Power Point Attorney - Firearms Regulations
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FIREARMS REGULATIONS
Town of Los Gatos
Town Council Meeting
June 17, 2013
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COUNCIL DIRECTION
February 11, 2013: Council adopted recommendation to research, study, and return with information necessary to consider potential Town ordinances and policy changes to:
Designate land use zones
Require a Conditional Use Permit
Restrict home occupation permits
Establish a Police Permit
Require identification checks for the sale of ammunition; and/or
Require the reporting of lost or stolen firearms.
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California Rules of Professional Conduct, Rule 3-600 establishes that the public entity as an organization is the client
MORATORIUM
March 4, 2013 Council adopted temporary moratorium
April 15, 2013 Council extended the moratorium
Does not allow new commercial operations until Town has considered land use issues
Allows time to study land use issues related to firearms and ammunition sales
Moratorium in effect until February 20, 2014
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Evidence Code 952
Council Ad Hoc Subcommittee
March 4, 2013 Mayor establishes Council ad hoc subcommittee to work on firearms issues with staff
Subcommittee provided direction to staff on regulations
Subcommittee recommends proposed ordinance for approval
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State law requires open and transparent government – that the people’s business should be done in public
And the PRA also supports open/transparent government by allowing members of the public to make requests for documents kept and maintained in the ordinary course of business
PROPOSED ORDINANCE
Requires all firearms sellers to obtain a permit from the Town
Establishes minimum requirements and standards to obtain a permit
Provides a public hearing process for all permits
Establishes grounds for suspension or revocation
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REVISIONS TO DRAFT ORDINANCE
Revisions requested by Council ad hoc subcommittee
Insurance requirements
[Sections 14.130.025(13) and 14.130.045(j)]
Clarification of destructive devices
[Sections 14.130.015 and14.130035(j)]
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Documents kept in ordinary course of business
Drafts and other communication which may be transitory
Emails subject to disclosure if kept in the ordinary course of business
Council emails to non-Town email addresses – Smith v City of San Jose and Tracy First (2009)
LAND USE REGULATIONS
Council direction to research, study and return for Council’s consideration of the following:
Land use zone(s) for sale of firearms
Consider proximity to schools, parks and selected establishments
Home occupation permits for sale of firearms
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OTHER REGULATIONS
Staff to research, study and return for Council consideration on the following issues:
Identification checks for sale of ammunition
Require reporting of lost or stolen firearms
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PENDING STATE LEGISLATION
SB 47, which prohibits so-called bullet buttons and other devices that gun manufacturers use to circumvent the state's assault weapons ban and allow swift reloading. A similar bill,
AB48, passed in the Assembly.
SB 567, which changes the definition of a type of shotgun that is already banned in the state to include a shotgun-rifle combination.
SB 53, which requires ammunition buyers to get a permit, have a background check and pay a fee.
SB 396, which bans ammunition magazines over 10 rounds, including those that people already own.
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PENDING LEGISLATION
SB 755, which expands the list of those prohibited from owning weapons to include people convicted of additional drug and alcohol offenses.
SB 683, which expands the requirement for a firearms safety certificate from handguns to rifle purchases.
SB 374, which prohibits the sale, purchase, manufacture, importation or transfer of semi-automatic rifles that can accept detachable magazines.
SB 293 which would require all newly made or imported handguns in California to be “smart guns," digitally personalized so only their owners can fire them.
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RECOMMENDATION
INTRODUCE ORDINANCE RECOMMENDED BY COUNCIL AD HOC SUBCOMMITTEE
ALTERNATIVES:
INTRODUCE ORDINANCE WITH MODIFICATIONS
CONTINUE THE MATTER WITH DIRECTION TO STAFF
NOT ADOPT OR TAKE NO ACTION
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