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PROPOSED Firearm Policy Recommendations
Policy Recommendation: RAISING AWARENESS Through COMMUNITY
EDUCATION

Raise awareness and educate the community about firearms and resources for suicide prevention.
Purpose:
Different issues were set forward as necessary awareness/education campaigns, including:
suicide prevention (availability of prevention resources, warning signs), hazards of
firearms, living safely with guns, training, safe storage, existing legislation.

Policy Recommendation: END USER SALES TAX

Implement an ‘end user sales tax’ - tax paid directly by the purchaser for firearms and firearmrelated (e.g. ammunition) products.
Purpose:
Tax revenues would be designated for firearm-related community awareness and
education campaigns.

The group considered a gross receipts sales tax, but concluded that a gross receipts sales tax
was unfair to merchants who sell firearms as a small fraction of their business.

Policy Recommendation: MANUFACTURING CRITERIA FOR SALE OF HANDGUNS

Develop a viable, enforceable ordinance that will help reduce availability of poorly constructed,
easily concealable weapons. The Sheriff should be asked to convene local law enforcement
agencies to review the ordinance for enforcement issues.
Purpose:

4

Reduce availability of poorly constructed, easily concealable weapons.

The group had considered a ban on the sale ofso-called Saturday Night Specials/Junk Guns.
Arguments stating that the ban was difficult to enforce (fora variety ofreasons), resulted in the
above policy statement. The 1968 Gun Control Act and the West Hollywood Ordinance could
serve as potential models - because both have some limitations the above policy recommendation
was developed.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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Policy Recommendation: DEALER ORDINANCES
Pass an ordinance affecting firearms dealers in the following areas:
Zoning & Permits:

Requiring firearms dealers to conduct their business in commercial areas (expressly
prohibiting any residential gun dealers in neighborhoods) and requiring a land use
permit(which entails a public hearing and a police permit).
Restricting residential gun dealers from sensitive areas: schools, day care centers,
high concentration of alcohol outlets etc. Ordinance could include a grandfathering
clause for existing dealers.

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Requiring all dealers to carry liability insurance.
Prohibiting individuals with criminal records from selling firearms and prohibiting
firearms dealers from obtaining a permit lo sell firearms if that dealer and/or any of its
agents, officers or employees are prohibited from possessing firearms under CA Penal
Code. This would apply to agents, officers or employees directly handling/selling

firearms and related products.

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Requiring a trigger lock or safety device to be offer^ with the sale of each gun.

Allowing dealers to sell ammunition only to those individuals licensed to own
firearms. Require purchasers to show legal proof of firearm ownership. Ammunition
purchases can only be made that match guns showing legal proof of ownership.
Purpose:
To help monitor the large number of dealers and ensure these transactions are caiTied out

in a manner that ensures the safety of the dealer, neighboring businesses and individuals,
the consumer and the general public. To help ensure that only legal firearms owners have
access to ammunition.
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Policy Recommendations: GUN OWNER ORDINANCES^
After work group discussion, and discussion by the Policy Committee co-chairs it was
determined that it M’ould be too difficult to enforce ordinances directed at gun owners. These
issues were redirected to the policy recommendation around public awareness & community
education to consider community education campaigns around safe storage, training, etc.
Policy Recommendation: AGENCY COLLABORATION
Support collaborative efforts to leverage off existing efforts, decrease replication and reduce

violence through coordinated efforts.
Purpose:
Implement projects/efforts similar to that of the Boston Gun Project, which relies on
strong interagency collaboration to reduce youth & gun violence.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

2

Ask that the Sheriff convene a regular meeting of local law enforcement agencies to
ensure cross jurisdictional collaboration where necessary and possible (e.g. enforcement
of SNS ban at San Jose-based but County-governed fairgrounds).

Policy Recommendation: Support Adoption of State/Federal Laws
1.

A comprehensive licensing and registration law which would require every firearm to be
registered, and every person who wishes to possess a firearm to be licensed. It should include
the following basic components:
a. The CA penal code is' inconsistent in charging dangerous weapons violations as
misdemeanors, misdemeanor/felonies, or felonies. Carrying concealed metal
knuckles, blackjacks or certain knives may be charged as a felony, whereas a
concealed loaded gun without a permit is subject only to misdemeanor charges.
Recommend legislation making the unlawful purchase, sale, possession or use of a
firearm chargeable as a misdemeanor or a felony and accompanied by a lifetime
prohibition of firearms possession after conviction.

b. Different licensing and registration requirements for different classes of firearms
from rifles and shotguns which have recognized sporting or recreational uses (easy
to obtain and lasting in effect), to handguns (require some showing to obtain and
renew annually), to firearms with no recognized sporting or recreational uses such
as assault weapons (require a showing of great need, restrictions on place and types
of uses allowed, annual renewal). Standardization of training components for
different licensing components.
c. Basic licensing criteria for any weapon such as personal qualifications (i.e., no
record for crimes of violence, no mental health problems or history of substance
abuse), demonstrate knowledge and proficiency in firearm use and storage.
9

Place gun manufacturers under consumer product manufacturing safety standards and
provide adequate funding.

Purpose:

Although the State of California preempts registration or licensing, it is important to show
support for these measures at a local level.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

3

Pros & Cons - Proposed Firearm Policy Recommendations
Thefollowing "pros"and "cons"reflect some ofthe opinions and materials presented to thefirearms policy work group as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with

significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.

RAISING AWARENESS THROUGH COMMUNITY EDUCATION

Raise awareness and educate the community about firearms and resources for suicide prevention.
Specific topics discussed include suicide - offering information about access to help
for suicidal individuals.

Although, there was general agreement that awareness and education campaigns were
valuable. However, there was not consensus as to the content of these campaigns.
There were primarily three diverging approaches: 1) messages should take a neutral
approach to guns and gun ownership and center on responsible gun ownership,
existing laws, safety measures, and how to live safely with guns, 2) messages should
center on the inherent dangers of gun ownership especially in the home.
PROS

Community education and awareness can be an integral tool in a larger effort to
change community values, norms or attitudes. Campaigns can raise awareness about
issues and educate communities on how to make their environments safer.

Surveys have shown that a public aware of the disruption guns cause in the
community is more likely to support measures to reduce gun-related violence (Johns
Hopkins, 1996; EDK Associates, 1995).

Public awareness campaigns can be used to reduce firearm violence without the need
for new legislation.
CONS

, The recommendation falls on a bad premise - that is that guns equal violence.
Concern that campaigns make an automatic link between firearms and violence.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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Thefollowing "pros" and "cons" reflect some ofthe opinions and materials presented to thefirearms policy workgroup as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.
END USER SALES TAX

Implement an ‘end user sales tax’ - tax paid directly by the purchaser for firearms and firearmrelated (e.g. ammunition) products.

Tax revenues would be used for community awareness and education campaigns.

The group considered a gross receipts sales tax, but concluded that a gross receipts sales
tax was unfair to merchants who sell firearms as a small fraction of their business.
PROS

Revenues could be used to pay for education and awareness campaigns.

Taxpayers pay about 80% of the cost of treating gunshot wounds, the cost of which
can range from $6,000 - $200,000. Tax revenues will help to defray those costs.
Examples from tobacco and alcohol show that raising taxes on deadly products
decreases availability - especially to youth. Firearms are one such deadly product. The
revenues can then be used to combat the ill effects (e.g.; tobacco) of the product.

In San Leandro a tax on concealable weapons and ammunition in was passed in June
1998.
CONS

There are no best practices showing that taxes would help reduce gun violence.

It would take a two thirds majority of voters to pass a special tax. Concern about
constitutionality of taxes - would likely be challenged in court.
Unfair to individuals opposed to all taxes in general.

These taxes would only cover unincorporated areas of Santa Clara County.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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Pros & Cons - Proposed Firearm Policy Recommendations
Thefollowing “pros” and “cons"reflect some ofthe opinions and materials presented to thefirearms policy work group as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.
MANUFACTURING CRITERIA FOR SALE OF HANDGUNS

Require that all handguns sold in Santa Clara County meet the same minimum manufacturing
requirements of handguns imported into the US, based on the 1968 Gun Control Act.

The group had considered a ban on the sale of so-called Saturday Night Specials/Junk
Guns. Arguments stating that the ban was difficult to enforce, resulted in the above policy
recommendation. These standards were imposed on importation of guns in 1968 at that
time the NRA supported these criteria.
PROS

SNS guns are unsafe, easily concealable, disproportionately used in violent crime - a
ban on sale ofjunk guns would help reduce their availability.

These types of guns are banned from importation - if banned from importation
because of quality and safety concerns, should not then be allowed to be
manufactured and sold domestically. Apply federal standards from 1968 Gun Control
Act.

SNS ban is being implemented in jurisdictions tliroughout Bay Area. Is best ordinance
around, not perfect, but has/is being tested in courts. Santa Clara County is
surrounded by jurisdictions in the greater Bay Area with a SNS ban in place. A ban
would bring Santa Clara County up to speed with majority of Bay Area jurisdictions.
The Supreme Court has not found that the Second Amendment guarantees an
individual’s right to bear arms, rather it has found that in context of a “well-regulated
militia, being necessary to the security of a free State” the Second Amendment right
refers to an organized, well-regulated body.
CONS

SNS ban infringes on First and Second amendment rights.

Bans on SNS are unfair to poor individuals - it’s an issue of equity.

Model ordinances are too vague, difficult to enforce. Difficulty of defining what
constitutes a junk gun/SNS. Applying definition of San Jose ordinance would put
regular duty guns of law enforcement agents on the SNS list.

-These guns are suitable for women because they are small and can be handled by
smaller people - banning them is discriminatory.
Currently enough gun control legislation - SNS bans are the first step toward
confiscation of all guns.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

3

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Pros & Cons - Proposed Firearm Policy Recommendations
Thefollowing "pros” and "cons"reflect some ofthe opinions and materials presented to thefirearms policy work group as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.
DEALER ORDINANCES

Pass an ordinance affecting firearms dealers in the following areas:
Zoning & Permits:
Requiring firearms dealers to conduct their business in commercial areas (expressly
prohibiting any residential gun dealers in neighborhoods) and requiring a land use
permit (which entails a public hearing and a police permit).

Restricting residential gun dealers from sensitive areas: schools, day care centers, high
concentration of alcohol outlets etc. Ordinance could include a grandfathering clause
for some/existing dealers.
Requiring all dealers to carry liability insurance.
“Prohibiting individuals with criminal records from selling firearms and prohibiting
firearms dealers from obtaining a permit to sell firearms if that dealer and/or any of its
agents, officers or employees are prohibited from possessing firearms under CA Penal
Code. This would apply to agents, officers or employees directly handling/selling
firearms and related products.
Requiring a trigger lock or safety device to be offered with the sale of each gun.
Allowing dealers to sell ammunition only to those individuals authorized to own
firearms. Require purchasers to show legal proof of firearm ownership. Ammunition
purchases can only be made that match guns showing legal proof of ownership.
PROS

The large number of residential gun dealers make it difficult for the Bureau of Alcohol
Tobacco & Firearms to adequately monitor all dealers to ensure adherence to registration
and sales criteria.

More difficult to regulate residential dealers, in part do not always keep regular store
hours. Past analyses of firearm dealers have indicated that not all firearms dealers operate
within the laws including: noncompliance with state licensing (50%); lack of a State
Certificate of Eligibility rendering a gun dealer unable to perform a background check
(DROS)as required by the Penal Code.
Ordinances are designed to preserve residential quality of the neighborhood. For at least
one third of SCC federal firearm licensees it is not immediately obvious they are a gun
seller [residents, auto body shops, consultants, etc.].
CONS

Present restrictions covering gun dealers are enough. New laws are not needed, more
enforcement of existing laws is needed. No new zoning ordinances needed.

Statistics show that residential dealers do not significantly contribute to illegal trafficking.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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Thefollowing "pros” and "cons” reflect some ofthe opinions and materials presented to thefirearms policy work group as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.

Ordinances are designed to put out of business small dealers. There are no statistics
showing that residential dealers pose a threat to community.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

5

Pros & Cons - Proposed Firearm Policy Recommendations
Thefollowing "pros" and "cons” reflect some ofthe opinions and materials presented to thefirearms policy workgroup as well

as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.
AGENCY COLLABORATION

Implement projects/efforts similar to that of the Boston Gun Project, which relies on strong
interagency collaboration to reduce youth & gun violence.
Ask that the Sheriff convene a regular meeting of local law enforcement agencies to ensure cross
jurisdictional collaboration where necessary and possible (e.g. enforcement of SNS ban at San
Jose-based but County-governed fairgrounds).
There was general agreement that increased collaboration is good policy. The group considered
the following:
An important component of the Boston Gun Project relied on heavy collaboration across a
variety of agencies, particularly law enforcement agencies without the need for new laws.
GoaHs to identify areas with high incidence of firearm violence enforce existing laws in a
targeted aggressive manner.
Some existing projects, specifically the Restorative Justice Project, rely on increased
collaboration and expanding these efforts and similar ones should be considered.

County should exert leadership and work with city jurisdictions to bring comprehensive
ordinances so there is uniformity within county boundaries.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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Pros & Cons - Proposed Firearm Policy Recommendations
Thefollowing "pros" and "cons" reflect some ofthe opinions and materials presented to thefirearms policy workgroup as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.

Support Adoption of State/Federal Laws
1.

A comprehensive licensing and registration law which would require every firearm to be
registered, and every person who wishes to possess a firearm to be licensed. It should include
the following basic components:
a. The CA penal code is inconsistent in charging dangerous weapons violations as
misdemeanors, misdemeanor/felonies, or felonies. Carrying concealed metal
knuckles, blackjacks pr certain knives may be charged as a felony, whereas a
concealed loaded gun without a permit is subject only to misdemeanor charges.
Recommend legislation making the unlawful purchase, sale, possession or use of a
firearm chargeable as a misdemeanor or a felony and accompanied by a lifetime
prohibition of firearms possession after conviction.
b. Different licensing and registration requirements for different classes of firearms
from rifles and shotguns which have recognized sporting or recreational uses (easy
to obtain and lasting in effect), to handguns (require some showing to obtain and
renew annually), to firearms with no recognized sporting or recreational uses such
as assault weapons (require a showing of great need, restrictions on place and types
of uses allowed, annual renewal). Standardization of training components for
different licensing components.
c. Basic licensing criteria for any weapon such as personal qualifications (i.e., no
record for crimes of violence, no mental health problems or history of substance
abuse), demonstrate knowledge and proficiency in firearm use and storage.
PROS

Drivers must take a test proving competency - gun owners should be subject to same.
Many handguns not registered - only recently been required to register guns it is a good
way to play catch up and get guns registered.
CONS

No best practices were submitted showing effectiveness of licensing and registration.

If firearm been transferred legally, guns can already be traced. No need for increased
registration.
No need for license to drive car on private property, there is no justification for
requiring registration of guns that can only be kept on private property.

Aimed at harassing law abiding folks, has no bearing on violent criminal can’t charge
them.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

7

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Thefollowing "pros" and "cons" reflect some ofthe opinions and materials presented to thefirearms policy workgroup as well
as some ofthe discussions about the policy recommendations. The group engaged in a series ofmeetings and was provided with
significant amounts ofinformation about a range offirearms issues. The pros and cons listed below do not cover the breadth of
information the work group covered, they only present some ofthe views raised during the process.

2.

Place gun manufacturers under consumer product manufacturing safety standards and
provide adequate funding.
PROS

There are numerous safety standards governing toy guns - there are none governing
guns.

Currently, gun manufacturers are exempt from criminal and civil liability and there is
no regulation or oversight of the firearm industry by an appropriate governmental body.
US gun manufacturers should minimally come under the same consumer safety and
-production standards imposed on imported firearms

CONS

The American National Standards Institutes sets gun safety standards for every gun.

Santa Clara County Violence Prevention Council Firearms Policy Work Group - Proposed Firearms Policy Recommendations - July 1998

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