EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 4, 2023
TO: Honorable Mayor and Members of the City Council
VIA: John D. Le, City Attorney
BY: John D. Le, City Attorney
SUBJECT: Local Gun Control Ordinance
Recommendation
Waive a second reading and adopt an ordinance amending various Articles of Chapter 9.24 (Dangerous Weapons) and adding a new Article V (Firearms Storage) of the East Palo Alto Municipal Code (EPAMC) requiring gun owners within the City’s jurisdictional limits to provide safe firearm storage.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 1: Enhance Public Safety and Emergency Preparedness Priority No. 6: Create a Healthy and Safe Community
Background
On March 21, 2023, the City Council waived the first reading and introduced a “Safe Storage Ordinance,” after making minor modifications on the dais. This agenda report recommends that the Council waive the second reading and adopt a safe storage ordinance with amendments the Council approved prior to first reading.
Analysis
Prior to first reading, the Council directed staff to amend the ordinance to remove any criminal penalties for noncompliance. With this amendment, the only penalty for noncompliance would be an administrative fine.
Additionally, a member of the public, representing Moms Demand Action, commented that having a safe storage ordinance does not negate the ability of the gun owner to use the firearm for self-defense:1
“Contrary to popular belief, gun storage devices do not prevent owners from readily accessing their guns. There is a common myth that storage devices negate the self-defense purpose of owning a gun by putting timeconsuming barriers between the gun owner and their means of defense.17 The reality is that there are many affordable options for secure gun storage that provide owners with access to guns in a matter of seconds while still preventing access by children and people at increased risk of harming themselves or others.18 Further, it is possible that unsecured guns may actually increase the likelihood of crime and violence through an increased risk of gun theft.19 Each year, an estimated 200,000 to 500,000 guns are stolen,20 and many are funneled into the underground market, where once-legally-owned firearms can be transferred to people with dangerous histories.21”
To clarify a point made in staff’s presentation on March 21, 2023, the Ordinance would not apply to those carrying a firearm in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc.
Fiscal Impact
There are no fiscal impacts associated with the proposed action.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and on a bulletin board located at City Hall: 2415 University Avenue, East Palo Alto.
Environmental
The proposed action is not a “project” under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed action would clarify procedural aspects related to the implementation of locally adopted building and other related codes.
As a separate and independent basis, the proposed action is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Attachments
1. Ordinance (Amended)
1 https://www.everytown.org/solutions/responsible-gun-storage/ (Last Accessed: March 29, 2023); https://everytownresearch.org/report/unload-lock-and-separate-secure-storage-practices-to-reduce-gunviolence/?_gl=1*17d81eb*_ga*ote0njywntk3lje2njq4mtq3mtq.*_ga_lt0fwv3ek3*mty3otuwmzc0ms4xnc4xlj e2nzk1mdm3odmumc4wlja (Last Accessed: March 29, 2023).