because of a mental illness. Recognizing the complex balance and diversity in each state mandate, Congress should not be so quick to pull the trigger and jettison this state based system.

The men and women in blue, and the public they serve and protect, should not be put in harm s way.

6 Moreover, the largest national law enforcement organizations oppose enactment of S.446, including the Fraternal Order of Police, the International Association of Chiefs of Police, the Police Foundation and the Major Cities Chiefs Association. The men and women in blue, and the public they serve and protect, should not be put in harm s way. Congress should respect the right of each state to determine its own concealed carry standard without preempting carefully reviewed and vetted policies that have been enacted by our respective state legislatures. In closing, I ask that you oppose S. 446 should it come up for Judiciary Committee or Senate floor consideration. Sincerely, Julian A. Gold, MD Mayor, City of Beverly Hills cc: Jaime Jones, David Turch & Associates

7 Attachment 2

8 the Julian A. Gold MD, Mayor May 24, 2018 Senator Dianne feinstein 331 Hart Senate Office Building Washington, DC Re Support Senate Bill 2095 Assault Weapons Ban of 2017 Dear Senator fernstein As the Mayor of the City of Beverly Hills, I would like to express the City s support for your bill S 2095 the Assault Weapons Ban Your legislation represents a critical step in restoring sensible gun control policy over military style firearms whose primary purpose is to kill and maim people Since January 1, 2018, over seventy-four lives have been lost due to mass shooting. Inmost of these shootings, the assailant s weapon of choice was a high caliber, military-grade assault weapon such as the AR 10 and AR 15 rifles. In banning gun magazines that hold more than 10 rounds of ammunition and prohibiting the sale, manufacture, transfer and importation of more than 200 military-style assault weapons, your legislation strikes the right balance between respecting 2nd Amendment rights and restricting easy access to assault rifles. Our City also supports requiring background checks on the sale, trade or gifting of assault weapons. In the wake of the Las Vegas shooting rampage, we also support outlawing bump stocks and other devices that allow a semi-automatic weapon to fire like a machine gun. We therefore are pleased to support the Assault Weapons Ban. The City of Beverly Hills applauds your leadership in Congress and respectfully urges your congressional colleagues to join you in enacting S

9 Sincerely, Julian A. Gold, MD Mayor, City of Beverly Hills cc Jaime Jones David Turch & Associates

In Support of Proposed Federal Assault Weapons Ban Legislation: S.2095, H.R.5077, H.R.5087, and S.1945

In Support of Proposed Federal Assault Weapons Ban Legislation: S.2095, H.R.5077, H.R.5087, and S.1945 Page 1 of 6 Susan Wengraf Councilmember District 6 CONSENT CALENDAR May 15, 2018 To: From: Subject: Honorable Mayor and Members of the City Council Councilmembers Wengraf, Hahn, Davila, and Harrison In