Staff Report. Sensitive Places
Reviewed by: Town Manager and Chief of Police
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023 ITEM NO: 21
DATE: June 15, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the
Town of Los Gatos Amending Chapter 18, Article VII, “Weapons,” of the Town
Code Update the Town’s Concealed Carry Firearm Licensing Ordinance and
Prohibit the Carry of Firearms in Sensitive Places”
RECOMMENDATION:
Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos
Amending Town Code Chapter 18, Article VII, “Weapons,” of the Town Code Update the Town’s
to Update the Concealed Carry Firearm Licensing Ordinance and Provisions and Prohibit
Concealed the Carry of Firearms in Sensitive Places.”
BACKGROUND:
State Penal Code Section 26155 authorizes local Chiefs of Police to issue a license to carry a
pistol, revolver, or other firearm capable of being concealed upon the person. Existing Town
Code Sections 18.70.010 and following implement Penal Code Section 26155. Staff
recommends amending Chapter 18 of the Town’s Municipal Code to update the Town’s
concealed carry firearms licensing ordinance to conform with recent case law holding that a
“good cause” requirement is unconstitutional. Staff also recommends amending Chapter 18 to
prohibit the carrying of concealed firearms in “sensitive places” as authorized by recent case
law.
On June 23, 2022, the U.S. Supreme Court decided the case of New York State Rifle & Pistol
Association v. Bruen, 142 S. Ct. 2111 ("Bruen"). In the Bruen decision, the Court held
unconstitutional the State of New York's law requiring applicants to show "good cause" to
obtain a license to carry a concealed weapon. The Court held that requiring applicants to
demonstrate a "special need" for self-protection distinguishable from that of the general
community violated the applicants' Second and Fourteenth Amendment rights.
PAGE 2 OF 3 SUBJECT: Introduce Sensitive Places Ordinance DATE: June 15, 2023
BACKGROUND (continued):
The Bruen decision also held that certain locations are '"sensitive places' where arms carrying
could be prohibited consistent with the Second Amendment." The Supreme Court expressed in
District of Columbia v. Heller, and reaffirmed in McDonald v. City of Chicago, that "laws
forbidding the carrying of firearms in sensitive places such as schools and government
buildings" are "presumptively lawful." In Bruen, the Court named "legislative assemblies,
polling places, and courthouses" as examples of "sensitive places" where weapons could be
prohibited consistent with the Second Amendment.
In response to the Bruen decision, state legislation was introduced in 2022 that would, among
other things, prohibit the known possession of firearms in an expansive list of sensitive
locations, even with a valid concealed carry license. The 2022 bill, SB 918, included an urgency
clause, which triggered a supermajority requirement. It failed by one vote on the last day of
the 2022 legislative session. The bill, renamed SB 2, has been reintroduced for consideration in
the 2023 legislative session. Based on the prior vote, staff believes it is likely to be enacted and
go into effect on January 1, 2024.
At this time, in the absence of state or local legislation prohibiting firearms in specified sensitive
locations, the carrying of firearms with a valid license is lawful in most public and private places
in California. Police Chiefs and City Attorneys in Santa Clara County have been collaborating to
develop firearms policies in accordance with Supreme Court guidance, and several cities have
already enacted “sensitive places” ordinances. Staff recommends that the Town Council amend
Chapter 18, Article VII, of the Town Code to prohibit concealed carry firearms in specified
“sensitive places,” which are defined as Town property, polling places, schools, public transit,
and places of worship. Town property is in turn defined to mean Town government buildings,
including but not limited to, the Civic Center Complex, the Police Operations Building, the Parks
and Public Works Department offices, and the Library.
DISCUSSION:
The proposed ordinance would update the Town’s ordinance addressing the issuance of
concealed carry licenses and prohibit the carrying of firearms in certain "sensitive places" that
have been explicitly authorized by the Supreme Court. The proposed ordinance:
• Sets forth the general requirements for obtaining a concealed carry firearms license and
references state law and the concealed carry firearms licensing procedures adopted by
the Chief of Police (Section 18.70.025)
• Provides definitions for terms used (Section 18.70.005)
• With limited exceptions, prohibits concealed carry firearms at “sensitive places” (Section
18.70.040 and 18.70.050)
• With limited exceptions, prohibits the sale of firearms on Town property (Section
18.70.040 and 18.70.060)
PAGE 3 OF 3 SUBJECT: Introduce Sensitive Places Ordinance DATE: June 15, 2023
DISCUSSION (continued):
• Moves Sections prohibiting sales, possession, and use by minors and slingshots to the
end of the Article.
CONCLUSION:
In response to the U.S. Supreme Court's recent decision in New York State Rifle & Pistol
Association v. Bruen, staff recommends that Council adopt an ordinance to update the Town’s
concealed carry firearms licensing provisions, ban concealed carry firearms in an initial round of
"sensitive places" where the Supreme Court has deemed such bans presumptively lawful, and
make other minor changes.
If introduced, the proposed ordinance will return for adoption by the Town Council at its August
1st meeting and will take effect 30 days from the date of adoption.
COORDINATION:
This report was coordinated by the Town Attorney’s Office, Town Manager’s Office and the
Police Department.
FISCAL IMPACT:
The Ordinance will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
Introduction of this Ordinance is not a project subject to CEQA, because it can be seen with
certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section
15378.)
Attachments:
1. Redline Proposed Ordinance Showing Changes
2. Proposed Ordinance