Gun Ordinance Analysis

ANALYSIS

This ordinance prohibits the sale of all firearms and/or ammunition on County property. County property includes all real property owned or leased by the County.

LLOYD W. PELLMAN

County Counsel

LAWRENCE L. HAFETZ

Senior Deputy County Counsel

Special Services Division

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8/25/99

ORDINANCE NO. _____

An ordinance amending Title 13 - Public Peace, Morals and Welfare of the Los Angeles County Code to add Chapter 13.67 to prohibit the sale of firearms and/or ammunition on County property.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Title 13 of the Los Angeles County Code is amended by adding Chapter 13.67 to read as follows:

CHAPTER 13.67

PROHIBITION ON THE SALE OF FIREARMS

AND AMMUNITION ON COUNTY PROPERTY

13.67.010 Legislative Findings.

A. Gunshot fatalities and injuries are of epidemic proportions in Los Angeles County; and

B. Government at all levels has a substantial interest in protecting the people from those who acquire guns illegally and use them to commit crimes resulting in injury or death of their victims; and

C. Recent events throughout the County have generated additional fears of random usage of guns to commit violence on unsuspecting residents, children and adults alike; and

D. In Los Angeles County, in 1997 there were 1,385 firearms deaths. Additionally, in 1997 there were 2,651 hospitalizations for non-fatal injuries. Of these, 2,322 were assault/homicides; 64 were self-inflicted wounds/suicides, and 205 resulted from unintentional shootings; and

E. In Los Angeles County, 27l young people aged 19 or younger were killed with firearms in 1997 and an additional 839 were hospitalized for firearms-related injuries; and

F. Homicides committed with handguns are the leading cause of firearms related injuries and death in California. In 1997 alone, there were 1,944 homicides committed with a firearm in California and approximately 25,000 firearms-related injuries. The vast majority of these deaths and injuries were attributable to handguns; and

G. The widespread availability of illegally obtained firearms has resulted in a significant rise in the number of shooting incidents across the country; and

H. According to a recent report prepared by the Bureau of Alcohol, Tobacco, and Firearms ("ATF") entitled "Gun Shows: Brady Checks and the Crime Gun Traces, January 1999," gun shows provide a forum for illegal firearms sales and trafficking. The ATF reviewed 314 recent investigations that involved gun shows in some capacity. The report states as follows:

The ATF investigations paint a disturbing picture of gun shows as a venue for criminal activity and a source of firearms used in crimes. Felons, although prohibited from acquiring firearms, have been able to purchase firearms at gun shows. In fact, felons buying or selling firearms were involved in more than 46 percent of the investigations involving gun shows. In more than a third of the investigations, the firearms involved were known to have been used in subsequent crimes. These crimes included drug offenses, felons in possession of a firearm, assault, robbery, burglary, and homicide;" and"

I. The ATF report proceeds to state as follows:

"Firearms involved in the 314 reviewed investigations numbered more than 54,000. A large number of these firearms were sold or purchased at gun shows. More than one-third of the investigations involved more than 50 firearms, and nearly one-tenth of the investigations involved more than 250 firearms. The two largest investigations were reported to have involved up to 7000 and 10,000 firearms, respectively. These numbers include both new and used firearms;" and

J. One of the ATF investigations took place in 1994 where the ATF recovered two 9mm firearms which were traced to a Federal Firearms Licensee ("FFL") in Whittier, California. The FFL had sold over 1700 firearms to unlicensed purchasers over a 4-year period without maintaining any records. Many of the sales occurred at swap meets in California. The firearms were then sold to gang members in Santa Ana and Long Beach, California; and

K. The ATF report also states that:

"Although Brady Act background checks have been successful in preventing felons and other prohibited persons from buying firearms from FFLs, gun shows leave a major loophole in the regulation of firearms sales. Gun shows provide a large market where criminals can shop for firearms anonymously. Unlicensed sellers have no way of knowing whether they are selling to a violent felon or someone who intends to illegally traffic guns on the streets to juveniles or gangs. Further, unscrupulous gun dealers can use these free-flowing markets to hide their off-the-book sales. While most gun show sellers are honest and law-abiding, it only takes a few to transfer large numbers of firearms into dangerous hands;" and

L. At the Great Western Gun Show held at the Los Angeles County Fairgrounds last April 30 - May 2, the State Department of Justice ("DOJ") conducted a sting operation to determine if illegal gun trafficking was occurring. During this event, DOJ agents purchased several items that are not legal for sale in California, including two illegal assault weapons, five illegal machine gun conversion kits, and one illegal rocket launcher with projectile. Each of these items was purchased without the completion of a background check as required by law. The firearms purchased were delivered immediately to the agents, without regard to the ten-day waiting period that is also required by law. According to the Attorney General, the only reason agents were not able to identify more illegal gun trafficking is because they ran out of time and money. In fact, City of Pomona police arrested five additional individuals at the gun show for illegal sales; and

M. According to the ATF, on August 13, 1999, the ATF, Pomona Police Department and the State DOJ Bureau of Narcotics Enforcement (BNE) made an arrest after an individual delivered ten Sten machine guns, and a Browning Automatic Rifle to an undercover ATF agent. Pursuant to a search of his residence, additional machine guns and machine gun kits were discovered. The selling of machine guns or the kits to manufacture machine guns is a violation of federal firearms law. The investigation began on July 10, 1999, after undercover agents met with the individual at his vendor's table at the Great Western Gun Show, Fairplex Complex in the City of Pomona. This meeting eventually led to the delivery of six machine guns in the days following the initial negotiations; and

N. At least three of the weapons acquired or possessed by the robbers in the infamous North Hollywood shoot-out of February 28, 1997, were traced back to a gun show on County property where the robbers had purchased them.

13.67.020 Legislative Intent. With passage of this ordinance, the County seeks to ensure that its property and facilities are used in a manner consistent with promoting the health, safety, and welfare of all of its residents. The County also seeks to ensure that all gun transfers occur legally, consistent with State law, and with the requisite background checks.

13.67.030 Prohibition. The sale of firearms and/or ammunition on County property is prohibited.

13.67.040 Definitions. As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended.

A. County Property. County property includes real property owned, leased, subleased, or otherwise assigned by the County, or real property subject to the use and control of the County. It includes real property of the County in the possession of a public or private entity under contract with the County. By way of example, it includes all public buildings and the surrounding grounds owned or leased by the County in the unincorporated and incorporated portions of the County, such as the Los Angeles County Fairgrounds in the City of Pomona.

B. Firearm. "Firearm" includes all devices described in California Penal Code Section 12001, including, but not limited to, any gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. Firearm does not include any instrument as referred to in Government Code section 53071.5.

C. Ammunition. "Ammunition" is any ammunition as defined in California Penal Code Section 12316(b)(2).

D. Peace Officer. "Peace Officer" is any person who is a peace officer as defined in Title 3, Part 2, Chapter 4.5 of the California Penal Code (sections 830, et seq.).

E. Sale. A sale is any transaction, with or without the exchange of consideration, which transfers ownership, title, possession, or control of any firearm, or gives, loans, leases, or delivers a firearm. A sale includes the act of placing an order for any of the aforementioned transfers. The act of displaying a firearm shall not constitute a sale for purposes of this chapter.

13.67.050 Exceptions. Section 13.67.030 shall not apply to the sale of any firearm by a peace officer when on duty and the sale of such firearm is within the scope of his/her duties.

In addition, said section shall not apply to: (i) either the sale of ammunition, or the rental of any firearm, for on-site recreational use, at the Whittier Narrows Trap and Skeet Range within the Whittier Narrows Regional Park; or (ii) to the Public Administrator in the distribution of a private estate or to the sale of firearms by its auctioneer to fulfill its obligations under State law.

13.67.060 Penalty. Every violation of this chapter shall constitute a misdemeanor.

13.67.070 Severability. If any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

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