Text of San Jose Proposed Gun Storage Amendment 10/17/2017

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This is the Proposed San Jose Gun Storage Amendment

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7/28/2017

T-342.181 \ 14366413_2 1

Council Agenda: 10/17/17

Item Number: 8.1

DRAFT–Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final

document.

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN JOSE

AMENDING CHAPTER 10.32 OF TITLE 10 OF THE

SAN JOSE MUNICIPAL CODE TO ADD A NEW PART

5 TO REQUIRE SAFE STORAGE OF FIREARMS IN A

RESIDENCE, AS DEFINED

WHEREAS, firearm injuries have a significant adverse public health and safety impact

nationally, in the State of California, and locally; and

WHEREAS, the Santa Clara County Public Health Department issued a report on

firearm injuries in October 2015. In 2013, 12% of injury deaths were due to firearms

injuries. During the period 2004-2013, there were an average of 44 deaths per year

due to self-inflicted/suicide from firearms injuries, and an average of 28 deaths per year

due to assault/homicide from firearms injuries. Self-inflicted/suicide accounted for the

highest percentage of deaths (59%) from firearms injuries, with assault/homicide

accounting for 37% of deaths from firearm injuries.

WHEREAS, unlocked guns in the home are susceptible to theft during burglaries.

According to a November 2012 report of data from the Bureau of Justice Statistics! a

program of the United States Department of Justice! an average of approximately

172,000 firearms were stolen each year during burglaries over the six-year period from

2005 through 2010. At least 80% or an annual average of at least 135,000 of these

stolen firearms were never recovered by police; and

WHEREAS, according to a report by the Bureau of Alcohol, Tobacco and Firearms,

private individuals in California reported over 10,000 lost or stolen firearms in 2012.

The actual number of stolen guns is likely higher because California law does not

currently require gun owners to report the theft of a firearm, although gun owners in

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Council Agenda: 10/17/17

Item Number: 8.1

DRAFT–Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final

document.

California are required to report the loss or theft of a firearm beginning July 1, 2017;

and

WHEREAS, according to the San Jose Police Department, during the period from May

1, 2014 through April 30, 2017, 286 firearms were reported stolen out of 9270

residential burglaries reported in the City of San Jose.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

SAN JOSE:

A new Part is added to Chapter 10.32 of Title 10 of the San José Municipal Code, to be

numbered, entitled, and to read as follows:

Part 5

SAFE STORAGE OF FIREARMS IN A RESIDENCE

10.32.160 Definitions

As used in this Part, the following terms have the following meaning:

  1. ” Firearm# means a firearm as defined in California Penal Code, Section 16520,

as may be amended from time to time.

  1. ” Locked Container# means a locked container as defined in California Penal

Code Section 16850, as amended from time to time, and is listed on the

California Department of Justice Bureau of Firearms roster of approved firearm

safety devices.

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T-342.181 \ 14366413_2 3

Council Agenda: 10/17/17

Item Number: 8.1

DRAFT–Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final

document.

  1. ” Residence# means any structure intended or used for human habitation, including

but not limited to houses, condominiums, rooms within a Residence, in-law units,

motels, hotels, single room occupancy units, time shares, and recreational and

other vehicles where human habitation occurs.

  1. ” 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,

as may be amended from time to time.

10.32.170 Firearms in Residence — Prohibition

A person who owns or possesses a Firearm and keeps it in his or her Residence shall

store the Firearm in a Locked Container or disable the Firearm with a Trigger Lock

upon leaving the Residence.

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T-342.181 \ 14366413_2 4

Council Agenda: 10/17/17

Item Number: 8.1

DRAFT–Contact the Office of the City Clerk at (408)535-1260 or CityClerk@sanjoseca.gov for final

document.

PASSED FOR PUBLICATION of title this _____ day of ___________, 2017, by the

following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO

Mayor

ATTEST:

TONI J. TABER, CMC

City Clerk

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2 Responses to Text of San Jose Proposed Gun Storage Amendment 10/17/2017

  1. Pingback: EMERGENCY ALERT City San Jose Proposing More Gun Control Ordinances OCT 17 MEETING 130 PM Council Chambers. - GS2AC

  2. Pingback: San Jose City Council Proposing More Gun Control Ordinances, Activist Alert

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