Brady Campaign Monday September 30 at the Pleasant Hill City Council Meeting

Contra Costa Brady Campaign
TAKE ACTION!
We Need Your Help!
Attend Pleasant Hill City Council Meeting!
WHEN: Monday, September 30
TIME: 7:30 pm
WHERE: Pleasant Hill City Hall
100 Gregory Lane, Pleasant Hill

(1) Attend the Pleasant Hill City Council Public Hearing
(2) Fill out a Speaker Card
(3) Speak up in SUPPORT of the proposed ordinance to regulate the sale of firearms and ammunition, and to ban home occupation gun dealers

You don’t have to live in Pleasant Hill to weigh in on this issue. Guns don’t stay where they are sold and unregulated gun sales affect the whole region. We commend Mayor Michael Harris and Councilman David Durant for bringing this issue back to the full Council for consideration. It is important that we get a strong turnout at the September 30th public hearing to show support for their effort!

10 Reasons to Ban Home Occupation Gun Dealers
You don’t have to live in Pleasant Hill to be concerned about the ramifications of allowing Home Occupation Gun Dealers to operate in residential neighborhoods. Guns don’t stay where they are sold. And illegal guns all start out as legal guns. Firearms and ammunition are two dangerous products. Sales of firearms and ammunition belong in a commercial business zone with proper security and oversight. This is not an appropriate activity for a residential neighborhood.

Here are 10 good reasons why you should be concerned about having your next door neighbor (Federal Firearms License or FFL dealer) selling guns and ammunition out of his/her home:

  • The safety of residents in close proximity to home-based firearm and ammunition sales poses concerns about the negative influence of such home occupations on children, the possible increase in violence and/or criminals in city residential neighborhoods, trafficked firearms, and the frequency of federal and state inspections to adequately regulate these business operations once established;

  • Fire and/or explosive hazard caused by potentially large quantities of firearms and associated ammunition in close proximity to the homes of those residents in the city and locations;

  • Potential theft of firearms and ammunition through burglary or robbery;

  • Inability to safely and securely store such firearms and ammunition in a home-based business where children are commonly present;

  • No assurance that appropriate measures are being taken to prevent the accessibility of firearms/ammunition by individuals prevented by law from possessing loaded firearms (ATF has found that FFLs are the largest source of trafficked firearms. In 2007, ATF found that over 30,000 firearms were missing from FFLs’ inventories with no record of sale.);

  • Increased vehicular and foot traffic in residential areas caused by a firearms and ammunition sales business that could change the neighborhood’s character and harm the quality of life;

  • Probable negative impact on neighboring property values and requirement to “disclose” presence of home gun dealer upon sale of neighbors’ homes;

  • Increased demands on local law enforcement resources to monitor numerous home gun dealers;

  • Lack of sufficient federal or state inspections due to limited resources. (ATF reported in 2007 that it inspects each FFL, on average, only once every 17 years);

  • Internet gun sales are virtually unregulated. According to ATF agents at the N. California ATF Division Office in Dublin, home-based Internet FFL gun dealers typically operate by setting up a website offering a variety of firearms and ammunition. They are able to order the firearms from the manufacturer using their FFL discount. The firearms are sent to the dealer’s home, where he then sells them out of his house (must perform background checks) or redistributes them through the mail to another FFL dealer out of the area (who must perform background checks if required).

Article in the Contra Costa Times PH/Martinez Record
http://www.contracostatimes.com/ci_23901145/pleasant-hill-considers-regulating-gun-and-ammunition-dealers?IADID=Search-www.contracostatimes.com-www.contracostatimes.com

Pleasant Hill Considers Regulating Gun and Ammunition Dealers
By Lisa P. White at the Contra Costa Times
Posted: 08/20/2013
PLEASANT HILL — In a surprise move, Mayor Michael Harris and Councilman David Durant on Monday presented a draft ordinance requiring a police permit for firearms and ammunition dealers.

Under the proposal, gun shops could not locate within 150 feet of a residence, within 500 feet of parks, another gun dealer, massage parlor or adult entertainment venue or within 1,000 feet of a day care or school. Store owners and employees would have to pass a criminal-background check.

Dealers also must install an alarm system and surveillance cameras. The permit must be renewed annually.

Existing firearms dealers would be exempt from the location restrictions in the ordinance, but they would have to submit employees’ background information to the Pleasant Hill police.

The sole dealer in the city with a home occupancy permit to sell guns would be allowed to continue operating, but no new permits for residential sales would be granted if the council approves the ordinance.
Durant and Harris said regulating gun and ammunition sales would protect residents’ health, safety and welfare and provide for local control.

The City Council voted 4-1 to direct the city attorney to review the proposed ordinance and make any changes necessary to conform with state and federal law by Sept. 9. The council is scheduled to discuss the ordinance Sept. 30.

Police Chief John Moore said police have not had any problems with the four firearms dealers in the city — City Arms, Diablo Valley Gun Works, Big 5 and a federally licensed gun dealer who operates an online business from his home. Dick’s Sporting Goods, which is being built in the Crossroads Shopping Center, also is expected to sell guns.

Councilman Jack Weir, a longtime National Rifle Association member, opposes the ordinance because he believes it would make it more difficult for residents to buy guns.
“The right of people to have firearms and use them for their own defense shouldn’t be infringed,” Weir said. “This to me smacks of infringement.”

In a strongly worded letter to the council, a Southern California law firm representing the NRA and the California Rifle and Pistol Association claims that, “various provisions of the proposal unlawfully burden business, are pre-empted by state law, and/or violate constitutional protections, such as the right to keep and bear arms.”

However, the courts have ruled that the Second Amendment doesn’t prohibit government regulation of firearms dealers. Since the 1990s, gun control advocates have pressed city governments to adopt stronger regulations for firearms and ammunition dealers, such as requiring a land use permit, a police permit, on-site security and other measures.

At least 32 California counties and cities — including Richmond, Antioch and Lafayette — require a police permit or land use permit, according to the Law Center to Prevent Gun Violence, a national advocacy group.

In crafting their proposal, Durant and Harris said they reviewed ordinances from several Contra Costa County cities, including Oakley, Pinole and San Pablo.

In 2011, Harris and Durant proposed requiring a use permit for new gun stores. Planning commissioners ultimately rejected the proposal because they didn’t believe it addressed any existing public safety issues.

For several years, the Contra Costa chapter of the Brady Campaign to Prevent Gun Violence has been pushing the city to regulate gun and ammunition sales and to ban home gun dealers. On Monday, Pleasant Hill resident Karen Arntzen, a member of the chapter, praised Harris and Durant for reintroducing the issue.

Jim Bonato, a planning commissioner, also commended them.
“Legislation cannot prevent people from doing bad things, but we can promote a safer environment,” Bonato said.

Lisa P. White covers Martinez and Pleasant Hill. Contact her at 925-943-8011.