CITY COUNCIL SEPTEMBER 19, 2016 LEGISLATIVE

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1 CITY COUNCIL SEPTEMBER 19, 2016 LEGISLATIVE SUBJECT: INITIATED BY: PREPARED BY: ORDINANCE AMENDING SECTIONS (MINIMUM CRITERIA FOR ISSUANCE OF A LICENSE) AND (ISSUANCE OF LICENSE SUBJECT TO CONDITIONS) OF CHAPTER 5.60 (GUN DEALERS) TO CONFORM TO STATE LAW (Lauren Meister, Mayor) (John Heilman, Mayor Pro Tempore CITY ATTORNEY'S OFFICE (Michael Jenkins, City Attorney) (Natalie Karpeles, Deputy City Attorney) STATEMENT ON THE SUBJECT The City Council will consider an amendment to Sections (Minimum Criteria for Issuance of a License) and (Issuance of License Subject to Conditions) of Chapter 5.60 (Gun Dealers) of Title 5 (Business Licenses, Regulations and Permits) of the West Hollywood Municipal Code to conform to State Law. RECOMMENDATION (1) That the City Council introduce on first reading: ORDINANCE NO. 16-,AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD AMENDING SECTIONS (MINIMUM CRITERIA FOR ISSUANCE OF A LICENSE) AND (ISSUANCE OF LICENSE SUBJECT TO CONDITIONS) OF CHAPTER 5.60 (GUN DEALERS) OF TITLE 5 (BUSINESS LICENSES, REGULATION AND PERMITS) OF THE WEST HOLLYWOOD MUNICIPAL CODE TO CONFORM TO STATE LAW. (2) That the City Council direct the City Attorney to return with an ordinance amending the West Hollywood Municipal Code to supplement State law by: a. Increasing on-site security measures as a requirement for gun dealers to operate within the City; b. Specifying those conditions of approval required for gun dealers to renew their City licenses; and c. Establishing laws for the safe storage of guns within one's home and vehicle(s). BACKGROUND & ANALYSIS Page 1of7 AGENDA ITEM 6.0.

2 The City of West Hollywood has recognized the need to address the proliferation of gun violence for years. In 1994 the City enacted an ordinance banning the sale/possession of semi-automatic assault rifles and of weapons that can be converted into machinegun-type firearms. In 1995, the City was the first to adopt an ordinance prohibiting the sale of "Saturday Night Specials" in the City. Specifically, in the case of California Rifle and Pistol Association v. City of West Hollywood 1, the City successfully defended the ordinance against a legal challenge mounted by the National Rifle Association (NRA), resulting in a published opinion of the California Court of Appeal and thereby establishing an important precedent favoring cities in the area of state preemption. In 1999, the City enacted a ban on large capacity ammunition magazines. And in 2013, the City Council adopted a resolution in support of the Assault Weapons Ban; the Equal Access to Justice for Victims of Gun Violence Act; the Fix Guns Check Act; the Large Capacity Ammunition Feeding Device Act; the Gunshow Loophole Closing Act; and the Stop Online Ammunition Sales Act. In short, by incrementally adopting ordinances to control gun violence over the years, the City of West Hollywood has been a catalyst for change, in some instances prompting State action. Indeed, between current State law and City ordinance, most areas of permitted regulation in the area of gun control have been addressed. Furthermore, with the increased pressure on the State to act in the face of the Orlando tragedy, additional restrictions have recently been signed by the Governor. These measures would: require background checks from the Department of Justice in order to purchase ammunition and would create a license to sell ammunition 2 ; ban ownership of any ammunition clip/magazine that holds more than 10 rounds 3 ; expand the legal definition of an "assault weapon" to include a group of rifles with ammunition clips that can be quickly swapped out by using a bullet to push a small release button 4 ; and place tighter restrictions on loaning someone a gun by limiting lending to immediate family members of the registered gun owner 5. Stringent local regulation of firearms and ammunition is complicated by varied and everchanging State laws; while some avenues of regulation are now solely within the State's control, there remain gaps in the State's laws. The proposed ordinance would address those sections of the City's Municipal Code that are in conflict with State law and need to be amended. The City Attorney has also provided, for the Council's consideration, proposed additions to the West Hollywood Municipal Code which may strengthen the City's gun control and ammunition laws by supplementing State law. /II 1 (1998) 66 Cal.App.4 1 h SB 1235 (De Leon) Regular Session. 3 SB 1446 (Hancock) Regular Session. 4 SB 880 (Hall & Glazer) Regular Session. 5 AB 1511 (Santiago & Chiu) Regular Session. Page 2 of 7

SUMMARY OF PROPOSED CHANGES a. Amendments to Section 5.60.

3 SUMMARY OF PROPOSED CHANGES a. Amendments to Section of the West Hollywood Municipal Code. The language of section (6) sets the distancing requirement for gun dealerships as 500 feet from any private daycare center, school, public park, or other premises operated by a gun dealer licensee. The City's Zoning Code, however, specifies that firearm sales are not to occur "within 1,000 feet of any other establishment that offers firearms for sale, either within or without the City." In order to maintain consistency within the Municipal Code, section (6) has been amended to reflect the 1,000 foot distancing requirement between gun dealerships and any public or private day care center or school, public park, or other gun dealership. b. Amendments to section of the West Hollywood Municipal Code. At the time of its enactment, the language of Section (7)(a) was in line with the State's 15-day waiting period, the purpose of which was to provide law enforcement authorities with sufficient time to investigate the records of purchasers of firearms prior to their delivery. In 1996, the California legislature reduced the waiting period from 15 days to 10 days due to the fact that the California Department of Justice's Bureau of Firearms switched to an electronic database system, which allowed for faster processing of background checks. Since that time, existing state law has imposed a 1 O day waiting period for the transfer of a firearm: "No firearm shall be delivered: (a) within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later." (See Cal. Penal Code ) "A dealer... shall not deliver a firearm to a person, as follows: (a) within 10 days of the application to purchase, or, after notice by the department pursuant to Section 28220, within 10 days of the submission to the department of any correction to the application, or within 10 days of the submission to the department of any fee required pursuant to Section 28225, whichever is later." (See Cal. Penal Code ) "If the department determines that the information transmitted to it pursuant to Section contains inaccurate or incomplete information preventing identification of the purchaser or the handgun or other firearm to be purchased, of if the fee required pursuant to Section is not transmitted by the dealer in conjunction with transmission of the electronic or telephonic record, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall transmit corrections to the record of Page 3 of 7

4 telephonic transfer to the department, or shall transmit any fee required pursuant to Section 20225, or both, as appropriate, and if notification by the department is received by the dealer at any time prior to the delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Section and " (See Cal. Penal Code 28220(e).) Subsections (b) and (c) of Section (7) go on to prohibit the transfer of a firearm "to any person who is forbidden by city, state or federal law from buying or possessing a firearm," or whenever "the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described in Section or of the Penal Code or Sections 8100 or 8103 of the Welfare and Institutions Code." Similarly, 26815(d) and 27540(d) prohibit a dealer from delivering a firearm to any person: "Whenever the dealer is notified by the Department of Justice that the person is prohibited by state or federal law from possessing, owning, purchasing, or receiving a firearm." Additionally, 28220(f) states: "The department shall immediately notify the dealer to delay the transfer of the firearm to the purchaser is the records of the department, or the records available to the department in the National Instant Criminal Background Check System, indicate one of the following: the purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation and may be a person described in Section 8100 or 8103 of the Welfare and Institutions Code... ; the person has been arrested for, or charged with a crime that would make him or her, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm... " (See Cal. Penal Code 28220(f)(1)(A)(i)-(ii).) Because these topics are covered by State law, the language of Section (7) should be repealed to promote consistency therewith. Lastly, subsection (10) of Section of the West Hollywood Municipal Code references six (6) sections of the California Penal Code: 12071, 12072, 12073, 12076, 12077, and The Deadly Weapons Recodification Act of 2010, which became operative on January 1, 2012, reorganized the statutes governing control of deadly weapons without changing their substance. The following table shows the disposition of the pertinent deadly weapons statutes as they are currently numbered: Old Provision of the Corresponding New Provision(s) of the California California Penal Code Penal Code , 16400, 16550, 16810, 17110, Currently Cal. Penal Code Currently Cal. Penal Code Page 4 of 7

5 , 16300, 30300, 30305, The proposed amendments to Section incorporate these changes. RECOMMENDED ADDITIONS TO THE CITY'S REGULATIONS In addition to the changes outlined above, the City Council may elect to direct the City Attorney to return with an ordinance amending the West Hollywood Municipal Code to supplement State law in the following areas: a. Increasing on-site security measures as a requirement for gun dealers to operate within the City by amending West Hollywood Municipal Code section (Issuance of [Gun Dealer] License - Subject to Conditions). Penal Code section 26890(b) explicitly allows local jurisdictions to impose security requirements on firearm dealers that are stricter or at a higher standard than those imposed by state law. As a result, the City Council may want to impose the following additional on-site security measures as a requirement for licensees to operate within the City: (1) Requiring that the location be a "secure facility" under Penal Code section Under section 17110, a "secure facility" is defined as a building that meets certain specifications, including certain types of locks on all doorways; steel bars on all windows; and steel bars, metal grating, or an alarm system on all heating, ventilating, air-conditioning, and service openings; (2) Requiring that firearms be adequately stored on the premises anytime the licensee is closed for business. Such requirements may include preventing the removal of the firearm from the premises by: i. Locking the firearms in a fireproof safe or vault in the licensee's business premises that meets the standards for a "gun safe" implemented by Penal Code section 23650; and/or ii. Securing the firearms with a hardened steel rod or cable through the trigger guard of the firearm in such a way that the rod or cable is protected or shielded from the use of a bolt-cutter; (3) Requiring that the firearms be unloaded, inaccessible to the public and secured anytime the licensee is open for business. Such requirements may include: i. Securing the firearms within a locked case so that a customer seeking access to the firearm must ask an employee of the licensee for assistance; ii. Securing the firearms behind a counter where only the licensee and Page 5 of 7

iii. the licensee's employees are allowed - during the absence of the licensee or a licensee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends

6 iii. the licensee's employees are allowed - during the absence of the licensee or a licensee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; and/or Securing the firearms with a hardened steel rod or cable through the trigger guard of the firearm in such a way that the rod or cable is protected or shielded from the use of a bolt-cutter; (4) Requiring that all ammunition be stored, secured, and inaccessible to the public anytime the licensee is open for business; (5) Requiring that the licensed premises be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business and Professions Code section 7590, et seq.; (6) Requiring that the licensed premises be monitored by a video surveillance system - the number and location of the cameras are subject to the approval of the Sheriff; and/or (7) Subjecting the licensed premises to any additional security requirements that the Sheriff's Department may see fit to impose. b. Specifying those conditions of approval required for gun dealers to renew their City licenses by amending West Hollywood Municipal Code section (Duration of Gun Dealer License - Renewal). Pursuant to section , licenses issued by the City last for one year and may be renewed for an additional year, subject to the provisions of section (the City's Business License Ordinance). While section (e) indicates that the City may impose "conditions on renewal," the City may wish to spell out such conditions in order to include satisfactory completion of the criteria listed for the original issuance of the license. For instance, in order to be considered for yearly renewal, gun dealers must annually establish: that all employees are at least 21 years of age and have been approved by the DOJ; the licensee is properly licensed as required by all federal and California laws; the licensee and all employees have not had any similar licenses revoked within the last year; and the licensee must provide a copy of a valid federal firearms license, a valid seller's permit issued by the State Board of Equalization, and a valid certificate of eligibility issued by the Department of Justice. c. Establishing laws for the safe storage of guns within one's home and vehicle(s) by enacting a new "Safe Storage" Ordinance. California law requires that a firearm owner keep his or her firearm in a locked container, or secured with a locking device, if he or she lives with a person prohibited under state or federal law from possessing a firearm. 8 Similarly, should a person under 18 obtain access to a firearm that was not properly stored the owner of the firearm could 8 See Cal. Penal Code ; and Cal. Civ. Code Page 6 of 7

7 be charged with a misdemeanor or felony under state law. 9 To this end, California requires that all firearms sold in California be accompanied either by a firearm safety device approved by the DOJ or proof that the purchaser owns a gun safe that meets regulatory standards established by the DOJ. However, state law does not require the use of such safety devices. To address this gap in state law, a few cities have enacted ordinances that would prohibit any person from keeping a handgun in a residence unless the handgun is stored in a locked container or disabled with a trig~er lock 10, and/or keeping a handgun, long gun, or ammunition in an unattended vehicle 1. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Ongoing Strategic Program of: Collaborative Public Safety and the General Plan Goal to G-2: Maintain transparency and integrity in West Hollywood's decision-making process. EVALUATION PROCESSES N/A ENVIRONMENTAL SUSTAINABILITY AND HEAL TH N/A OFFICE OF PRIMARY RESPONSIBILITY Department of Public Works/Code Compliance Division FISCAL IMPACT None at this time. ATTACHMENT A. Ordinance No Ibid. Severity of the crime depends on various factors: whether the gun was loaded or unloaded; whether the child actually used the firearm; and whether the use of the firearm resulted in injury or death. 10 See San Francisco Police Code 4512(a), (c)(2); Sunnyvale Municipal Code ; and Los Angeles Municipal Code See Oakland Municipal Code Page 7 of 7

CITY OF PLEASANT HILL ORDINANCE NO.

CITY OF PLEASANT HILL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING CHAPTER 9.35 OF THE PLEASANT HILL MUNICIPAL CODE RELATING TO FIREARMS THE CITY COUNCIL OF THE