Privately
Made
Firearm
Ordinance
Presenters:
Sarah Zárate, Director, Office of Administration,
Policy, & Intergovernmental Relations
Chief Anthony Mata, Police Department
Lt. Steve Donohue, Police Department
San José City Council 05.10.22
Item 4.1
Series of recent proposals to reduce gun harm in San José Passed an ordinance on June 9, 2021 amending the municipal code to regulate the sale, lease, and transfer of firearms and firearms ammunition in San José as retail. (Ordinance No. 30617).
Passed an ordinance February 3, 2022 requiring gun owners to obtain and maintain liability insurance and establish of an annual gun harm reduction fee (Ordinance No. 30716 ).
Community Violence Prevention and Response Recommendations Council Direction on “Ghost Guns” (June 2021/January 2022) …Direct the City Attorney to craft a prohibition on the possession, assembly, and manufacturing of any untraceable gun lacking a serial number, in collaboration with partner organizations such as Brady United and Gifford Law Center, to cover gaps in California state prohibitions, most of which do not take effect until July 2022.
Background
Background
“Ghost Guns” Privately
Made
Firearms
=
Proliferation of unserialized Ghost Guns used in
violent crimes
No serial numbers – difficult to trace
No background checks – easily acquired by criminals
Easily assembled from kits or 3D printed parts
Background – What is the Problem?
Background – What is the Problem?
CY 2016 CY 2017 CY 2018 CY 2019 CY 2020 CY 2021
1,758 2,552
3,960
7,517
10,109
19,344
Total Suspected PMFs by Calendar Year (CY)
Data from Department of Justice
Justice.gov
Proliferation of Ghost Guns
(exponential growth)
Justice Department modernized definition of a
firearm April 11, 2022
Clarifies that frames, receivers, and parts kits must be marked with serial numbers and are subject to same regulations as traditional firearms when manufacturing and transferring firearms
Requires background checks before selling kits containing parts necessary to make a gun
Requires federally licensed firearm dealers and gunsmiths to add serial numbers to 3D printed or other unserialized firearms in their inventory Federal Regulatory Activity
Rule is effective August 24, 2022
State of California requires a person:
manufacturing or assembling a firearm to first apply
for a unique serial number or other identifying mark
who owns a firearm that does not have a serial
number to apply for a unique serial number or other
identifying mark
State Regulatory Activity
State of California prohibits:
sale or transfer of ownership of an unserialized firearm helping a person who is prohibited from possessing a
firearm manufacture or assemble a firearm
State of California will prohibit:
Someone who is prohibited from owning or possessing a firearm from possessing firearm precursor parts
Firearm precursor parts from being sold in California except by (or through) a licensed firearm precursor part vendor
Firearm precursor parts from being sold to any person under the age of 21, or to any person the vendor should reasonably know is prohibited. The sale of more than one firearm precursor part per month (i.e., via Private Party Transfer), unless the seller has a firearm precursor part vendor license State Regulatory Activity
Effective July 1, 2022
The California Department of Justice will also conduct eligibility checks on potential purchasers or transferees.
Several large California jurisdictions have further banned the possession, sale, and transfer of un-licensed and un-serialized firearms Local Regulatory Activity
Prohibit the manufacture, assembly,
possession, transfer, or sale of
unfinished frames or receivers unless
they are imprinted with a serial
number issued by a Federal Firearms
Importer or Manufacturer in
accordance with federal law or
engraved or permanently affixed with
a serial number provided by the
California Department of Justice
City of San José’s Proposed
Privately Made Firearm Ordinance
FEDERAL
Manufacturing
Transferring
STATE
Manufacturing
Transferring
Assembly
CITY
Possession
Provide 120 days from effective day to
become compliant with the ordinance.
What is an unfinished frame or receiver?
What is an unfinished frame or receiver?
How do I become compliant?
Apply for a unique serial number
or other mark of identification
through the CA Department of
Justice
120 days to become compliant from the
ordinance effective day
https://oag.ca.gov/firearms/usna
Council
Action
San José City Council 5.10.22
Privately Made Firearm Ordinance, Item 4.1
Approve an ordinance amending
Chapter 10.32 of Title 10 of the San
José Municipal Code to add Part 7
to reduce gun harm by prohibiting
the possession, manufacturing, sale,
assembly, transfer, receiving, and
distribution of un-serialized firearms,
frames, and receivers within San
José, subject to certain exceptions.
Presenters:
• Sarah Zárate, Director, Office of Administration,
Policy, & Intergovernmental Relations
• Chief Anthony Mata, Police Department
• Lt. Steve Donohue, Police Department