Date: Sat, 12 Aug 1995 12:01:50 -0700 (PDT) From: "Paul L. Woodside" Subject: Text of Trixie Johnson's Memo to S.J. City Council (fwd) To: firearms-alert@shell.portal.com Friends: My apologies if you have seen this before. Thanks to Mike Varner for faxing this drivel to me. BTW, I've tried to type it in exactly as it came to me. Paul P.S. I would appreciate any background info on Trixie, both for the meeting on 8/15 and for a future recall effort. ================================================= MEMORANDUM - CITY OF SAN JOSE TO: The Mayor and City Councl FROM: Gun Control DATE: July 19, 1995 ____________________________________________________________________ We are all deeply concerned about the toll of gun violence. For the first time in history, more Californians are killed by guns than in automobile accidents. Last year approximately 650,000 firearms were purchased in California. Over 100,000 guns are reported stolen annually in our state. There are 391 federally licensed gun dealers operating in the city of San Jose. Only 10 of them have obtained handgun sale permits from the city. We know nothing about the other 381 gun dealers. Are they selling guns out of their homes in violation of the San Jose Municipal Code? Are guns for sale being shipped directly to residences in San Jose? Are the dealers requiring the 15 day San Jose waiting period before selling guns? Are their selling and storage sites secured to prevent theft? There are too many unanswered questions. While the city does have an ordinance prohibiting the sale of guns from homes, the large number of federal permits suggests we are not enforcing that law. The Bureau of Alcohol Tobacco and Firearms routinely tells us who has obtained federal firearms licenses. The Fire Department inspects thousands of commercial businesses on an annual basis. The Police Department can, and should, do the same for 391 firearms dealers. We may find that the majority of gun dealers are complying with zoning and other laws. I certainly hope that this is the case. But the unfortunate truth is that we have no idea. I am proposing a seven point package for the Council's consideration requiring stricter enforcement and regulationfor firearms and ammunition dealers: 1. Require the Police Department to investigate every person who obtains a federal firearms license to sell guns. While San Jose does have a law requiring handgun dealers to obtain a city permit, we do nothing to enforce the ordinance. I want the Police Department to investigate everyone who currently holds a Federal Fireams License. We need to do a background check and ensure that dealers are following zoning ordinances (which prohibit operation out of a home). The Police Department should do an on-site check each time a license is applied for or renewed. 2. Require all handgun dealers to obtain a dealers permit from the Police Department This ordinance will seek to clarify the sxisting ordinance and specify the exact requirements for obtaining a local gun dealer's permit. A similar ordinance is being considered in Contra Costa County. 3. Require that as a condition of local permitting, gun dealers must comply with safety and security standards such as the installation of alarm and lighting systems. Over 100,000 guns are stolen in California annually. Gun dealers must comply with safety and security standars such as the installation of alarm and lighting systems. 4. Prohibit gun dealers from operating in sensitive areas. Firearms dealers should be prohibited from operating within 1,000 feet of sensitive areas such as schools, day care centers, parks and recreation facilities, churches, bars and other gun dealers. In San Fransisco an ordinance was adopted which bans gun dealers from operating within 1,500 feet of residentially zoned areas. Contra Costa County is proposing a ban on gun dealer operations within 500 feet of a school, day care, park or church. 5. Require gun dealers to obtain liability insurance. This has been done in numerous cities in California. Oakland requires a $1 million liability policy for gun dealers and Contra Costa County is requiring the same in its proposed ordinance. 6. Require that trigger locks be sold with guns. This has been done in Lafayette. The require a trigger lock be sold with each gun. In addition, we should require a warning which outlines safe gun storage precautions. 7. Require that gun dealers who sell ammunition, keep a record of all ammunition sales. The City of Pasadena adopted an ordinance in February of this year which requires sellers of ammunition to maintain a record of sale that includes purchaser's name, address, date of birth, license, ammunition grade, type, and amount. The ordinance was introduced at the request of the Police Department to assist in the investigation of major crimes, homicides, and shootings. When you buy a fishing license, the shop owner must record the sale. Clearly, this kind of requirement does not impose undue difficulty on gun shop owners who would be required to record ammunition sales. I will be agendizing his package for the Council meeting on August 15. The requested action will be to authorize the City Attorney to draft an ordinance covering the seven items in the package. [end of memo]