HomeMy WebLinkAboutORD NO. 21-1429 (SAFE GUN STORAGE)
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ORDINANCE NO. 21-1429
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADDING CHAPTER 9.42 TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE HERMOSA BEACH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF FIREARMS IN A RESIDENCE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
A. The Centers for Disease Control and Prevention report that in 2018, there were 39,740 firearm-related deaths in the United States. In 2019, firearms were used in 23,941 suicides in the United States.
B. Americans have broad exposure to firearms. According to a 2017 Pew Research Center survey, nearly half of U.S. adults (48%) grew up in a household with firearms. Among Americans who own a gun, nearly two-thirds (66%) say they own more than one firearm, including 29% who own five or more.
C. Having a loaded or unlocked gun in the home is associated with an increased risk of gun-related injury and death. According to a 2008 report published in the New England Journal of Medicine, living in a home where guns are kept increased an individual’s risk of death by homicide by between 40% and 170%. Similarly, a 2004 national study determined that the
presence of guns in the home increased an individual’s risk of death by homicide by 90%.
D. Firearm injuries have a significant public health impact. According to a 2015 study, researchers conservatively estimate that gun violence costs the American economy at least $229 billion every year, including $8.6 billion in direct expenses such as those for
emergency and medical care. In California, the direct costs of hospital use for firearm assault
injuries alone was estimated at $87.4 million in 2010. 65% of these costs were borne by taxpayers. E. Children are particularly at risk of injury and death from firearms when firearms are not
safely secured in their own homes or in homes they visit. Research shows that an estimated
4.6 million American children live in homes with at least one gun that is loaded and unlocked. According to national data, children and young adults (24 years of age and under) constitute 38% of all firearm deaths and non-fatal injuries. More than 75% of guns used in suicide attempts and unintentional injuries of children and young adults (0-19 years of age)
were stored in the residence of the victim, a relative, or a friend. 89% of accidental shooting
deaths among children occur in the home, and most of these deaths occur when children are playing with an unsecured loaded gun in their parents’ absence.
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F. There is wide consensus among medical professionals, police chiefs, gun control advocates and gun rights groups that applying trigger locals or using lockboxes to store unsupervised
firearms in the home promotes health and safety.
G. Safe storage measures have a demonstrated protective effect in homes with children and teenagers where firearms are stored. Keeping a firearm locked when it is not being carried prevents unauthorized users, including children, form accessing and using firearms which
can reduce tragedies due to suicide, unintentional discharges and firearm theft.
H. The need for safe gun storage laws has become more pressing during recent times. According to estimates from a firearms analytics company, Americans bought nearly 17 million guns in 2020, exceeding the highest total amount of firearms purchased in any
recorded year. And many of these purchasers were first-time firearm owners. Research
demonstrates that the recent spike in demand of firearms is associated with the fears driven by the COVID-19 pandemic and the political turmoil surrounding the 2020 U.S. Presidential Election.
I. Requiring firearms to be stored with trigger locks or in a locked container does not
substantially burden the right or ability to use firearms for self-defense in the home. The locking requirements apply only to firearms that are not being lawfully carried, and allow gun owners to carry loaded and unlocked firearms in the residence at any time.
J. Firearms can be safely stored in and quickly accessed from affordable, widely available
lockboxes. Indeed, users report that they can retrieve a loaded firearm from a pushbutton lockbox in just two or three seconds and that locks are easy to open in the dark. Some lockboxes also feature biometric locks, which provide immediate access when they can scan the owner’s fingerprint.
K. Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of firearm injury and death. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner’s knowledge or permission. This simple measure significantly decreases the risk that the gun will be used to
commit suicide, homicide, or inflict injury, whether intentionally or unintentionally. Safe
storage measures have a demonstrated protective effect in homes with children and teenagers where guns are stored.
SECTION 2. Chapter 9.42, entitled “Safe Storage of Firearms in a Residence” is hereby added
to Title 9 (Public Peace, Morals and Welfare) of the Hermosa Beach Municipal Code to read as follows: CHAPTER 9.42 Safe Storage of Firearms in a Residence
9.42.010 Definitions. 9.42.020 Safe Storage of Firearms in a Residence Required. 9.42.030 Penalty.
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9.42.010 Definitions. For the purpose of this chapter, the following words shall have the meaning set forth herein:
(a) “Firearm” means a firearm as defined in California Penal Code Section 16520. (b) “Locked Container” means a locked container, as defined in California Penal Code, Section 16850, listed on the California Department of Justice Bureau of Firearms roster of approved firearm
safety devices. For purposes of this chapter, a locked container does not include a bag or other
container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag. (c) “Residence” means any structure intended or used for human habitation, including but not
limited to, houses, condominiums, rooms, accessory dwelling units, motels, hotels, single room
occupancy units, time shares, recreational vehicles, and other vehicles where human habitation occurs. (d) “Trigger lock” means a trigger lock that is listed on the California Department of Justice’s
roster of approved firearms safety devices and that is identified as appropriate for that firearm by
reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635.
9.42.020 Safe Storage of Firearms in a Residence Required. (a) Except when carried on the person, during use for cleaning and maintenance, or during use for lawful self-defense, no person shall keep a firearm in any residence unless the firearm is stored in a locked container or is disabled with a trigger lock.
(b) To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code Section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a) of
Section 9.42.020. 9.42.030 Penalty. A violation of any provision of this chapter is a misdemeanor, punishable as set forth in Section 1.04.020 of the Hermosa Beach Municipal Code.
SECTION 3. Environmental Review. The City Council finds this ordinance is exempt from the California Environmental Quality Act (“CEQA”) as provided in Section 15061(b)(3) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3). The ordinance is enacted pursuant to the City’ police powers to mitigate activities that threaten the public health, safety and
welfare of City residents. Therefore, it can be seen with certainty that adopting this ordinance would
not have a significant adverse effect on the environment under CEQA Guideline 15061(b)(3).
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SECTION 4. Effective Date. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage
SECTION 5. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 13th day of May, 2021 by the following
vote:
AYES: Councilmember Armato, Campbell, Mayor Pro Tem Detoy, and
Mayor Massey
NOES: None
ABSENT: None
ABSTAIN: None
_________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Eduardo Sarmiento Michael Jenkins
City Clerk City Attorney
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