Letters from the Public - 7 of 12 — San Jose City Council, January 25, 2022

1/24/22, 11:27 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources "Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance"
rsrcrewchief <
Sun 1/23/2022 1:02 PM
To: City Clerk <

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Your relentless decisions to undermine peoples ability to defend themselves is getting ridiculous now.

This country was founded with not only the ability to keep and bear arms but it was that simple ability and well led militias that helped the continental army as well as help from the French to defeat an oppression from King George and the British Armies. I fail to see where you think that doing things like this benefits the constituents of this once great country. Any registry ta or any further oppression from any government or law is a direct unconstitutional act against it's people. After all it is we the people not Washington or any single organization that has Forever been hell bent on hurting gun owners rights. May God bless you and direct your facts back to what was written into law by our founding fathers not you.

Sent from my Galaxy

1/24/22, 11:27 AM Mail - Agendadesk - Outlook
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- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

- Murdock v. Pennsylvania, 319 U.S. 105 (1943) the Supreme Court ruled that “since the privilege in question is guaranteed by the Federal Constitution, and exists independently of state [or municipal] authority, the inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.”

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”
- Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors. Infractions do not reach the state threshold requirement to legally confiscate and/or impound property.

- Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes: California state law does not grant peace officers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registration expiration before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)].

***Focus on Real Solutions to Stopping Gun Violence***
Our elected officials need to address the criminals who commit violence in our city and the solution to this problem should not be to punish the innocent law-abiding residents of San José. Please look at taking the following actions to stop gun violence:

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent

This message is from outside the City email system Do not open links or attachments from untrusted sources Oppose Public Safety Gun Harm Reduction Ordinance; Agenda Item #4.1 PATRICK MORRISON <
Sun 1/23/2022 2:25 PM
To: City Clerk <

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There are so many issues with the proposed ordinance (constitutionality, efficacy, enforcement), but I will begin with the obvious: this will have no effect on crime.

Instead, this will have an effect on is gun ownership. This unjust ta ation will disproportionately affect lower income individuals. Gun ownership is not merely for the rich. RIGHTS are not merely for the rich.

To add insult to injury, these ta es will be used to place further roadblocks on the pathway to gun ownership. In essence, this is ta ation without representation.

I would like to ask those that feel this ordinance is in line with other "common sense" gun control measures: Would it be unconstitutional to ta News Outlets to help mitigate the cost of libel litigation? You know the answer. Yes, it absolutely IS unconstitutional. This is no different.

You took an oath to uphold the constitution. These are the rights of the people upon which no law shall be enacted to hinder, and shall not be infringed upon. We e pect you to uphold your oath.

If you support this ordinance, look in the mirror and realize that you are the very tyranny from which we were liberated by our forebears.

Uphold your oath.

Mr. And Mrs. Patrick and Savannah Morrison
Willow Glen
San Jose

1/24/22, 11:26 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3 The City Council is requiring ﬁrearm owners to purchase insurance for intenonally pulling the trigger of a ﬁrearm to harm life and/or property, which is already deﬁned as a serious violent crime.

This type of insurance does not exist and if it did, would be so cost prohibive that it would place an unconstuonal barrier to the free exercise of the Second Amendment.

Lawmakers are allowed to approve the ordinance without deﬁning the insurance coverage type and limits, having up to six months aer the vote to deﬁne it.

Murdock v. Pennsylvania, 319 U.S. 105 (1943) established that the government “may not impose a charge for the enjoyment of a right protected by the federal constuon.”

Proposed Change: 10.32.215 Annual Gun Harm Reducon Fee “A person who resides in the City and owns or possesses a Firearm in the City shall pay an Annual Gun Harm Reducon Fee to the Designated Nonproﬁt Organizaon each year.” San José is taxing gun owning, law abiding residents and visitors for the illegal acons of criminals.

The City is creang a law which forces gun owners to ﬁnancially support a business they may not agree with.

The City Council is opening the ﬂoodgate for corrupon, allowing former City employees to sit on the board of this nonproﬁt to be paid using addional monies from taxpayer dollars in the form of City grants No former city employee should ever be allowed to sit on this board.

What is the fee? Lawmakers are allowed to approve the ordinance without deﬁning the fee and have up to six months aer the vote to deﬁne it.

Murdock v Pennsylvania, 319 U S 105 (1943) the Supreme Court ruled that “since the privilege in queson is guaranteed by the Federal Constuon, and exists independently of state [or municipal] authority, the inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.”

Proposed Change: 10.32.245 Impoundment
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”
Violaon of the proposed changes will most likely result in an infracon.

State law only allows for the impoundment of ﬁrearm for a felony or one of 20 deﬁned violent misdemeanors. Infracons do not reach the state threshold requirement to legally conﬁscate and/or impound property.

Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for jusﬁcaon of these changes:

California state law does not grant peace oﬃcers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registraon

1/24/22, 11:26 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources expiraon before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)].

Focus on Real Soluons to Stopping Gun Violence
Our elected oﬃcials need to address the criminals who commit violence in our city and the soluon to this problem should not be to punish the innocent law-abiding residents of San José.

Please look at taking the following acons to stop gun violence:

1. Have the city council write and approve an amicus curia resoluon to send to the California Assembly and Senate to repeal Proposions 47, 57, and AB109

2. Establish the Gun Harm Reducon Commission (GHRC) pilot program with balanced community representaon

3. Enforce and prosecute exisng gun laws
4 Support recommendaons 1 through 5 of the 9/16/2021 Rules and Open Government Commiee memorandum entled, "Community Violence Prevenon & Response" 5 Fund aorneys that will prosecute gun crimes in the county

6. Hire more police oﬃcers
7 Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Darryl R., Your Constuent

1/24/22, 11:26 AM Mail - Agendadesk - Outlook
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- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”

- Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors. Infractions do not reach the state threshold requirement to legally confiscate and/or impound property.

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs Yours Sincerely,
Your Constituent
E Hoving Sent from my iPad
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1/24/22, 11:26 AM Mail - Agendadesk - Outlook
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1/24/22, 11:26 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 1/1 Agenda item 4.122 045 Gun Harm Reduction Ordinance
Paul Benton <
Sun 1/23/2022 6:32 PM
To: City Clerk <
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Dear council,
I feel a gun ownership tax is unconstitutional. It will not prevent crime. Only law abiding citizens will pay the tax and not criminals. It is the person and not the firearm that commits the crime.

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1/24/22, 11:25 AM Mail - Agendadesk - Outlook
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Agenda Item 4.1 Gun Violence Reduction
Cathryn Hyde <
Sun 1/23/2022 7:03 PM
To: City Clerk <
Cc: Guimera, Christina < Dolores Alvarado <

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To: Mayor Liccardo and Members of the San Jose City Council, I am writing on behalf of Community Health Partnership a consortium of ten community health center organizations with 40 community clinic sites located throughout Santa Clara and San Mateo Counties.

Community Health Partnership supports measures that would reduce gun violence, programs for responsible gun ownership (education and safety assistance for victims of gun violence through primary care and behavioral health resources/services, and funding for solutions that address the root-causes of domestic violence.

Thank you for exploring innovative solutions for a serious problem that plagues our community.

Sincerely,
Cathryn Ming Hyde
Deputy Director of Policy & External Relations

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1/24/22, 11:25 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3 - Lawmakers are allowed to approve the ordinance without defining the insurance coverage type and limits, having up to six months after the vote to define it. - Murdock v. Pennsylvania, 319 U.S. 105 (1943) established that the government “may not impose a charge for the enjoyment of a right protected by the federal constitution.”

- San José is taxing gun-owning, law abiding residents and visitors for the illegal actions of criminals. - The City is creating a law which forces gun owners to financially support a business they may not agree with.

- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

1/24/22, 11:25 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 3/3 Yours Sincerely,
Your Constituent
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1/24/22, 11:25 AM Mail - Agendadesk - Outlook
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1/25/2022 Item 4.1: Vote NO Gun Harm Reduction Ordinance, Public Record Mark Flores <
Sun 1/23/2022 7:58 PM
To: Agendadesk <
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Dear Mayor and Council,
I am writing to inform you of my objection to the proposed changes to Chapter 10 of the San José Municipal Code as defined in the Gun Harm Reduction Ordinance Memorandum dated January 14, 2022, scheduled to be heard on January 25, 2022 as Item 4.1. I urge you to VOTE NO on this item.

Item 4.1 proposes unlawful and unenforceable changes to the Municipal Code which will not stop gun violence in San José. Legal owners of firearms will be unduly punished because, by definition, they are the only people that will be impacted by these proposals. Taxing and isolating a group of people purely based on their decision to embrace an enumerated constitutional right is discriminatory.

**Proposed Change: 10.32.210 Liability Insurance Required** “Specifically covering losses or damages resulting from any negligent or accidental use of the Firearm, including but not limited to death, injury or property damage.”

- Negligent use of a firearm is defined in CA Penal Code 246.3 as someone who willfully discharges a firearm (pulls the trigger intentionally) which could result in injury or death to a person.

- The City Council is requiring firearm owners to purchase insurance for intentionally pulling the trigger of a firearm to harm life and/or property, which is already defined as a serious violent crime.

- This type of insurance does not exist and if it did, would be so cost prohibitive that it would place an unconstitutional barrier to the free exercise of the Second Amendment.

- Lawmakers are allowed to approve the ordinance without defining the insurance coverage type and limits, having up to six months after the vote to define it.

- Murdock v. Pennsylvania, 319 U.S. 105 (1943) established that the government “may not impose a charge for the enjoyment of a right protected by the federal constitution.”

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

1/24/22, 11:25 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources. - Murdock v. Pennsylvania, 319 U.S. 105 (1943) the Supreme Court ruled that “since the privilege in question is guaranteed by the Federal Constitution, and exists independently of state [or municipal] authority, the inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.”

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent

Brenda and Mark Rojas

This message is from outside the City email system. Do not open links or attachments from untrusted sources. ( https://constitutioncenter.org/interactive-constitution/blog/the-evolution-of-voting-rights- in-america )
Justice John Paul Stevens wrote an opinion piece for the Washington Post regarding the 2nd Amendment which articulately and accurately outlines why changes need to made to the 2nd Amendment:
https://www.washingtonpost.com/opinions/the-five-extra-words-that-can-fix-the-second- amendment/2014/04/11/f8a19578-b8fa-11e3-96ae-f2c36d2b1245 story.html "As a result of the rulings in Heller and McDonald, the Second Amendment, which was adopted to protect the states from federal interference with their power to ensure that their militias were “well regulated,” has given federal judges the ultimate power to determine the validity of state regulations of both civilian and militia related uses of arms. That anomalous result can be avoided by adding five words to the text of the Second Amendment to make it unambiguously conform to the original intent of its draftsmen. As so amended, it would read:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia shall not be infringed.”
I support this ordinance and hope that you will vote yes.

Thank you for your time
.

Jacquie Heffner

1/24/22, 11:24 AM Mail - Agendadesk - Outlook
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Murdock v. Pennsylvania, 319 U.S. 105 (1943) the Supreme Court ruled that “since the privilege in question is guaranteed by the Federal Constitution, and exists independently of state [or municipal] authority, the inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.”

Proposed Change: 10.32.245Impoundment
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”
Violation of the proposed changes will most likely result in an infraction.

Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes:

California state law does not grant peace officers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registration expiration before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)].

Focus on Real Solutions to Stopping Gun Violence
Our elected officials need to address the criminals who commit violence in our city and the solution to this problem should not be to punish the innocent law-abiding residents of San José. Please look at taking the following actions to stop gun violence:

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent,
Kevin Brogdon SR.

PS. One thought I have had is to extend the wait time from 10 days to 15 and include in that time a mandatory in person firearm safety course which would include a fee that part of would go to victims of gun violence. Maybe the course could be provided by the Sheriffs Office of the county that the potential gun buyer lives in (two birds with one stone).

1/24/22, 11:24 AM Mail - Agendadesk - Outlook
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- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs Yours Sincerely,
Your Constituent
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1/24/22, 11:24 AM Mail - Agendadesk - Outlook
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Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes:

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Joseph Hulbert

1/24/22, 11:01 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda item 4.1 22 045 Gun Harm Reduction Ordinance
Doug&LindaRyland <
Sat 1/22/2022 1:02 PM
To: City Clerk <

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This is an unconstitutional act that infringes on a Constitutionally guaranteed right of every law abiding citizen of this nation Taxing automotive or other personal property is totally different since it isn’t an infringement on a Constitutionally guaranteed right

Doug Ryland
Arizona
StartMail makes private and encrypted email easy. Try it here for free! Receive a 50% discount on a new subscription through the referral program.

1/24/22, 11:00 AM Mail - Agendadesk - Outlook
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Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation 3. Enforce and prosecute existing gun laws 4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response" 5. Fund attorneys that will prosecute gun crimes in the county 6. Hire more police officers 7. Build mental health hospitals and fund sobriety programs Yours Sincerely, Your Constituent

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This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Kb <
Sat 1/22/2022 1:39 PM
To: City Clerk <

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I want to e press my opposition to the proposed gun owners ta . It is a blatant attempt at creating a gun owner registry which is a major violation of personal privacy, as well as being unconstitutional.

Quit trying to steal our rights and privacy in the name of safety . The majority of us aren t buying that BS anymore.

Sincerely,
KM Brady

1/24/22, 10:59 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 1/1 Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Aura Wright <
Sat 1/22/2022 3:11 PM
To: City Clerk <
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Do NOT pass this ordinance!
Thank you.

Aura Wright
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1/24/22, 10:59 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources. has given something for which it can ask for a return is irrelevant.” **Proposed Change: 10.32.245 Impoundment** “The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.” - Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors. Infractions do not reach the state threshold requirement to legally confiscate and/or impound property. - Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes: California state law does not grant peace officers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registration expiration before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)]. ***Focus on Real Solutions to Stopping Gun Violence*** Our elected officials need to address the criminals who commit violence in our city and the solution to this problem should not be to punish the innocent law-abiding residents of San José. Please look at taking the following actions to stop gun violence: 1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109 2.

1/24/22, 10:59 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3 agree with.
- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent
Sent from my Galaxy

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This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Dale Lindsey <
Sat 1/22/2022 6:34 PM
To: City Clerk <

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This is a direct violation of the second amendment and will open you up to untold lawsuits. Go ahead, sink your own ship. No wonder people are leaving California.

Dale Lindsey
Nevada
Sent from Yahoo Mail for iPhone

1/24/22, 10:57 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources. has given something for which it can ask for a return is irrelevant.” **Proposed Change: 10.32.245 Impoundment** “The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.” - Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors. Infractions do not reach the state threshold requirement to legally confiscate and/or impound property. - Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes: California state law does not grant peace officers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registration expiration before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)]. ***Focus on Real Solutions to Stopping Gun Violence*** Our elected officials need to address the criminals who commit violence in our city and the solution to this problem should not be to punish the innocent law-abiding residents of San José. Please look at taking the following actions to stop gun violence: 1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109 2.

1/24/22, 10:57 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.” **Proposed Change: 10.32.245 Impoundment** “The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.” - Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors.

Infractions do not reach the state threshold requirement to legally confiscate and/or impound property. - Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes: California state law does not grant peace officers the authority to impound a vehicle on site for lack of insurance and requires a minimum of six months registration expiration before they can impound a vehicle [CVC 16028(a-c) and CVC22651(o)]. ***Focus on Real Solutions to Stopping Gun Violence*** Our elected officials need to address the criminals who commit violence in our city and the solution to this problem should not be to punish the innocent law-abiding residents of San José. Please look at taking the following actions to stop gun violence: 1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109 2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation 3. Enforce and prosecute existing gun laws 4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response" 5. Fund attorneys that will prosecute gun crimes in the county 6. Hire more police officers 7. Build mental health hospitals and fund sobriety programs Yours Sincerely, Your Constituent

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This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance"
B E Scott <
Sat 1/22/2022 8:24 PM
To: City Clerk <

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Do not pass this unconstitutional ordinance. You are double ta ing your innocent constituents. Plus you are creating an illegal list of firearms and owners.

It won't reduce the illegal firearms or the felons in possession of firearms. It won't reduce shootings.

A
eld4VEJMYXJUeGt3SUtOdnROWFVJUFRoZDNrVmZQZWpRdzNZejRPdmdJbk42VXVGWkhPQ3ZhekFDZ XZWdkVZZisvUWtPTEdHZzh U2V1eDNlZ0tqK3dseGNyRG5KNHdwTDJrZDl6cmM5UjNES0JVbENPaThX RGVFbis1aUtaSENtMjJSelRabGpSRVNiTFEwSitEd0Nld3hSOW Mby9nNHQwWTRXMUhIQ1E3UWhzUjV HMDFIaU1pVTV5UENCRHZhKzdoY0 hSDlhcEdBSy81QTVYQ3NjR3NqQTNCaXNubW9 SVdMRkV3TnFG U1A MG5mZFFUTTJMVXZjM2tEVTVPYjIyUUp1QnVmYzRBT3UrWElNOXA0Y2NmVW0vTit2UUYwRlBFVn B5a0ZCNnJadXplRjdRMUR0Q2lmMEdYWTU2SmZrNlp5RUwvd1IvTWJrYUEraGE R0Zub3ZCZTJYSUprTy szRW16eWkyK2 vPS0tMk GK0hyZXowYlpEUHNzKzhhYmtKUT09
45f97a809dd93f2446b8ad6558bf633506199658,209f9697 2218 471a ab32 7323edf6ad3e,order status page

1/24/22, 10:56 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3 with.
- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs Yours Sincerely,
Your Constituent
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1/24/22, 10:56 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Eric Mast <
Sat 1/22/2022 9:43 PM
To: City Clerk <

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Dear Law Makers,
Please do not implement more ta es which disproportionately affect the poor. People of California are ta ed enough. The homeless situation should be evidence of that. Housing is unaffordable in the San Jose area. This is going to affect tourism and many areas which you may not be aware of.

My daughters play ice hockey. We used to attend the MLK San Jose tournament. Not this year. Poop on the streets was bad enough but now we felt it was unsafe. It may be fine for locals who know what areas to avoid, but tourists do not know all the new hazards there. We chose to attend a Boston tournament on MLK weekend this year. The strange thing is, our coach came to Seattle from the San Jose area.

Another point is that women can defend against a large male attacker if she is trained in the use of a firearm. But maybe this no longer matters since male and female are now purely mental constructs in California.

Thanks for considering helping the poor and weak of your community defend themselves from the increasing violence by NOT passing gun ta es, registration or other laws which increase the number of victims.

Eric Mast

This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Todd Hoopman <
Sat 1/22/2022 10:55 PM
To: City Clerk <

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Please do not pass this ordinance!

1/24/22, 10:55 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 1/1 Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Louie Andersen <
Sat 1/22/2022 11:52 PM
To: City Clerk <
[External Email]
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To whom it may concern,
As a San Jose citizen I am writing to express concern over the proposed gun harm reduction ordinance 22-045 and ask the city council to oppose this ordinance.

This ordinance will do nothing to reduce gun violence as over 92% of crime committed with a firearm has been committed by individuals illegally in possession of the firearm, according to US government gun crime statistics.

Furthermore, Mayor Liccardo swore an oath to uphold the constitution and this proposed ordinance is a direct violation of said Oath. I ask that Mayor Liccardo’s resignation be added to the agenda of the next city council meeting.

Thank you,
Louis and Meyling Andersen
This message is from outside the City email system. Do not open links or attachments from untrusted sources.

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1/24/22, 10:55 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3

**Proposed Change: 10.32.215 Annual Gun Harm Reduction Fee** “A person who resides in the City and owns or possesses a Firearm in the City shall pay an Annual Gun Harm Reduction Fee to the Designated Nonprofit Organization each year.” - San José is taxing gun-owning, law abiding residents and visitors for the illegal actions of criminals. - The City is creating a law which forces gun owners to financially support a business they may not agree with.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent

1/24/22, 10:55 AM Mail - Agendadesk - Outlook
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Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
David C Taylor <
Sun 1/23/2022 5:05 AM
To: City Clerk <

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V ote No! J

1/24/22, 10:54 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources "Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance".

Marty Wierzbicki <
Sun 1/23/2022 6:42 AM
To: City Clerk <

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Do not pass this bill which equates to a penalty ta on our citizens and our 2 amendment rights to keep and bear arms.

M. Wierzbicki
Citizen of the USA

This message is from outside the City email system Do not open links or attachments from untrusted sources Agenda Item 4.1 22 045 Gun Harm Reduction Ordinance
Donald Banning <
Sun 1/23/2022 7:29 AM
To: City Clerk <

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How disgusting, attempting to make law abiding citizens pay for the crimes that criminals commit and for your failures (as government agents) to prosecute CRIMINALS and get and keep them off the streets. Unethical, illegal, and ultimately completely worthless to stop or even slow down gun crime or violence in any way. This only shows you to be criminals as well. Fail, fail, fail.

Sent from Yahoo Mail on Android

1/24/22, 10:54 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 1/1 With Agenda Item 4.122 045 Gun Harm Reduction Ordinance. Do not pass this Proposed Ordinance!
Ed Hearne <
Sun 1/23/2022 9:08 AM
To City Clerk <
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Ed
Sent from my iPhone
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1/24/22, 10:53 AM Mail - Agendadesk - Outlook
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OPPOSE Agenda Item 4.1 Gun liabilty ins and gun tax
<
Sun 1/23/2022 9:27 AM
To: City Clerk <

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Oppose the mayor's proposal for a gun harm tax and liability insurance or get sued.

I called my two insurance companies last week and they both told me they didnt have any liability coverage like the mayor requires They also both told me that no company could offer coverage for someone intentionally misusing a gun

Then there is the problem of a "Jim Crow " law that taxes a Constitutional right. That idea was struck down several times.

Pass this law and you are looking at dozens of law suits.

Joe. P
San Jose

1/24/22, 10:53 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/3 **Proposed Change: 10.32.215 Annual Gun Harm Reduction Fee** “A person who resides in the City and owns or possesses a Firearm in the City shall pay an Annual Gun Harm Reduction Fee to the Designated Nonprofit Organization each year.” - San José is taxing gun-owning, law abiding residents and visitors for the illegal actions of criminals. - The City is creating a law which forces gun owners to financially support a business they may not agree with.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

**Proposed Change: 10.32.245 Impoundment**
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs Yours Sincerely,
Your Constituent

1/24/22, 10:53 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 3/3 Ronald E. Brooks
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1/24/22, 10:53 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources. agree with.
- The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants. No former city employee should ever be allowed to sit on this board.

- What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

1. Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation

3. Enforce and prosecute existing gun laws

4. Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Your Constituent

1/24/22, 10:53 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/2 inquiry as to whether the State [or Municipality] has given something for which it can ask for a return is irrelevant.” **Proposed Change: 10.32.245 Impoundment** “The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.” - Violation of the proposed changes will most likely result in an infraction. - State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors.

LaVonne
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1/24/22, 10:52 AM Mail - Agendadesk - Outlook
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This message is from outside the City email system Do not open links or attachments from untrusted sources Oppose Public Safety Gun Harm Reduction Ordinance; Agenda Item #4.1 Bret M <
Sun 1/23/2022 11:17 AM
To: City Clerk <

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To whom it may concern,
First off, why would the government feel they have any right to ta a constitutional right? Can you show any proof that this will curb crime even in the slightest? You all should be ashamed of yourselves for even thinking of this. We will come after you in court, we will not stop until you are proven wrong.

If you really wanted what made us safer you would be voting to never take our rights and allow us to protect ourselves as you all prove time and time again that you can not make us safe. None of you have ever protected a single person in fact most of you have blood on your hands for letting criminals go and they go on to do the same or worse than they did to get caught in the first place. The people are fed up with your lies and greed, we will not stop fighting.

1/24/22, 10:51 AM Mail - Agendadesk - Outlook
https://outlook.office365.com/mail/ AAMkADUxOWI4ZjE3LTRkNDEtNGUzMS04MjAwLTIzNzdiYTdkMjc5NAAuAAAAAAC… 2/4 San José is taxing gun-owning, law abiding residents and visitors for the illegal actions of criminals.

The City is creating a law which forces gun owners to financially support a business they may not agree with
The City Council is opening the floodgate for corruption, allowing former City employees to sit on the board of this nonprofit to be paid using additional monies from taxpayer dollars in the form of City grants No former city employee should ever be allowed to sit on this board What is the fee? Lawmakers are allowed to approve the ordinance without defining the fee and have up to six months after the vote to define it.

Proposed Change: 10.32.245 Impoundment
“The Firearm or Firearms of a person that is not in compliance with this Part may be impounded subject to a due process hearing.”
Violation of the proposed changes will most likely result in an infraction.

State law only allows for the impoundment of firearm for a felony or one of 20 defined violent misdemeanors. Infractions do not reach the state threshold requirement to legally confiscate and/or impound property
Because the ordinance improperly compares the Second Amendment right to the privilege of owning a car for justification of these changes:

Please look at taking the following actions to stop gun violence 1 Have the city council write and approve an amicus curia resolution to send to the California Assembly and Senate to repeal Propositions 47, 57, and AB109

2. Establish the Gun Harm Reduction Commission (GHRC) pilot program with balanced community representation
3 Enforce and prosecute existing gun laws
4 Support recommendations 1 through 5 of the 9/16/2021 Rules and Open Government Committee memorandum entitled, "Community Violence Prevention & Response"

5. Fund attorneys that will prosecute gun crimes in the county

6. Hire more police officers

7. Build mental health hospitals and fund sobriety programs

Yours Sincerely,
Bob Fuss

San Jose City CouncilJanuary 25, 2022

San Jose City Council
January 25, 2022