1889106
TO: HONORABLE MAYOR FROM: Nora Frimann
AND CITY COUNCIL City Attorney
SUBJECT: GUN HARM REDUCTION
ORDINANCE DATE: January 14, 2022
RECOMMENDATION
Consider approving an ordinance amending Title 10 of the San José Municipal Code to add Part 6 to Chapter 10.32 to reduce gun harm by: (a) requiring gun owners to obtain and maintain liability insurance; and (b) authorizing a fee to apply to gun harm reduction programs.
BACKGROUND
On June 29, 2021, the City Council directed the City Attorney to return to Council with an ordinance for Council consideration that would require every gun owner residing in the City of San José, with certain exceptions, to obtain and maintain a City-issued document evincing payment of an annual fee, and attestation of insurance coverage for unintentional firearm-related death, injury, or property damage.
Council directed that the ordinance include the following provisions:
• Compliance:
o The gun owner shall sign and complete an insurance attestation, describing the specific policy number and issuer, and sign the attestation under penalty of perjury. Acceptable insurance coverage may include any homeowner's or renter's policy that provides for a minimum coverage amount.
o The attestation document (or signed waiver) shall be kept wherever guns are stored or transported with the owner (in-home gun safe, in car, etc.). • Exemptions and waivers:
o A written, discretionary waiver of the fee requirement and the insurance coverage will be permitted for all low-income individuals who qualify under Cal. Govt.
Code §68632. However, the owner must store and maintain the waiver document with the gun.
o An exemption from these requirements for sworn law enforcement. o An exemption from these requirements for holders of a concealed carry weapon (CCW) permit.
COUNCIL AGENDA: 1/25/22
FILE: 22-045
ITEM: 4.1
HONORABLE MAYOR AND CITY COUNCIL
January 14, 2022
Subject: Gun Harm Reduction Ordinance
1889106
• Penalties: Failure to comply shall constitute a civil violation subjecting the owner to the temporary or permanent seizure of the gun, and under specified circumstances, a fine.
ANALYSIS
The proposed ordinance includes provisions that are in accordance with the direction from Council. The proposed ordinance authorizes an annual gun harm reduction fee to be paid by gun owners to a designated nonprofit organization that will, in turn, use the fees collected to provide certain services, as specified in the ordinance, to residents of the City who own or possess a gun or to members of their household. The proposed ordinance also authorizes the City Manager to charge and collect any and all City cost recovery fees associated with fulfilling the policies of the ordinance relating to the reduction of gun harm, including any associated third-party costs.
The recitals within the draft ordinance contain the data and other information that supports the proposed ordinance.
The effective date of the proposed ordinance will be six months from the date of adoption. This is to allow for time for the City Manager’s Office to potentially do outreach, develop regulations, and work through any other issues related to the implementation of the proposed ordinance.
CONCLUSION
If approved, the proposed ordinance will require, with certain exceptions, that San José residents who own firearms: (a) obtain and maintain liability insurance; (b) pay an annual gun harm reduction fee to a designated nonprofit organization that will use the fee proceeds to provide gun harm reduction services to residents of the City who own or possess a gun or to members of their household; and (c) pay any City cost recovery fees associated with program implementation, including any associated third-party costs.
CLIMATE SMART SAN JOSE
The recommendation in this memo has no effect on Climate Smart San José energy, water, or mobility goals.
COORDINATION
This memorandum has been coordinated with the City Manager’s Office.
HONORABLE MAYOR AND CITY COUNCIL
January 14, 2022
Subject: Gun Harm Reduction Ordinance
1889106
CEQA
Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment.
/s/
NORA FRIMANN
City Attorney
For questions please contact Nora Frimann, City Attorney, at (408) 535-1900.