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HomeMy WebLinkAboutItem 7.1 Regulation of Firearm Retailers and Indoor Shooting Ranges Agenda Item 7.1 STAFF REPORT CITY COUNCIL Page 1 of 7 DATE: September 1, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Regulation of Firearm Retailers and Indoor Shooting Ranges Prepared by: Jennifer Byous, Planning Manager EXECUTIVE SUMMARY: The City Council will receive a report on potential land use regulations for firearm retailers and indoor shooting ranges. In January 2026, the City Council adopted an Urgency Interim Ordinance establishing a temporary moratorium on the establishment, expansion, and relocation of firearm related businesses and indoor shooting ranges. The urgency ordinance allows time for the City to complete a comprehensive review of the land use and re gulatory frameworks governing such uses. In response, Staff evaluated existing federal and state regulations, Second Amendment case law, and regulations adopted by other jurisdictions. The City Council will receive the report and is requested to provide direction to Staff regarding the future regulation of firearm dealers and indoor shooting ranges . STAFF RECOMMENDATION: Receive the report and direct Staff to prepare amendments to the Dublin Municipal Code establishing a 1,000-foot separation between firearm related uses and public and private K–12 schools and evaluate the feasibility of requiring documentation of compliance with federal and state workplace safety and environmental regulations during the building permit review for indoor shooting ranges. FINANCIAL IMPACT: Implementation of any of the recommended changes to the Dublin Municipal Code (DMC) is anticipated to have minimal fiscal impact. Modifications to the DMC and supportive administrative work would require Staff and City Attorney time associated with community outreach, ordinance preparation, Planning Commission review, and City Council consideration. These activities are expected to be completed within existing departmental resources. 27 Page 2 of 7 DESCRIPTION: Background The Dublin Municipal Code (DMC) regulates firearm sales related businesses as retail uses and such uses are permitted in zoning districts where retail uses are allowed. Indoor shooting ranges are regulated as Recreational Facility/Indoor uses. For purposes of this Staff Report, firearm retailers and indoor shooting ranges are collectively referred to as “firearm related uses” unless otherwise specified. The City received an inquiry regarding a proposed firearm retailer and indoor shooting range adjacent to BASIS Independent School in Downtown Dublin. Although the proposed use is permitted under the existing zoning regulations, the inquiry raised questions regarding land use compatibility and whether additional zoning standards should be considered. On January 20, 2026, the City Council adopted Urgency Interim Ordinance No. 01-26 establishing a 45-day moratorium on the establishment, expansion, and relocation of firearm related businesses and indoor shooting ranges. On March 3, 2026, the City Council extended the moratorium through January 27, 2027 (Ordinance No. 02 -26). The moratorium was adopted to allow the City time to complete a comprehensive review of land use and regulatory frameworks governing such uses, and to protect the public health, safety, and welfare during the review period. Staff evaluated existing federal and state regulations, Second Amendment case law, regulations adopted by other jurisdictions, and separation standards. The City Council will receive the report and is requested to provide direction regarding the future regulation of firearm dealers and indoor shooting ranges. Existing Regulatory Framework Firearm related businesses are regulated through a combination of federal and state laws. These laws establish licensing requirements, regulate firearm sales and transfers, impose background checks and recordkeeping requirements, and establish workplace safety and environmental standards. Local governments retain authority to regulate the location of firearm related uses through zoning and land use regulations. Firearm retailers. Firearm dealers are subject to federal and state licensing requirements administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the California Department of Justice (DOJ)1. These agencies regulate dealer licensing, background checks, waiting periods, recordkeeping, secure firearm storage, inspections, and enforcement2. Dealers must comply with both federal and state requirements before engaging in firearm sales. 1 18 U.S.C. § 923; Cal. Penal Code §§ 26700–26915. 2 18 U.S.C. Chapter 44; California dealer licensing (Penal Code §§ 26700–26915) 28 Page 3 of 7 Federal and state law also establishes Gun-Free School Zones that generally prohibit the possession of a firearm within 1,000 feet of schools, subject to specified statutory exemptions3. While these laws regulate firearm possession rather than land use, they reflect state and federal policy recognizing schools as sensitive environments. This policy provides context for local governments when evaluating land use compatibility between firearm related businesses and schools. Indoor shooting ranges. Indoor shooting ranges are subject to workplace safety and environmental regulations administered by federal and state agencies. The Occupational Safety and Health Administration (OSHA) and California Occupational Safety and Health (Cal/OSHA) regulate employee exposure to airborne lead, ventilation, respiratory protection, medical surveillance, and other workplace safety requirements4. The California Department of Toxic Substances Control (DTSC) regulates the handling, storage, transportation, and disposal of lead contaminated materials and other hazardous wastes generated by shooting range operations5. A summary of these regulatory responsibilities is provided in Attachment 1. Indoor shooting ranges are also subject to a Building Permit in which the City’s applicable building, mechanical, electrical, fire, accessibility, and other life safety requirements are reviewed. Specialized components such as ballistic containment and bullet trap systems, mechanical ventilation and filtration systems may be required to meet federal, state, or local requirements. Second Amendment The Second Amendment protects an individual’s right to keep and bear arms. In District of Columbia v. Heller (2008), the United States Supreme Court recognized an individual ’s right to possess firearms for lawful purposes, including self-defense. McDonald v. City of Chicago (2010) held that the Second Amendment applies to state and local governments, and New York State Rifle & Pistol Association v. Bruen (2022) and Wolford v. Lopez (2026) establish the current framework for evaluating firearm regulations under the Second Amendment. Federal courts have also recognized that the Second Amendment protects the ability to lawfully acquire firearms. However, this does not prevent local governments from applying land use regulations to firearm related businesses. Courts consider the practical effect of a regulation, including whether it meaningfully limits the ability to lawfully acquire firearms or the ability to learn to use them, in the case of ranges. The exact constitutional test that would be applied in the event of a challenge is highly uncertain, due to the shifting landscape. 3 Federal Gun-Free School Zones (18 U.S.C. § 922(q)) and California Gun-Free School Zones (Penal Code § 626.9). The restrictions only apply to public property, and, therefore, it is not unlawful to operate a firearms dealer within 1,000 feet of a school. 4 OSHA/Cal-OSHA lead standards (29 CFR § 1910.1025; 8 CCR § 5198) 5 DTSC hazardous waste authority (Health & Safety Code, Div. 20, Ch. 6.5 / Title 22 CCR) 29 Page 4 of 7 Local Land Use Authority The Ninth Circuit addressed the issue of local land use authority in Teixeira v. County of Alameda (2017), which involved a zoning ordinance requiring firearm retailers to be separated from certain uses, including schools. The court upheld the ordinance and found that the Second Amendment does not guarantee a firearm retailer the right to operate at a particular location. Although Teixeira was decided before Bruen, the Ninth Circuit confirmed in B & L Productions, Inc. v. Newsom (2024) that restrictions on where firearms may be sold do not necessarily violate the Second Amendment. The relevant consideration is the practical effect of the regulation on the ability to acquire firearms. More recent Ninth Circuit decisions, including Nguyen v. Bonta (2025), further demonstrate that regulations that meaningfully limit firearm acquisition require additional Second Amendment analysis. These decisions support evaluating the practical effect of proposed land use regulations to ensure there is land zoned for commercial and industrial activities outside of separation areas. A summary of the principal decisions relevant to local land use regulation s is provided in Attachment 2. Local Regulatory Approaches Staff reviewed regulations adopted by 14 California jurisdictions and the City of Chicago to better understand the range of regulatory approaches used for firearm related businesses. Chicago was included because its regulations have been the sub ject of significant litigation and provide an additional example of how firearm related businesses have been regulated following more recent legal challenges. A detailed comparison of the jurisdictions reviewed is provided in Attachment 3. Many of the ordinances reviewed were adopted before Bruen and subsequent federal court decisions. Staff therefore evaluated the se regulatory approaches through the lens of the current legal framework rather than treating those ordinances as models for adoption. The regulatory approach varies by jurisdiction. Some jurisdictions adopted local firearm dealer licensing programs, discretionary permit requirements such as a Conditional Use Permit (CUP), operational standards, and/or land use regulations such as separation requirements. These jurisdictions use licenses and permits to regulate matters such as security, recordkeeping, employee requirements, and the manner in which firearm sales are conducted. However, these regulations overlap with activities already regulated through federal and state licensing and regulatory programs. Land use related permits such as a CUP allow for case-by-case review. However, this approach lacks objective zoning standards that establish clear and predictable requirements that allow the City to directly address compatibility issues. The use of separation standards is a common zoning tool used to address compatibility between uses. Requirements for a separation between certain uses deemed relevant for that jurisdiction provide consistent and objective requirements. 30 Page 5 of 7 Analysis If the City were to apply additional regulations to the firearm related uses, Staff would recommend a focused land use approach consisting of an objective separation requirement from schools. This approach addresses compatibility issues between land uses while not duplicating existing federal and state regulatory programs for firearm dealer licensing, firearm sales, security, recordkeeping, and other operational requirements and avoids conflicts with established case law. Separation Standards Separation standards are a common zoning tool used to address compatibility between uses. According to the Giffords Law Center’s statewide survey of local firearm ordinances, 34 California jurisdictions have adopted objective separation requirements for firearm related businesses. Staff reviewed a representative subset of these jurisdictions in greater detail to compare the types of protected uses, separation distances, and measurement methods most relevant to Dublin as shown in Table 1 below. Table 1. Firearm Separation Requirements Jurisdiction Residential Zoning/Uses Educational & Child-Oriented Uses Community & Civic Uses Regulated Commercial Uses1 Pleasant Hill 150 ft 1,000 ft 500 ft - Alameda County 500 ft 500 ft - 500 ft Oakland 1,000 ft Varies Varies 1,500 ft San Carlos 1,000 ft 1,000 ft 1,000 ft 1,000 ft Chicago, IL - 500 ft – primary and secondary school 500 ft – government owned or leased parks - 1. Regulated commercial uses vary by jurisdiction and may include other firearm dealers, liquor establishments, adult entertainment businesses, and massage related establishments. The City currently uses separation standards for the regulation of tobacco retailers, adult businesses, hazardous waste facilities, and cottage food operations. Of these uses, the tobacco retailer standard is most similar to the established federal and state 1,000-foot Gun- Free School Zones around K–12 schools. The City requires tobacco retailers to maintain a 1,000-foot distance between tobacco retailers, a 1,000-foot distance from K–12 schools, and a 500-foot separation to a playground, youth center, city-owned and city-operated recreational facilities, park, or library. Staff evaluated three separation scenarios: a) applying a 500-foot separation from schools; b) applying a 1,000-foot separation from schools; and c) applying the tobacco retailer separation standards. In the evaluation, Staff considered land use compatibility and whether reasonable opportunities would remain for firearm related uses to locate within the City as shown in Table 2 below. Attachment 4 provides additional information, and Attachment 5 provides maps demonstrating the separation under each of the three separation scenarios. 31 Page 6 of 7 Table 2. Separation Alternatives Scenario Acreage Outside Separation Areas Percent Outside Separation Areas 500-foot school separation 1,082 acres 95% 1,000-foot school separation 947 acres 83% Tobacco retailer separation 758 acres 67% Policy Options and Recommendation Based on the existing regulatory framework, current Second Amendment case law, the review of other jurisdictions, and the separation analysis, Staff identified the following options for the City Council’s consideration: Option 1: Maintain existing regulations. Continue to regulate firearm related businesses and indoor shooting ranges under the existing zoning framework. This means, for example, that the proposed firearm retailer and indoor shooting range adjacent to BASIS Independent School in Downtown Dublin would be allowed. Option 2: Establish a 500-foot separation between firearm related uses and public and private K–12 schools. While this option provides 95% availability outside the separation areas for firearm related businesses, Staff believes the separation level would have minimal effect. Option 3: Mirror the tobacco retailer separation standard. Staff does not recommend this option because it would significantly reduce available commercial and industrial land for firearm related businesses. It is important to preserve reasonable opportunity sites within the City in accordance with the Second Amendment considerations discussed above. Option 4 (recommended): Establish a 1,000-foot separation between firearm related uses and public and private K–12 schools. Staff recommends this option, which maintains consistency with existing firearm possession laws while also recognizing schools as sensitive environments. Staff also believes this still maintains adequate land zoned for commercial and industrial activities outside of separation areas. If directed, Staff could also evaluate the feasibility of adding a local requirement for applicants to provide documentation demonstrating compliance with applicable federal and state (i.e., OSHA, Cal/OSHA, and DTSC) workplace safety and environmental regulations for indoor shooting ranges as part of the building permit process. 32 Page 7 of 7 Next Steps Based on the City Council’s direction, Staff will prepare the appropriate regulations and policies to implement that direction. If amendments to the DMC are proposed, Staff will prepare the amendments for consideration and a recommendation by the Planning Commission and final action by the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Existing Federal and State Regulatory Framework 2) Second Amendment Case Law Relevant to Local Land Use Regulation 3) Firearm Related Use Regulations by Jurisdiction 4) Commercial and Industrial Land Use Acreage Comparison 5) Separation Scenario Maps 33 Attachment 1 FEDERAL AND CALIFORNIA REGULATORY FRAMEWORK Firearm Retailers and Indoor Shooting Ranges Purpose. This attachment summarizes federal, state, regional, and locally administered regulatory programs applicable to firearm retailers and indoor shooting ranges. The matrix identifies the responsible agency, regulated subject, applicable authority, principal requirements, inspection and enforcement responsibilities, and relevance to the City's land use review. These programs regula te matters including firearm dealer licensing and transactions, occupational safety, lead exposure, hazardous waste, building and f ire requirements, and other operational matters. They are distinct from the City's land use authority, which addresses the location and compati bility of firearm-related businesses. Planning Oriented Regulatory Matrix Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance ATF - Federal Firearms License Engaging in the business of importing, manufacturing, or dealing in firearms; dealer records; transfers; inventory losses. 18 U.S.C. §§ 922, 923; 27 C.F.R. Part 478. Federal Firearms License; identity verification; transaction and acquisition/disposition records; compliance with transfer prohibitions; reporting theft or loss; license renewal. ATF industry operations investigators conduct compliance inspections and may issue warning letters, warning conferences, suspension/revocation proceedings, or referrals as authorized by law. A City zoning approval does not authorize firearm sales. Federal licensing is a separate prerequisite. The FFL program does not determine local land use compatibility. FBI / NICS and California DOJ point-of-contact process Purchaser eligibility and background checks. 18 U.S.C. § 922(t); 27 C.F.R. § 478.102; Cal. Penal Code §§ 28220 et seq. Background check before transfer; review of federal and state prohibitions. California dealers submit transactions through the DOJ Dealer Record of Sale system. FBI and California DOJ administer records checks; prohibited transfers may be denied or delayed; violations may be referred for enforcement. Background-check administration is not a local zoning function and generally does not require a duplicative City process. California DOJ - Dealer Licensing and Centralized List Eligibility to operate as a California firearm dealer. Cal. Penal Code §§ 26700- 26915; DOJ dealer Valid FFL; applicable local regulatory or business license; seller's permit; DOJ DOJ may inspect records and dealer operations as authorized by statute State law expressly anticipates applicable local licensing but does not require a local jurisdiction 34 Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance regulations and forms. Certificate of Eligibility; placement on DOJ Centralized List; employee Certificates of Eligibility for employees handling, selling, or delivering firearms. and may deny, remove, suspend, or pursue enforcement concerning state eligibility and dealer compliance. to create a police-permit program. Zoning and any City business-license requirements remain distinct. California DOJ – Ammunition Vendor Regulation Retail sale and transfer of ammunition Cal. Penal Code §§ 16151, 30312, 30342– 30365, 30370– 30372, 30385– 30395. California generally requires ammunition sales and transfers to be conducted by or processed through a licensed ammunition vendor. A California- licensed firearms dealer is automatically deemed a licensed ammunition vendor, subject to applicable ammunition-sale requirements. State law also contains provisions applicable to ammunition purchased or received at licensed target facilities. California DOJ administers ammunition-vendor licensing and ammunition purchase authorization requirements and maintains ammunition transaction records as required by state law. An indoor shooting range that sells ammunition may be subject to California ammunition-vendor requirements. If the range also engages in firearm sales, the separate federal and California firearm- dealer licensing requirements apply. These requirements regulate ammunition and firearm transactions rather than land use compatibility. California DOJ - Sales, Waiting Period, Records, Storage and Reporting Dealer Record of Sale, purchaser documentation, waiting period, delivery procedures, safe handling, Cal. Penal Code §§ 26800- 26915, 27540, 28220 and related provisions. DROS submission; statutory waiting period; delivery only after approval and compliance; purchaser identification and DOJ audits/inspections and criminal or administrative enforcement may apply. These requirements regulate transactions and dealer conduct. They do not replace local review of the location and physical compatibility of the use. 35 Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance storage, notices, and records. documentation; dealer storage and security requirements; employee eligibility; records and required notices. OSHA - Federal Lead and Workplace Safety Employee exposure where federal OSHA has jurisdiction; general safety requirements. 29 C.F.R. § 1910.1025; 29 C.F.R. Part 1910; Occupational Safety and Health Act. Exposure assessment; permissible exposure limit; engineering and work-practice controls; respiratory protection; protective clothing; hygiene; housekeeping; medical surveillance; training; records. OSHA may inspect workplaces and issue citations and penalties. California operates an approved State Plan, so most private workplaces in California are principally regulated by Cal/OSHA. Federal standards provide a baseline and may apply in limited federal- jurisdiction settings. They are not land use entitlements. Cal/OSHA - Lead in General Industry Employee exposure to lead at indoor ranges and during cleaning or maintenance. 8 C.C.R. §§ 5198 and 5155; Cal. Labor Code; updated lead standard effective January 1, 2025. 10 micrograms per cubic meter 8-hour TWA PEL under §5198; exposure assessment; engineering/work- practice controls; respiratory protection; protective clothing; housekeeping; hygiene facilities and practices; medical surveillance; training; recordkeeping. Cal/OSHA consultation and enforcement; workplace inspection, citation, abatement, and penalty authority. Ventilation design and operation may be necessary to control exposure, but compliance is determined through occupational-safety standards and exposure conditions, not by a city- created technical lead standard. DTSC / California Hazardous Waste Control Law Discarded recovered bullets, fragments, spent ammunition constituents, lead Cal. Health & Safety Code, Div. 20, Ch. 6.5 (§§ 25100 et seq.); 22 C.C.R., Waste determination; generator identification; accumulation and labeling; storage time DTSC and the local CUPA inspect and enforce generator and hazardous-waste requirements. A city may require evidence of agency compliance through ordinary development review, but creating 36 Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance dust, filters, cleaning residues, contaminated media, and other wastes. Div. 4.5; DTSC Shooting Range Maintenance Guidance. limits; manifests and authorized transport/disposal; employee training and contingency requirements as applicable. Recovered material may be managed differently if legitimately recycled and not discarded. separate local waste classifications or disposal rules would risk duplication. CalEPA Unified Program / Alameda County Certified Unified Program Agency (CUPA) Hazardous-waste generator oversight; hazardous- material inventory and business plans; local implementation of state standards. Cal. Health & Safety Code Chs. 6.5 and 6.95; 19 C.C.R., Div. 5; 27 C.C.R. electronic reporting requirements; CalEPA Unified Program. CERS reporting; Hazardous Materials Business Plan when thresholds are met; chemical inventory; site map; emergency response and employee training information; hazardous-waste generator permits/identification as applicable. Alameda County Department of Environmental Health, as CUPA, administers permits, inspections, and enforcement in its jurisdiction, subject to program boundaries and local arrangements. Project conditions should direct applicants to the CUPA for applicability determinations rather than establish a parallel city technical program. U.S. EPA - RCRA / CERCLA / EPCRA Hazardous-waste requirements and reportable releases of lead or other hazardous substances. Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; 40 C.F.R. Parts 260-279; CERCLA §103 and 40 C.F.R. §302.6; EPCRA, 42 U.S.C. §§ 11001 et seq. Federal generator requirements may apply based on waste classification and generator status. Certain releases at or above reportable quantities require notification. EPA states that lead particles below specified size and at EPA or authorized state agencies may inspect and enforce. California is authorized to administer its hazardous-waste program, which may be more stringent than federal requirements. EPA requirements are conditional and fact- specific. Whether an indoor shooting range is subject to EPA permitting or other regulatory requirements depends on the specific activities, waste streams, and potential releases associated with the facility. 37 Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance reportable quantities may trigger release notification. California Fire Code / Local Fire Code Official Fire and life safety; hazardous materials; fire protection systems; storage and handling; emergency access. 2025 California Fire Code, Title 24, Part 9, including Chapters 9 and 50; locally adopted amendments; Health & Safety Code and Title 19 as applicable. Building and operational fire permits as applicable; hazardous-material classification and quantity review; HMMP/HMIS when required; storage safeguards; ventilation where code-triggered; automatic sprinklers or extinguishing systems when required; alarm, access, and emergency provisions. Local fire code official reviews plans, permits construction/operations as authorized, and inspects for code compliance. Fire-suppression and hazardous-material requirements are governed by generally applicable building and fire codes and project-specific review and inspection. These requirements are addressed through existing regulatory processes rather than through firearm- specific local standards. BAAQMD - Air District Permitting New or modified sources of air pollution and associated control devices; toxic-air- contaminant review. BAAQMD Regulation 2, Rules 1, 2 and 5; applicable particulate and toxic rules; California Health & Safety Code air-district authority. Authority to Construct and Permit to Operate may be required for a source or control device unless exempt. Permit review addresses emissions, toxic risk, and applicable control requirements. BAAQMD reviews applications, issues permits, inspects, and enforces Air District rules. No firearm-range-specific BAAQMD rule was identified. Referral is appropriate for a case- specific determination regarding ventilation exhaust, filtration or other emission sources. City of Dublin - Land Use, Building and Development Review Location, zoning classification, site design, building permits, and local Dublin Municipal Code; California Planning and Zoning Law; locally adopted Zoning clearance or entitlement; objective separation standard if adopted; building/mechanical/ City departments enforce local approvals and adopted codes. The City's principal added value is determining where the use may locate and ensuring compliance with generally applicable 38 Agency / Program Regulated Subject Primary Authority Core Requirements Inspection / Enforcement Planning Relevance fire/building coordination. building and fire codes. electrical permits; site-specific conditions within lawful authority; referral to regulatory agencies. development standards, not duplicating dealer licensing or occupational/environmental regulation. Ongoing Inspection and Enforcement. Regulatory oversight continues after a firearms retailer or indoor shooting range begins operation. Depending on the facility and its operations, applicable requirements may be enforced through Cal/OSHA workplace inspections, hazardous waste inspections by DTSC or the local CUPA, fire and life safety inspections, and Air District inspec tions where applicable. The City would continue to enforce its land use approvals and applicable building and fire code requirements, while other agencies would administer and enforce requirements within their respective areas of responsibility. 39 Authorities and Primary Sources 1. ATF, Federal Firearms Licenses. https://www.atf.gov/firearms/federal-firearms-licenses 2. ATF, Federal Firearms Licensee Quick Reference and Best Practices Guide. https://www.atf.gov/firearms/tools-and-services-firearms-industry/current-licensees/federal- firearms-licensee-quick-reference-and-best-practices-guide 3. ATF, Firearms Compliance Inspections. https://www.atf.gov/firearms/tools-and-services-firearms-industry/current-licensees/compliance- inspections 4. FBI, National Instant Criminal Background Check System. https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics 5. California DOJ, Becoming a Firearm Dealer and/or Ammunition Vendor. https://oag.ca.gov/firearms/dealer-vendor 6. California DOJ, Firearms Dealer Frequently Asked Questions. https://oag.ca.gov/firearms/dlrfaqs 7. California DOJ, Overview of Key California Firearms Laws. https://oag.ca.gov/ogvp/overview-firearm-law 8. California Legislative Information, Penal Code, Part 6 – Control of Deadly Weapons. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN&tocTitle=+Pen al+Code+-+PEN 9. California Penal Code § 16151 – Ammunition Vendor. Defines “ammunition vendor” and provides that a licensed firearms dealer is deemed a licensed ammunition vendor for purposes of California law. 10. California Penal Code § 30312 – Ammunition Sales and Transfers. Generally requires ammunition sales and transfers to be conducted by or processed through a licensed ammunition vendor and contains an exception for ammunition purchased or received at a licensed target facility when the ammunition remains on the facility premises. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?article=2.&chapter=1.&division= 10.&lawCode=PEN&part=6.&title=4. 11. California Penal Code §§ 30342–30365 – Ammunition Vendors. Establishes requirements governing persons and businesses engaged in the sale of ammunition, including ammunition-vendor licensing and transaction requirements. 12. California Penal Code § 30352 – Ammunition Transaction Records and Target-Facility Provision. Requires ammunition vendors to record and electronically submit specified transaction information and includes provisions applicable to persons purchasing or receiving ammunition at a licensed target facility when the ammunition remains on the premises. 13. California Penal Code §§ 30370–30372 – Ammunition Purchase Authorizations. Establishes the California Department of Justice ammunition purchase authorization process. 14. California Penal Code §§ 30385–30395 – Ammunition Vendor Licenses. Establishes California ammunition-vendor licensing requirements. 15. Cal/OSHA, 8 C.C.R. § 5198 – Lead. https://www.dir.ca.gov/title8/5198.html 40 16. Cal/OSHA, Occupational Lead Exposure Prevention Guidance. https://www.dir.ca.gov/dosh/lead/ 17. Cal/OSHA, 8 C.C.R. § 5155 – Airborne Contaminants. https://www.dir.ca.gov/title8/5155.html 18. DTSC, Shooting Range Maintenance Guidance. https://dtsc.ca.gov/shooting-range-maintenance-guidance/ 19. CalEPA, Unified Program. https://calepa.ca.gov/cupa/ 20. CalEPA, Unified Program Laws and Regulations. https://calepa.ca.gov/cupa/lawsregs/ 21. Alameda County Environmental Health, Hazardous Materials / CUPA. https://deh.acgov.org/ 22. U.S. EPA, Release Notification for Lead from Ammunition. https://www.epa.gov/epcra/release-notification-lead-ammunition 23. 2025 California Fire Code, Title 24, Part 9, Chapter 50. https://codes.iccsafe.org/content/CAFC2025P1/chapter-50-hazardous-materials-general- provisions 24. BAAQMD, Regulation 2 – Permits. https://www.baaqmd.gov/en/rules-and-compliance/rules/reg-2-permits 25. BAAQMD, Regulation 2, Rule 1 – General Requirements. https://www.baaqmd.gov/en/rules-and-compliance/rules/reg-2-rule-1-general-requirements 26. BAAQMD, Regulation 2, Rule 5 – New Source Review of Toxic Air Contaminants. https://www.baaqmd.gov/en/rules-and-compliance/rules/reg-2-rule-5-new-source-review-of- toxic-air-contaminants 41 Attachment 2 SECOND AMENDMENT CASE LAW RELEVANT TO LOCAL LAND USE REGULATION Decision Holding (Plain English) Planning significance Effect on local zoning authority United States Supreme Court Decisions District of Columbia v. Heller, 554 U.S. 570 (2008) The Second Amendment protects an individual right to possess a handgun for lawful self-defense. The right is not unlimited. The Court identified longstanding limits, including laws concerning sensitive places and conditions and qualifications on the commercial sale of arms. Establishes the protected individual right and cautions against treating firearm regulation as ordinary policy balancing. Does not decide firearm-retailer zoning. Local land use rules remain subject to the Second Amendment when they burden protected conduct. McDonald v. City of Chicago, 561 U.S. 742 (2010) The Second Amendment right recognized in Heller applies to state and local governments through the Fourteenth Amendment. Local ordinances are subject to the federal constitutional standard. Cities may exercise land use authority, but local enactments must comply with the Second Amendment. N.Y. State Rifle & Pistol Assn. v. Bruen, 597 U.S. 1 (2022) When the Second Amendment’s text covers the regulated conduct, the government must show that its regulation is consistent with the Nation’s historical tradition of firearm regulation. Courts may not uphold a firearm law merely by balancing public benefits against the burden on the right. Requires legal analysis based on constitutional text and historical tradition rather than policy balancing alone. Objective land use standards are not automatically valid or invalid. The practical effect of the regulation and the conduct it regulates remain important to the constitutional analysis. Wolford v. Lopez, 609 U.S. ___ (2026), reversing 116 F.4th 959 (9th Cir. 2024) The Supreme Court invalidated Hawaii’s default rule barring licensed carry on private property open to the public without the owner’s express consent. Applying Bruen, the Court concluded that the State had not shown a relevant historical tradition supporting the broad restriction. Wolford concerns carrying firearms on private property, not firearm sales or business location. It reinforces that modern firearm restrictions must be analyzed under Bruen rather than justified by policy balancing alone. Does not decide firearm-retailer zoning or school buffers. It is relevant as current Supreme Court guidance on the Bruen framework, but should not be cited as direct authority for or against a land use separation standard. United States Court of Appeals for the Ninth Circuit Decisions 42 Decision Holding (Plain English) Planning significance Effect on local zoning authority Teixeira v. County of Alameda, 873 F.3d 670 (9th Cir. 2017) (en banc) Alameda County required firearm retailers to obtain a conditional use permit and maintain a 500-foot separation from specified uses, including schools. The court rejected the Second Amendment claim because the plaintiffs did not plausibly allege that the ordinance meaningfully impeded prospective customers’ access to firearms. The court also held that a dealer has no freestanding Second Amendment right to sell firearms at a chosen location. Directly addresses local zoning of firearm retailers. The practical effect of the ordinance on customers’ ability to acquire firearms was central to the court’s analysis. Remains important zoning precedent, but it predates Bruen and should not be treated as establishing a stand-alone “reasonable sites” test or a numerical safe harbor for local buffers. B & L Productions, Inc. v. Newsom, 104 F.4th 108 (9th Cir. 2024), cert. denied (2025) The Ninth Circuit held that laws barring firearm sales on state property did not implicate the Second Amendment where they did not meaningfully constrain any individual’s ability to keep and bear arms. The court concluded that Teixeira’s meaningful-constraint approach is consistent with Bruen. Provides the key post-Bruen link to Teixeira. A restriction on the place of sale does not necessarily implicate the Second Amendment when lawful acquisition remains practically available elsewhere. Supports examining the real-world geographic effect of a location rule. It does not establish that any particular buffer distance or amount of remaining land is constitutionally sufficient. Nguyen v. Bonta, 140 F.4th 1237 (9th Cir. 2025) The Ninth Circuit held that California’s one-firearm-per-30-days law meaningfully constrained firearm acquisition and implicated the Second Amendment. The court then found the law inconsistent with the Nation’s historical tradition of firearm regulation. Illustrates the other side of the meaningful-constraint inquiry: a direct limit on how often an eligible person may acquire firearms can burden protected conduct. Nguyen is not a land use case and does not independently validate zoning restrictions. It reinforces the importance of evaluating the practical effect of a regulation on lawful acquisition. 43 Decision Holding (Plain English) Planning significance Effect on local zoning authority Rhode v. Bonta, 145 F.4th 1180 (9th Cir. 2025) The Ninth Circuit held that California’s ammunition background- check regime meaningfully constrained the right to keep and bear arms. In doing so, the court expressly contrasted that statewide regime with Teixeira and B & L Productions, explaining that a minor constraint on the precise locations within a geographic area where firearms may be acquired does not necessarily meaningfully constrain the right. Provides recent post-Bruen Ninth Circuit guidance tying Teixeira, B & L Productions, and Nguyen together. It emphasizes practical effect, including the costs, delays, and geographic scope of a regulation. Useful support for documenting the geographic effect of a proposed separation standard. It does not establish that a particular buffer or percentage of remaining commercial land is constitutional. 44 Attachment 3 FIREARM RELATED USE REGULATIONS BY JURISDICTION Comparative Jurisdiction Matrix Jurisdiction Firearm Sales / Zoning Separation Standard Local Permit / Operations Indoor Shooting Ranges Current Primary Citation / History Planning and Post- Bruen Observation Dublin No firearm- specific use classification. Retailers are treated as retail uses; indoor ranges are treated as Recreational Facility/Indoor uses. None currently. No firearm-specific local police permit identified. Allowance depends on the zoning district applicable to Recreational Facility/Indoor uses. DMC §§ 8.08.020 and 8.12.050; Ordinance No. 01- 26 (temporary moratorium). Baseline condition. Proposed ordinance would add objective location standards without creating a new police-permit program. Pleasanton Firearm sales require a permit from the Chief of Police and must comply with zoning and business-license requirements. No firearm-specific school separation identified in Chapter 6.64. Firearm Sales Permit; secured facility and permit conditions. No dedicated firearm-range chapter identified; land use classification must be confirmed for a proposed site. PMC §§ 6.64.030, 6.64.070 and related provisions. Nearby example of a local permit model. Dublin staff is not recommending a parallel local licensing system. Livermore No separate firearm-retailer land use classification identified in the reviewed current development code. None identified. No firearm-specific local dealer permit identified in the reviewed current code. Gun ranges/shooting clubs are addressed under recreation/cultural facility classifications; zoning allowance depends on district and entitlement requirements. Livermore Development Code Ch. 3-50; Livermore Municipal Code Ch. 9.78 (discharge- related provisions). Nearby comparator, but not a direct school-separation model. 45 Jurisdiction Firearm Sales / Zoning Separation Standard Local Permit / Operations Indoor Shooting Ranges Current Primary Citation / History Planning and Post- Bruen Observation San Ramon No firearm- specific retailer classification identified in the reviewed current zoning code. None identified. No firearm-specific dealer permit identified. No firearm-specific indoor-range standard identified; generally applicable land use classifications and permits would govern. San Ramon Zoning Ordinance, Title D; municipal code provisions concerning discharge and weapons. Not a direct comparator for the proposed zoning standard. Pleasant Hill Firearm sales are subject to a police permit and firearm-specific zoning standards. 150 ft from residential uses; 1,000 ft from public/private schools; 500 ft from parks, other firearm sales, massage establishments, and adult entertainment uses, subject to code definitions and exceptions. Police permit; security, insurance, records, and related operating requirements. No dedicated indoor-range standard identified in the firearm-sales ordinance. PHMC Ch. 9.35 and § 18.25.160; Ord. 876 (2013), amended by Ord. 896 (2016). Direct Bay Area comparator for a 1,000-ft school separation. Predates Bruen and should be used as planning context, not a constitutional safe harbor. Fremont Firearm dealers and gunsmiths are restricted retail uses requiring a conditional use permit where allowed. No firearm-specific school buffer identified in the current cited land use standard. Chief of Police firearms-dealer permit; security approval, controlled storage, employee requirements, insurance, and compliance provisions. Indoor ranges may fall within applicable recreation classifications; no dedicated range standard identified in the cited dealer provisions. FMC Ch. 5.55 and § 18.190.160; code history includes Ord. 2081 (1994), Ord. 5- 2008, Ord. 23-2018, Ord. 02-2020, and later use-table amendments. CUP plus police- permit model. More discretionary and operationally detailed than Dublin’s proposed approach. Alameda County Firearm sales require a conditional use permit in applicable 500 ft from residentially zoned property, schools, day care, liquor stores, and other County firearm- dealer license; compliance with federal/state licensing, building, A CUP is required where an indoor range is allowed under applicable County Alameda County Code §§ 17.54.130- 17.54.141; Teixeira v. County of Alameda, 873 F.3d Principal Ninth Circuit firearm-retailer zoning precedent. Teixeira predates Bruen; practical access and 46 Jurisdiction Firearm Sales / Zoning Separation Standard Local Permit / Operations Indoor Shooting Ranges Current Primary Citation / History Planning and Post- Bruen Observation unincorporated zoning districts and a County firearm-dealer license. firearm sales businesses, subject to code measurement and findings. fire, storage, and security requirements. classifications; project-specific confirmation is required. 670 (9th Cir. 2017) (en banc). remaining sites remain important. Palo Alto Firearm dealers require a local permit and, under the 2023 zoning amendments, a conditional use permit where permitted. Firearm-specific zoning standards apply under PAMC § 18.42.210; current definitions, measurements, and exceptions should control. Permit, investigation, annual renewal, business/security rules, inspection authority, and insurance requirements. No dedicated indoor-range chapter identified. PAMC Ch. 4.57 and § 18.42.210; zoning provisions adopted in 2023 after Bruen. Post-Bruen zoning amendment. Useful current comparator, although the local program includes licensing and operational controls beyond Dublin’s recommendation. Oakland Firearm dealers require a local permit and planning/zoning compliance. Distances vary by protected use under Oakland’s current planning regulations. Police permit, security, inventory, records, reporting, and inspection provisions. No dedicated current range standard confirmed in this review. OMC Ch. 5.26; Oakland Planning Code provisions applicable to firearms sales activities. Broad regulatory program. Use only verified current provisions that directly support the City’s planning analysis. San Carlos Firearm retailers are limited to a designated Firearm Establishment Business Area and require land use and law- enforcement approvals. 1,000 ft from residential zoning, schools, day care, youth/community centers, places of worship, parks, and specified firearm-related or commercial uses. Law Enforcement Safety Permit; security/surveillance, management plan, annual renewal, inspections, and operating-hour limits. Expressly regulated. Indoor ranges are limited to designated areas and require land use and safety permits, a range- safety officer, management plan, and operational controls. SCMC Chs. 5.13 and 5.14; Title 18, including § 18.23.300; Ordinances Nos. 1540 and 1542 (2019). Most comprehensive Bay Area comparator. Broader than Dublin’s proposed zoning-only approach and adopted before Bruen. San Marcos Retail firearm sales may occur in conjunction with an approved indoor shooting 500 ft for indoor ranges from child care, K-12 public schools, public parks, residential Local firearm-dealer license; CUP conditions may address operating issues and law- Indoor ranges permitted in the Industrial Zone with a CUP and firearm- specific standards. SMMC Ch. 5.60 and § 20.40.240. Relevant indoor-range comparator. Uses a discretionary CUP and a 500-ft separation. 47 Jurisdiction Firearm Sales / Zoning Separation Standard Local Permit / Operations Indoor Shooting Ranges Current Primary Citation / History Planning and Post- Bruen Observation range; local licensing provisions apply to concealable- firearm sales. zones, bars/breweries, and other indoor ranges. enforcement recommendations. Santa Clara Firearm retailers are treated under generally applicable commercial retail classifications; no firearm-specific use standard identified in the reviewed current zoning code. None identified. No firearm-specific local police permit identified. No firearm-specific indoor-range provision identified. Santa Clara City Code Title 18 (Zoning). General-code comparator rather than a model for firearm-specific standards. Concord Firearm-related retail uses are subject to applicable retail classifications and may require a use permit where specified. None identified. No firearm-specific local police permit identified. A use permit is required where the applicable indoor recreation/range classification is conditionally permitted. Concord Development Code, Title 18; applicable land use tables and use-permit provisions. General discretionary land use model; no verified school buffer. Danville Firearm retailers are treated under generally applicable commercial retail classifications. None identified. No firearm-specific local permit identified. No firearm-specific indoor-range regulation identified. Danville Municipal Code Title 32 (Zoning), applicable commercial use tables. General-code comparator. Walnut Creek Firearm retailers are treated under generally applicable retail classifications. None identified. No firearm-specific local permit identified. No firearm-specific indoor-range regulation identified. Walnut Creek Municipal Code Title 10 (Planning and Zoning), applicable use tables. General-code comparator. 48 Jurisdiction Firearm Sales / Zoning Separation Standard Local Permit / Operations Indoor Shooting Ranges Current Primary Citation / History Planning and Post- Bruen Observation Chicago, Illinois Firearms dealers are a defined use requiring a City firearms-dealer license and compliance with zoning. 500 ft from primary/secondary schools and government- owned or leased parks under current cited provisions. Firearms-dealer license with eligibility, safety- plan, operating, and renewal requirements. Shooting range facilities are classified as participant sports/recreation uses and are subject to zoning and licensing provisions. Chicago Zoning Ordinance §§ 17- 17-0106-C and 17- 4-0200; Municipal Code Ch. 4-144, including § 4-144- 750. Included because Chicago firearm- business restrictions have generated federal litigation. It is not a California peer and should be treated as supplemental context. 49 Attachment 4 Commercial and Industrial Land Use Acreage Comparison General Plan and Specific Plan Land Use Designations Existing Acreage Available with 500-ft School Available with 1,000-ft School Available with Tobacco Sensitive-Use Business Park/Industrial 101 101 95 50 Business Park/Industrial and Outdoor Storage 60 60 60 21 Campus Office 127 127 103 97 Campus Office/High-Density Residential 14 14 14 14 Downtown Dublin-Retail District 113 109 88 81 Downtown Dublin -Transit- Oriented District 87 51 10 10 Downtown Dublin – Village Parkway District 31 31 31 20 General Commercial 216 211 203 176 General Commercial/Campus Office Use 2/Campus Office Retail/Office Retail/Office and Automotive Total commercial and industrial acreage 1,136 1,082 947 758 *Tobacco sensitive-use comparison applies a 1,000-foot separation form public and private elementary, middle, junior high, and high schools and a 500-foot separation from playgrounds, youth centers, City-owned and operated recreational facilities, parks, and libraries, measured parcel boundary to parcel boundary, consistent with DMC § 8.43.040(B)-(C). The 1,000-foot Retail Tobacco Shop-to-Retail Tobacco Shop spacing requirement in DMC § 8.43.040(D) is not included. Planning-level totals: 500-foot school separation – 1,082 acres (95%); 1,000-foot school separation – 947 acres (83%); tobacco sensitive-use comparison – 758 acres (66%). 50 Gleason Dr Fall onRd Do u g h e r t y R d Sta g e c o a c h R d ScarlettDr Sil v e rg ate Dr Wallis Ranch D r Ta s s a j a r a R d Sign alHill D r Sa n R a m o n R d Ar n o l d R d PalisadesDr Am a d o rPla zaRd Lock har t St SunsetViewD r Future BASIS Independent School StratfordSchool Dublin HighSchool Future Shamrock Hills School TK-8 EmeraldHigh SchoolEnlight Academy 0 1 Mile 580 680 C A M P P A R K S PROXIMITY DISTANCE STANDARD 500 ft School Buffer Date Updated: 8/10/2026 PUBLIC WORKS 100 CIVIC PLAZA CITY OF DUBLIN General Plan Land Use Commercial/Industrial General Commercial Retail/Office Retail/Office and Automotive Neighborhood Commercial General Commercial/Campus Office Campus Office Campus Office / High-Density Residential Industrial Park Business Park/Industrial Business Park/Industrial and Outdoor Storage Medical Campus Medical Campus / Commercial Mixed Use Mixed Use 2/Campus Office Medium/High-Density Residential and Retail Office Public/Semi-Public/Open Space Regional Park Parks/ Public Recreation Open Space Stream Corridor Public Lands Public / Semi-Public Semi-Public Residential Rural Residential/Agriculture (1 Unit per 100 Gross Residential Acres) Estate Residential (0.01 - 0.8 du/ac) Low-Density Single Family (0.5 - 3.8 du/ac) Single Family Residential (0.9 - 6.0 du/ac) Medium-Density Residential (6.1 - 14.0 du/ac) Medium/High-Density Residential (14.1 - 25.0 du/ac) High-Density Residential (25.1+ du/ac) Specific Plan Districts Downtown Dublin - Village Parkway District Downtown Dublin - Transit-Oriented District Downtown Dublin - Retail District Dublin Crossing Only schools that are within 500 feet of commercial land use zones are included with a buffer. Attachment 5500 Foot School Buffer 51 Gleason Dr Fall onRd Do u g h e r t y R d St ageco a c h R d ScarlettDr Sil v e rg ate Dr Wallis Ranch D r Ta s s a j a r a R d Sign alHill D r Sa n R a m o n R d Ar n o l d R d PalisadesDr Am a d o rPla zaRd Lock har t St SunsetViewD r Future BASIS Independent School StratfordSchool Dublin HighSchool James DoughertyElementary School Wells Middle School Future Shamrock Hills School TK-8 Cottonwood Creek School EmeraldHigh SchoolEnlight Academy 0 1 Mile 580 680 C A M P P A R K S PROXIMITY DISTANCE STANDARD 1000 ft School Buffer Date Updated: 8/10/2026 PUBLIC WORKS 100 CIVIC PLAZA CITY OF DUBLIN General Plan Land Use Commercial/Industrial General Commercial Retail/Office Retail/Office and Automotive Neighborhood Commercial General Commercial/Campus Office Campus Office Campus Office / High-Density Residential Industrial Park Business Park/Industrial Business Park/Industrial and Outdoor Storage Medical Campus Medical Campus / Commercial Mixed Use Mixed Use 2/Campus Office Medium/High-Density Residential and Retail Office Public/Semi-Public/Open Space Regional Park Parks/ Public Recreation Open Space Stream Corridor Public Lands Public / Semi-Public Semi-Public Residential Rural Residential/Agriculture (1 Unit per 100 Gross Residential Acres) Estate Residential (0.01 - 0.8 du/ac) Low-Density Single Family (0.5 - 3.8 du/ac) Single Family Residential (0.9 - 6.0 du/ac) Medium-Density Residential (6.1 - 14.0 du/ac) Medium/High-Density Residential (14.1 - 25.0 du/ac) High-Density Residential (25.1+ du/ac) Specific Plan Districts Downtown Dublin - Village Parkway District Downtown Dublin - Transit-Oriented District Downtown Dublin - Retail District Dublin Crossing Only schools that are within 1000 feet of commercial land use zones are included with a buffer. 1,000 Foot School Buffer 52 Gleason Dr Fall onRd Do u g h e r t y R d Sta g e c o a c h R d ScarlettDr Silvergate Dr Wallis Ra n c h D r Ta s s a j a r a R d Sign alHill D r Sa n Ra mon Rd Ar n o l d R d PalisadesDr Am a d o r P l a zaRd Lock har t St Sunset ViewD r 0 1 Mile 580 680 C A M P P A R K S PROXIMITY DISTANCE STANDARD 1000 ft School Buffer 500 ft Buffer * Date Updated: 7/16/2026 PUBLIC WORKS 100 CIVIC PLAZA CITY OF DUBLIN General Plan Land Use Commercial/Industrial General Commercial Retail/Office Retail/Office and Automotive Neighborhood Commercial General Commercial/Campus Office Campus Office Campus Office / High-Density Residential Industrial Park Business Park/Industrial Business Park/Industrial and Outdoor Storage Medical Campus Medical Campus / Commercial Mixed Use Mixed Use 2/Campus Office Medium/High-Density Residential and Retail Office Public/Semi-Public/Open Space Regional Park Parks/ Public Recreation Open Space Stream Corridor Public Lands Public / Semi-Public Semi-Public Residential Rural Residential/Agriculture (1 Unit per 100 Gross Residential Acres) Estate Residential (0.01 - 0.8 du/ac) Low-Density Single Family (0.5 - 3.8 du/ac) Single Family Residential (0.9 - 6.0 du/ac) Medium-Density Residential (6.1 - 14.0 du/ac) Medium/High-Density Residential (14.1 - 25.0 du/ac) High-Density Residential (25.1+ du/ac) Specific Plan Districts Downtown Dublin - Village Parkway District Downtown Dublin - Transit-Oriented District Downtown Dublin - Retail District Dublin Crossing Only areas that are within 500 or 1000 feet of commercial land use zones are included with a buffer. * 500 ft buffer includes parks, City owned facilities, and day care centers. 1,000 Foot School Buffer and 500 Foot Buffer from Other Sensitive Uses 53 Regulation of Firearm Retailers and Indoor Shooting Ranges City Council Meeting September 1, 2026 54 Background •DMC regulates firearm retailers as retail uses, and indoor ranges as Recreational Facility/Indoor uses. •Received an inquiry for a retailer/range near BASIS Independent School -raised land use compatibility concerns. •Moratorium adopted through January 27, 2027. •Reviewed federal/state law, Second Amendment case law, other jurisdictions’ rules, and land use alternatives. 55 Existing Regulatory Framework •Firearm Retailers •Permitting (ATF and DOJ) •Background checks, waiting periods, recordkeeping, secure storage, inspections, enforcement, etc. •Gun-Free School Zones (1,000 feet of schools) •Indoor Shooting Ranges •Air quality regulations (OSHA and Cal/OSHA) •Hazardous materials (DTSC) •Construction requirements 56 Second Amendment / Local Land Use Authority Court decisions guide how local governments may regulate firearm sales and ranges: •Teixeira(2017) —May regulate location if firearm access isn’t meaningfully constrained. •Bruen(2022) —Regulations must align with the nation’s historical tradition of firearm regulation. •B & L Productions(2024) —Location restrictions OK if firearms remain available elsewhere. •Nguyen(2025) —Meaningful constraints on access require further constitutional review. 57 Comparator Jurisdictions •14 California jurisdictions and Chicago reviewed. •Most ordinances predate Bruen(2022). •Operational licenses/permits generally overlap with federal and state regulatory activities. •Separation standards generally address compatibility with schools and other sensitive uses. 58 Separation Requirements in Other Jurisdictions Separation requirements are common zoning tool uses to address compatibility between uses. 150 ft 1,000 ft 500 ft Varies 500 ft 500 ft —500 ft 1,000 ft Varies Varies 1,500 ft 1,000 ft 1,000 ft 1,000 ft 1,000 ft —500 ft (schools)500 ft (public parks)— 59 Separation Alternatives Evaluated Staff evaluated three scenarios, measuring how much commercial and industrial land would remain available outside the separation areas. 1,082 acres 95% 947 acres 83% 758 acres 67% 60 Policy Options Firearm-related uses continue under the current zoning framework, and the proposed retailer and range next to BASIS Independent School would be allowed. Leaves 95% of land available, but Staff believes this separation level would have minimal effect. Not recommended; it would significantly reduce available commercial and industrial land (67% remaining). Consistent with existing Gun-Free School Zone laws, recognizes schools as sensitive environments, and preserves 83% of commercial and industrial land. 61 Staff Recommendation •Receive the report and direct Staff to prepare amendments to the Dublin Municipal Code establishing a 1,000-foot separation between firearm-related uses and public and private K–12 schools and evaluate the feasibility of requiring documentation of compliance with federal and state workplace safety and environmental regulations during building permit review for indoor shooting ranges. 62