City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.E
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 3.24 to Regulate Retail Firearm Sales, Establish Additional Firearm Owner Responsibilities, Restrict Weapon Usage on CityOwned Property and Other Locations, Establish a Voluntary Commitment Program, and Ban Non-Serialized Firearms in the City
Recommended Action
Staff recommends that Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 3.24 to regulate retail firearm sales, establish additional firearm owner responsibilities, restrict weapon usage on City-owned property and other locations, establish a voluntary commitment program, and ban non-serialized firearms in the City.
Executive Summary
Pursuant to Council’s direction on June 13, 2023, the City Attorney’s Office, in conjunction with the City Manager’s Office and the Police Department, offer for introduction an ordinance that will: (1) impose additional regulations on firearms retailers in the City to record firearms and ammunition sales, store firearms in a secure manner, and restrict the admittance of unaccompanied minors where firearms are sold; (2) restrict certain weapons, including firearms, on City-owned property and other locations; (3) establish additional responsibilities for firearm owners, including requiring liability insurance, establishing firearm safe storage obligations in residences and vehicles, and 2 of 7
requiring firearm owners to report a lost or stolen firearm within 48 hours of discovery; (4) establish a voluntary firearm commitment program; and (5) ban the possession, sale, or transfer of non-serialized weapons, also known as “ghost guns.” Discussion
The City of Santa Monica is not immune from the dangers caused by the proliferation of firearms in society. Each year, dozens of residents, workers, and visitors are victims of crimes committed using firearms. This includes those obtained legally, but primarily are unregistered, listed as stolen, or ghost guns with no serial number to be able to trace.
Being a crime victim can be damaging enough, but the addition of a firearm, whether or not it was fired, creates another layer of trauma not just for the victim but for witnesses and the community. The charts below represent just three categories of crimes wherein guns were used; there are additional categories of penal code violations for possessing and brandishing firearms that were not included here but do occur within city limits.
Incidents Involving Guns 2018 2019 2020 2021 2022 2023
Robbery (Part I Crime) 32 48 29 21 38 10
Aggravated Assault (Part I Crime) 23 23 26 30 37 18
Weapons Possession (Part II Crime) 16 24 19 7 22 17
TOTAL 71 95 74 58 97 45
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Santa Monica has also had multiple instances over the years of guns being reported stolen, primarily from residences during burglaries and vehicles parked within city boundaries. The department also locates stolen guns during investigations on an irregular but relatively frequent basis. In 2022, the SMPD booked 43 real and 28 fake firearms as evidence, found 21 real and 11 fake firearms, took one lost firearm report, and took theft reports for five real and two fake stolen firearms.
Currently, the City has one firearm retailer – Big Five Sporting Goods (Big Five), which is located on 3121 Wilshire Blvd. During the civil unrest on May 31, 2020, a group of individuals stole large amounts of property from the Big Five, including 29 rifles and shotguns. Detectives from the Police Department collaborated with the US Department of Alcohol, Tobacco and Firearms in the investigation. As of now, none of the suspects have been identified and the firearms are still outstanding.
On June 13, 2023, Council unanimously approved a 16-item sponsored by Councilmembers Torosis, Davis, and Zwick, which directed the City Manager and the City Attorney to return to Council within 60 days with an ordinance that restricts the sale of firearms in the City and proposes additional gun owner responsibilities based on best practices from other jurisdictions, stakeholder engagement, and consultation with subject matter experts.
Pursuant to Council’s direction, the City Attorney’s Office has reviewed local firearms regulations and prepared the attached ordinance which: requires firearm retailers in the City to videotape all firearm sales and provide continuous video and audio surveillance of where guns are stored, imposes additional safe storage requirements for firearm retailers, restricts minors and other prohibited purchasers from entering firearms retailers, restricts the use of certain weapons, including concealed carry firearms, on City-owned property and other locations, requires liability insurance for firearm owners, regulates the safe storage of firearms in residences and vehicles, creates a duty to report a lost or stolen firearm within 48 hours, establishes a voluntary commitment program, and bans the possession, sale, or transfer of ghost guns. 4 of 7
Policy Considerations
Shootings following theft or wrongful acquisition of firearms left unsecured (including by minors) can be addressed by securing firearms appropriately, whether in a residence or vehicle. There is always the possibility that a firearm lost or stolen in Santa Monica can be used to commit a crime within the City with a resident, worker, or visitor as the victim.
The City has many attractions that attract large crowds, including the beach, Pier, and Promenade—the addition of an ill-gotten and uncontrolled firearm can be particularly dangerous given the potential for bystanders to be hit and the difficulty in escaping a crowded area if shooting commences. It is also much more difficult for law enforcement to identify and control a shooting suspect in a large group setting.
In households in which a resident believes another resident may be a danger to anyone because of firearms in the home, providing a location for a resident to remove firearms from the home and securely store temporarily may help to prevent gun violence. Under most circumstances, the police department can provide this service to residents who request assistance.
The City has discussed the proposed ordinance with the Giffords Law Center.
Firearm Dealer Regulations – Safe Storage Requirement, Video and Audio Surveillance Requirement, Prohibitions Against Unaccompanied Minors
The proposed ordinance would require firearms dealers to store firearms and ammunition in a secure manner so that the firearms and ammunition are not accessible to anyone other than authorized employees. Options for meeting this requirement include: a “secured facility” with a deadbolt lock as provided in Penal Code § 17110, a locked fireproof safe, or vault.
The proposed ordinance requires firearm dealers to have a video surveillance system approved by the Chief of Police. The system must record and continuously monitor the areas where firearms or ammunition are stored, sold, transported, or transferred. The video system would be required to have the capability to record the facial features of a purchaser or transferee and record the voices of a purchaser or transferee engaging 5 of 7
with a firearm dealer’s employees. The video system must be maintained in proper working order and repaired or replaced within 14 days if it becomes inoperable. Upon request, a firearm dealer must provide access to the Chief of Police of any video and audio recordings. The proposed ordinance requires a firearm dealer to comply with certain signage requirements providing notice of the video and audio recording to customers. The proposed ordinance authorizes the Chief of Police to issue administrative regulations relating to these retail security requirements.
The proposed ordinance restricts the admittance of unaccompanied minors and other prohibited purchasers from entering a firearm retailer. For businesses that engage in more than the sale of firearms and ammunition, the proposed ordinance allows unaccompanied minors to enter the premises as long as physical and operational safeguards are used to prevent unaccompanied minors of being within 10 feet of where firearms, ammunition, and firearms related accessories are sold. The physical and operational safeguards must be approved by the Chief of Police or designee before unaccompanied minors are allowed to enter the premises.
Weapons Restrictions on City Property and Other Areas
Subject to certain exceptions, the proposed ordinance would prohibit possessing, displaying, brandishing, or using certain weapons, including a firearm, on City property and certain areas including:
• Any City owned or leased building (excluding garages and parking lots open to the public)
• The Pier
• Any facility where alcoholic beverages are consumed on the premises • Churches and other places of worship (unless the church or place of worship designates otherwise)
• Sporting events, concerts, shows, farmer’s markets, and other community events • Where First Amendment protected speech is being conducted • Public parks and the beach (with certain exceptions for passing through) • Hospitals and clinics
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• Private property where the owner has prohibited firearms The Chief of Police is authorized to seize and impound any weapons possessed or used in violation of the proposed ordinance. As provided in the ordinance, the Council, by resolution, or the City Manager, by administrative regulation, are authorized to establish further security regulations and exceptions to these requirements.
Additional Gun Owner Responsibilities – Liability Insurance, Safe Storage, Duty to Report Theft or Loss
The proposed ordinance would create additional responsibilities for firearm owners. For example, the proposed ordinance requires firearms owners to obtain liability insurance covering losses or damages resulting from any negligent or accidental use of a firearm.
In addition, the proposed ordinance establishes a requirement to store firearms in a locked container or secured using a firearm safety device when firearms are held in a residence or vehicle in the City. The proposed ordinance requires firearm owners to report a lost or stolen firearm within 48 hours.
Voluntary Commitment Program
The proposed ordinance would establish a voluntary commitment program that would allow the Santa Monica Police Department to store a firearm when a resident believes that another person who resides in the same residential unit may present an immediate danger to themselves or others. The proposed ordinance provides for the return of committed firearm upon request and proof of ownership. When the Chief of Police determines that a committed firearm is illegal to be owned or possessed, the proposed ordinance establishes an appeal procedure (first to the Chief of Police through an informal appeal process, and second to a Court through petition) for the owner to demonstrate that the firearm may be lawfully owned or possessed. 7 of 7
Ghost Gun Ban
Subject to certain exceptions, the proposed ordinance would prohibit the possession, purchase, transport, receipt, or sale of non-serialized firearms in the City.
Environmental Review
The proposed ordinance is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exception) which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The ordinance involves establishing regulations for firearm safety, and therefore, it can be seen with certainty that there is no possibility that the proposed ordinance regulating firearms may have a significant effect on the environment.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary to implement the proposed ordinance.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-PD-Firearms 2023.0822 1st