ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AMENDING CHAPTER 9.24 (DANGEROUS WEAPONS) OF THE EAST
PALO ALTO MUNICIPAL CODE BY AMENDING ARTICLE I (GENERAL PROVISIONS); AMENDING ARTICLE II (DISCHARGE AND
POSSESSION OF FIREARMS); AND ADDING A NEW ARTICLE V
(FIREARMS STORAGE)
WHEREAS, 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; April 4, 2023, final adoption for that ordinance was tabled with direction to staff to return with an amended ordinance; and WHEREAS, 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; and
WHEREAS, safeguarding the East Palo Alto community against gun violence is important because, in part, gun violence has disproportionately and overwhelmingly hurt communities of color. 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; and
WHEREAS, 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; and
WHEREAS, 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 firearm-related deaths in the United States – or roughly 124 deaths from firearm-related injury per day. More than half of such deaths were suicides and more than 4 out of every 10 were homicides. More people suffer nonfatal firearmrelated 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 is because most people who use a firearm in a suicide attempt, die from their injury; and
WHEREAS, children are at risk of injury or death when firearms are left unsecured:
In May 2022, in Sacramento, California, a gun and loaded magazine were found in the desk of a second-grade student.
In August 2021, in Quincy, California, a four-year-old unintentionally shot and wounded himself at home;
In July 2021, in Chula Vista, California, a 12-year-old unintentionally shot and killed himself at a sleepover at his home;
In July 2021, in San Bernardino, California, a 14-year-old unintentionally shot and wounded his one-year-old half-sister while handling a firearm in the backseat of a car;
In May 2021, in Oxnard, California, a nine-year-old unintentionally shot and wounded himself with an unsecured, loaded handgun in a home; and WHEREAS, 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 fiveyear period, respectively; and WHEREAS, according to Brady United, 115,551 people suffer from firearm-related injures each year, of which almost 8,000 are minors. 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. Some important statistics related to suicide include:
Suicides make up 52% of all firearm deaths in California. More than one-third of all suicides in California are by firearm. In 2019, there were 1,586 firearm suicide deaths in California, including 54 children and teens (0-19).
WHEREAS, studies have found that safe storage of a firearm and keeping the firearm unloaded both decrease the risk for suicide. 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”; and
WHEREAS, 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 to the illegal gun market. The United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) estimates approximately 10% to 15% of stolen guns are used in subsequent crimes. Gun owners who safely store their firearms experience firearm thefts at a lower rate than those who do not, and unsurprisingly, “storing guns unsafely” is a risk factor in the theft of such firearms; and WHEREAS, safe firearm storage has emerged as a common sense and effective solution. 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 firearm-related fatalities. Safe storage also been touted by public health and public safety experts, including the American Academy of Pediatrics and the International Association of Chiefs of Police; and
WHEREAS, although disagreement among gun rights and gun control advocates is well documented, there is some evidence of 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 individuals from accessing them.” Similarly, most firearm-owners (66%) and nonowners (90%) alike agree to “[k]eep all of their guns in a locked place”; and
WHEREAS, 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 firearm-related 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; and WHEREAS, as noted by Everytown for Gun Safety in America, 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.”
These affordable and effective options, include portable lockboxes with simplex or biometric locks can 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; and
WHEREAS, 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, it would reduce the risk of theft of such firearms during home invasions; and WHEREAS, the proposed ordinance would still allow for firearms to be used for protection within the home, 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 WHEREAS, 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. Such a provision encourages reporting lost or stolen firearms and is balanced with deterrence efforts by still allowing discretion for administrative citations for safe storage violations; and WHEREAS, the penalties for violations of the proposed ordinance 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council finds that all the foregoing recitals are true and correct and incorporated herein by reference. Based thereon, the City Council hereby finds that the Ordinance is in the public interest.
SECTION 2. ARTICLE I OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article I (GENERAL PROVISIONS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.010 - Definitions.
For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:
“Close proximity and control” means within close reach of a person so that they may gain control of the weapon before a child or unauthorized person could access the weapon. "Dangerous weapon" means and includes, but shall not be limited to the following: Any knife with a blade three inches or more in length, any ice pick, awl, dirk, dagger, stiletto, or similar sharp stabbing tool, any straight-edged razor, razor blade fitted to a handle, razor with an unguarded blade, or any cutting, stabbing or bludgeoning weapon or device intended to be used as a club or capable of inflicting grievous bodily harm. “Firearm” means any device designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion, provided that the term “firearm” shall not include an “antique firearm” as defined in section 921(a)(16) of Title 18 of the United States Code. “Firearm safety device” means a device other than a locked container that locks and is designed to prevent children and unauthorized users from firing a firearm. The device may be installed on a firearm, be incorporated into the design of the firearm, or prevent access to the firearm. The device shall be listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23655(d), as amended from time to time. “Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device as defined by California Penal Code Section 16850, as amended from time to time or is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. "Public place" means and includes, but shall not be limited to, the following: Any public street, way, sidewalk, alley, public park, beach, recreational area, school, public building or place of public resort, any place where an athletic event, dance or other such gathering to which the public or a number thereof are admitted, and any place where alcoholic beverages are sold.
“Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, in-law units, motels, hotels, single room occupancy units, time shares, and recreational and other vehicles where human habitation occurs.
"Switch-blade knives" means and includes, but shall not be limited to, the following: All spring-blade knives, snap-blade knives, or other similar knives of which any blade thereof, regardless of length, is released automatically by a spring mechanism or other mechanical device, or is released by any type of mechanism whatsoever.
SECTION 2. ARTICLE II OF CHAPTER 9.24 AMENDED
The City Council hereby amends Article II (DISCHARGE AND POSSESSION OF FIREARMS) of Chapter 9.24 (DANGEROUS WEAPONS) of the East Palo Alto Municipal Code to read as follows (in redline; otherwise, no change):
9.24.060 -– Definitions[RESERVED.].
"Firearms" means a cannon, gun, pistol, revolver, automatic pistol, rifle, shotgun, BB gun, air gun, pellet gun or any other weapon of similar nature designed to discharge a projectile propelled by the expansion of a gas.
SECTION 3. ADDING A NEW ARTICLE V (FIREARMS STORAGE)
The City Council hereby amends Chapter 9.24 of the East Palo Alto Municipal Code to add a new Article V (Firearms Storage) as set forth below (in redline; otherwise, no change):
9.24.190 – Safe Storage of Firearms in Residences.
a. Except as otherwise provided for herein, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or the firearm is equipped with a firearm safety device.
9.24.200 – Exceptions.
Subsection (a) does not apply when:
a. The firearm is carried on the person of an individual not prohibited from ownership or possession of a firearm in accordance with applicable law. b. The firearm is in close proximity and control of a person not prohibited from ownership or possession of a firearm.
c. The firearm is reported to the East Palo Alto Police Department stolen or lost within 24 hours of the time it was known or reasonably should have been known to have been stolen or lost.
9.24.210 – Penalties for Violations.
Notwithstanding Chapter 1.14 (Administrative Remedies) and subject to Section
9.24.200, violations of this section shall carry the following penalties:
a. Any person violating any provision of this section may be subject to administrative citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for the first offense, a fine of five hundred ($500.00) dollars for a second offense within a one (1) year period and a fine of one thousand ($1,000.00) for a third offense within a one (1) year period.
b. Each violation shall be deemed a distinct and separate offense.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
This Ordinance is not subject to CEQA because it is not a “project” which would have a direct physical change or a reasonably foreseeable indirect physical change on the environment pursuant to California Environmental Quality Act ("CEQA") Guidelines section 15378. Even if it were a project subject to CEQA review, this project would be exempt from CEQA Guideline Section 15378 (regulatory actions), Section 15061(b)(3) (no significant environmental impact), and Section 15183 (actions consistent with the general plan and zoning). The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.
SECTION 5: IMPLIED REPEAL.
Any provision of the East Palo Alto Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 8. PUBLICATION.
The City Clerk is hereby directed to cause publication of this Ordinance as required by Government Code Section 36933.
This Ordinance was introduced at the April 18, 2023 meeting of the City Council of the City of East Palo Alto.
PASSED AND ADOPTED this ____th day of May, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney