EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 18, 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
Introduce 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 January 24, 2023, Moms Demand Action for Gun Sense in America (Moms Demand Action) approached the City to adopt a safe gun storage ordinance. On March 21, 2023, the City Council introduced an ordinance modeled after several ordinances adopted in many Bay Area cities. On April 4, 2023, final adoption for that ordinance was tabled with direction to staff to return with an amended ordinance. After considering community input and conducting additional research, staff is returning to Council with a new ordinance for introduction.
Analysis
The Community of East Palo Alto
Self-determination has been a foundational principle of East Palo Alto since its inception and was one of the driving forces behind the City’s incorporation in 1983. This principle rings true from the City’s efforts to provide for its residents in terms of the provision of public services, amenities, community and economic development initiatives, and housing opportunities, and it applies with equal or greater force to local regulation. Making local legislative decisions, including in matters related to public safety, in ways that make sense for its unique community is consistent with the City’s core principle of self-determination.
Safeguarding the East Palo Alto community against gun violence is important because, in part, gun violence has disproportionately and overwhelmingly hurt communities of color.1 It has been reported, for example, that young black Americans (ages 15 to 34) experience the highest rates of gun homicides across all demographics. Similarly, 60 percent of gun deaths among the Latinx community are gun homicides. As the Council considers the proposed ordinance, this is an important consideration to weigh along with the risk posed to the surrounding community by unsecured firearms. To be sure, however, these interests must be balanced against an individual’s right to defend themselves in their homes.
Staff believes that the proposed ordinance, in its current form, strikes the right balance regarding considerations of local control, public safety, and the right to be secure in one’s own home.
Firearm Trends by the Numbers
In recent years, firearms injuries have become a major public health concern. According to the United States Centers for Disease Control and Prevention, in 2020, there were 45,222 firearmrelated deaths in the United States - or roughly 124 deaths from firearm-related injury per day.2 More than half of such deaths were suicides and more than 4 out of every 10 were homicides.
More people suffer nonfatal firearm-related injuries than die. More than seven out of every 10 medically treated firearm injuries are from firearm-related assaults. Nearly 2 out of every 10 are from unintentional firearm injuries. There are few intentionally self-inflicted firearm-related injuries seen in hospital emergency departments. That’s because most people who use a firearm in a suicide attempt, die from their injury.
In 2020, firearm-related injuries were among the 5 leading causes of death for people ages 1 - 44 in the United States. In San Mateo County, between 2016 and 2021, there were 101 and 54 firearms-related suicides and homicides over that five-year period, respectively.3 According to Brady United, 115,551 people suffer from firearm-related injures each year, of which almost 8,000 are minors.4 Take suicide as an example. Studies have found that the vast majority of guns used in youth suicides, unintentional shootings among minors, and school shootings perpetrated by minors are acquired from the minor’s home or from the homes of relatives or friends.5 Some important statistics related to suicide include:6 · Suicides make up 52% of all firearm deaths in California. · More than one-third of all suicides in California are by firearm. 1 Gun Violence Disproportionately and Overwhelmingly Hurts Communities of Color - Center for American Progress (Last Accessed: April 5, 2023) (“The lack of investment in communities of color, coupled with weak gun laws, has resulted in devastatingly high rates of gun violence for Black and brown people.”).
See also Impact of Gun Violence on Black Americans | Everytown | Everytown (Last Accessed: April 4, 2023) (“Black Americans are disproportionately impacted by gun violence.”). 2 Fast Facts: Firearm Violence Prevention |Violence Prevention | Injury Center |CDC (Last Accessed:
April 4, 2023).
3 Annual Report | County of San Mateo, CA (smcgov.org) (Last Accessed: April 5, 2023). 4 Key Statistics (bradyunited.org) (Last Accessed: April 5, 2023). 5 Unload, Lock, and Separate: Secure Gun Storage Practices to Reduce Violence | Everytown Research & Policy (Last Accessed: April 4, 2023).
6 California - Prevent Firearm Suicide (efsgv.org) (Last Accessed: April 5, 2023). · In 2019, there were 1,586 firearm suicide deaths in California, including 54 children and teens (0-19).
Studies have found that safe storage of a firearm and keeping the firearm unloaded both decrease the risk for suicide.7 Similarly, the Johns Hopkins Bloomberg School of Public Health reports that “[r]esearch has demonstrated decreased risk for suicide among adolescents when guns are stored safely, and states with child access prevention laws that require guns to be stored in a safe manner have lower rates of adolescent suicide.”8 Firearm theft remains an important consideration in public safety. Hundreds of thousands of firearms are stolen each year, and firearm theft is a significant contributor of the illegal gun market.9 The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) estimates approximately 10% to 15% of stolen guns are used in subsequent crimes.10 Gun owners who safely store their firearms experience firearm thefts at a lower rate than those who do not.11 Not surprisingly, “storing guns unsafely” is a risk factor in the theft of such firearms.12 Safe firearm storage has emerged as a common sense and effective solution for the risks noted above. The New York Times reports, for example, that researchers from the Journal of the American Medical Association (Pediatrics) have found that even modest numbers of safely stored firearms can make meaningful reductions in firearm-related fatalities.13 Safe storage also has been touted by public health and public safety experts, including the American Academy of Pediatrics14 and the International Association of Chiefs of Police.15 Public Opinion of Safe Storage Requirements
Although disagreement among gun rights and gun control advocates is well documented, there is some common ground. Per the Rand Corporation, “public health and gun rights advocates agree that gun owners should store their firearms in a manner that prevents unauthorized 7 Grossman DC, Mueller BA, Riedy C, et al., Journal of the American Medical Association, Gun storage practices and risk of youth suicide and unintentional firearm injuries. 2005; 293(6):707-714. 8 Safe Gun Storage - Research - Johns Hopkins Center for Gun Violence Prevention and Policy - Centers and Institutes - Research - Johns Hopkins Bloomberg School of Public Health (jhsph.edu) (Last Accessed: April 5, 2023).
9 Whose guns are stolen? The epidemiology of Gun theft victims | Injury Epidemiology | Full Text (biomedcentral.com) (Last Accessed: April 5, 2023). See also Firearms Stolen during Household Burglaries (ojp.gov) (noting that “about 1.4 million guns, or an annual average of 232,400, were stolen during burglaries and other property crimes in the six-year period from 2005 through 2010.”); StolenGuns-FACT-SHEET-030619B.pdf (everytownresearch.org) (Last Accessed: April 5, 2023) (“Hundreds of thousands of guns are stolen each year, the vast majority of which are stolen from private gun owners.”). 10 Views of gun safety in the U.S. | Pew Research Center (Last Accessed: April 5, 2023). 11 David Hemenway, Deborah Azrael, and Matthew Miller, Injury Epidemiology, Whose Guns are Stolen? The Epidemiology of Gun Theft Victims: https://injepijournal.springeropen.com/articles/10.1186/s40621- 017-0109-8. (Last Accessed: April 5, 2023).
12 Whose guns are stolen? The epidemiology of Gun theft victims | Injury Epidemiology | Full Text (biomedcentral.com) (Last Accessed: April 6, 2023).
13 The Potentially Lifesaving Difference in How a Gun Is Stored - The New York Times (nytimes.com) (Last Accessed: April 5, 2023) (noting “even a modest increase in owners who lock up their guns would pay off in an outsize drop in gun deaths.”).
14 Firearm-Related Injuries and Deaths in Children and Youth | Pediatrics | American Academy of Pediatrics (aap.org) (Last Accessed: April 6, 2023).
15 ACF1875.pdf (theiacp.org) (Last Accessed: April 6, 2023) (“State, local and tribal governments should mandate safe storage of guns…”).
individuals from accessing them.”16 Similarly, most firearm-owners (66%) and nonowners (90%) alike agree with the practice of “[k]eep[ing] all of their guns in a locked place.”17 Safe Storage Ordinance
The proposed ordinance is intended to serve several critical goals: (1) protect the safety of members of the public, in particular, children and youth; (2) reduce the potential for firearmrelated fatalities and injuries, whether accidental or intentional; (3) reduce the likelihood of minors accessing firearms and causing harm to themselves or others; (4) reduce suicides, the majority of which occur by use of firearms; (5) reduce firearm related domestic violence injuries and deaths; and (6) prevent theft of firearms in order to protect gun owners and the public as a whole from the subsequent illicit sale of stolen firearms, including their subsequent use in crimes.
As noted by Everytown for Gun Safety in America (“Everytown”), reasonable and safe firearm storage is consistent with the exercise of a firearm owner’s exercise of her right to self-defense in the home:
“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 time-consuming 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”
18 (Footnotes omitted).
These affordable and effective options, include portable lockboxes with simplex or biometric locks, which store loaded firearms such that they are always within easy reach on counters, tables, or nightstands. Such safely stored firearms may be more quickly and easily retrieved for use in self-defense, which according to research may be a rare occurrence.19 If adopted, the proposed ordinance would require firearm owners to maintain the firearms in their residence either in a locked container or disabled with a trigger lock. It does not require that the firearm be either disassembled or unloaded. This requirement helps reduce the risk of firearms-related suicides and accidental shootings. In addition, such a measure would reduce the risk of theft of such firearms during home invasions.
The proposed ordinance would still allow for firearms to be used for protection within the home, 16 Personal Firearm Storage in the United States | RAND (Last Accessed: April 5, 2023). 17 Views of gun safety in the U.S. | Pew Research Center (Last Accessed: April 6, 2023). 18 Unload, Lock, and Separate: Secure Gun Storage Practices to Reduce Violence | Everytown Research & Policy (Last Accessed: April 5, 2023).
19 The Potentially Lifesaving Difference in How a Gun Is Stored - The New York Times (nytimes.com) (Last Accessed: April 6, 2023).
in accordance with U.S. Supreme Court decisions interpreting the Second Amendment, by waiving the locked or disabled requirements when firearms are otherwise lawfully carried on the person in compliance with applicable law, including lawful concealed carry, when used in self-defense within the home (Penal Code Section 198.5), etc. Additionally, to further ensure consistency with a firearms owner’s right to self-defense in the home, the proposed ordinance clearly states that it would not apply where the firearm is within the owner’s immediate possession and control.
And, to encourage the reporting of lost or stolen firearms and assist law enforcement with finding missing firearms, the proposed ordinance provides that owners who report lost or stolen firearms within 24 hours would not face enforcement. While California Penal Code § 25250 already requires gun owners to report lost or stolen firearms within five days, staff recommends encouraging quicker reporting of lost or stolen firearms as time is of the essence when tracking missing firearms. The recommendation to encourage reporting lost or stolen firearms is balanced with deterrence efforts by still allowing discretion for administrative citations for safe storage violations.
Finally, the proposed penalties for violations of the safe storage provision are modest in that it only allows for an administrative fine, but not criminal prosecution, which would reduce the burden of compliance, the impact on the owner’s constitutional rights, and the risk of overincarceration.
Cost Barriers to Safe Storage
Interim Chief of Police Liu has expressed support for the proposed ordinance. Staff has also confirmed that the City still has several firearm safety devices that can be provided to any firearm owner in the City free of charge. Interim Chief Liu further stated that the City can research additional grant funding to further reduce any financial barrier (if any) that compliance with the proposed ordinance would entail.
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. Proposed Ordinance