ORDINANCE NUMBER 0-__ 2_1_._8_2_6_-__ (NEW SERIES)
DATE OF FINAL PASSAGE ,JUL O 2 2024
AN ORDINANCE AMENDING CHAPTER 5. ARTICLE 3. .
.
,
DIVISION 00 OF THE SAN DIEGO MUNICIPAL CODE BY
ADDING SECTION 53.32, RELATING TO CONTRACTS
WITH VENDORS OF FIREARMS OR AMMUNITION.
(0-2024-11 8)
WHEREAS, according to Brady, a gun violence prevention group, in 2020, California experienced: I) 1,552 gun-caused suicides, 58 of which were of children and teens; and 2) 1,732 gun-caused homicides, 221 of which were of children and teens; and WHEREAS, according to the Kaiser Family Foundation, the United States saw a 50 percent increase in the number of children killed by fircanns in a homicide from 2019 to 2021 and a 21 percent increase in the number of child suicides involving firearms from 2019 to 2021; and
WHEREAS, according to reports by the Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF), over 45,000 guns were recovered by law enforcement in California in 2020 and more than 15,000 of those crime guns were purchased from California fireann dealers; and WHEREAS, the City of San Diego (City) continues to suffer from gun violence in our communities; and
WHEREAS, the San Diego Police Depa11ment (SDPD) recovered 1,211 crime guns in 2022 and recovered 1,360 crime guns in 2021; and
WHEREAS, a small number of fircann dealers are responsible for a large percentage of sales of guns that are used in crimes. The ATF estimated that 1.2 percent of firearm dealers are responsible for over 57 percent of guns traced to crimes; and -PAGE I OF 8-
ATTACHMENT D
(O-2024-118)
WHEREAS, according to The Center for American Progress. between 2012 and 2019. 937 guns were reported stolen from federally licensed firearm dealers in California. the seventh highest rate of theft for any state during that period; and WEREAS, firearm ancd ammunition dealers and manufacturers can help law enforcement prevent gun crimes and gun violence by adhering to public safety principles regarding firearms and complying with all applicable federal, state. and local laws and regulations; and
WHEREAS. niany firearm dealers follow safe dealing practices and comply with applicable laws. A report from the ATF shows that 56 percent of its firearm compliance inspections throughout the United States during fiscal year 2020 resulted in "No Violations': and WHEREAS. research from Brady has shown that a small number of firearm dealers are disproportionately the source of trafficked firearms and firearms recovered in crimes. [t has also shown that firearm delers with disproportionate numbers of crime gun traces are more likely to be found in non-compliance with federal firearms laws. including those intended to reduce gun trafficking and crime and to assist law enforcement ii solving gun violence crimes: and WHEREAS. according to Brady:s research. improved and responsible firearm procurement practices cari save lives oflaw en forcement o fficers and citizens alike; and WHEREAS, since January 20!9. the City has spent approximately $675:000 on the procurement of firearms and approximately $3.4 million oi amunition to safely equip SDPI):
and
WHEREAS. the City can use its prchasing power to influence firearm dealers who desire to do business with the City to abide by the laws and act responsibly. thus making our communities safer; and
-PAGE 2 OF 8-
ATTACHMENT D
(O-2024-1 8)
WHEREAS. it is essential that firearm and ammunition vendors that do business with the City are intensely vetted to ensure they are law-abiding and that they employ best practices shown to reduce the likelihood that their giis will be trafficked into communities such as San Diego and recovered in crime; and
WHEREAS: the City must ensure that it purchases firearms and ammunition only from dealers or manufacturers that adhere to public safety principles regarding firearms: are in compliance with all applicable federal. state. and local laws and regulations: and have valid federal. state and local firearms licenses. permits. and certifications required by their jurisdictions in order to deal in firearms. including any applicable State Board of Equalization seller's permit(s). and a Certificate of Eligibility under Cali fornia Penal Code section 26710: and WHEREAS this ordinance will be referred to as the Ira Sharp Fieam Dealer Accontability Act; and
WHEREAS. the Office of the City Attorney has drafted this ordinance based on the information provided by City staff including information provided by affected third parties and verified by City staff. with the understanding that this information is complete. true: and accurate; NOW. THEREFORE.
BE IT ORDAINED. by the Council of the City of San Diego. as follows:
Section l. That Chapter 5. Article 3, Division 00 of the San Diego Municipal Code is amended by adding section 53.32, to read as follows:
§ 53.32 Procurement of Firearms and Ammunition
(a) Prpose and Intent. It is the purpose and intent ofthis section that the City of San Diego develop procurement practices for firearm and ammunition purchases to reduce gun violence and protect public health and safety. -PAGE 3 OF 8-
ATTACHMENT D
(O-2024-118)
(b) Applicability. This section applies to any contract solicited, entered into. awarded: amended, reneed. or extended. after the effective date of this section. Contractors shall comply with this section during the solicitation process and term ofthe contract.
(c) Definitions- For purposes of this section, defined terms appear in italics.
The following definitions apply in this section.
Contractor has the same meaning as in San Diego Municipal Code section
22.0802.
Firearm rallìcker is any person who violates. or is convicted of violating. 18 U.S.C. § 933.
Aon-serializedfiearm has the same meaning as in San Diego Municipal Code section 53.18(b).
Non serialized /nishedfirearm f-ane has the same meaning as in San Diego Municipal Code section 53.18(b).
Non-se·ialized mnished./7·earm receive has the same ineaning as in San Diego Municipal Code section 53.18(b).
St·al' puchaser is any person who knowingly purchases or conspires to purchase firearms for purposes prohibited under 18 U.S.C. § 932(b). (d) General Requirements
) At all times during the solicitation process and term of the contract. and any extensions thereto. conractors shall be in compliance with 11 applicable state and federal laws. and. if required by state or íbderal law. shall have a valid federal firearms license. a valid State Board of Equalization seller's pennit. and a Certificate of -PAGE 4 OF 8-
ATTACHMENT D
(0-2024-]18)
Eligibility under California Penal Code section 26710, asmay be amended.
(1) Con·acors shall comply with all of the following requirements:
(A) provide proof ofall required valid licenses. permits and certificates:
(B) provide materials documenting the number of the Bureau of Alcohol. Tobacco. Firearms. and Explosives trace requests received by the contractor or each year within the past five years. and the time between the sale of the firearm subject to the trace request and the crime that generated the trace request when known:
(C) provide materias documenting any theíts fotn the
contracors premises of the two most recent inspection
reports of any firearm inspection conducted by federal. state: or local agencies:
(D) provide a tre copy of the two most recent inspection reports o f any firear inspection conducted by federal. state. or local agencies; and
(E) disclose any violations from any type of inspection conducted by federal, state, or local agencies within the last live years, and provide any materials documenting
contractor's corrective actions in response to a finding of noncompliance or violation of federal, state. or local
firearms laws or regulations.
-PAGE 5 OF 8-
ATTACHMENT D
(O-2024-118)
) Contractors must explain in writing any practices or policies it has adopted, or will adopt including its iplementation process to:
(A) prevent, detect. and screen for the transfer of firearms to straw prchasers or jìrearm ira.mckers·.
(B) prevent sales to individuals prohibited by federal, state. or local law, or court order;
(C) protect against the theft of firearms and ammunition; (D) train co/ractor employees to ensure compliance with all applicable federal. state. and local laws and regulations; (E) assist law enforcement agencies in the investigation and prevention ofcriminal access to firearms: and
(F) operate a digital video surveillance system as prescribed in California Peal section 26806. as may be amended. or a
similar system. if applicable state or local law requires such assteni. for Colî' acos outside of California.
4) Con·actors that sell gun build kits: including the non-serialized uinished.firearinfi·ames or receiers and non-serialized,ßrearms. must show proof they are in compliance with San Diego Municipal Code section 53.18. and any federal. state. or local laws related to firearin precursor parts.
(e) The Purchasing Agent shall develop a process to implement this section:
including a process to assess a contractor's copliance with the requirements of this section.
-PAGE 6 OF 8-
ATTACHMENT D
(O-2024-118)
(f) The City Manager may. in their discretion waive the requirements of this section under the following circumstances:
(1) the federal. state. or local violation is minor. administrative. or similarly de minimis; or
(2) to make an emergency purchase.
Section 2. That a full reading of this ordinance is dispensed with prior to passage. a written copy having been mace available to the Council and the public prior to the day of its passage.
Section 3. That this ordinance shall take effect and be in force on the thirtieth day from and after its final passage.
APPROVED: MARA W. ELLIOTT. City Attorney
Morney
JSC:hin:jdf
04/18/2024
Or.Dept: PSE
Doc. No. 3636830
-PAGE 7 OF 8-
By
J iN st i
Deputbéit
ATTACHMENT D
(0-2024-118)
I hereby certify that the foregoing Ordinance was passed by the Council of the City of San Diego. at this meeting of JWN-2-5-2024
DIANA J.S. FUENTES
City Clerk
By , 4U LFIt
U Depu{Ÿ City Clérk
Approved:
(date) TODD GRíA. Mayor
Vetoed:
(date) TODD GLORIA. Mayor
(NOTE: The date of final passage is July 2, 2024, which represents the day this ordinance was returned to the Office of City Clerk with the Mayor's signature of approval.)
-PAGE 8 OF 8-
ATTACHMENT D
(O-2024-118)
STRIKEOUT ORDINANCE
OLD LANGUAGE: elu
NEW LANGUAGE: Double Underline
ORDINANCE NUMBER O- (NEW SERIES)
DATE OF FINAL PASSAGE
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 3,
DIVISION 00 OF THE SAN DIEGO MUNICPAL CODE BY
ADDING SECTION 53.32, RELATING TO CONTRACTS
WITH VENDORS OF FIREARMS OR AMMUNITION.
453.32 Procurement of Firearms and Ammunition
(a) Purpose and Intent. [t is the purpe and intent ofthís section that the Cit of San Diego develop proçurement practices for firearm and ammunition purchases to reduce gun violence and protect puhlic health and safety. (b) Applicability. This section applies to any contct solicited, entered into awarded, amended, renewd, or exteded, after t·l effective date of thiâ section. Contractors shall comply with this section during.the solicitati process and term of the contract.
(c) Definitions - For purposes o f this section. defined terms appear in ita lies.
The followin definitions apply in this section.
Contractor has the same meaning as in San Diego Municipal Code section
22.0802.
Firearm traflcker is any person who violates. or is convicted of violating, 18 U.S.C. § 933.
Non-se-ializedrearm has the same meaning as in San Diego Municial Code section 53.18(b).
-PAGE 1 OF 4-
ATTACHMENT D
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ATTACHMENT D
(O-2024-118)
í provide materials documenting any thefts from the
contractor premises of the two most receot inspection reports of any firearm inspection conducted by federal
state, or local agencies;
í D provide a true copy of the two most recent inspection reports of any firearm inspection conducted by federal
state. or local aencies: and
(E disclose any violations from any type of inspection
conducted by federal, state, or local aencies within the last five years and provide any materials documenting
contractor 's corrective actions in response to a finding of noncompliance or violation of federal, state, or local
firearms laws or regulations.
l Contractors must explain in writing any practies or policies it has adopted, or will adopt, including its implementation process, to:
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applicable federal, state, and local laws and regulations· -PAGE 3 OF 4-
ATTACHMENT D
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ATTACHMENT D
JUN 2 5 2024
Passed bythe Council of The City of San Diego on , by the following vote:
Councilmembers Yeas Nays Not Present Recused
Joe LaCava
Jennifer Campbell 0
Stephen Whitburn
Henry L. Foster Ill
Marni von Wilpert
O El
Kent Lee
Raul A. Campillo
Vivian Moreno
Sean Elo-Rivera 0 0
J UL 0 2 2024Date of final passage
AUTHENTICATED BY:
TODD GLORIA
Mayor of The City of San Diego, California.
DIANA J.S. FUENTES
(Seal) City Clerk of The City of San Diego, California.
By r , Deputy
1 HEREBY CERTIFY that the foregoing ordinance was not finally passed until twelve calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on JUN 0 4 2024
, and on UL 0 2 2024
1 FURTHER CERTIFY that said ordinance was read in full priorto passage orthat such reading was dispensed with by a vote of five members of the Council, and that a written copy of the-ordinance was made available to each member of the Council and the public prior to the day of its passage.
DIANA J.S. FUENTES
(Seal) City Clerk of The City of San Diego, California.
By Š , Deputy
Office of the City Clerk, San Diego, California
21826Ordinance Number 0-
ATTACHMENT D