Firearm Regulations:
The City Should Update Procedures Around Gun Violence Restraining Orders and Firearm Business Inspections
A Report from the City Auditor
Issued December 2022
http://www.sanjoseca.gov/auditor
1 Background
2 • There were 13.6 firearm-related deaths
per 100,000 residents across the country.
In San Jose, the rate was 5.1 deaths per
100,000.
• Federal, state, and local laws regulate the
possession, ownership, use, and sale of
firearms.
• SJPD is responsible for enforcing firearm-
related regulations in San Jose.
5.1 5.2
6.8 8.4
19.1 21.9
0 5 10 15 20 25
SAN JOSE
San Francisco
San Diego
Long Beach
Sacramento
Oakland
Exhibit: The City Had a Lower Firearm
Death Rate per 100,000 Residents in 2020
Than Other Jurisdictions
Source: California Department of Public Health,
California Comprehensive Master Death File, 2020.
Finding I: Firearm-Related Incidents Have Increased in the City • From 2017-2021, firearm-related incidents
in San José increased by 25 percent
• Certain police districts have seen higher
concentrations of firearm-related incidents
than others.
Source: Auditor analysis of data from the SJPD
records management system.
Exhibit: Firearm-Related Incidents in
the City Have Grown
990 1,040
878
1,077
1,240
0 200
400
600
800
1,000
1,200
1,400
2017 2018 2019 2020 2021
Finding I: Cont’d
4 Exhibit: The Number of Firearm-Related Incidents
Vary by Police District (2017-2021)
• Over 40 percent of firearm-
related incidents between
2017 and 2021 were in
districts L, C, X, and P in
central and east San José.
• Districts V, T, A, and E saw the
fewest incidents over the same
period.
Source: Auditor analysis of data from the SJPD records management system.
D
Finding I: Cont’d
Exhibit: T op Four Crimes with the Most
Firearm-Related Incidents, 2017-2021
Aggravated
assault 525
Robbery,
305
Weapon-
related
incidents,
296
Homicide,
250
100
200
300
400
500
600
2017 2018 2019 2020 2021
• Aggravated assault and robbery were
the most common firearm-related
crime.
• The City has seen a significant
increase in privately made firearms
(sometimes referred to as “ghost
guns”).
Source: Auditor analysis of data from the SJPD
records management system.
5 Finding 2: State Law Is the Primary Authority Regulating Firearms in the City
• The Municipal Code provides additional
regulations regarding licensing firearm
dealers, and other requirements on
owning, possessing, or storing a firearm.
• Currently, two sections of the San José
Municipal Code conflict with the
California Penal Code governing firearm
sales.
6 RECOMMENDATIONS:
T o better align with state law, the
Administration should:
→ Update Municipal Code
sections related to age
requirements and waiting
periods for firearm purchases,
and suicide prevention
noticing.
Finding 3: The Police Department Should Update Internal Procedures and Conduct Outreach on Gun Violence Restraining Orders
7 Exhibit: Number of GVEPOs and GVROs in San
José, 2018 Through July 2022
Source: Auditor analysis from information provided by SJPD Warrants Unit and the City Attorney's Office.
* There are cases pending from 2021 and 2022.
8 22
58 76
5418
19 22
7 0
20 40
60 80
100
120
2018 2019 2020 2021* 2022*
GVRO
GVEPO
• Gun Violence Restraining Orders
(GVROs) provide tools for law
enforcement to remove firearms
from a person who is at risk of
causing harm to themselves or
others.
• Since 2018, the City has filed over
280 orders.
Finding 3: Cont’d
• SJPD’s Duty Manual does not reflect the
actual current process and should be updated
to differentiate the processes for the different
orders.
• The City can better inform the public about
gun violence restraining orders
8 RECOMMENDATIONS
SJPD should:
→ Update language in the Duty
Manual to reflect the different
types of GVROs and develop
procedures on the current
process of each.
→ Incorporate information about
GVROs into its community
outreach efforts, including posting
information on the City’s website.
Finding 4: The Police Department Can Provide Increased Staff Guidance and Supervisory Oversight for Regulating Firearm Businesses
• SJPD’s Permits Unit regulates firearm
businesses for compliance with Municipal
Code requirements.
• Inspections do not always adequately
document compliance and draft procedures
do not provide sufficient guidance.
• The permit fees for the businesses may not be
fully cost recovery.
9 RECOMMENDATIONS
T o improve the inspection
process, SJPD should:
→ Develop procedures to
document inspection expectations
and revise its inspection checklist.
→ Reassess actual time spent on
inspections.
Conclusion
This report has seven recommendations to improve the City’s processes to regulate firearms.
We would like to thank the San José Police Department. We also thank the City Attorney’s Office and the City Manager’s Budget Office.
The audit report is available at www.sanjoseca.gov/auditor Audit staff: Gitanjali Mandrekar, Ebele Obi, and Adrian Perez 10