HomeMy WebLinkAboutOrd 18-20 Establishing Chapter 5.89 (Safe Firearm Storage) to Title 5 (Public Welfare) of tOrd No. 18-20, Item 4.5, Adopted 12/15/20 Page 1 of 2
ORDINANCE NO. 18 - 20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING CHAPTER 5.89 (SAFE FIREARM STORAGE)
TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE
REGARDING THE SAFE STORAGE OF FIREARMS
WHEREAS, according to Everytown Research and Policy, in 2020 alone there have been
at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally
and seven unintentional shootings by children in California, resulting in two deaths and five
injuries; and
WHEREAS, from 2014 to 2018, there were 629 gun-related deaths within Alameda County
according to the Centers for Disease Control and Prevention; and
WHEREAS, the unsafe storage of firearms threatens public health and safety in the United
States. A 2016 study of gun owners published in the American Journal of Public Health found that
while millions of responsible gun owners follow recommended storage practices, an estimated
54% do not lock up all of their guns, let alone store them unloaded, trigger-locked, and separate
from ammunition; and
WHEREAS, in 2018, a study published in the Journal of Urban Health found that roughly
4.6 million children and youth under age 18 were living in homes with loaded and unlocked
firearms. In addition, a study published in 2006 in the Archives of Pediatric and Adolescent
Medicine found that 73% of children under age 10 living in homes with guns reported knowing the
location of their parents’ firearms. The same study demonstrated that parents often believe,
incorrectly, that their children do not know the location of guns stored in the home or that their
children have not handled their parents’ firearms; and
WHEREAS, many young children, including toddlers, are strong enough to fire handguns.
A Washington Post report in 2015 showed that toddlers were responsible for an average of one
shooting a week that year. In 2013, more preschoolers were shot to death (82) than police officers
(27) according to data from the Centers for Disease Control and Prevention and the Federal
Bureau of Investigation published in October 2015 by the New York Times; and
WHEREAS, a 2010 study in the journal “Suicide and Life-Threatening Behavior” found that
over 80% of children (18 years or younger) who died by gun suicide used a gun belonging to a
family member. According to the Centers for Disease Control and Prevention 637 children die by
gun suicide each year on average; and
WHEREAS, Research from JAMA Pediatrics found that the safe storage of firearms can
reduce firearm suicide and unintentional firearm fatalities among youth; and
WHEREAS, the American Academy of Pediatrics recommends that for individuals who
choose to keep guns in the home, the firearms should be kept unloaded, and locked in a separate
location from ammunition; and
Ord No. 18-20, Item 4.5, Adopted 12/15/20 Page 2 of 2
WHEREAS, unsecured guns are susceptible to theft and pose a significant public health
and safety hazard. A 2017 study in the journal “Injury Epidemiology” found that national survey
data suggests that approximately 380,000 guns are stolen from individual gun owners each year
and that gun owners who do not safely store their firearms are significantly more likely to have
their guns stolen. Reporting from The Trace in 2017 also disclosed that between 2006 and 2016,
the number of guns reported stolen from individuals increased by approximately 60%; and
WHEREAS, 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. For
example, affordable lockboxes with Simplex-type locks, which pop open immediately when
several keys or pushbuttons are touched in a preset sequence, are widely available. Users report
that they can retrieve a loaded weapon in just two to three seconds, and that the locks are also
easy to open in the dark. A publication of the Education & Training Division of the National Rifle
Association describes this type of lockbox as providing “a good combination of security and quick
access.” Some lockboxes also feature biometric locks, which provide immediate access when
they scan the owner’s fingerprint; and
WHEREAS, the City intends to reduce gun violence and gun-related injuries through this
Ordinance.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 5.89 of the Dublin Municipal Code is hereby added to read as
follows:
Chapter 5.89
SAFE FIREARM STORAGE
5.89.010. Definitions
A. “Firearm” means a Firearm as defined in California Penal Code, Section 16520, as
amended from time to time.
B. “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.
C. “Residence” means any structure intended or used for human habitation, including but not
limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling
units, motels, hotels, Single Room Occupancy units (SROs), time shares, mobile homes,
and recreational and other vehicles where human habitations 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.
5.89.020. Prohibitions
Ord No. 18-20, Item 4.5, Adopted 12/15/20 Page 3 of 2
A. No person shall keep a firearm within any residence unless the firearm is stored in a locked
container or disabled with a trigger lock.
5.89.030. Exceptions.
This Chapter shall not apply in the following circumstances:
A. The firearm is carried on the person of an individual in accordance with all applicable laws.
B. The firearm is under the control of a person who is a peace officer under California Penal
Code Section 830.
5.89.040. Penalty
Every violation of this Chapter shall constitute a misdemeanor and upon conviction shall be
punished in accordance with Section 1.04.030.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council of the City of Dublin hereby declares that it would have adopted
each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective
of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 15th day of December 2020, by the following
vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
____________________________
City Clerk