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C441FOaN`p CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 7, 2016 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCE AMENDING CHAPTER 11.16 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO FIREARMS AND FIREARM
SAFETY REGULATIONS.
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk
SUMMARY
The City Council will consider the introduction of an ordinance relating to firearms and
firearm safety regulations.
RECOMMENDATION:
Waive reading of the ordinance text and introduce by title only for first reading
Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.16 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO FIREARMS."
STAFF ANALYSIS:
At the meeting of July 6, 2016, the City Council discussed a proposed ordinance for the
regulation of firearms and firearm safety regulations. The City Council directed the City
Attorney to amend the ordinance to remove certain provisions recently adopted by State
law.
The City Attorney has revised the proposed ordinance and Staff is recommending the
City Council introduce the proposed ordinance for first reading.
Additionally, City Staff is committed to work with the Palm Springs Police Department,
firearm and ammunition dealers, the School District, and others to educate the public
regarding the requirements of the ordinance.
ITEM NO..__bk —_
City Council Staff Report
September 7, 2016 -- Page 2
Rules of Procedure
FISCAL IMPACT:
Minimal fiscal impact for the public education activities.
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ES THOMPSON DAVID H. READY
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thief of Staff/City Clerk City Manager
Attachments:
Proposed Ordinance
Staff Report July 6, 2016
02
Draft Ordinance
Page 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 11.16 OF THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO
FIREARMS.
City Attorney's Summary
This Ordinance amends the City's existing provisions of the
Palm Springs Municipal Code relating to weapons by
imposing certain requirements related to firearms including:
1) reporting to police, within 48 hours, known loss or theft of
a firearm; 2) storing firearms in residences in a locked
container or disabling them with a trigger lock when not in
the owner's immediate possession; and 3) requiring
concealed weapon licensees to safely store firearms when
left in automobiles.
Section 1: Chapter 11.16 of the Palm Springs Municipal Code, previously entitled
"Weapons," is amended in its entirety to read:
Chapter 11.16 Firearms
11.16.005 Definitions
"Concealed carry licensee" means a person licensed or otherwise authorized to carry a
concealable firearm pursuant to California Penal Code Section 26150 et seq.
"Firearm" means any device, designed to be used as a weapon, from which is expelled
through a barrel, a projectile by the force of any explosion or other form of combustion.
"Locked Container" means a secure container that is fully enclosed and locked by a
padlock, key lock, combination lock, or similar locking device as defined by California
Penal Code Section 16850. For purposes of this Chapter, it also includes a lock box that
is listed on the California Department of Justice Bureau of Firearms roster of approved
firearm safety devices. For purposes of this Chapter, it does not include a bag or other
container made of fabric or other penetrable material, such as a regular purse,
backpack, or gym bag.
"Residence" means any structure intended or used for human habitation, including but
not limited to, houses, condominiums, rooms, motels, and time-shares. For purposes of
this ordinance, it also includes a garage which is enclosed within or located adjacent to
such a structure and which is not open to the public.
1179170.1 03
Draft Ordinance
Page 2
11.16.010 Shooting Without Permit.
It is unlawful for any person except a "peace officer" as defined in Sections 830
et seq., of the Penal Code of California, as may be amended from time to time, in the
performance of duties or a person acting in self-defense or in defense of others, within
the city of Palm Springs, to discharge any cannon, firearm, air-gun, or any instrument of
any kind, character, or description which throws or projects bullets or missiles of any
kind, to any distance, by means of explosion, combustion, release of compressed air or
gas, or otherwise, without first having obtained a permit to do so granted by the Chief of
Police; or to make or use, any slingshot in any manner causing danger to or annoyance
of any person or injury to property.
11.16.020 Shooting permit—Application—Granting—Denial.
Application for such permission shall be made in writing to the Chief of Police
who shall grant such permission only if the Chief of Police determines that a substantial
public interest or a compelling private need will be served thereby, and also that the
shooting, if permitted cannot foreseeably result in any injury, disturbance, annoyance or
hazard to any person or result in any damage to property other than that of the
permittee, and further that it will in no way unnecessarily jeopardize or seriously menace
the public peace, health or safety. In any case where the Chief of Police grants a permit,
the Chief of Police may attach whatever conditions and terms as in his or her opinion
are necessary or appropriate in order to carry out the objectives stated in this Section.
No permittee exercising the privilege granted by any such permit, shall fail, refuse, or
neglect to strictly comply with all conditions and terms the Chief of Police may have
attached thereto.
11.16.030 Shooting Permit—Exemptions.
Sections 11.16.010 and 11.16.020 shall not apply to any peace officer, either
federal, state, county, or municipal, acting in line of duty, or engaged in target practice
at any range regularly established for such officers, nor to the operators or patrons of
any shooting gallery, skeet club or target range holding a permit from the city building
inspector and city business license for the conduct thereof.
11.16.040 Duty to Report Theft or Loss of Firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section
16520 or as amended) shall report the theft or loss of the firearm to the Police
Department of the City of Palm Springs within forty-eight (48) hours of the time he or
she knew or reasonably should have known that the firearm had been stolen or lost,
whenever: (1) the person resides in the city of Palm Springs; or (2) the theft or loss of
the firearm occurs in the City of Palm Springs.
11791M1 04
Draft Ordinance
Page 3
11.16.045 Safe Storage of Firearms.
Except when carried on his or her person, or in his or her immediate control and
possession, no person shall keep a firearm (as defined in Penal Code Section 16520 or
as amended) in any residence owned or controlled by that person unless the firearm is
stored in a locked container, or the firearm is disabled with a trigger lock that is listed on
the California Department of Justice's list of approved firearms safety devices.
11.16.050 Safe Storage of Firearms in an Unattended Automobile Required
It is unlawful for persons, including those licensed or otherwise authorized to
carry a concealable firearm pursuant to California Penal Code Section 26150 et seq., to
leave a concealable firearm or ammunition in an unattended automobile within the City
of Palm Springs in a public right of way unless the firearm or ammunition is stored in a
locked container.
11.16.060 Penalties and Remedies
(a) A violation of any provision of this Chapter shall be subject to enforcement
through criminal prosecution and/or civil remedies as provided herein.
(1) A person who violates this Chapter shall be guilty of a
misdemeanor punishable pursuant to the provisions of Section 1.01.160 of
this Code and each day or portion thereof that a person maintains and/or
continues such violation to continue shall constitute a separate and
subsequent offense as provided in Section 1.01.150 of this Code.
(2) The City may assess civil penalties in the amount of one thousand
dollars ($1,000.00) per violation and each day or portion thereof that a
person maintains and/or continues such violation to continue shall
constitute a separate and subsequent offense as provided in Section
1.01.150 of this Code.
(b) Remedies under this Chapter are cumulative and not exclusive. They are
in addition to and do not supersede or limit other administrative, civil, and/or criminal
remedies provided under state or federal law, or other provisions of the Palm Springs
Municipal Code. The City may seek an order for the award of attorney's fees.
Section 2. In the event that any California statute adopted or referred to in this
Chapter is amended or succeeded by another enactment of the California Legislature,
such amendments shall be deemed automatically adopted as part of this Chapter as if
fully set forth herein unless the City Council amends this Chapter to provide otherwise.
Section 3. If any provision of this Ordinance is held to be invalid or unconstitutional
by any court of competent jurisdiction within the State of California, such decision shall
not affect the validity of the remaining provisions. The City Council declares that it would
1179170.1 n F
Draft Ordinance
Page 4
have adopted the remaining provisions irrespective of the provisions, sections,
sentences, clauses, or words declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF 12016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Urgency Ordinance No. is a full, true and correct copy, and was introduced and
adopted at a regular meeting of the Palm Springs City Council on the _ day of
2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
06
1179170.1
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A Better Palm Springs
2616 SEP -7 AM 9: 01
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CITY CLERK
Recipient Palm Springs City Council
Letter: Greetings,
Dear Palm Springs City Council Members,
In light of recent shootings, including two drive by shootings in Palm Springs
including one on Palm Canyon Drive outside of the Village Pub, a group of
concerned Palm Springs residents are coming together to support reasonable,
common sense solutions.
The proposed Gun Safety Ordinance has three simple provisions: it ensures that
lost or stolen guns are reported to the Palm Springs Police; that guns not in the
owners' possession or control either have a trigger lock or be kept in a locked
cabinet; and requires all guns in unattended vehicles be kept in a locked trunk or
other locked and secure container.
This Ordinance is about gun safety, it will not limit anyone's right to buy and own a
gun.
Last year, 13,000 Americans were killed by gun violence including over 750
children —that is more than two children killed by guns a day. Studies have
demonstrated that securing guns when not in the owner's possession or control
can have a significant impact. According to the U.S. Secret Service and U.S.
Department of Education, in more than 65% of school shootings, the attacker
obtained the gun from their home or the home of a friend or relative. Use of trigger
locks or other methods to secure guns has also been proven to dramatically
reduce accidental shootings and suicides, especially among youth.
The three gun safety measures being proposed have been upheld as
constitutional in a federal district court in California. They are currently the law in
several cities. It is time for Palm Springs to set an example.
As we have in the past on other issues, Palm Springs needs to take a leadership
role. We need act now to protect our residents from the violence that has taken
over so many other communities. Palm Springs will show that we are a community
that has come together to not just realize the problem but also to act on it.
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AJAJion
The NRA is a powerful lobby with deep pockets. They are already fighting to
defeat these reasonable protections that are so badly needed. They have already
threatened to sue Palm Springs if the measure passes in an attempt to pressure
the Council from voting for it.
Please don't give into the NRA's bullying tactics!
Vote Yes on Gun Safety! Vote Yes on Saving Lives!
Signatures
Name Location Date
A Better Palm Springs Palm Springs, CA, United States 2016-08-13
Ruth Debra Palm Springs, CA, United States 2016-08-13
Geoffrey Kors Palm Springs, CA, United States 2016-08-13
Paul Zak Palm Springs, CA, United States 2016-08-13
Michael Walsh Palm Springs, CA, United States 2016-08-13
Art Copleston Palm Springs, CA, United States 2016-08-13
john cates Palm Springs, CA, United States 2016-08-13
Thomas Stansbury Palm Springs, CA, United States 2016-08-13
Peter East Palm Springs, CA, United States 2016-08-13
Robert Reed Palm Springs, CA, United States 2016-08-13
Denise Janssen Eager Palm Springs, CA, United States 2016-08-13
William Smith Palm Springs, CA, United States 2016-08-13
Chris Eager Palm Springs, CA, United States 2016-08-13
James Williamson Palm Springs, CA, United States 2016-08-13
Jim Gross Palm Springs, CA, United States 2016-08-13
Sheila Miller Palm Springs, CA, United States 2016-08-13
Ronald Siegel Palm Springs, CA, United States 2016-08-13
Jerry Sanfilippo Palm Springs, CA, United States 2016-08-13
Laura Janes Palm Springs, CA, United States 2016-08-13
Gloria Kapp Palm Springs, CA, United States 2016-08-13
Stewart Sokol Palm Springs, CA, United States 2016-08-14
Jay Michalsky Las Vegas, NV, United States 2016-08-14
Jeff Pluth Palm Springs, CA, United States 2016-08-14
John Thatcher Palm Springs, CA, United States 2016-08-14
Matt Robinson Palm Springs, CA, United States 2016-08-14
Carol Balasa Palm Springs, CA, United States 2016-08-14
Rick Capnerhurst Los Angeles, CA, United States 2016-08-14
Jeffrey Bernstein Palm Springs, CA, United States 2016-08-14
Sandra Eldridge Palm Desert, CA, United States 2016-08-14
Les Zendle Palm Springs, CA, United States 2016-08-14
Name Location Date
Ellen Lockert Bainbridge Island, WA, United States 2016-08-14
Doug Hairgrove Palm Springs, CA, United States 2016-08-14
Edmundo Gomez Washington, DC, United States 2016-08-14
Rosie Fiorentino Cathedral City, CA, United States 2016-08-14
Linda Levy Cathedral City, CA, United States 2016-08-14
Stacy Eder Palm Springs, CA, United States 2016-08-14
Warren Wood Palm Springs, CA, United States 2016-08-14
Al Jones Palm Springs, CA, United States 2016-08-15
Brad Oliver Palm Springs, CA, United States 2016-08-15
Ron Wallen Palm Springs, CA, United States 2016-08-15
Susan LeMaster Palm Springs, CA, United States 2016-08-15
Adam Weber Hood River, OR, United States 2016-08-15
Bill Wukitz sarasota, FL, United States 2016-08-15
Dorea Smith Palm Desert, CA, United States 2016-08-15
Pam Covington La Quinta, CA, United States 2016-08-15
Joni Padduck Indio, CA, United States 2016-08-15
Donna Shepherd Palm Springs, CA, United States 2016-08-18
Suzan Wilkinson Palm Desert, CA, United States 2016-08-18
Eileen Stern Palm Springs, CA, United States 2016-08-18
R Weingard Palm Springs, CA, United States 2016-08-18
Jean Tello Palm Springs, CA, United States 2016-08-18
MARLENE LEVINE LA QUINTA, CA, United States 2016-08-18
Carlos Avalon Palm Springs, CA, United States 2016-08-18
Debra Vogler Palm Desert, CA, United States 2016-08-18
Cathie Snyder La Quinta, CA, United States 2016-08-18
nancy laytham Laytham Indian Wells, CA, United States 2016-08-18
Heather McKenzie-Davidson Indian Wells, CA, United States 2016-08-18
Paola Cressler Indio, CA, United States 2016-08-18
Christina Holstege Sacramento, CA, United States 2016-08-18
Lauea Ramsey La Quinta, CA, United States 2016-08-18
Mary Davey Schambach Rancho Mirage, CA, United States 2016-08-18
leslie mark Palm Desert, CA, United States 2016-08-18
Name Location Date
Sharon Perica Palm Desert, CA, United States 2016-08-18
Carole Wayne La Quinta, CA, United States 2016-08-18
Doran Porter Palm Springs, CA, United States 2016-08-18
Laurence fechter Palm Springs, CA, United States 2016-08-18
Elaine Fischer Roanoke, VA, United States 2016-08-18
Jon Sage Desert Hot Springs, CA, United States 2016-08-18
Kendra Bradford La Mesa, CA, United States 2016-08-18
Alison Roxby Seattle, WA, United States 2016-08-18
Patricia Colognesi Palm Springs, CA, United States 2016-08-18
Doug OOostdyk Palm Springs, CA, United States 2016-08-18
Patrick Bewley Palm Springs, CA, United States 2016-08-19
Donald Beck Palm Springs, CA, United States 2016-08-19
Sue Leikam Indio, CA, United States 2016-08-19
Alex McCune Palm Springs, CA, United States 2016-08-19
Maxine Marcellin Indio, CA, United States 2016-08-19
Lynae Steinhagen Cathedral City, CA, United States 2016-08-19
Joanne Helms Desert Hot Springs, CA, United States 2016-08-19
Robert Graney Palm Springs, CA, United States 2016-08-20
Myrta Aponte Palm Springs, CA, United States 2016-08-20
Kristen Matheson 2016-08-20
steve wachs Palm Springs, CA, United States 2016-08-20
DEBBYANSPACH Palm Springs, CA, United States 2016-08-20
Gerald Hogsett Palm Springs, CA, United States 2016-08-21
Gerald Hogsett Palm Springs, CA, United States 2016-08-21
Paula Boydston La Quinta, CA, United States 2016-08-22
Joaquin Galeano Palm Springs, CA, United States 2016-08-22
K E Palm Springs, CA, United States 2016-08-22
Mark Davis Palm Springs, CA, United States 2016-08-22
David Liggett Palm Springs, CA, United States 2016-08-22
Austin B Lakealnd, FL, United States 2016-08-24
William David Cathedral City, CA, United States 2016-08-24
Bill Souza Desert Hot Springs, CA, United States 2016-08-25
Name Location Date
Renee Heller Indio, CA, United States 2016-08-25
Larry Murphy Palm Springs, CA, United States 2016-08-25
David Corse Cathedral City, CA, United States 2016-08-25
David Buck Palm Springs, CA, United States 2016-08-25
Ruth Kuhlemeier Indio, CA, United States 2016-08-25
Michael Brill Palm Springs, CA, United States 2016-08-25
June Pariano La Quinta, CA, United States 2016-08-25
Nancy Gall Beaumont, CA, United States 2016-08-25
Daniel Smith Palm Springs, CA, United States 2016-08-25
Linda Shestock Palm Springs, CA, United States 2016-08-25
David DuFault La Quinta, CA, United States 2016-08-25
Michael Johnson Palm Springs, CA, United States 2016-08-25
Cindy Greever Palm Springs, CA, United States 2016-08-25
Philip Flemion Palm Desert, CA, United States 2016-08-25
Sissy Wallach Palm Springs, CA, United States 2016-08-25
Mary Pons Palm Springs, CA, United States 2016-08-25
Lori Cohen-Sanford Palm Springs, CA, United States 2016-08-25
Charles Robbins Palm Springs, CA, United States 2016-08-25
D. Chaban-Delmas Palm Springs, CA, United States 2016-08-25
Christopher Heritage Palm Springs, CA, United States 2016-08-25
Miguel Navarro Palm Springs, CA, United States 2016-08-25
Darrell Tucci Los Angeles, CA, United States 2016-08-25
michael Wagner Palm Springs, CA, United States 2016-08-25
Anita Hoag Rancho Mirage, CA, United States 2016-08-25
Les Young Palm Springs, CA, United States 2016-08-25
Brian Buchan Palm Springs, CA, United States 2016-08-25
Al Sophianopoulos Palm Springs, CA, United States 2016-08-25
Mark Marshall Palm Springs, CA, United States 2016-08-25
mark meyer East Haddam, CT, United States 2016-08-25
Stephen Brown Palm Springs, CA, United States 2016-08-25
Jaison Bourne Tucson, AZ, United States 2016-08-25
Ken Alterwitz Palm Springs, CA, United States 2016-08-25
Name Location Date
Gary Soto Palm Springs, CA, United States 2016-08-25
Robert Findley Palm Springs, CA, United States 2016-08-25
Harry R Courtright Palm Springs, CA, United States 2016-08-26
Sean Chuckas Palm Springs, CA, United States 2016-08-26
Tiffani LoBue Palm Springs, CA, United States 2016-08-26
Terry Cook Upland, CA, United States 2016-08-26
Amalia Deaztlan Indio, CA, United States 2016-08-26
Bryan Wilson Palm Springs, CA, United States 2016-08-26
Jeannine Gonzales Twentynine Palms, CA, United States 2016-08-26
Casey Strachan Palm Springs, CA, United States 2016-08-26
Marilyn Rockwell la quinta, CA, United States 2016-08-26
Suzanne Smith Cathedral City, CA, United States 2016-08-26
Bill Clintworth Los Angeles, CA, United States 2016-08-26
David Feltman Palm Springs, CA, United States 2016-08-26
Frances Miller Rancho Mirage, CA, United States 2016-08-26
Lynda MARTIN Palm Desert, CA, United States 2016-08-26
Brad Hudson Palm Springs, CA, United States 2016-08-26
John Buck Palm Springs, CA, United States 2016-08-26
Melanie Fernandez Rancho Mirage, CA, United States 2016-08-26
Ellen Kearney Palm Desert, CA, United States 2016-08-26
Roberta Kay Palm Desert, CA, United States 2016-08-26
John Monahan Agoura Hills, CA, United States 2016-08-26
C McDaniel Palm Desert, CA, United States 2016-08-26
Patricia Patterson Palm Desert, CA, United States 2016-08-26
Kenny Cassady Palm Springs, CA, United States 2016-08-26
David Lahti Palm Springs, CA, United States 2016-08-26
Charlotte Duplay Palm Springs, CA, United States 2016-08-26
BOB WARBURTON Cathedral City, CA, United States 2016-08-26
Jim Knauss Palm Springs, CA, United States 2016-08-26
Cantor Sam Radwine Palm Springs, CA, United States 2016-08-26
David Kannel Palm Springs, CA, United States 2016-08-26
GARY SCOTT Palm Springs, CA, United States 2016-08-26
Name Location Date
Jaime Rook Palm Springs, CA, United States 2016-08-26
betty walbridge Palm Desert, CA, United States 2016-08-26
Aleena Commandeur Rancho Mirage, CA, United States 2016-08-26
dorys forray Indio, CA, United States 2016-08-26
Marc Sweet Palm Springs, CA, United States 2016-08-26
Alan Spano Palm Springs, CA, United States 2016-08-26
Barbara Grewell Musson Palm Springs, CA, United States 2016-08-26
David Balinsky Palm Springs, CA, United States 2016-08-26
Alexander Boecker Palm Springs, CA, United States 2016-08-26
Timothy Sigle Palm Springs, CA, United States 2016-08-26
David Freedman Palm Springs, CA, United States 2016-08-26
Guy Sands Cathedral City, CA, United States 2016-08-26
Rick Zbur Palm Springs, CA, United States 2016-08-26
Jason Freed Palm Springs, CA, United States 2016-08-26
Barbara Bradley Indio, CA, United States 2016-08-27
Rita Uribe Indio, CA, United States 2016-08-27
T Santora Palm Springs, CA, United States 2016-08-27
Jerry Malamud San Diego, CA, United States 2016-08-27
Scott Fleming Palm Springs, CA, United States 2016-08-27
Brian Rix Palm Springs, CA, United States 2016-08-27
Kenny Irwin Palm Springs, CA, United States 2016-08-27
Joseph McCormack Los Angeles, CA, United States 2016-08-27
Helen Lamczyk Palm Springs, CA, United States 2016-08-27
vincent oanariello Indio, CA, United States 2016-08-27
Larry Fulton Palm Springs, CA, United States 2016-08-27
Mark Hawk Palm Springs, CA, United States 2016-08-27
Edward J Dietrich Palm Springs, CA, United States 2016-08-27
Jim Patrick Palm Springs, CA, United States 2016-08-27
Harold Jackson Palm Springs, CA, United States 2016-08-27
Howard Friedlander Indio, CA, United States 2016-08-27
John Barton Indio, CA, United States 2016-08-27
William Shaw Palm Springs, CA, United States 2016-08-27
Name Location Date
Susan Almlie Indio, CA, United States 2016-08-28
Mary Jordan Indio, CA, United States 2016-08-28
Christine Hammond Palm Springs, CA, United States 2016-08-28
L Scott Glover Palm Springs, CA, United States 2016-08-28
Ray Fleitas San Francisco, CA, United States 2016-08-28
Rosalind Bastone Indio, CA, United States 2016-08-28
Charles Robards Palm Springs, CA, United States 2016-08-28
Rod Woodfield@cox.net Dana Point, CA, United States 2016-08-28
shel w Palm Springs, CA, United States 2016-08-29
Kathe Tuggey Indio, CA, United States 2016-08-29
Michael McGuire La Quinta, CA, United States 2016-08-29
Christopher Kelly Palm Springs, CA, United States 2016-08-29
Loyd Newman Palm Springs, CA, United States 2016-08-29
Danny Fierro Palm Springs, CA, United States 2016-08-30
Janice Ensminger La Quinta, CA, United States 2016-08-30
Kathleen Weremiuk Palm Springs, CA, United States 2016-08-30
Matthew Capuano-Rizzo Vienna, VA, United States 2016-08-31
Jack Delaney Palm Springs, CA, United States 2016-09-02
John-Paul Valdez Desert Hot Springs, CA, United States 2016-09-02
Frank Tinney Palm Springs, CA, United States 2016-09-02
Manon Findley Palm Springs, CA, United States 2016-09-02
Dee Jae Cox Palm Springs, CA, United States 2016-09-02
James McDivitt Palm Springs, CA, United States 2016-09-02
Wayne Burcham-Gulotta Palm Springs, CA, United States 2016-09-02
Karen Ellis Palm Springs, CA, United States 2016-09-02
Ellyn Ruttan Palm Springs, CA, United States 2016-09-02
ROBERT Yates Palm Springs, CA, United States 2016-09-02
Lisa Middleton Palm Springs, CA, United States 2016-09-02
Ann Sheffer Palm Springs, CA, United States 2016-09-02
Richard Griffith Palm Springs, CA, United States 2016-09-02
Peter michael Johnston Palm Springs, CA, United States 2016-09-02
Brian Webb Palm Springs, CA, United States 2016-09-02
Name Location Date
Robert Zimmerman Palm Springs, CA, United States 2016-09-02
Mary Cardas Palm Desert, CA, United States 2016-09-02
Bill Nicholson Cathedral City, CA, United States 2016-09-02
Melissa Cronin Palm Springs, CA, United States 2016-09-02
David O'Connor Palm Springs, CA, United States 2016-09-02
Kevin Rice Palm Springs, CA, United States 2016-09-02
Denise Neil Palm Desert, CA, United States 2016-09-02
Dan Barber Palm Springs, CA, United States 2016-09-02
Jeffrey Gilson Los Angeles, CA, United States 2016-09-02
Michael Reandeau Palm Springs, CA, United States 2016-09-02
Stephen Clarke Palm Springs, CA, United States 2016-09-03
Roger Tansey Palm Springs, CA, United States 2016-09-03
Chris Paddock Palm Springs, CA, United States 2016-09-03
Kate Castle Palm Springs, CA, United States 2016-09-03
Jaymee Swain palm springs, CA, United States 2016-09-03
Dana Tillman Palm Springs, CA, United States 2016-09-03
charlie LaMorte Palm Springs, CA, United States 2016-09-03
Norman. (Buzz) Steussy Palm Springs, CA, United States 2016-09-03
Anna factor Palm Springs, CA, United States 2016-09-03
Jennifer Futterman Palm Springs, CA, United States 2016-09-03
John Kelly Palm Springs, CA, United States 2016-09-03
Madison Valencia Tualatin, OR, United States 2016-09-03
Eddie Goodwin Palm Springs, CA, United States 2016-09-03
Tareef Talala Palm Springs, CA, United States 2016-09-03
Scott Smith Palm Springs, CA, United States 2016-09-03
Peter Gordon Long Beach, CA, United States 2016-09-03
Christine Brown Palm Springs, CA, United States 2016-09-03
Charlene Faris San Clemente, CA, United States 2016-09-03
Elizabeth Van Zandt Indio, CA, United States 2016-09-03
Robert Maietta Palm Springs, CA, United States 2016-09-03
MICHAEL CARLONE Rancho Mirage, CA, United States 2016-09-03
Anne McCabe Palm Desert, CA, United States 2016-09-03
Name Location Date
Scott Jones Palm Springs, CA, United States 2016-09-03
Randolph Lowe Palm Springs, CA, United States 2016-09-03
Mark Polischak Palm Springs, CA, United States 2016-09-03
Laurie Young Palm Springs, CA, United States 2016-09-04
Vincent DAnna Desert Hot Springs, CA, United States 2016-09-04
Fred Fabricant Palm Springs, CA, United States 2016-09-05
Bryna Blum Palm Desert, CA, United States 2016-09-05
Sharon Miller Palm Desert, CA, United States 2016-09-06
James King Palm Springs, CA, United States 2016-09-06
Raymond Pullicar Cathedral City, CA, United States 2016-09-06
Jennifer Parks Palm Springs, CA, United States 2016-09-06
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DREsIDENr September 7, 2016 n z J >
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TREASURER palm Springs City Council
teeter Orr i;ler �v' iz 7CO
,t=_ven L.Caron Re: Proposed Gun Violence Prevention Ordinances,Item 3A p
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J�zanem J Cabracer Cl1 C i
Dear Mayor Moon and the Members of the City Council,
yeas S Con-Very
Brook Doole,
e=M Dyke On behalf of the Law Center to Prevent Gun Violence("Law Center"),I write to strongly
ins..,; Ed'u,l J encourage the City Council to enact the proposed gun violence prevention ordinance that
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lJamiesT Fousekis a" would require gun owners to safely store their firearms in residences and promptly report lost
Simt,n .Frankel or stolen firearms. Founded by lawyers after an assault weapon massacre at a San Francisco
Tyler Gerk ng law firm in 1993, the Law Center provides legal expertise in support of gun violence
3eorge A.H,sert
_x,rol 1,1 Kn.�J,le:r prevention to federal, state, and local legislators nationwide. We have worked closely with
rll°a`^ D K'ss'nger California cities and counties on a variety of local laws to reduce gun violence for over two
David Lgpkin
anrhory J_Nlakutta decades.
wa.g I.. Mos'e
Scott i. Nun6ka Safe Storage in Residences. Laws requiring the safe storage of firearms in residences have
'Irrt p' e>,ar.oe�er,tern,K been enacted in San Francisco, Los Angeles, Oakland, Sunnyvale, Santa Cruz, and Tiburon, as
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„„.t p Ray well as in the State of Massachusetts. These laws address the very real risks posed by
M Rom unsecured guns in the home. A 1999 study found that more than 75% of the guns used in
�an��eti M s�_lr
�anaal e short youth suicide attempts and unintentional injuries were stored in the residence of the victim, a
John nl skonD_rn relative, or a friend.'At least two studies have found that the risk of suicide increases in homes
yen L s...th
<enneth':v.Taber where guns are kept loaded and/or unlocked." In 2014, San Francisco's safe storage ordinance
�oderkk M rhomDD o, was upheld by the Ninth Circuit"' and the Supreme Court declined to review that decision."
ren?hompson Gavle;Zachary Since then, San Francisco has amended its ordinance to make it even stronger."
Sobyri Thw,as Lost and Stolen Reporting. Ten states and the District of Columbia, and 15 California cities
=XECUTIVE DIRECTOR and counties, including San Francisco, Los Angeles,Oakland, Sacramento, and Sunnyvale,
=OUNDERS CIRCLE require gun owners to report the loss or theft of firearms. Reporting laws provide an important
tool for law enforcement to determine if gun owners are trafficking firearms by preventing
::ameron Baker
;, btl,J ;-.,,h,,,Ie, owners from falsely claiming their guns were lost or stolen when crime guns are traced back to
Mlharr I =_llund them. For similar reasons, reporting laws help law enforcement determine whether people who
-harles G.Fhrlich
Mmec T Fousekls are prohibited from possessing firearms are actually in possession of them. For example, a gun
J"m H He s owner who becomes the subject of a domestic violence protective order is not permitted under
""°rg"A_wszrt state or federal law to continue to possess a firearm. However, when officers attempt to
w.chelle Scully Hobos
-a,;rd Kallgren enforce the law and recover illegal firearms from such persons, they may falsely claim their
M Kingsley guns were previously lost or stolen. Mandatory reporting laws provide a check against this
chard ro Doges behavior and make it easier for officers to enforce laws against firearm possession by certain
categories of dangerous people. These ordinances also help officers return lost and stolen
firearms to their lawful owners.
268 Buse Street. §005. Son Francis;:o. cA g41C4 415-433-20C2 _m.o,t,uhlaws.orq
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TO
$ PREVENT VIOLENCE
BECAUSE SMART GUN LAWS SAVE LIVES
Impact of State Bills/Proposition 63.Fortunately, the requirement that gun owners report the loss or theft of a
firearm will become state law if Proposition 63/The Safety for All Act passes in November, 2016.However, this
provision will not take effect until July 1, 2017. Given that there is a substantial amount of time before the state
law would be implemented, Palm Springs should enact this requirement now to reap the benefits of the ordinance.
The City could consider including an automatic repeal provision to take effect on July 1, 2017.
We applaud the City for considering measures to keep its residents safe from gun violence and urge the City
Council to vote"aye"on this ordinance.
Sincerely,
Allison Anderman
Staff Attorney
CC: Mayor Pro Tern Chris Mills
Councilmember Ginny Foat
Councilmember Geoff Kars
Councilmember J.R. Roberts
City Clerk James Thompson
'David C.Grossman,Donald T.Reay&Stephanie A.Baker,Sell-Inflicted and Unintentional Firearm Injuries Among Children and
Adolescents: The Source of the Firearm, 153 Arch.Pedian.Adolesc.Med.875,875(Aug. 1999),at
http://archpedijamanetwork.com/article.aspx?articicid=347593.
"Matthew Miller&David Hemenway,The Relationship Between Firearms and Suicide:A Review of the Literature,4 Aggression&
Violent Behavior 59,62-65(1999)(summarizing the findings of multiple studies).
Jackson v. City& Cry. of S.F.,746 F.3d 953,959-61 (9th Cir.2014).
Jackson v. City& Cnty.of SF, 135 S.Ct.2799,2799(2015).
San Francisco's amended safe storage ordinance now requires all firearms to be safely stored,not only handguns,in all residences,not
only those of the gun owner.It also requires gun safes to be on the list of California Department of Justice approved firearm safety devices.
San Francisco Police Code§4512.
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Good evening. My name is Denise Janssen Eager. I liv7
Palm Springs. I am the mother of
senior at Palm Springs High School & am here to speak in favor
of the three proposed gun ordinances on behalf of 27.6Palm
Springs & Coachella Valley residents who agree with me & have
signed the petition that you will receive tonight as well as all the
people who are standing in support behind me.
Please know that these proposed ordinances do not stop anyone,
who is not already prohibited, from buying a gun or ammunition. It
will not take away anyone's 2nd amendment right to own guns.
These are simply common sense, proactive ordinances designed
to prevent accidental shootings.
The first 2 ordinances are intended to protect our kids from finding
an unlocked gun & accidentally killing themselves or someone
else. I cannot imagine the horror of getting that phone call telling
me that my son had accidentally killed his best friend while at his
house because they found an unlocked gun. I cannot imagine
being my son & living for the rest of my life, with the knowledge
that I had killed my best friend. I cannot imagine being the parent
of my dead son, knowing I was the adult who put that unlocked
gun in the back of the closet or in the car's glove box, convinced
that no one would ever find it.
Further, I could not imagine being a law-abiding gun owner, living
in Palm Springs, who had either lost or had my gun stolen, & left
wondering for the rest of my life, whether it would ever be used to
kill an innocent person.
Our hard working Palm Springs Police Department has no idea of
the number of guns that are either lost or stolen each year
because this information is not collected. This third ordinance has
the added potential of helping the our police determine a gun's
real owner after confiscating it during an arrest.
The bottom line is these ordinances keep our kids & families safe.
Please vote yes. q 7/Jig
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