DRAFT 11/30/2022 _____
1 ORDINANCE NO. _______
A N O R D I N A N C E O F T H E C I T Y C O U N C I L O F T H E C I T Y OF SUNNYVALE ADOPTING SECTION 9.44.070
(POSSESSION OF FIREARMS ON CITY PROPERTY),
SECTION 9.44.080 (CARRYING CONCEALED FIREARMS
IN SENSITIVE PLACES) AND SECTION 9.44.090
( S E V E R A B I L I T Y ) O F C H A P T E R 9 . 4 4 ( F I R E A R M S ) O F TITLE 9 (PUBLIC PEACE, SAFETY OR WELFARE) OF
THE SUNNYVALE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SUNNYVALE FRINDS AND DECLARES AS FOLLOWS:
WHEREAS, the city has compelling interests in protecting both individual rights and public safety and to protect its residents’ rights to keep and bear arms while also protecting the public’s health and safety in the city by reducing the number of people killed, injured, and traumatized by gun violence; protecting the exercise of other fundamental rights, including the right to worship, attain an education, vote, and peaceably assemble and demonstrate; ensuring that law enforcement is able to effectively do its job; and combating terrorism; and WHEREAS, the city has compelling interests to protect the safety of city employees and members of the public who congregate at, or visit, city property, including city parks, buildings, and facilities; to enable the public to visit the city property without fear of firearm violence or accidental firearm-related injuries; reduce the potential for firearm-related fatalities and injuries on city property; reduce security costs and minimize city liability for injuries or deaths on city property caused by firearms; and prevent city property from being used to facilitate activities that can endanger public safety and health; and
WHEREAS, the incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the nation, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County (Aug. 12, 2022), which notes that the age-adjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past decade; and WHEREAS, according the Gun Violence Archive ( https://www.gunviolencearchive.org), California experienced on average of 44 mass shootings (defined as an incident that kills or injures four or more people) per year between 2013 and 2021; in Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded); and
WHEREAS, while the United States Supreme Court has made clear that the Second Amendment to the United States Constitution imposes some restrictions on states’ ability to regulate firearms, it has recognized that the Second Amendment to the United States Constitution is not a Attachment 1
2 “regulatory straightjacket.” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, 2133.
Indeed, the Second Amendment allows States to adopt a “‘variety’ of gun regulations.” N.Y. State Rifle & Pistol Ass’n (2022), 142 S. Ct. 2111, 2162. And when it comes to restrictions on carrying firearms in public, the United States Supreme Court has recognized three times that states may restrict the carrying of firearms in “sensitive places.” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, 2133; see also McDonald v. City of Chicago (2010) 561 U.S. 742, 786; District of Columbia v. Heller (2008) 554 U.S. 570, 626.
NOW, THEREFORE, THE CITY COUNCIL OF THE C ITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. SECTION 9.44.070 ADDED. Section 9.44.070 (Possession of Firearms on City Property) of Chapter 9.44 (Firearms) of Title 9 (Pub lic Peace, Safety or Welfare) is hereby adopted to read as follows:
9.44.070. Possession of firearms on city property.
(a) Purpose and intent. The purpose of this section is to protect the safety of city employees and members of the public who congregate at, or visit, city property, including city parks, buildings, and facilities; to enable the public to visit the city property without fear of firearm violence or accidental firearm-related injuries; reduce the potential for firearm- related fatalities and injuries on city property; reduce security costs and minimize city liability for injuries or deaths on city property caused by firearms; and prevent city property from being used to facilitate activities that can endanger public safety and health. (b) Definitions. The following words and phrases, as used in this section, are defined as followed:
(1) “City property” means real property, including any buildings thereon, owned or leased by city, and in the city's possession. “City property” does not include any public right-of-way owned by the city, including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, expressways, and ways within the city. (2) "Firearm" means any gun, pistol, revolver, rifle, or any device that is designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms, BB guns, or air rifles as defined in Government Code Section 53071.5 or any successor legislation. (c) Possession of firearms on city property unlawful. It shall be unlawful for any person to bring onto or possess a firearm on city property, whether loaded or unloaded.
Attachment 1
3 (1) This prohibition applies to persons licensed to carry a concealed firearm unless exempt under subsection (d) of this section.
(d) Exemptions. Subsection (c) does not apply to the following:
(1) A federal, state, or local law enforcement officer, or person assisting a peace officer, when such person is authorized to carry a concealed weapon or a loaded Firearm under State law or under 18 U.S.C. section 926B or section 926C or any successor legislation;
(2) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under State law; (3) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state or federal law to carry a firearm and when such persons are engaged in the exercise of their official duties on city property; (4) A person bringing or transporting an unloaded firearm onto city property to exchange, transfer, or relinquish it to law enforcement, in compliance with any city operated, approved, or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of firearms;
(5) A person delivering unloaded firearms as authorized by state or federal law, to or from law enforcement;
(6) A person lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle; or
(7) A hunter with a valid hunting license when going to or returning from a legal hunting expedition in the Don Edwards San Francisco Bay National Wildlife Refuge or other areas of the San Francisco Bay outside the boundaries of the city; provided, however, that when transiting through city property, any firearm must remain unloaded, and that any firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation.
(e) Penalties. Any person violating any of the provisions of this section shall be guilty of an infraction punishable as set forth in chapter 1.04 of this code. Subsequent violations within a twelve-month period may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
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4 SECTION 2. SECTION 9.44.080 ADDED. Section 9.44.080 (Carrying Concealed Firearms in Sensitive Places) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) is hereby adopted to read as follows:
9.44.080. Carrying concealed firearms in sensitive places. (a) Purpose and intent. The purpose and intent of this section is to define sensitive places within the city of Sunnyvale consistent with the provision ofN.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, in order to protect the public’s health and safety in the city.
(b) Definitions. The following words and phrases, as used in this section, are defined as followed:
(1) “Concealed firearm” has the meaning defined in Section 25400 of the California Penal Code or any successor legislation.
(2) “Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections26150, 26155, or 26170 of the California Penal Code. (3) “Sensitive place” means any of the following places:
(A) City property as defined in Section 9.44.070 of this code; (B) A building, real property, or parking area within the geographic boundaries of the city that is owned or leased by a public entity other than the city, where the public entity that owns or leases the property has duly authorized the city to enforce this prohibition on said property; (C) A public street or sidewalk within 1,000 feet from a public or private school, preschool, childcare facility, community college, college, university, playground, youth center, park, or polling place;
(D) A bus, train, paratransit, or other form of transportation paid for in whole or in part with public funds where the public agency that operates the transit system has duly authorized the city to enforce this prohibition; or (E) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that license holders are permitted to carry firearms on the property.
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5 (c) Prohibition of concealed firearms in sensitive places. A licensee shall not carry a firearm on or into any a sensitive place.
(d) Exemptions. Subsection (c) does not apply to the following:
(1) Possession of firearms on city property if exempt under 9.44.070(d) of this chapter;
(2) A licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation; (3) A licensee who must walk across a street or sidewalk described in subsection (b)(3)(C) of this section in order to access their residence or place of business; (4) A licensee traveling along a public right-of-way identified in subsection (b)(3)(C) if the concealed firearm is carried or transported by the licensee in accordance with all other applicable provisions of law, and the licensee does not remain in the place longer than necessary to complete their travel; (5) A licensee lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle.
(e) Penalties. Any person violating any of the provisions of this chapter shall be guilty of an infraction punishable as set forth in Chapter 1.04 of this code. Subsequent violations within a twelve-month period may, in the discretion of the city attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
SECTION 3. SECTION 9.44.090 ADDED. Section 9.44.090 (Severability) of Chapter 9.44 (Firearms) of Title 9 (Public Peace, Safety or Welfare) is hereby adopted to read as follows:
9.44.090. Severability.
If any portion of this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this zoning code. The city council declares that this section and each portion would have been adopted without regard to whether any portion of this section would be later declared invalid, unconstitutional, or unenforceable.
SECTION. 4. CEQA - EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.
SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, Attachment 1
6 sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby d
eclares that it would have passed this ordinance, and each section, subsection, sentence, clause and ph rase thereof irrespective of the fact that any one or more sections, subsec
tions, sentences, clauses or phrases be declared invalid.
SECTION 6. EFFE CTIVE DATE. This ordinance sh all be in full force and effect thirty (30)
days from and after the date of its adoption.
SECTION 7 . POSTING AND PUBLICATION. The City Clerk i s directed to caus e copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official publication of legal notices of the City of Sunnyvale, of a n
otice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance
Introduced at a regular meeting of the City Council held on _________, and adopted as an ordinance
of the City of Sunnyvale at a regular meeting of the City Council held on ____________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
City Clerk
Date of Attestation: _______________________
Mayor
(SEAL)
APPROVED AS TO FORM:
________________________________________
City Attorney
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