Attachment 1. Redline Proposed Ordinance Showing Changes1 of 10
Ordinance June 20, 2023
ATTACHMENT 1
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING
CHAPTER 18, ARTICLE VII, “WEAPONS,” OF THE TOWN CODE TO UPDATE THE
TOWN’S CONCEALED CARRY FIREARM LICENSING ORDINANCE AND PROHIBIT THE
CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, the Town of Los Gatos regulates weapons in Chapter 18, Article VII, of the
Town Code;
WHEREAS, state Penal Code Section 26155 authorizes Chiefs of Police to issue concealed
carry firearm licenses;
WHEREAS, Town Code Section 18.70.025 addresses the issuance of concealed carry
firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen,
142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm
license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of
concealed weapons in “sensitive places;” and
WHEREAS, the Town wishes to update Chapter 18, Article VII, of the Town Code to update
its concealed carry firearm license procedures to remove the “good cause” requirement, use the
same terminology as the state Penal Code, and add a prohibition on firearms, including concealed
carry firearms, in “sensitive places;”
NOW, THEREFORE, BIT IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Legislative Findings:
A. The Town of Los Gatos has a compelling interest in protecting the health and safety of
the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and
unacceptable proportions at the national, state, and local level, as described in a report
by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa
Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm death rate in
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Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past
decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California
experienced 369 mass shootings (defined as an incident that kills or injures four or more
people) between 2014 and January 2023. In Santa Clara County, mass shooting
tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including
the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17
wounded); Oct. 5, 2011, at the Lehigh Cement Plant in Cupertino (3 dead, 7 wounded);
and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon
to demonstrate “good cause” for the issuance of the license. The United States
Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct.
2111, that such “good cause” requirements are unconstitutional under the Second and
Fourteenth Amendments. This development in the law will likely result an increase in
concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain
“sensitive places,” including “schools and government buildings,” and “legislative
assemblies, polling places, and courthouses,” may be consistent with the Second
Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111; D.C. v.
Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to prohibit the carry of firearms in
sensitive places, including by those who are licensed to carry a concealed weapon,
consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen.
SECTION II. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of
the Town Code is amended to add section 18.70.005, “Definitions,” to read as follows with
underlining (underlining) indicating new text:
Sec. 18.70.005. Definitions.
For the purpose of this Chapter, the following words and phrases have the meaning
ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or
any successor legislation.
“Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or
any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a
weapon, from which is expelled though a barrel a projectile by the force of an explosion of
other form of combustion.
(b) Includes:
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1. A firearm, as defined in California Penal Code section 16520 or any successor
legislation.
2. A BB device, as defined in California Penal Code section 16250 or any successor
legislation.
3. An imitation firearm, as defined in California Penal Code section16700(a) or any
successor legislation.
“Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable
of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the
California Penal Code.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:
1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or
both; or
2. Gives, loans, leases, or delivers a firearm, or ammunition, or both.
(b) Includes the act of placing a order for any of the aforementioned transfers.
"School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions
that provide preschool, post-secondary, technical, or trade or vocational education, and
includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities,
research facilities, parking lots, and shared rooms and common areas of dormitories thereof.
“School” does not include a private residence at which education is provided for children who
are all related to one another by blood, marriage, or adoption.
“Sensitive Place” means any of the following places:
(a) Town Property;
(b) Any polling place where voting is occurring;
(c) Any School;
(d) A bus, train, paratransit, or other form of transportation paid for in whole or in part with
public funds where the public agency that operates the transit system has duly authorized
the Town to enforce this prohibition; and
(e) A church, synagogue, mosque or other place of worship, including in any parking area
immediately adjacent threats. Unless the operation of the place of worship clearly and
conspicuously posts a sign at the entrance of the building or on the premises indication that
license holders are permitted to carry firearms on the property.
“Town Property” means 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 Town Library.
“Unloaded”:
(a) Means:
1. No ammunition is in the firearm’s chamber or cylinder; and
2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the
firearm and that contains ammunition is on the person who is carrying the firearm.
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(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge
and ball, shot, or projectile in the barrel or cylinder.
SECTION III. Section 18.70.025, “Permit to carry, shoot and discharge” of Article VII,
“Weapons,” of Chapter 18, of the Town Code is amended to read as follows with underlining
(underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
Sec. 18.70.025. Permit to carry, shoot and discharge License to carry pistol, revolver, or other
firearm capable of being concealed upon the person.
(a) The Chief of Police may issue a written permit to carry, shoot and discharge a weapon
within the Town upon proof that the applicant for such permit is a person of good moral
character and that good cause exists for the issuance of such permit as provided in this
section. In accordance with Penal Code Section 26155 and the concealed carry firearm
license procedures implemented by the Chief of Police, a person may apply for a license to
carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) The Chief of Police may issue a concealed carry firearm license to that person upon proof
of all of the following:
(b)
1. The applicant is of good moral character.
2. The applicant is a resident of the Town of Los Gatos.
3. The applicant has completed a course of training as described in Penal Code Section
26165.
4. The application complies with state law, the Town Code, and the Town’s concealed
carry firearm license procedure adopted by the Chief of Police. For the purposes of
this section, “weapon” is defined as any shotgun, rifle, pistol or air rifle.
(b)(c) Application for such permit shall be in writing upon forms furnished by the Town, signed
by the applicant and filed in the office of the Chief of Police, which application shall state
the name, occupation, residence and business address of the applicant; birth date, height,
weight, color of eyes and hair; and the reason for desiring such permit. No permit shall
issue to any minor unless a parent or guardian of such minor also signs the application
therefor License applications shall be submitted electronically using the Town’s on-line
form concealed carry license application portal.
(c)(d) The Chief of Police or designee shall review the completed application and
corresponding documents to determine whether it satisfies the requirements set forth in
state law, the Town Code, and the Town’s concealed carry firearm license procedure.
Any such permit issued shall set forth the foregoing data and shall in addition contain a
description of the weapon subject to such permit, giving the name of the manufacturer,
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the serial number and caliber and gauge, and shall set forth the date issued and expiration
date, which shall in no event be more than twelve (12) months from the date issued.
(d)(e) Any such license issued shall contain a description of the firearm subject to such license,
giving the name of the manufacturer, the serial number and caliber and gauge, and shall
set forth the date issued and expiration date, which shall in no event be more exceed then
two years from the date issued of issuance. Before issuing any such permit, the Chief of
Police shall examine the applicant; shall determine whether or not the applicant is of
suitable age and discretion and has had sufficient training in the care and use of the
weapon; and that in the opinion of the Chief of Police the applicant can handle, shoot and
discharge the weapon in a manner not to endanger the applicant or any person or
property.
(e)(f) In accordance with Penal Code Section 26200, the license may contain restrictions
limiting the use of the concealed carry firearm. The permit, if issued, may contain
restrictions limiting the use of such weapon to certain hours of the day and to particular
areas or locations within the Town. The permit may limit the use of the weapon to
approved shooting ranges, when in the opinion of the Chief of Police the shooting range is
safe and the shooting or discharging of the weapon will not disturb the peace and quiet of
the neighborhood.
(f)(g) If the Chief of Police issues a permit license to the applicant, a duplicate original copy
thereof shall be filed and remain in the office of the Chief of Police.
(g)(h) The Chief of Police may in the Chief of Police's discretion refuse to issue any such permit
deny any application that does not comply with state law, Town Code, or the Town’s
concealed carry firearm license procedure or revoke any license if the license holder does
not comply with state or local law, the Town’s concealed carry firearm license procedure,
or a license condition. permit previously issued In such, in which event, the Chief of Police
shall notify such applicant or permittee of the decision in person or by mail at the address
shown on the application on file in the office of the Chief of Police. Notice shall be deemed
to have been given on the day the notice is mailed or personal notice given.
(i) Any applicant or permittee or parent or guardian of any minor applicant or minor
permittee aggrieved by any such decision of the Chief of Police may file an original and
four (4) copies of the written notice of appeal from such decision with the Town Clerk in
the office of the Town Clerk within ten (10) days from the date of such decision. The notice
of appeal shall contain the name and mailing address of the appellant and shall contain a
statement of facts upon which the appellant contends the Chief of Police abused the
Chief's discretion. The Town Clerk shall place the matter of the appeal on the agenda for
the next regular meeting of the Town Council and shall cause endorsed filed copies of the
notice of appeal to be delivered to the appellant, the Chief of Police, Town Manager and
Town Attorney. The Town Council shall at its next meeting set a time and place for hearing
such appeal and cause notice thereof to be given to the appellant, Chief of Police, Town
Manager and Town Attorney. Upon hearing the appeal, the Town Council shall consider
the record and such additional evidence as may be offered and may affirm, modify or
reverse the action taken by the Chief of Police. In the event no notice of appeal is filed in
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the office of the Town Clerk within ten (10) days after receiving actual or mailed notice of
the decision of the Chief of Police, the decision of the Chief of Police shall be final and
conclusive.
Cross reference(s)—Licenses and miscellaneous business regulations, Ch. 14.
SECTION IV. Section 18.70.030, “Sale to, possession, use by minors,” of Article VII, “Weapons,”
of Chapter 18, of the Town Code is amended as follows with strikeouts (strikeouts) indicating
deleted text:
Sec. 18.70.030. Sale to, possession, use by minors.
No person shall sell to any minor in the Town under the age of sixteen (16) years, and no
person shall sell or give to any minor in the Town under the age of eighteen (18) years, without
written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B
gun, or other similar instrument from or by means of which any bullet, shot or other missile of
any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air
rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other
missile of any kind may be projected. The provisions of this section shall not apply to the
possession of such firearms or other instruments by such minors in carrying or transporting
such firearms or other such instrument, unloaded or broken down into, through or out of the
Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions
authorized to give military instruction, while such firearms or other instrument are being used
as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such
instruments by any such minor as an employee of a merchant, when such possession is in the
usual course of the minor's employment. The provisions of this section shall not apply to cap
pistols, dart guns or other similar toys.
SECTION V. Section 18.70.035, “Sling shots; possession prohibited,” of Article VII, “Weapons,”
of Chapter 18, of the Town Code is amended as follows with strikeouts (strikeouts) indicating
deleted text:
Sec. 18.70.035. Sling shots; possession prohibited.
No person shall make use of or wear or carry or have in possession any sling shot, rubber
sling or other instrument or contrivance by means of which shots or other missiles of any kind
or description are or made to be hurled or projected.
(Code 1968, § 17-35)
SECTION VI. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of
the Town Code is amended to add section 18.70.040, “Prohibited acts – Ban on possession and
sale of firearms,” to read as follows with underlining (underlining) indicating new text:
Sec. 18.70.040. Prohibited acts – Ban on possession and sale of firearms.
No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a sensitive place:
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1. A firearm, loaded or unloaded.
2. Ammunition for a firearm.
(b) Sell on Town property:
1. A firearm, loaded or unloaded.
2. Ammunition for a firearm.
SECTION VII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of
the Town Code is amended to add section section 18.70.050, “Exceptions – Ban on possession,”
to read as follows with underlining (underlining) indicating new text:
Sec. 18.70.050. Exceptions – Ban on possession.
Section 18.70.040 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a
concealed firearm or a loaded firearm under state law or under 18 U.S.C. Section 926B or
926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to
carry a concealed or loaded firearm under State law;
(c) A security guard or messenger of a financial institution, a guard of a contract carrier
operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm
company operator, or security guard, when such persons are authorized by applicable state
or federal law to carry a firearm and when such persons are engaged in the exercise of their
official duties;
(d) An active member of the military forces of the State or of the United States when engaged
in the performance of lawful duties and orders;
(e) Any person bringing an unloaded firearm onto Town property in order to exchange or
transfer or relinquish it to the Police Department, in compliance with any Police
Department operated or sponsored program to purchase, exchange, or otherwise obtain
voluntary relinquishment of firearms;.
(f) A person delivering unloaded firearms as authorized by state or federal law, to or from law
enforcement;
(g) A person lawfully possessing an unloaded firearm in the locked trunk or inside a locked
container in a motor vehicle;
(h) A person who is lawfully at and using a firearms target range in accordance with its rules
and applicable law.
(i) A patrol special police officer, animal control officer, or zookeeper when authorized by
applicable California or federal law to carry a loaded firearm and when engaged in exercise
of official duties on city properties.
(j) An officer authorized to transport prisoners under applicable California or federal law.
(k) An authorized participant in a motion picture, television, film or video production, or
musical theatrical production when the participant lawfully uses an unloaded firearm as a
part of that production.
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(l) A hunter with a valid hunting license when going to or returning from a legal hunting
expedition; provided, however, that when transiting through any area where firearms are
prohibited; any firearm is safely stored in a locked container or otherwise secured using a
firearm safety device as defined by California Penal Code Section 16540 or any successor
legislation;
(m) A licensee in their residence or place of business in accordance with Section 12026 of
the California Penal Code and any successor legislation.
SECTION VIII. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,”
of the Town Code is amended to add section 18.70.060, “Exceptions – Ban on sale,” to read as
follows with underlining (underlining) indicating new text:
Sec. 18.70.060. Exceptions – Ban on sale.
Section 18.70.040 does not apply to the purchase of sale of a firearm, or ammunition, or
both, by a federal, state, or local law enforcement agency or by any other federal, state, or local
government entity.
SECTION IX. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of
the Town Code is amended to add section 18.70.070, “Sale to, possession, use by minors,” to
read as follows with underlining (underlining) indicating new text:
Sec. 18.70.070. Sale to, possession, use by minors.
No person shall sell to any minor in the Town under the age of sixteen (16) years, and no
person shall sell or give to any minor in the Town under the age of eighteen (18) years, without
written consent of the minor's parent or guardian, any rifle, gun, pistol, revolver, air rifle, B-B
gun, or other similar instrument from or by means of which any bullet, shot or other missile of
any kind may be projected. No such minor shall use or possess any rifle, gun, pistol, revolver, air
rifle, B-B gun or other similar instrument from or by means of which any bullet, shot or other
missile of any kind may be projected. The provisions of this section shall not apply to the
possession of such firearms or other instruments by such minors in carrying or transporting
such firearms or other such instrument, unloaded or broken down into, through or out of the
Town or in bona fide shooting galleries, gun clubs or organizations or educational institutions
authorized to give military instruction, while such firearms or other instrument are being used
as a part of such instruction, nor to the possession of unloaded firearms, air rifles or other such
instruments by any such minor as an employee of a merchant, when such possession is in the
usual course of the minor's employment. The provisions of this section shall not apply to cap
pistols, dart guns or other similar toys.
SECTION X. Article VII, “Weapons,” of Chapter 18, “Offences and Miscellaneous Provisions,” of
the Town Code is amended to add section 18.70.035, “Sling shots; possession prohibited,” to
read as follows with underlining (underlining) indicating new text:
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Sec. 18.70.080. Sling shots; possession prohibited.
No person shall make use of or wear or carry or have in possession any sling shot, rubber
sling or other instrument or contrivance by means of which shots or other missiles of any kind
or description are or made to be hurled or projected.
SECTION XI. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the
validity of the remaining portions of this Section. The Town hereby declares that it would have
adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise
invalid.
SECTION XII. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty
that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION XIII. Publication.
The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary
thereof to be published or posted in accordance with Section 36933 of the Government Code of
the State of California.
SECTION XIV. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the _________,2023, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the
_________, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
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SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________