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c4</FOAN�P City Council Staff Report
DATE: July 6, 2016
SUBJECT: DISCUSSION REGARDING FIREARMS SAFETY REGULATIONS
FROM: David Ready, City Manager
BY: Douglas Holland, City Attorney
SUMMARY
At the City Council meeting on June 15, 2016, Councilmember Kors suggested the
Council consider a firearms regulatory program for Palm Springs. The purpose of this
agenda item is to provide for discussion on this topic and provide staff with appropriate
direction. A draft ordinance is attached for informational purposes.
RECOMMENDATION:
Discuss the topic of local firearms regulations and provide direction to staff.
BACKGROUND
In light of the recent incident in Orlando, Florida involving the use of an automatic firearm
in the killing and injury of several nightclub patrons, Councilman Kors requested the
Council consider firearm regulations for the City of Palm Springs.
As a general rule and pursuant to the State Constitution, cities have the power to
suppress, prohibit, or regulate all things that are injurious to the public welfare. Firearms
are arguably a proper area for such regulations. Nevertheless, the state legislature has
adopted legislation that preempts discrete areas of firearm regulation, limiting the areas in
which cities have authority to regulate. A copy of the current edition of "California
Firearms Laws Summary" from the California Attorney General is attached for your
information.
Cities still have the ability to prohibit and prevent the unnecessary firing and discharge of
firearms and can impose land use regulations that would restrict where gun dealerships
can locate in the city.
ITEM NO.
City Council Staff Report
July 6, 2015 -- Page 2
Firearms Discussion
Pursuant to the authority cities may currently have in California, Sunnyvale and other
cities have adopted unique regulations that do not appear to have been preempted by
state law. These regulations include:
a) Imposition of a duty to report theft or loss of firearms,
b) Requiring safe storage of firearms in the home,
c) Prohibition, with certain exceptions, of possession of large-capacity
ammunition magazines,
d) Imposition of record-keeping requirements for ammunition sales, and
e) Prohibiting unsecured firearms and ammunition in unattended vehicles.
A draft ordinance that incorporates the above concepts has been prepared and is
attached to this report for your reference.
Douglas Holland, City Attorney David Ready, City Mana
C: California Firearms Laws Summary
Draft Ordinance
02
1058537.1
California Firearms
Laws Summary
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California Department of Justice
Kamala D. Harris
Attorney General
http://oag.ca.gov
I
Table of Contents
40+•
California Firearms Laws Summary 2016
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Persons Ineligible to Possess Firearms . . . . . . . . . . . . . . . . . . . . . 1
Sales and Transfers of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Prohibited Firearms Transfers and Straw Purchases. . . . . . . . . . . . 5
Reporting Requirements for New California Residents . . . . . . . . . . 6
Shipment of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Carrying Firearms Aboard Common Carriers. . . . . . . . . . . . . . . . . 7
Firearms in the Home, Business or at the Campsite. . . . . . . . . . . . 7
Transportation of Firearms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Use of Lethal Force in Self-Defense. . . . . . . . . . . . . . . . . . . . . . . . 8
Carrying a Concealed Weapon Without a License . . . . . . . . . . . . 10
Loaded Firearms in Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Openly Carrying an Unloaded Handgun . . . . . . . . . . . . . . . . . . . .11
Punishment for Carrying Unregistered Handgun . . . . . . . . . . . . . 11
Miscellaneous Prohibited Acts . . . . . . . . . . . . . . . . . . . . . . . . . . 12
New Firearms/Weapons Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 14
04
California Firearms Laws
Summary 2016
INTRODUCTION
As the owner of a firearm, it is your responsibility to understand and comply
with all federal, state and local laws regarding firearms ownership. Many of the
laws described below pertain to the possession, use and storage of firearms in the
home and merit careful review. The California Firearms Laws Summary 2016
provides a general summary of California laws that govern common possession
and use of firearms by persons other than law enforcement officers or members
of the armed forces. It is not designed to provide individual guidance for specific
situations, nor does it address federal or local laws. The legality of any specific
act of possession or use will ultimately be determined by applicable federal and
state statutory and case law. Persons having specific questions are encouraged to
seek legal advice from an attorney, or consult their local law enforcement agency,
local prosecutor or law library. The California Department of Justice (DOJ) and
all other public entities are immune from any liability arising from the drafting,
publication, dissemination, or reliance upon this information.
PERSONS1 POSSESS '
The following persons are prohibited from possessing firearms (Pen. Code, §§
29800-29825, 29900; Welf. & Iost. Code, §§ 8100, 8103):
Lifetime Prohibitions
• Any person convicted of any felony or any offense enumerated in Penal
Code section 29905.
• Any person convicted of an offense enumerated in Penal Code section
23515.
• Any person with two or more convictions for violating Penal Code section
417, subdivision (a)(2).
• Any person adjudicated to be a mentally disordered sex offender. (Welt. &
Iost. Code, § 8103, subd. (a)(1).)
• Any person found by a court to be mentally incompetent to stand trial or
not guilty by reason of insanity of any crime, unless the court has made a
finding of restoration of competence or sanity. (Welf. & lost. Code, § 8103,
subds. (b)(1), (c)(1), and (d)(1).)
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10-Year Prohibitions
• Any person convicted of a misdemeanor violation of the following: Penal
Code sections 71, 76, 136.5, 140, 148, subdivision (d), 171b, 171c, 171d,
186,28, 240, 241, 242, 243, 244.5, 245, 245.5, 246, 246.3, 247, 273.5,
273.6, 417, 417.1, 417.2, 417.6, 422, 626.9, 646.9, 830.95, subdivision (a),
17500, 17510, subdivision (a), 25300, 25800, 27510, 27590, subdivision
(c), 30315, or 32625, and Welfare and Institutions Code sections 871.5,
1001.5, 8100, 8101, or 8103.
5-Year Prohibitions
• Any person taken into custody as a danger to self or others, assessed, and
admitted to a mental health facility under Welfare and Institutions Code
sections 5150, 5151, 5152; or certified under Welfare and Institutions Code
sections 5250, 5260, 5270.15. Persons certified under Welfare and
Institutions Code sections 5250, 5260, or 5270.15 may be subject to a
lifetime prohibition pursuant to federal law.
Juvenile Prohibitions
• Juveniles adjudged wards of the juvenile court are prohibited until they
reach age 30 if they committed an offense listed in Welfare and
Institutions Code section 707, subdivision (b). (Pen. Code, § 29820.)
Miscellaneous Prohibitions
• Any person denied firearm possession as a condition of probation
pursuant to Penal Code section 29900, subdivision (c).
• Any person charged with a felony offense, pending resolution of the
matter. (18 U.S.C. § 922(g).)
• Any person while he or she is either a voluntary patient in a mental health
facility or under a gravely disabled conservatorship (due to a mental
disorder or impairment by chronic alcoholism) and if he or she is found
to be a danger to self or others. (Welf. & Inst. Code, § 8103, subd. (e).)
• Any person addicted to the use of narcotics. (Pen. Code, § 29800, subd. (a).)
• Any person who communicates a threat (against any reasonably
identifiable victim) to a licensed psychotherapist which is subsequently
reported to law enforcement, is prohibited for six months. (Welf. & Inst.
Code, § 8100, subd. (b).)
• Any person who is subject to a protective order as defined in Family Code
section 6218 or Penal Code section 136.2, or a temporary restraining order
issued pursuant to Code of Civil Procedure sections 527.6 or 527.8.
Personal Firearms Eligibility Check
Any person may obtain from the DOJ a determination as to whether he or she is
eligible to possess firearms (review of California records only). The personal
firearms eligibility check application form and instructions are on the DOJ website
at http://oag.ca.gov/firearms/forms. The cost for such an eligibility check is $20.
(Pen. Code, § 30105.) 06
2
SALES AND TRANSFERS OF FIREARMS
In California, only licensed California firearms dealers who possess a valid
Certificate of Eligibility (COE) are authorized to engage in retail sales of firearms.
These retail sales require the purchaser to provide personal identifier information
for the Dealer Record of Sale (DROS) document that the firearms dealer must
submit to the DOJ. There is a mandatory 10-day waiting period before the firearms
dealer can deliver the firearm to the purchaser. During this 10-day waiting period,
the DOJ conducts a firearms eligibility background check to ensure the purchaser
is not prohibited from lawfully possessing firearms. Although there are exceptions,
generally all firearms purchasers must be at least 18 years of age to purchase a
long gun (rifle or shotgun) and 21 years of age to purchase a handgun (pistol or
revolver). Additionally, purchasers must be California residents with a valid
driver's license or identification card issued by the California Department of
Motor Vehicles.
Generally, it is illegal for any person who is not a California licensed firearms
dealer (private party) to sell or transfer a firearm to another non-licensed person
(private party) unless the sale or transfer is completed through a licensed
California firearms dealer. A "Private Party Transfer" (PPT) can be conducted at
any licensed California firearms dealership. The buyer and seller must complete
the required DROS document in person at the licensed firearms dealership and
deliver the firearm to the dealer who will retain possession of the firearm during
the mandatory 10-day waiting period. In addition to the applicable state fees, the
firearms dealer may charge a fee not to exceed $10 per firearm for conducting the
PPT.
The infrequent transfer of firearms between immediate family members is exempt
from the law requiring PPTs to be conducted through a licensed firearms dealer.
For purposes of this exemption, "immediate family member" means parent and
child, and grandparent and grandchild but does not include brothers or sisters.
(Pen. Code, § 16720.) The transferee must also comply with the Firearm Safety
Certificate requirement described below, prior to taking possession of the firearm.
Within 30 days of the transfer, the transferee must also submit a report of the
transaction to the DOJ. Download the form (Report of Operation of Law or Intra-
Familial Firearm Transaction BOF 4544A) from the DOJ website at
http://oag.ca.gov/firearms/forms or complete and submit the form electronically
via the internet at https://CFARS.doj.ca.gov.
The reclaiming of a pawned firearm is subject to the DROS and 10-day waiting
period requirements.
Specific statutory requirements relating to sales and transfers of firearms follow:
Proof-of-Residency Requirement
To purchase a handgun in California, you must present documentation indicating
that you are a California resident. Acceptable documentation includes a utility
bill from within the last three months, a residential lease, a property deed or
military permanent duty station orders indicating assignment within California.
3 07
The address provided on the proof-of-residency document must match either the
address on the DROS or the address on the purchaser's California driver's license
or identification card. (Pen. Code, § 26845.)
Firearm Safety Certificate Requirement
To purchase or acquire a firearm, you must have a valid Firearm Safety Certificate
(FSC). To obtain an FSC, you must score at least 75% on an objective written test
pertaining to firearms laws and safety requirements. The test is administered by
DOJ Certified Instructors, who are often located at firearms dealerships. An FSC
is valid for five years. You may be charged up to $25 for an FSC. Firearms being
returned to their owners, such as pawn returns, are exempt from this requirement.
In the event of a lost, stolen or destroyed FSC, the issuing DOJ Certified Instructor
will issue a replacement FSC for a fee of $5. You must present proof of identity to
receive a replacement FSC. (Pen. Code, §§ 31610-31670.)
Safe Handling Demonstration Requirement
Prior to taking delivery of a firearm, you must successfully perform a safe
handling demonstration with the firearm being purchased or acquired. Safe
handling demonstrations must be performed in the presence of a DOJ Certified
Instructor sometime between the date the DROS is submitted to the DOJ and the
delivery of the firearm, and are generally performed at the firearms dealership.
The purchaser, firearms dealer and DOJ Certified Instructor must sign an affidavit
stating the safe handling demonstration was completed. The steps required to
complete the safe handling demonstration are described in the Appendix. Pawn
returns and intra-familial transfers are not subject to the safe handling demonstration
requirement. (Pen. Code, § 26850.)
Firearms Safety Device Requirement
All firearms (long guns and handguns) purchased in California must be
accompanied with a firearms safety device (FSD) that has passed required safety
and functionality tests and is listed on the DOJ's official roster of DOJ-approved
firearm safety devices. The current roster of certified FSDs is available on the DOJ
website at http://oag.ca.gov/firearms/fsdcertlist. The FSD requirement also can
be satisfied if the purchaser signs an affidavit declaring ownership of either a
DOJ-approved lock box or a gun safe capable of accommodating the firearm
being purchased. Pawn returns and intra-familial transfers are not subject to the
FSD requirement. (Pen. Code, §§ 23635-23690.)
Roster of Handguns Certified for Sale in California
No handgun may be sold by a firearms dealer to the public unless it is of a make
and model that has passed required safety and functionality tests and is listed
on the DOYs official roster of handguns certified for sale in California. The current
roster of handguns certified for sale in California is on the DOJ website at
http://certguns.doj.ca.gov/. PPTs, intrafamflial transfers, and pawn/consignment
returns are exempt from this requirement. (Pen. Code, § 32000.)
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One-Handgun-per-30-Days Limit
No person shall make an application to purchase more than one handgun within
any 30-days period. Exemptions to the one-handgun-per-30-days limit include
pawn returns, intra-familial transfers and private party transfers. (Pen. Code,
§ 27540.)
Handgun Sales and Transfer Requirements
Retail Private Intra-familial Pawn
Sales Party Transfers Transfers Returns
Proof-of-Residency
Requirement Yes Yes No Yes
Firearm Safety
Certificate Requirement Yes Yes Yes No
Safe Handling
Demonstration Requirement Yes Yes No No
Firearm Safety
Device Requirement Yes Yes No No
Roster of Handguns Certified
for Sale in California Yes No No No
One-Handgun-Per-
30-Days Limit Yes No No No
Long Gun Sales and Transfer Requirements
Retail Private Intra-familial Pawn
Sales Party Transfers Transfers Returns
Proof-of-Residency
Requirement No No No No
Firearm Safety
Certificate Requirement Yes Yes Yes No
Safe Handling
Demonstration Requirement Yes Yes No No
Firearm Safety
Device Requirement Yes Yes No No
' PROHIBITED STRAW
What is a straw purchase?
A straw purchase is buying a firearm for someone who is prohibited by law from
possessing one, or buying a firearm for someone who does not want his or her
name associated with the transaction.
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It is a violation of California law for a person who is not licensed as a California
firearms dealer to transfer a firearm to another unlicensed person, without
conducting such a transfer through a licensed firearms dealer. (Pen. Code,
§ 27545.) Such a transfer may be punished as a felony. (Pen. Code, § 27590.)
Furthermore, it is a violation of federal law to either (1) make a false or fictitious
statement on an application to purchase a firearm about a material fact, such as
the identify of the person who ultimately will acquire the firearm (commonly
known as "lying and buying") (18 U.S.C. 922(a)(6)), or (2) knowingly transfer
a firearm to a person who is prohibited by federal law from possessing and
purchasing it. (18 U.S.C. 922(d).) Such transfers are punishable under federal law
by a $250,000 fine and 10 years in federal prison. (18 U.S.C. 924(a)(2).)
Things to Remember About Prohibited Firearms Transfers and Straw Purchases
An illegal firearm purchase (straw purchase) is a federal crime.
An illegal firearm purchase can bring a felony conviction sentence of 10 years in
jail and a fine of up to $250,000.
Buying a gun and giving it to someone who is prohibited from owning one is a
state and federal crime.
Never buy a gun for someone who is prohibited by law or unable to do so.
REPORTING1 1 ' NEW CALIFORNIARESIDENTS
New California residents must report their ownership of firearms to the DOJ or
sell/transfer them in accordance with California law, within 60 days of bringing
the firearm into the state. Persons who want to keep their firearms must submit a
New Resident Firearm Ownership Report (BOF 4010A), along with a $19 fee, to
the DOJ. Forms are available at licensed firearms dealers, the Department of
Motor Vehicles or on-line at the DOJ website at http://oag.ca.gov/firearms/forms.
Forms may also be completed and submitted electronically via the internet at
https://CFARS.doj.ca.gov (Pen. Code, § 27560.)
SHIPMENT OF FIREARMS
Long guns may be mailed through the U.S. Postal Service, as well as most private
parcel delivery services or common carriers. Handguns may not be sent through
the U.S. Postal Service. A common or contract carrier must be used for shipment
of handguns. However, pursuant to federal law, non-licensees may ship handguns
only to persons who hold a valid Federal Firearms License (FFL).
Both in-state and out-of-state FFL holders are required to obtain approval (e.g., a
unique verification number) from the California DOJ prior to shipping firearms to
any California FFL. (Pen. Code, § 27555.)
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CARRYING FIREARMS ABOARD COMMON
Federal and state laws generally prohibit a person from carrying any firearm or
ammunition aboard any commercial passenger airplane. Similar restrictions may
apply to other common carriers such as trains, ships and buses. Persons who need
to carry firearms or ammunition on a common carrier should always consult the
carrier in advance to determine conditions under which firearms may be
transported.
Unless otherwise unlawful, any person over the age of 18 who is not prohibited
from possessing firearms may have a loaded or unloaded firearm at his or her
place of residence, temporary residence, campsite or on private property owned
or lawfully possessed by the person. Any person engaged in lawful business
(including nonprofit organizations) or any officer, employee or agent authorized
for lawful purposes connected with the business may have a loaded firearm
within the place of business if that person is over 18 years of age and not otherwise
prohibited from possessing firearms. (Pen. Code, §§ 25605, 26035.)
NOTE: If a person's place of business, residence, temporary residence, campsite
or private property is located within an area where possession of a firearm is
prohibited by local or federal laws, such laws would prevail.
TRANSPORTATION OF FIREARMS
Handguns
California Penal Code section 25400 does not prohibit a citizen of the United
States over 18 years of age who is in lawful possession of a handgun, and who
resides or is temporarily in California, from transporting the handgun by motor
vehicle provided it is unloaded and stored in a locked container. (Pen. Code,
§ 25610.)
The term "locked container" means a secure container which is fully enclosed
and locked by a padlock, key lock, combination lock, or similar locking device.
This includes the trunk of a motor vehicle, but does not include the utility or
glove compartment. (Pen. Code, § 16850.)
Rifles and Shotguns
Nonconcealable firearms (rifles and shotguns) are not generally covered within
the provisions of California Penal Code section 25400 and therefore are not
required to be transported in a locked container. However, as with any firearm,
nonconcealable firearms must be unloaded while they are being transported. A
rifle or shotgun that is defined as an assault weapon pursuant to Penal Code
section 30510 or 30515 must be transported in accordance with Penal Code
section 25610.
7 11
Registered Assault Weapons and .50 BMG Rifles
Registered assault weapons and registered .50 BMG rifles may be transported
only between specified locations and must be unloaded and in a locked container
when transported. (Pen. Code, § 30945, subd. (g).)
The term 'locked container" means a secure container which is fully enclosed
and locked by a padlock, key lock, combination lock, or similar locking device.
This includes the trunk of a motor vehicle, but does not include the utility or
glove compartment. (Pen. Code, § 16850.)
USE OF LETHAL FORCESELF-DEFENSE
The question of whether use of lethal force is justified in self-defense cannot
be reduced to a simple list of factors. This section is based on the instructions
generally given to the jury in a criminal case where self-defense is claimed and
illustrates the general rules regarding the use of lethal force in self-defense.
Permissible Use of Lethal Force in Defense of Life and Body
The killing of one person by another may be justifiable when necessary to resist
the attempt to commit a forcible and life-threatening crime, provided that a
reasonable person in the same or similar situation would believe that (a) the
person killed intended to commit a forcible and life-threatening crime; (b) there
was imminent danger of such crime being accomplished; and (c) the person
acted under the belief that such force was necessary to save himself or herself or
another from death or a forcible and life-threatening crime. Murder, mayhem,
rape and robbery are examples of forcible and life-threatening crimes. (Pen.
Code, § 197.)
Self-Defense Against Assault
It is lawful for a person being assaulted to defend themself from attack if he or
she has reasonable grounds for believing, and does in fact believe, that he or she
will suffer bodily injury. In doing so, he or she may use such force, up to deadly
force, as a reasonable person in the same or similar circumstances would believe
necessary to prevent great bodily injury or death. An assault with fists does not
justify use of a deadly weapon in self-defense unless the person being assaulted
believes, and a reasonable person in the same or similar circumstances would
also believe, that the assault is likely to inflict great bodily injury.
It is lawful for a person who has grounds for believing, and does in fact believe,
that great bodily injury is about to be inflicted upon another to protect the victim
from attack. In so doing, the person may use such force as reasonably necessary
to prevent the injury. Deadly force is only considered reasonable to prevent great
bodily injury or death.
NOTE: The use of excessive force to counter an assault may result in civil or
criminal penalties.
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Limitations on the Use of Force in Self-Defense
The right of self-defense ceases when there is no further danger from an assailant.
Thus, where a person attacked under circumstances initially justifying self-defense
renders the attacker incapable of inflicting further injuries, the law of self-defense
ceases and no further force may be used. Furthermore, a person may only use the
amount of force, up to deadly force, as a reasonable person in the same or similar
circumstances would believe necessary to prevent imminent injury. It is important
to note the use of excessive force to counter an assault may result in civil or
criminal penalties.
The right of self-defense is not initially available to a person who assaults another.
However, if such a person attempts to stop further combat and clearly informs
the adversary of his or her desire for peace but the opponent nevertheless
continues the fight, the right of self-defense returns and is the same as the right
of any other person being assaulted.
Protecting One's Home
A person may defend his or her home against anyone who attempts to enter in
a violent manner intending violence to any person in the home. The amount of
force that may be used in resisting such entry is limited to that which would
appear necessary to a reasonable person in the same or similar circumstances to
resist the violent entry. One is not bound to retreat, even though a retreat might
safely be made. One may resist force with force, increasing it in proportion to the
intruder's persistence and violence, if the circumstances apparent to the occupant
would cause a reasonable person in the same or similar situation to fear for his or
her safety.
The occupant may use a firearm when resisting the intruder's attempt to commit
a forcible and life-threatening crime against anyone in the home provided that a
reasonable person in the same or similar situation would believe that (a) the
intruder intends to commit a forcible and life-threatening crime; (b) there is
imminent danger of such crime being accomplished; and (c) the occupant acts
under the belief that use of a firearm is necessary to save himself or herself or
another from death or great bodily injury. Murder, mayhem, rape, and robbery
are examples of forcible and life-threatening crimes.
Any person using force intended or likely to cause death or great bodily injury
within his or her residence shall be presumed to have held a reasonable fear of
imminent peril of death or great bodily injury to self, family, or a member of the
household when that force is used against another person, not a member of the
family or household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or had reason
to believe that an unlawful and forcible entry had occurred. Great bodily injury
means a significant or substantial physical injury. (Pen. Code, § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be
criminally liable for an unlawful assault or homicide.
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Defense of Property
The lawful occupant of real property has the right to request a trespasser to leave
the premises. If the trespasser does not do so within a reasonable time, the
occupant may use force to eject the trespasser. The amount of force that may be
used to eject a trespasser is limited to that which a reasonable person would
believe to be necessary under the same or similar circumstances.
CARRYING A CONCEALED WEAPON WITHOUT
It is illegal for any person to carry a handgun concealed upon his or her person
or concealed in a vehicle without a license issued pursuant to Penal Code section
26150. (Pen. Code, § 25400.) A firearm locked in a motor vehicle's trunk or in a
locked container carried in the vehicle other than in the utility or glove compart-
ment is not considered concealed within the meaning of the Penal Code section
25400; neither is a firearm carried within a locked container directly to or from a
motor vehicle for any lawful purpose. (Pen. Code, § 25610.)
The prohibition from carrying a concealed handgun does not apply to licensed
hunters or fishermen while engaged in hunting or fishing, or while going to or
returning from the hunting expedition. (Pen. Code, § 25640.) Notwithstanding
this exception for hunters or fishermen, these individuals may not carry or
transport loaded firearms when going to or from the expedition. The unloaded
firearms should be transported in the trunk of the vehicle or in a locked container
other than the utility or glove compartment_ (Pen. Code, § 25610.)
There are also occupational exceptions to the prohibition from carrying a
concealed weapon, including authorized employees while engaged in specified
activities. (Pen. Code, §§ 25630, 25640.)
LOADED FIREARMS IN PUBLIC
It is illegal to carry a loaded firearm on one's person or in a vehicle while in any
public place, on any public street, or in any place where it is unlawful to discharge
a firearm. (Pen. Code, § 25850, subd. (a).)
It is illegal for the driver of any motor vehicle, or the owner of any motor vehicle
irrespective of whether the owner is occupying the vehicle to knowingly permit
any person to carry a loaded firearm into the vehicle in violation of Penal Code
section 258S0, or Fish and Came Code section 2006. (Pen. Code, § 26100.)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached
in any manner to, the firearm, including, but not limited to, the firing chamber,
magazine, or clip thereof attached to the firearm. A muzzle-loading firearm is
deemed loaded when it is capped or primed and has a powder charge and ball or
shot in the barrel or cylinder. (Pen. Code, § 16840.)
In order to determine whether a firearm is loaded, peace officers are authorized
to examine any firearm carried by anyone on his or her person or in a vehicle
while in any public place, on any public street or in any prohibited area of an
io
] d
unincorporated territory. Refusal to allow a peace officer to inspect a firearm
pursuant to these provisions is, in itself, grounds for arrest. (Pen. Code, § 25850,
subd. (b).)
The prohibition from carrying a loaded firearm in public does not apply to any
person while hunting in an area where possession and hunting is otherwise lawful
or while practice shooting at target ranges. (Pen. Code, §§ 26005, 26040.) There
are also occupational exceptions to the prohibition from carrying a loaded firearm
in public, including authorized employees while engaged in specified activities.
(Pen. Code, §§ 26015, 26030.)
NOTE: Peace officers and honorably retired peace officers having properly
endorsed identification certificates may carry a concealed weapon at any time.
Otherwise, these exemptions apply only when the firearm is carried within the
scope of the exempted conduct, such as hunting or target shooting, or within the
course and scope of assigned duties, such as an armored vehicle guard trans-
porting money for his employer. A person who carries a loaded firearm outside
the limits of the applicable exemption is in violation of the law, notwithstanding
his or her possession of an occupational license or firearms training certificate.
(Pen. Code, § 12031(b).)
OPENLY CARRYING AN UNLOADED HANDGUN
It is generally illegal for any person to carry upon his or her person or in a vehicle,
an exposed and unloaded handgun while in or on:
• A public place or public street in an incorporated city or city and county;
or
• A public street in a prohibited area of an unincorporated city or city and
county. (Pen. Code, § 26350.)
It is also illegal for the driver or owner of a motor vehicle to allow a person to
bring an open and exposed unloaded handgun into a motor vehicle in specified
public areas. (Pen. Code, § 17512.)
PUNISHMENT 1 ' CARRYING UNREGISTERED HANDGUN
Any person who commits the crime of carrying a concealed handgun while having
both the handgun and ammunition for that handgun on his/her person or in his/
her vehicle may be subject to a felony enhancement if the handgun is not on file
(registered) in the DOJ's Automated Firearms System. (Pen. Code, § 25400, subd.
(c).)
Any person who commits the crime of carrying a loaded handgun on his/her
person in a prohibited place may be guilty of a felony if the handgun is not on file
(registered) in the DOJ's Automated Firearms System. (Pen. Code, § 25850, subd.
(c).)
11 1.5
PROHIBITEDMISCELLANEOUS ACTS
Obliteration or Alteration of Firearm Identification
It is illegal for any person to obliterate or alter the identification marks placed on
any firearm including the make, model, serial number or any distinguishing mark
lawfully assigned by the owner or by the DOJ. (Pen. Code, § 23900.)
It is illegal for any person to buy, sell or possess a firearm knowing its identifica-
tion has been obliterated or altered. (Pen. Code, § 23920.)
Unauthorized Possession of a Firearm on School Grounds
It is illegal for any unauthorized person to possess or bring a firearm upon the
grounds of, or into, any public school, including the campuses of the University
of California, California State University campuses, California community colleges,
any private school (kindergarten through 12th grade) or private university or
college. (Pen. Code, § 626.9.)
Unauthorized Possession of a Firearm in a Courtroom,
the State Capitol, etc.
It is illegal for any unauthorized person to bring or possess any firearm within a
courtroom, courthouse, court building or at any meeting required to be open to
the public. (Pen. Code, § 171b.)
It is illegal for any unauthorized person to bring or possess a loaded firearm
within (including upon the grounds of) the State Capitol, any legislative office,
any office of the Governor or other constitutional officer, any Senate or Assembly
hearing room, the Governor's Mansion or any other residence of the Governor or
the residence of any constitutional officer or any Member of the Legislature. For
these purposes, a firearm shall be deemed loaded whenever both the firearm and
its unexpended ammunition are in the immediate possession of the same person.
(Pen. Code, §§ 171c, 171d, 171e.)
Drawing or Exhibiting a Firearm
If another person is present, it is illegal for any person, except in self-defense, to
draw or exhibit a loaded or unloaded firearm in a rude, angry or threatening
manner or in any manner use a firearm in a fight or quarrel. (Pen. Code, § 417.)
Threatening Acts with a Firearm on a Public Street or Highway
It is illegal for any person to draw or exhibit a loaded or unloaded firearm in a
threatening manner against an occupant of a motor vehicle which is on a public
street or highway in such a way that would cause a reasonable person apprehension
or fear of bodily harm. (Pen. Code, § 417.3.)
Discharge of a Firearm in a Grossly Negligent Manner
It is illegal for any person to willfully discharge a firearm in a grossly negligent
manner which could result in injury or death to a person. (Pen. Code, § 246.3.)
16
12
Discharge of a Firearm at an Inhabited/Occupied Dwelling,
Building, Vehicle, Aircraft
It is illegal for any person to maliciously and willfully discharge a firearm at an
inhabited dwelling, house, occupied building, occupied motor vehicle, occupied
aircraft, inhabited housecar or inhabited camper. (Pen. Code, § 246.)
Discharge of a Firearm at an Unoccupied Aircraft, Motor
Vehicle, or Uninhabited Building or Dwelling
It is illegal for any person to willfully and maliciously discharge a firearm at an
unoccupied aircraft. It is illegal for any person to discharge a firearm at an
unoccupied motor vehicle, building or dwelling. This does not apply to an
abandoned vehicle, an unoccupied motor vehicle or uninhabited building or
dwelling with permission of the owner and if otherwise lawful. (Pen. Code, § 247.)
Discharge of a Firearm from a Motor Vehicle
It is illegal for any person to willfully and maliciously discharge a firearm from a
motor vehicle. A driver or owner of a vehicle who allows any person to discharge
a firearm from the vehicle may be punished by up to three years imprisonment
in state prison. (Pen. Code, § 26100.)
Criminal Storage
"Criminal storage of firearm of the first degree" - Keeping any loaded firearm within
any premises that are under your custody or control and you know or reasonably
should know that a child (any person under 18) is likely to gain access to the
firearm without the permission of the child's parent or legal guardian and the child
obtains access to the firearm and thereby causes death or great bodily injury to
himself, herself, or any other person. (Pen. Code, § 25100, subd. (a).)
"Criminal storage of firearm of the second degree" - Keeping any loaded firearm
within any premises that are under your custody or control and you know or
reasonably should know that a child (any person under 18) is likely to gain access
to the firearm without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury, other than great
bodily injury, to himself, herself, or any other person, or carries the firearm either
to a public place or in violation of Penal Code section 417. (Pen. Code, § 25100,
subd. NJ
Neither of the criminal storage offenses (first degree, second degree) shall apply
whenever the firearm is kept in a locked container or locked with a locking
device that has rendered the firearm inoperable. (Pen. Code, § 25105.)
Sales, Transfers and Loans of Firearms to Minors
Generally, it is illegal to sell, loan or transfer any firearm to a person under 18
years of age, or to sell a handgun to a person under 21 years of age. (Pen. Code,
§ 27505.)
17
13
Possession of a Handgun or Live Ammunition by Minors
It is unlawful for a minor to possess a handgun unless one of the following
circumstances exist:
• The minor is accompanied by his or her parent or legal guardian and the
minor is actively engaged in a lawful recreational sporting, ranching or
hunting activity, or a motion picture, television or other entertainment
event;
• The minor is accompanied by a responsible adult and has prior written
consent of his or her parent or legal guardian and is involved in one of
the activities cited above; or
• The minor is at least 16 years of age, has prior written consent of his or
her parent or legal guardian, and the minor is involved in one of the
activities cited above. (Pen. Code, §§ 29610, 29615.)
It is unlawful for a minor to possess live ammunition unless one of the following
circumstances exist:
• The minor has the written consent of a parent or legal guadian to possess
live ammunition;
• The minor is accompanied by a parent or legal guardian; or
• The minor is actively engaged in, or is going to or from, a lawful, recrea-
tional sport, including, competitive shooting, or agricultural, ranching, or
hunting activity. (Pen. Code, §§ 29650, 29655.)
NEW FIREARMS/WEAPONS LAWS
AB 892 (Stats. 2015, ch. 203) — Purchase of State-Issued Handgun
by Spouse/Domestic Partner of Peace Officer Killed in the Line of
Duty
• Provides an exception to the Unsafe Handgun Act allowing the spouse/
domestic partner of a peace officer killed in the line of duty to purchase
their spouse/domestic partner's service weapon. (Pen. Code, § 32000.)
AB 950 (Stats. 2015, ch. 205) — Gun Violence Restraining Orders
• Allows a person who is subject to a gun violence restraining order to
transfer his or her firearms or ammunition to a licensed firearms dealer
for the duration of the prohibition. If the firearms or ammunition have
been surrendered to a law enforcement agency, the bill would entitle the
owner to have them transferred to a licensed firearms dealer. (Pen. Code,
§§ 29830.)
• Extends to ammunition, current authority for a city or county to impose a
charge relating to the seizure, impounding, storage, or release of a firearm.
(Pen. Code, § 33880.)
14 18
AB 1014 (Stats. 2014, ch. 872 ) — Gun Violence Restraining Orders
• Beginning June 1, 2016, authorizes courts to issue gun violence restraining
orders, ex parte gun violence restraining orders, and temporary emergency
gun violence restraining orders if the subject of the petition poses a signi-
ficant danger of personal injury to himself, herself, or another by having
in his or her custody or control, owning, purchasing, possessing, or
receiving a firearm and that the order is necessary to prevent personal
injury to himself, herself, or another, as specified. (Pen. Code, §§ 18100 -
18205.)
• Beginning June 1, 2016, makes it a misdemeanor to own or possess a
firearm or ammunition with the knowledge that he or she is prohibited
from doing so by a gun violence restraining order. (Pen. Code, § 18205.)
• Beginning June 1, 2016, makes it a misdemeanor to file a petition for a
gun violence restraining order with the intent to harass or knowing the
information in the petition to be false. (Pen. Code, § 18200.)
AB 1134 (Stats. 2015, ch. 785 ) — Licenses to Carry Concealed
Handguns
• Authorizes the sheriff of a county to enter into an agreement with the
chief or other head of a municipal police department of a city for the chief
or other head of a municipal police department to process all applications
for licenses to carry a concealed handgun, renewals of those licenses, and
amendments of those licenses, for that city's residents. (Pen. Code,
§ 26150.)
AB 2220 (Stats. 2014, ch. 423) — Private Patrol Operators
• Beginning July 1, 2016, establishes procedures allowing a Private Patrol
Operator (PPO) business entity to be the registered owner of a firearm.
• Beginning July 1, 2016, allows a security guard to be assigned a firearm
by the PPO and for a firearm custodian to be designated by the PPO.
(Pen. Code, §§ 16970, 31000, 32650.)
SB 199 (Scats. 2014, ch. 915) — BB Devices and Imitation Firearms
• Beginning January 1, 2016, amends the definitions of a "BB device" and
an "imitation firearm." (Pen. Code, §§ 16250, 16700.)
SB 707 (Stats. 2015, ch. 766) — Gun-free School Zones
• Recasts Gun-Free School Zone Act provisions relating to a person holding
a valid license to carry a concealed firearm to allow that person to carry a
firearm in an area that is within 1,000 feet of, but not on the grounds of,
a public or private school providing instruction in kindergarten or grades
1 to 12, inclusive. (Pen. Code, § 626.9.)
• Creates an exemption from the Gun-Free School Zone Act for certain
appointed peace officers authorized to carry a firearm by their appointing
agency, and for certain retired reserve peace officers authorized to carry a
concealed or loaded firearm. (Pen. Code, § 626.9.)
15
• Deletes the exemption that allows a person holding a valid license to carry
a concealed firearm to bring or possess a firearm on the campus of a
university or college. (Pen. Code, § 30310.)
• Deletes the exemption that allows a person to carry ammunition or
reloaded ammunition onto school grounds if the person is licensed to
carry a concealed firearm. (Pen. Code, § 30310.)
• Creates a new exemption authorizing a person to carry ammunition or
reloaded ammunition onto school grounds if it is in a motor vehicle at all
times and is within a locked container or within the locked trunk of the
vehicle. (Pen. Code, § 30310.)
20
16
f
If you have any comments or suggestions
regarding this publication, please send them to:
Department of Justice
Bureau of Firearms / HSC Unit
ft0. Box 160367
Sacramento, CA 95816-0367
LAMEL OF via our website at ?«
http://oa(,.ca.gov/fireariiis Pnntei on reive'',ed paper
Draft Ordinance 06.29.2016
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.
CityAttorney'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; 3) prohibiting the
possession of ammunition magazines capable of holding
more than 10 rounds, with certain exceptions; 4) logging and
tracking of ammunition sales within the City of Palm Springs,
and 5) 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.
"Large-capacity magazine" means any detachable ammunition feeding device with the
capacity to accept more than 10 rounds, but shall not be construed to include any of the
following:
a. A feeding device that has been permanently altered so that it cannot
accommodate more than 10 rounds;
b. A .22 caliber tube ammunition feeding device;
C. A tubular magazine that is contained in a lever-action firearm
"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 include a lock box that
22
Draft Ordinance 06.29.2016
Page 2
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.
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.
23
Draft Ordinance 06.29.2016
Page 3
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.
11.16.070 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.
11.16.070 Possession of Large-Capacity Ammunition Magazines Prohibited.
(a) It is unlawful for any person to possess any large-capacity magazine in the
city of Palm Springs whether assembled or disassembled, except as otherwise
authorized by law.
(b) Any person who, prior to the effective date of this section, was legally in
possession of a large-capacity magazine shall have ninety (90) days from such effective
date to do either of the following without being subject to prosecution:
(1) Remove the large-capacity magazine from the City of Palm
Springs; or
(2) Surrender the large-capacity magazine to the Palm Springs Police
Department for destruction; or
(3) Lawfully sell or transfer the large-capacity magazine in accordance
with Penal Code Section 12020.
(c) This section shall not apply to the following:
(1) Any federal, state, county, or city agency that is charged with the
enforcement of any law, for use by agency employees in the discharge of
their official duties;
(2) Any government officer, agent, or employee, member of the armed
forces of the United States, or peace officer, to the extent that such person
is otherwise authorized to possess a large-capacity magazine and does so
while acting within the course and scope of his or her duties;
(3) A forensic laboratory or any authorized agent or employee thereof
in the course and scope of his or her duties;
24
Draft Ordinance 06.29.2016
Page 4
(4) Any entity that operates an armored vehicle business pursuant to
the laws of the state, and an authorized employee of such entity, while in
the course and scope of his or her employment for purposes that pertain
to the entity's armored vehicle business;
(5) Any person who has been issued a license or permit by the
California Department of Justice pursuant to Penal Code Sections 18900,
26500-26915, 31000, 32315, 32650, 32700-32720, or 33300, as may be
amended from time to time, when the possession of a large-capacity
magazine is in accordance with that license or permit;
(6) A licensed gunsmith for purposes of maintenance, repair or
modification of the large-capacity magazine;
(7) Any person who finds a large-capacity magazine, if the person is
not prohibited from possessing firearms or ammunition pursuant to federal
or state law, and the per- son possesses the large-capacity magazine no
longer than is reasonably necessary to deliver or transport the same to a
law enforcement agency;
(8) Any person lawfully in possession of a firearm that the person
obtained prior to January 1, 2000, if no magazine that holds fewer than 10
rounds of ammunition is compatible with the firearm and the person
possesses the large-capacity magazine solely for use with that firearm.
(9) Any retired peace officer holding a valid, current Carry Concealed
Weapons (CCW) permit issued pursuant to California Penal Code.
11.16.080. Ammunition Sales.
(a) It is unlawful for any person to engage in the business of selling, leasing,
or otherwise transferring firearm ammunition within the City of Palm Springs except in
compliance with this Section.
(b) Definitions:
(1) "Ammunition" means any cartridge or encasement containing a
bullet or projectile, propellant, or explosive charge, and a primer which is
used in the operation of a firearm.
(2) "Ammunition vendor' means any person engaged in the business
of selling, leasing, or otherwise transferring firearm ammunition.
(3) "Person" means a natural person, association, partnership, firm,
corporation, or other entity.
(c) Every ammunition vendor shall maintain an ammunition sales log which
records all ammunition sales made by the vendor. The transferee shall provide, and the
ammunition vendor shall record on the ammunition sales log, at the time of sale, all of
the following information for each sale of firearms ammunition:
(1) The name, address, and date of birth of the transferee;
(2) The date of the sale;
25
Draft Ordinance 06.29.2016
Page 5
(3) The transferee's driver's license number, state identification card
number, passport number, or other valid government-issued photographic
identification;
(4) The brand, type, and quantity of firearms ammunition transferred;
(5) The identity of the person transferring the firearms ammunition on
behalf of the ammunition vendor;
(6) The transferee's signature and right thumbprint.
(d) The ammunition sales log shall be recorded on a form approved by the
Chief of Police. All ammunition sales logs shall be kept at the location of the firearms
ammunition sale for a period of not less than two years from the date of the sale.
Ammunition sales logs shall be open to reasonable inspection by peace officers at all
times the ammunition vendor is regularly open for business.
(e) No person shall knowingly provide false, inaccurate, or incomplete
information to an ammunition vendor for the purpose of purchasing firearms
ammunition. No ammunition vendor shall knowingly make a false, inaccurate, or
incomplete entry in any ammunition sales log, nor shall any ammunition vendor refuse
any reasonable inspection of an ammunition sales log subject to inspection.
11.16.090 Safe Storage of Firearms in an Automobile Required for Concealed
Carry Licensees
It is unlawful for persons licensed or otherwise authorized to carry a
concealable firearm pursuant to California Penal Code Section 26150 et seq., to leave
a concealable firearm in an automobile within the City of Palm Springs in a public right
of way unless the firearm is stored in a locked container.
11.16.100 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
26
Draft Ordinance 06.29.2016
Page 6
remedies provided under state or federal law, or other provisions of the Oakland
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
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 2016.
ROBERT MOON, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
27
Draft Ordinance 0629.2016
Page 7
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 6th day of
July, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
28
Jay Thompson
From: Desert Stonewall Democrats <desert.stonewall@gmail.com>
Sent: Wednesday,July 06, 2016 1:53 PM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts;Jay Thompson
Cc: Jennifer Nelson; Citymanager - Mail Login
Subject: Ordinances on tonight's agenda (7/6/2016)
Expires: Monday, January 02, 2017 12:00 AM
Dear City Council Members and Mayor,
We are writing to express our support of various ordinances that will be before you at this evening's City
Council meeting, July 6, 2016.
At a General Meeting of the Desert Stonewall Democrats ("DSD"), the membership voted to support the
nondiscrimination/equal benefits in contracting and the all gender single bathroom ordinances that you will
consider this evening. We strongly urge you to support and vote in favor of both measures.
The Steering Committee of the DSD voted at their meeting last night to support the draft ordinance on gun
safety. We strongly urge you to support and vote in favor of the ordinance as drafted.
We also support the proposed change to City Council meetings that would eliminate the Invocation. Council
Members Foat, Kors and Roberts and Mayor Moon all stated when completing the DSD Candidate
Questionnaire that they did not support prayer by religious officials at government meetings and functions. We
trust that all will abide by this written commitment and vote in support of the proposed change.
Regards,
Steering Committee
Desert Stonewall Democrats
Jennifer Nelson
From: Curt Simpson <curtsimpsonl@gmail.com>
Sent: Tuesday, July 05, 2016 1:50 PM
To: e
Subject: Gun Control
Hi Mayor!
Just writing to tell you that I am a gun owner.
Your stance on guns just gives me ANOTHER reason to stay out of PS.
I've lived in the desert for 10 years now (Calif native) and I'm betting that in the last eight (8)
years I've NOT spent nearly $50,000 in your city.
Bought cars outside of PS, easily spending $35K. Have not been to a restaurant in PS, easily
saving over $5,000. Have not been a SHOP in PS in over seven (7) years. I play golf all the time
but NEVER in PS. I advise my guests to stay out of your city.
Now all I have to do is find a different airport which won't be that hard.
You can't believe how many people I live around feel the same way.
Keep up the good work! I'll hang onto my money so I can spend it where cities can actually
think about constitutional riahts...which PS doesn't uphold.
Curt Simpson
5, rr1
SENIOR COUNSEL OF COUNSEL
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MICHELLE BIOLI,RIAN
SEAN A. BRADY
MATTME D. CUBEIRO
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MARGARET E. LEIOY
BEN A. MACHIDA
CUNT B. MONFORT
JOSEPH A. 51Lvoso, III
Ws ANaetEs,CA
WRrtsR'S DIRECT CONTACT:
AL50 ADMITTED IN TEXAS AND THE 582-21 B-4444
DISTRICT OF COLUMBIA MCUBEIRO®MICHELUW RS.COM
July 6, 2016
Mayor Robert Moon
Mayor Pro Tern Chris Mills
Councilmember Ginny Foat
Councilmember Geoff Kors
Councilmember J.R. Roberts
Executive Assistant Jennifer Nelson
CITY HALL
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
Re: Ordinance Amending Chapter 11.16 of the Palm Springs Municipal
Code Relating to Firearms - OPPOSITION
Dear Honorable Members of the Palm Springs City Council,
We write on behalf of our clients, the National Rifle Association of America and the California
Rifle and Pistol Association, as well as the hundreds of thousands of their members in California,
including those members residing in the City of Palm Springs.
Our clients oppose adoption of the proposed ordinance amending Chapter 11.16 of the Palm
Springs Municipal Code as related to firearms. The proposal seeks to (1)require the reporting of lost or
stolen firearms, (2)require the safe storage of firearms in the home, (3)prohibit the possession of
firearm magazines capable of holding more than 10 rounds, (4) require ammunition sales to be
recorded at the time of purchase, and (5) prohibit unsecured firearms and ammunition in vehicles.
We ask the City Council to reconsider its support for the proposal because it is preempted by
state law, duplicative of recently enacted state legislation, raises serious constitutional concerns under
the Second Amendment,Fifth Amendment, and Equal Protection Clause of the United States
Constitution,and will expose the city to costly and time consuming litigation, all while failing to
promote public safety.
1 80 EAST OCEAN BOULEVARD - SUITE 200 s LONG BEACH • CALIFORNIA s 90802
TEL: 562-216-4444 • FAX: 562-216-4445 • w .MICH ELLAWYERS.COM
Proposed Firearms Ordinance
July 6, 2016
Page 2 of 4
I. MANY OF THE KEY PROVISIONS OF THE PROPOSED ORDINANCE ARE PREEMPTED AND
UNENFORCEABLE BECAUSE THEY DUPLICATE OR CONFLICT WITH STATE LAW
Under the preemption doctrine, a local regulation will be struck down if it duplicates state law,
conflicts with state law, or enters into a field wholly occupied by the state to the exclusion of local
regulation, either expressly or by implication.' A local law"duplicates state law when it is
"coextensive"with state law."A local law"contradicts state law when it is inimical to or cannot be
reconciled with state law."'
On Friday, July 1, 2016, California Governor Jerry Brown signed a number of firearm-related
bills into law. These include Senate Bill 1235 (De Leon) -Ammunition("SB 1235"), and Senate Bill
1446(Hancock) - Firearms: Magazine Capacity ("SB 1446"), SB 1235 establishes a comprehensive
ammunition sales registration and licensing scheme that will apply to all ammunition sales in the state
of California. SB 1446 bans the possession magazines capable of holding more than 10 rounds.
With the passage of these bills, sections 11.16.070 (barring possession of magazines capable of
holding more than 10 rounds) and 11.16.080 (requiring the reporting of ammunition sales) of the
proposed ordinance are now duplicative of and/or conflict with state law. They are thus preempted.
Because enacting either provision of the proposed ordinance will only serve to expose the city to costly
and time consuming litigation,we urge the City Council to reconsider its support for such an
ordinance.
As the California Court of Appeals has made clear, "the goal of any local authority wishing to
legislate in the area of gun control should be to accommodate the local interest with the least possible
interference with state law[,]" and thus, "when it comes to regulating firearms, local governments are
well advised to tread lightly.i'Jurisdictions failing to follow this advice have subjected themselves to
expensive and time consuming litigation, contrary to what the City Council Staff Report states.
For example,the City of Sunnyvale was sued in 2013 for enacting an ordinance that, among its
other provisions,prohibited the possession of lawfully owned magazines capable of holding more than
10 rounds.'Although the Ninth Circuit upheld a denial for a motion for preliminary injunction,the case
has yet to be resolved. And just last year, the City of Los Angeles was sued for enacting a nearly
identical ordinance relating to the possession of magazines capable of holding more than 10 rounds
because such an ordinance is preempted by state law.
1 See Cal. Const., art. XI, § 7; O'Connell v. City of Stockton,41 CalAth 1061, 1067 (2007);
Fiscal v. City and County of San Francisco, 158 Cal. App. 4th 895, 903-04 (2008).
Z O'Connell,41 CalAth at 1068.
3 Id.
°Id. at 919-20.
s Fyock v. Sunnyvale, Case No. 13-05807 (N.D. Cal. 2013).
1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802
TEL: 562-216-4444 • FAx: 562-216-4445 - WWW.MICHELLAW ERS.COM
Proposed Firearms Ordinance
July 6, 2016
Page 3 of 4
H. GOVERNOR BROWN RECENTLY VETOED A PROPOSED BILL REQUIRING THE REPORTING OF
LOST OR STOLEN FIREARMS BECAUSE SUCH A LAW DOES NOT PROMOTE PUBLIC SAFETY
While he signed SB 1235 and SB 1446, Governor Brown vetoed several proposals because they
would not promote public safety or further any law enforcement efforts to prevent crime. One such bill
was Senate Bill 894(Jackson) - Firearms: Lost or Stolen: Reports("SB 894"),which would require
every person to report the theft or loss of a firearm to a local law enforcement agency within 5 days of
the time they knew or reasonably should have known that the firearm had been stolen or lost.
In his veto message of SB 894,' Governor Brown stated that he "did not believe that a measure
of this type would help identify gun traffickers or enable law enforcement to disarm people prohibited
from having guns." Governor Brown also noted "responsible people report the loss of theft of a firearm
and irresponsible people do not; it is not likely that this [proposed law] would change that."
As a result, the City of Palm Springs should carefully consider the intended goals of the
proposed ordinance. By mandating the reporting of lost or stolen firearms, otherwise innocent and
responsible citizens may be deterred from reporting the theft or loss of a firearm should they be subject
to potential prosecution simply because they may have failed to make the report within the specified
time.
I11. LAW ENFORCEMENT WIDELY OPPOSE SIMILAR MEASURES
Setting the above aside, law enforcement professionals are opposed to measures identical to
those contained in the proposed ordinance. In the case of the Los Angeles Ordinance which is now
facing a legal challenge,the lead plaintiffs are composed of over two dozen county sheriffs.'Many of
the ordinance's proposals are contained in a proposed ballot initiative that will be included in the
November general election.'But not a single law enforcement agency or organization has publicly
supported this initiative. In fact, the Association of Deputy District Attorneys,' the California State
Sheriffs' Association,10 the California Fish and Game Wardens' Association," and Los Angeles
'A copy of Governor Brown's veto letter for SB 894 can be viewed online at
https://www. og v ca.gov/does/SB 894 Veto Message pdf.
'Id.
' The initiative, titled by its proponents as the"Safety for All Act of 2016,"has just recently
qualified for the November 2016 ballot.
'See http://stoptheammoprab.com/images/ADDA Letter to Newsom.pdf.
0 See http•//stoptheammograb com/imaees/CSSALetterreOpposeSafetyforAllActof2Ol6 Rd
" See
https://www.facebook.com/CACFCL/photos/a.456595907859437.1073741828 445776255608069/467
534206765607/?type=3&fref--nf.
1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA - 90802
Tel - FR9-71 Fi-dddd - FAX I MII^.HFI 1 AWVFRS ! M
Proposed Firearms Ordinance
July 6, 2016
Page 4 of 4
County District Attorney Steve Cooley(Ret.)" are just a handful of the growing number of law
enforcement groups opposing the initiative as it would do nothing to promote public safety or law
enforcement efforts to deter crime.
IV. CONCLUSION
Our clients understand the need to combat the criminal misuse of firearms, and they have a
variety of effective programs for doing so available to the City upon request. These programs do not
overburden responsible business owners or flout the constitutional guarantees of law-abiding citizens.
We ask the City Council to consider implementing such programs before pursuing any action on this
proposal that targets otherwise lawful firearm businesses who are the purveyors of constitutional rights
and their law-abiding customers. For these reasons,we strongly encourage the City Council not to
adopt the Ordinance.
If you have any questions or concerns regarding the content of this correspondence,please feel
free to contact us at your convenience.
Sincerely,
Michel& Associates, P.C.
Matthew Cubeiro
"See hn://stopleammojzrab.com/imapes/Coalition Letter-March 28 udf.
160 EAST OCEAN BOULEVARD • SUITE 200 - LONG BEACH 0 CALIFORNIA • 90802
TFn Fi6P-7 1 E9-4444 • FAX -i6P-O i IR-4445 - W MICNFI 1 AWYFRS ChM
�7/6/2016 04 : 47 PDT TO: 17603238207 FROM: 7162423285 Page: 2
ARMED GAYS DON'TGET BASHED.
I;,
Mayor Robert Moon
Mayor Pro Tent Chris Mills
Councilmember Ginny Foat
Councilmember Geoff Kors
Councilmember J.R. Roberts
Executive Assistant Jennifer Nelson
CTPY HALL
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Opposition to Proposed Firearms Ordinance
Dear Honorable Members of the Palm Springs City Council:
1 write to you on behalf of the Pink Pistols, a non-partisan organization dedicated to
activism supporting Second Amendment rights, especially for those in the GLBT community.
The Pink Pistols' motto is "Armed gays don't get bashed." A significant portion of what Pink
Pistols does is educating and training the GLBT community in the proper use of firearms to
defend against violent attacks from criminals and bigots and providing a safe, non-judgmental
environment for members of all experience levels to feel comfortable while doing so.
It has come to our attention that the City of Palm Springs is considering an ordinance
further restricting the lawful use of firearms in response to the recent terrorist attack in Orlando.
We are opposed to any such ordinance. No legislation, either federal, state, or local, has had any
protective effect against criminal or terrorist activity like the attack on the Orlando nightclub.
Nor is the enforcement of any law guaranteed.' In fact, none of the provisions of the proposed
1 See, e.g., Town of Castle Rock, Colorado v. Gonzales, 545 U.S. 748 (2005) (holding that
individuals have no interest in police enforcement of a restraining order)
17/6/2016 04 : 47 PDT TO : 17603238207 FROM: 7162423285 Page: 3
ordinance would have prevented the attack or would have had any deterrent effect, despite this
being a primary motivation for the ordinance.
As a result of the attack in Orlando, the Pink Pistols has seen a surge of over 6,500 new
members wishing to exercise their Second Amendment rights in order to defend themselves, and
that number continues to grow. As a result of this increase, the Pink Pistols now has over 40
chapters nationwide, including a chapter in Palm Springs.' What's more, firearm sales to the
GLBT community have soared.' And everywhere throughout the United States law abiding
firearm instructors are offering free shooting lessons to members of the GLBT community.4
To that end,the City of Palm Springs should instead seek proposals that encourage and
promote the safe handling of firearms, which we know will have the desired effect of promoting
public safety. We ask the City to consider such programs before enacting ordinances that will
only impact law abiding gun owners and do nothing to promote public safety.
Sincerely,
Gwendolyn S. Patton
First Speaker, Pink Pistols International
firstspeakerOpinkpistol s.org
http:/,hvw-w.pinkpi,,tols.orR
2 See littps:/hvww.facebook.coin/PalinSI-ringsPinkPistols/.
3 Keagan Harsha, Gun Sales Surge Among Gays, Lesbians After Orlando Shooting,FOX31
Denver, http:/ikd%.r.com/2016/06/14/gun-sales-surge-after-orlando-shooting (June 14, 2016).
4 See, e.g., Tom Knighton,Bigots?No, Heroes: US. Gun Owners Everywhere Offering FREE
Shooting Lessons to Gays, PJ Media, ht!ps://pimedia.com/trendinE/2016/06i15/bi gots-no-heroes-
it-,.,-gun-owners-everywhere-offering-free-shooting-lessons-to-ga s/?singlepage=tnie(June 15,
2016).
Jay Thompson
From: Jack Newby <jack.newby92264@gmail.com>
Sent: Wednesday, July 06, 2016 2:06 PM
To: Jay Thompson; Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts
Cc: Jack Newby
Subject: Written Testimony Being Submitted Regarding Two Items on the Agenda for the City of
Palm Springs City Council Meeting of July 6, 2016
Attachments: TestimonytoPSCityCouncil-7-6-16.pdf
Dear Honorable Mayor Moon and Members of the Palm Springs City Council,
I have submitted directly to the City Clerk's Office via this email with copies to each of you individually, my
written testimony that I would like to be made part of the official record in your deliberations and consideration
of two items on tonight's agenda. The letter is only three (3)pages long, but I believe sets forth my concerns
and also suggests realistic solutions that could resolve what I see as serious problems with these two items. The
two items are:
Item 313: PROPOSED ORDINANCE AMENDING THE PALMN SPRINGS MUNICIPAL CODE,
RELATING TO NON-DISCRIMINATION IN CITY CONTRACTING.
Item 5F: The Consideration of the City of Palm Springs to enact a gun control ordinance in the wake of the
tragic Orlando shootings. I believe certain provisions that appear in the Staff Report are Unconstitutional and
could end up costing the City of Palm Springs or the Riverside County Prosecutors Office considerable amounts
of money to put forth. It is also possible that if this is found to be Unconstitutional that it would put The City of
Palm Springs, locally, regionally, or even perhaps Nationwide in a bad light. We do not need that.
I ask that you read this two and one-half page letter prior to your consideration of these Agenda Items.
Thank you for the opportunity to participate in my City Government.
Respectfully,
Jack Newby
2701 Pintura Cir S
Palm Springs, CA 92264
'7k,%6
t � 3:46 $ s, t=.
Jack M. Newby
2701 Pintura Circle South
Palm Springs, CA 92264
Phone: 760-325-6393
Cell. 760-3334969
e-mail: Jack.NewbVDverizon.net
July 6, 2016
Honorable City Council
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Written Testimony to be Considered on Two Agenda Items on the Agenda for
July 6,2016
Dear City Council:
This letter is being written and I ask that it be considered regarding two agenda items on the City
Council Agenda for July 6,2016. I will set forth my written testimony in accordance with the
order the item appears on the agenda.
Item 3B: 3.B. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE,RELATING TO NON-DISCRIMINATION IN CITY CONTRACTING:
My concerns that this proposed ordinance is vague, ambiguous,unnecessarily burdensome to
small businesses doing business with the City of Palm Springs and could have serious
unintended consequences to businesses and other entities contracting with the City of Palm
Springs.
Section 2 (3)
Unnecessarily Burdensome: The threshold to"trigger"the application of this ordinance for
businesses and other entities doing business with the City of Palm Springs is $10,000.00. I
believe this level if far too low and will probably impact small businesses that are currently
providing contract services to the City of Palm Springs. Why? These businesses may be
providing health insurance to their employees. If they are required to then provide health
insurance to married spouses, domestic partners and others named in the ordinance, it may prove
too expensive depending on the vague and ambiguous provisions of this proposed ordinance.
The end result could be that our local businesses may stop doing business with the City of Palm
Springs because they would actually lose money on a$10,000.00 contract or, significantly
increase the"share of cost'for health insurance for their employees who may then find
themselves uninsured. In addition, small businesses will be experiencing and 50%increase in
minimum wage over the next few years because of the$15.00 per hour minimum wage recently
passed in California. Although I support this increase,I have experienced in my budgeting for
my workplace very difficult decisions regarding the upcoming minimum wage increases that we
need to put in our budget. For every employee working full time, the increase is $1.040.00 per
year plus additional taxes, workers compensation and other benefits. So the real amount is
Jack M. Newby
approximately$1,200.00 per minimum wage employee. The other consequence of this increase
is that if you have an employee who has worked hard and is making more money per hour and
then finds that a new hire is making the same or slightly less. Of course,the experienced
employee who has worked hard will be resentful about this situation. Accordingly,the employer
must increase other wages of workers to avoid this situation or potentially lose a valuable
employee
Recommendation Regarding Unnecessarily Burdensome: l would suggest two provisions to
change the threshold so small businesses can continue to do business with the City of Palm
Springs. The provisions are:
1. increase the threshold amount to contracts of$100,000.00 or more;
2. The ordinance only applies to business of 50 or more employees.
The Proposed Ordinance is Vague and Ambiguous: The proposed ordinance as it now stands
is vague and ambiguous as to how the employer provides insurance to spouses,domestic partners
and others as outlined in the ordinance. Some employers offer health insurance with a"share of
cost'to the employee because of the continued increases in the cost of health insurance. Many
of these employers will also offer insurance to the spouse or domestic partner at the full cost of
the insurance acid the employee,or their spouseldomestic partner will be responsible for making
the full payment monthly or lose their coverage.
Consequences of this ordinance being Vague and Ambiguous: The potential unintended
consequences of this ordinance may result in small businesses no longer offering health
insurance to their employees, especially if they have to offer the insurance to the
spouse/domestic partner on the same ternis of the employee with only the"share of cost." The
added burden could potentially Kann this business to the extent that they may stop doing
business and the City of Palm Springs will lose a tax generating small business that employs
local citizens and we will have another vacant storefront in Palm Canyon Boulevard or other
areas of the City.
Recommendation: Clarify exactly under what terms the firm contracting with the City of Palm
Springs must provide health insurance to spouses/domestic partners. This is especially important
because the company doing business must certify to the City as a provision of their contract that
they are offering the insurance to spouses/domestic partners of their employees.
Section 4 (e): This section is concerning because of the provision that preference in hiring must
be given to Coachella Valley Residents. I understand and applaud the intent to help employ
Coachella Valley residents and mostly agree with this provision. However, I believe this is an
undue burden on employers that may utilize a recruitment firm for a National search to make
sure they have found the best person for the position. Recruitment firms for a National Search
are not inexpensive. In fact,their fees could be in the thousands of dollars. This provision
impedes an employer from finding an employee that the truly believe is the best, most qualified
person for the position. This section of the proposed ordinance allows the employer to"make a
case"for an exception. This is just another hurdle imposed on our local employers. Finally,
perhaps this entire section should be eliminated because it appears that it might be in"conflict
with federal or state laws,or regulations." (emphasis added to highlight the exact language in
the proposed ordinance) This provision also adds another burden to the Contract Administrator.
Jack M. Newby
A¢enda Item 5F: I really don't understand why a City of about 40,000 people would even
consider such an ordinance, especially in light of the recent increased regulations passed by our
State Legislature. However if it is to be considered, I would like to express my concerns on two
proposed provisions from the Staff Report:
Item b): I strongly believe that this provision is Unconstitutional and could be used as a pretext
to inspect a home for determining if firearms are stored safely in the home. First, "stored safely"
is not defined, so is therefore vague and ambiguous. If such an ordinance is ever considered,
"stored safely"must be defined so the homeowner knows what they need to do. My major
concern is the"pretext"to enter a home to inspect for"stored safely"firearms when the
"inspector"did not have sufficient evidence to procure a warrant to enter the property. Then, the
"inspector"notes not only that firearms are not"stored safely"but also notices that the
individual is engaged in other criminal activity such as drug sales and the amount of drugs
clearly show they are in the quantities for sale and therefore make an arrest for criminal charges
on the other items found in the private residence of a resident of Pahn Springs . This could apply
to any items that may be found on this"inspection"that could result in an arrest on criminal
charges and the"inspector"entered the private residence without a warrant. I strongly believe
that this could cause considerable costs to the City of Palm Springs,the County Prosecutors
Office in order to justify an warrantless search. It could possibly be appealed to a higher court
and Palm Springs would be forever"tainted"with attempting to find a way around securing a
warrant to enter a private residence in order to"inspect'for firearms that are not "stored safely"
I don't think we want that kind of publicity.
Item e): Please see above argument regarding Item b) as I believe it would also apply to
vehicles.
Thank you for your consideration of this written testimony.
R sp ctfully,
Ja_ Newby
2701 intura Cir S
Palm Springs, CA 92264