Title
Ordinance adopting Chapter 10.58 of the Municipal Code to require the safe storage of firearms in a residence
body
WHEREAS, having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death; and
WHEREAS, according to a 2008 report published in the New England Journal of Medicine, living in a home where guns are kept increased an individual’s risk of death by homicide by between 40% and 170%; and
WHEREAS, a 2004 national study determined that the presence of guns in the home increased an individual’s risk of death by homicide by 90%; and
WHEREAS, firearm injuries have a significant public health impact; and
WHEREAS, according to a 2015 study, researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year, including $8.6 billion in direct expenses such as those for emergency and medical care; and
WHEREAS, in California, the direct costs of hospital use for firearm assault injuries alone was estimated at $87.4 million in 2010, and 65% of these costs were borne by taxpayers; and
WHEREAS, children are particularly at risk of injury and death from firearms when firearms are not safely secured in their own homes or in homes they visit, and according to national data, children and young adults (24 years of age and under) constitute 38% of all firearm deaths and non-fatal injuries; and
WHEREAS, more than 75% of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 year of age) were stored in the residence of the victim, a relative, or a friend; and
WHEREAS, 89% of accidental shooting deaths among children occur in the home, and most of these deaths occur when children are playing with an unsecured loaded gun in
their parents’ absence; and
WHEREAS, applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death; and
WHEREAS, keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission, and this simple measure significantly decreases the risk that the gun will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally; and
WHEREAS, safe storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored; and
WHEREAS, more local community action is needed to prevent gun violence; and
WHEREAS, in San Mateo County, there have been 301 gun-related deaths over the past 10 years; and
WHEREAS, according to data collected in 2018 by the Citizens for a San Mateo County Gun Buy Back from participants at two separate gun buy back events, a majority of respondents reported “hiding [the gun] in a discrete location” and/or “keeping it unloaded” as a safety measure, even though these methods are not generally considered safe storage. A large number of respondents (27% in May 2018 and 60% in December 2018) reported that they surrendered the firearms for “safety reasons,” and nearly half of respondents indicated that they did not know how to properly store an inherited firearm; and
WHEREAS, safe storage ordinances are in effect in at least 14 California municipalities, including Belvedere, Berkeley, Los Angeles, Moraga, Morgan Hill, Oakland, Orinda, Palm Springs, San Francisco, San Jose, Santa Cruz, Sunnyvale, Saratoga, and Tiburon; and
WHEREAS, the County of San Mateo Board of Supervisors recently adopted an ordinance adding chapter 3.54 of the San Mateo County Ordinance Code to require the safe storage of firearms; and
WHEREAS, the City Council wishes to adopt South San Francisco Municipal Code Chapter 10.58 to provide specific requirements for safe storage of firearms in a residence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
SECTION 2. Adoption of Title 10, Chapter 58
The City Council hereby adopts Chapter 10.58 (“Firearm Safe Storage”) of Title 10 of the South San Francisco Municipal Code to read as follows:
Chapter 10.58 FIREARM SAFE STORAGE
10.58.010 Findings and Purpose.
10.58.020 Definitions.
10.58.030 Safe storage of firearms in a residence required.
10.58.040 Penalty.
10.58.050 Amount of Civil Penalties.
10.58.010 Findings and Purpose.
The city council finds and determines that:
1. Firearm injuries have a significant public health impact; and
2. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission, and this simple measure significantly decreases the risk that the firearm will be used to commit suicide, homicide, or inflict injury, whether intentionally or unintentionally.
The purpose of this chapter is to require the safe storage of firearms in a residence.
10.58.020 Definitions.
a) “Firearm” means a firearm as defined in California Penal Code, Section 16520.
b) “Locked Container” means a Locked Container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices. For purposes of this chapter, a Locked Container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.
c) “Residence” means any structure intended or used for human habitation, including but not limited to houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs.
d) “Trigger lock” means a trigger lock that is listed on the California Department of Justice's roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code section 23635.
10.58.030 Safe Storage of firearms in a residence required.
a) Except when carried on the person, no person shall keep a Firearm in any Residence unless the Firearm is stored in a Locked Container or is disabled with a Trigger Lock.
b) To encourage reporting of lost or stolen Firearms, a person who complies with California Penal Code section 25250 by reporting the loss or theft of a Firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the Firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).
10.58.040 Penalty.
A violation of this section shall be subject to enforcement through criminal prosecution and/or civil penalties, as provided herein.
a) Violation a Misdemeanor. A person who violates this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding one thousand dollars ($1,000.00), or by both.
b) Civil Penalties. The city may pursue any civil remedies available under the law.
c) Separate Offense. Each violation shall be deemed a distinct and separate offense. Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of a violation.
10.58.050 Amount of Civil Penalties
The amount of a penalty imposed for any violation of this Chapter shall be $100.00 for a first violation, $200.00 for a second violation within twelve (12) months, and $500.00 for third and additional violations within twelve (12) months.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance
* * * * *