Adoption of an Urgency
Ordinance Imposing a
Moratorium on New
Firearms Retailers in the
City of Burbank and
Consideration of
Regulatory Frameworks
07.26.2022
City Attorney’s Office
Burbank Police Department
Community Development
Federal
&
State
Law
21 or older
CA Resident
Not Prohibited
Purchaser
FFL, COE, City License
No Assault Weapons
Licensed Retailer
Waiting Period
(Background Check)
SALE OF
FIREARMS
Firearm Safety Certificate
Safe handling demonstration
DROS
Gun Safety Device
City Dealers Per Capita
Burbank 14 1 per 7,386 people
Pasadena 3 1 per 19,935 people
Los Angeles 36 1 per 47,339 people
Glendale 3 1 per 10,277 people
FIREARMS
RETAILERS
DATA: Calls for Service (CFS) 2017 -2021
DATA: Incident Reports 2017 -2021
Top 5 Proximity Crimes
1. Narcotics Violations
2. Theft
3. Vandalism
4. Fraud
5. Assault
DATA: Proximity Crime 2017 -2021
Top 5 Categories
1. Narcotics Violation
2. Retail-related theft
3. Fraud
4. Assault
5. Vandalism
Ghost Guns: non -serialized, untraceable firearms
Per Capita Gun Crime (2021)
Crime Guns : 2 traced to retailers
Ghost Guns: 20 in 2021
13 YTD
DATA: Gun Crime
City Dealers Per Capita
Burbank 14 6 per 10,000 people
Glendale 10 8 per 10,000 people
Pasadena 3 7 per 10,000 people
COMMUNITY CONCERNS
• Heightened community concerns regarding firearms have prompted governments at all levels to consider options to mitigate gun violence.
• Federal: Bipartisan Safer Communities Act 2022
• State: AB 2571
AB 1621
AB 2551
AB 1594
SB 1327
SB 906
• Local: Immediate, short-term, and long-term options.
LOCAL GOVERNMENT ACTIONS
• California Constitution allows for local jurisdictions to implement zoning and business regulations, including the sale of firearms and ammunition.
• Neighboring Cities – Glendale, Pasadena, Los Angeles - have established zoning designations and locations where firearm retail uses are allowed.
• Burbank’s current zoning regulations allow firearm stores as a by- right use in all commercial zones that allow general retail uses.
• Absent zoning regulations, the City could see a proliferation of these types of uses within our commercial corridors
• Reputation as a “one-stop-shop” for firearm retail uses • Hardening of sites due to security requirements
ZONING CONCERNS
• Urgency Ordinance imposing a moratorium on the
establishment of new retail uses selling firearms or
ammunition to allow Staff time to study the issue
• Analyze long-term zoning regulations, including:
1. Limiting or capping the issuance of new licenses for firearm retailers
2. Amending Business License requirements
3. Zone Text Amendments to enact buffer zones near
sensitive uses
• Exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3)
IMMEDIATE OPTION
• Short-Term:
o Educational Campaign – Gun Safety
o Community Awareness - Red Flag Laws
• Long-Term:
o Ghost Gun Ordinance
o Gun Buyback Program
o Local Inspections/Audits
SHORT-TERM AND LONG -TERM OPTIONS
• Available data does not indicate that firearms dealers/retailers create an inordinate demand for public safety services, however, their congregation over time and approximate location near sensitive uses along commercial corridors raises concerns. • The urgency ordinance to impose a temporary moratorium on new firearms retail uses would allow Staff time to research this issue further and present a comprehensive zoning proposal. • City Council can consider the short-term and long-term options and direct staff to return with further information as necessary.
CONCLUSION
• Adopt an uncodified urgency ordinance of the Council of the City of Burbank imposing a moratorium on the establishment of new retail uses selling firearms or ammunition.
(Requires 4/5th vote for adoption) .
• Consider possible regulatory frameworks for firearms
retailers in the City of Burbank, as well as short-term and long-term actions, and provide direction to Staff as
necessary.
RECOMMENDATION