1455 Response Rd.,Suite 190 Sacramento, California 95815 Telephone(916)923-2375 (916)923-1825 FAX(916)263-6090

April 3, 1997

OFFICERS

The Honorable James T. Beall, Jr.

Presideni

RICHARD PROPSTER
Gardena
tst Vice President
PETE HERLEY
Tiburon

2nd Vice President
RICHARD TEFANK
Buena Park

District Four

Santa Clara County Board of Supervisors

County Government Center, 10* Floor, East Wing
70 West Hedding
San Jose, CA 95110

3rd Vice President
. CRAIG STECKLER .
Fremont

Secretary Treasurer

Dear Supervisor Beall:

TED MERTENS
Manhattan Beach
Immediate Past President

RON LOWENBERG

Huntington Beach
DIRECTORS
BOB BLANKENSHIP

Redding
RICK BREZA

Santa Barbara

LUCY CARLTON
Los Altos

The California Police Chiefs Association which represents over 450 Police Chiefs from

throughout the State has reviewed the local ordinances proposed by the Santa Clara County Health
Department and fully supports this effort. Our Association conducted an in-depth study of
firearms violence and,in February 1995, adopted a bold position paper entitled: Confronting the
American Tragedy^ The Need To Better Regulate Firearms. The proposed local ordinances are
consistent with our position and represent sound public policy.

B. WARREN COCKE
Retired. San Bernardino

KEN FORTIER
Riverside
ROGER HILL
Tulare

BOB McDONELL

Newport Beach
ROBERT NORMAN

Foster City
JOE SAMUELS
Oakland
TOM SIMMS
Roseville

RICK TERBORCH

Arroyo Grande
COMMITTEE CHAIRS
LAW & LEGISLATION

While we recognize that some members of our communities oppose any effort to regulate
firearms, we also know that the vast majority of California citizens not only support, but

increasingly are demanding, that our local elected representatives pass reasonable firearms
regulations. The proposed ordinances simply impose basic product safety standards in the same
way that safety standards are required for automobiles, toasters and baby rattles. And, they
merely regulate where and how the business of selling firearms may be conducted in the same
way that local government regulates virtually all other businesses. They do NOT ban the
privilege to either own or sell firearms. We do not find product safety standards or locking
devices on firearms any more restrictive than the minimum crash standards,seat belts and locking
devices that are required ofthe automobiles we drive.

LARRY GORE
West Sacramento

NOMINATING
RON LOWENBERG

The California Police Chiefs Association strongly believes that local government has a

Huntington Beach

responsibility to address the public health and public safety concerns associated with the misuse
of firearms and urges the Santa Clara County Board of Supervisors to support the Health
Department's efforts to bring all ofthe cities in the County together in adopting uniform standards.

PAST PRESIDENTS
RON LOWENBERG

Huntington Beach
PUBLICATIONS
JOHN DISTELRATH
West Covina

RETIRED MEMBERS
NEAL JOHNSON

Sincerely,

Arcadia

STANDARDS* ETHICS
PAT LUNNEY
Merced

TRAINING

RICHARD THOMAS
Ventura

WAYS & MEANS
RON INGELS
La Verne

LarrMl Todd
Past Resident and Chair
ofthe Firearms Issues Committee
LJT/ea

EXECUTIVE DIRECTOR

Ross D. Hutchings. CAE

cc:

Dena Dickinson, Deputy Director
Santa Clara County Public Health Department

t

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14S5Resp(H>seIUUSahe 190 Sacnunenio^CiMonitt9581^ Tdephone(916)923*2375 (916)923-1S2S FAX(916)263^
CALIFORNIA POLICE CHIEFS ASSOCIATION
POSITION PAPER
OFFiCCRS
PrasidOTt

LARRY TOGO
LosGttos
lat Vice President
-JIM ANTHONY
Qlendele

2nd Vice President
RONLOWENBERG

FEBRUARY 1995

95-1

Date

Number

CONFRONTING THE AMERICAN TRAGEDY

SUBJECT:

Hunbngion Beacti

THE NEED TO BETTER REGULATE FIREARMS

3<d Vice President
RICHARD PROPSTER
Gerdena

Secretaiy Tresauref
PETER HERLEY
Textron
Invnedote Past President

INTRODUCTION

FLOYO SANDERSON

Monterey
IXRECTORS
BOB BLANKENSHIP

Reddetg

On February 2, 1995, the California Police Chiefs Association adopted a position paper
concerning the need to address firearm violence, death, and injury.

RiCKBREZA

Santa Battara

LOUtSCOBARRUVIAZ
San Jose

B.WARREN COCKE

San Bernardmo(Ratved)

As Chiefs of Police, we are responsible for public safety. That responsibility requires
leadership. It is for these reasons that we are stepping forward.

JAMES GAROtNER

San Luis Odispo
ROGER HOi.
Tutara
BOBMcOONEU.

Newport Beach
TEOMERTENS

We are under no illusion that our position will be universally accepted by others, nor do we

expect that it will be literally translated into legislation. Nevertheless, our position paper
represents our collective vision of the steps that should be taken to make all of our citizens safer.

Manhattan Beacti

SALROSANO
Santa Rosa
JOE SAMUELS
OaUand
RKXTEFANK
Buena Park

The California Police Chiefs Association is not advocating a ban on the private ownership of
firearms. By contrast, we believe our position paper fosters responsible firearm ownership.

RtCKTCRBORCH

Arroyo Grande
UOYDWOOO

BACKGROUND

Pomona

COMMinEECHAIRS
TRAIIBNG
JAMES NUNES
PiMsanIKn
STANOARt^A ETHICS
CRAIG STECtOER
FwHwm
LAW & LEGISLATION
TOM SIMMS

The American historical legacy bears witness to the faa that the widespread personal possession
and ownership of firearms is an ingrained part of our national heritage. The frontier ethic and
the desire to remain free ofimdue governmental interference have in some form or another been

intertwined with the ability of our citizenry to bear arms. Many Americans believe that the

RoMViHe

strength of our democracy is ensured only by the underlying strength of an armed civilian

WAYS A MEANS
ROY HARMON

population.

YutreCity
PUSUCATIONS
BROOK McMAHON
PismoBMdi
NOMINATiONS
FLOYD SANDERSON
llinninmif

f^REO MEMBERS
JIM SIMMONS

Albany(Retrad)

EXECUTIVE DIRECTOR

Rodney K. Pierini

Just as the widespread possession of firearms is an American fact today, so too is the widespread
tragedy that has accompanied the misuse of firearms. No longer are disputes settled by civilized
means; rather, it is the gun that too often becomes the arbiter of first and lasting choice. We as

a socieQr have for far too long treated the tragic consequences that result from an armed America
as but a footnote to the long, but falsely held, notion that a highly armed populous is necessary
for the preservation of our freedoms.

Just a brief look at the statistics of gun violence should convince the most dispassionate observer
that the misuse and ready availability of firearms are taking control of our communities. For
example, in 1993 alone close to 40,000 Americans were killed by the use of firearms of which
more than 5,000 were Californians. In addition, the National Center for Disease Control

estimates that for each firearm death, another ten people are shot yet survive.
Furthermore, while people are needlessly being shot, the sales of firearms soar to record levels.
During 1993, Californians purchased approximately 650,000 firearms, and in 1994 even more
may be sold. These numbers reflect the real fear and hopelessness many citizens feel as heinous
acts of violence increasingly take a toll on society. We must address this environment of fear if
we are to rein in what appears to be a ceaseless appetite for more and more guns. The premise
that more guns in the hands of civilian population makes for a safer environment certainly appears
not to be the case.

Most of the current debate about firearms violence focuses on criminal misconduct. We believe

that present statutes prohibiting the use of firearms in the commission of any crime must be
enforced strongly and swiftly. To do otherwise is unconscionable. However, we cannot escape
the fact that many of the firearms-related deaths and injuries occur not as a result of intentional
criminal misconduct, but because of accident, mistake and misfortune. Far too often gun violence
occurs between family, friends, unintended victims and children; people whose lives are forever
changed because a firearm was too readily available.

After long and thoughtful deliberation, the California Police Chiefs Association has concluded that
the widespread and still largely unregulated individual ownership of firearms in our society must
be re-evaluated. It is abundantly clear that the communities in which we are privileged to serve
are under attack by a type and extent of violence not previously experienced. The weapons of that
violence increasingly are firearms; firearms in the hands of drug dealers, robbers, mental
incompetents, and in many cases, otherwise law-abiding citizens who are untrained or emotionally
ill-equipped to safely use a gun. As a result, the widespread and ready availability of firearms
threatens to undermine the foundation of our social order.

The California Police Chiefs Association recognizes its responsibility to provide decisive and
common-sense leadership necessary to help address this critically important and emotionally

charged issue. The lack of regulation over, and the misuse of, firearms is one of the most
daunting issues we must face if we are ever to address the tragedy that threatens the viability of
our society. For far too long, the law enforcement community has stood silent permitting other
voices to speak for us. As a consequence, the misuse of firearms has been focused upon solely

as a crime problem rather than as a social crisis that threatens us all.
This Association states as an unequivocal goal the saving of human lives through the substantive
reduction in the misuse of firearms. We recognize the reality that large numbers of firearms will
be a part of our lives for many years to come. We, therefore, believe that it is incumbent upon
our association to articulate and support a specific legislative agenda that will reduce the
opportunity for firearms to kill and injure innocent people.

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As an initial step in what will undoubtedly be a long journey to reduce firearms violence, the
California Police Chiefs Association adopts the following position with respect to firearms:
1.

RRGISTRATTON

Firearms are used in hundreds of thousands of criminal incidents every year. A significant
number of those crimes are committed with firearms that were stolen or inappropriately
obtained. Absent a mandatory system whereby firearms are registered with a law
enforcement authority, it is very difficult to trace gun ownership and resolve many
firearms-related crimes. A mandatory registration system will assist law enforcement
criminal apprehension efforts and results in no significant burden upon lawful firearm
owners. Accordingly, we propose that all firearms be registered with an identified law
enforcement authority by no later than three years after such legislation is adopted. Every
time the firearm is subsequently sold or ownership transferred would require re
registration.
2.

OWNERSHIP AND POSSESSION

Ownership and/or possession of firearms and ammunition should be limited to only those
individuals at the age of 18 years or older who have been licensed by the state. License
standards should include a background free from any significant criminal history, mental
illness or emotional instability, and successful completion of a state approved training
course. The cost of processing the license application should be paid by the applicant.
Persons under the age of 18 may possess a firearm if they are under the immediate
supervision of a parent, guardian, or other adult licensed to possess a firearm.
3.

MAGAZINE CAPACITY

The existence of high-capacity magazines only serves the purpose of enhancing the killing
and injuring potential of a firearm. Recent history is replete with the horrors of persons
using weapons with high-capacity magazines to kill and maim numbers of innocent

victims. There is no articulable reason why such capacity exists for sporting reasons.
Federal law, for example, limits the number of shotgun shells to three that may be carried
in a shotgvm while hunting waterfowl. Recognizing that a justifiable reason may exist for
limited magazine capacity, we propose that no firearm magazine be lawfiilly possessed if
it has a capacity of more than six bullets. Exceptions should be considered for military
or law enforcement use only.
4.

STORAGE

Firearms not adequately seemed are easily subject to theft or misuse. In California, over
100,000 firearms are reported stolen annually. Many of these firearms are currently in
circulation. Guns left lying about the home unseemed kill or injme thousands of people
a year. Responsible gun ownership demands that no firearm ever be left unattended and
in such condition that it can be readily used or stolen. We propose that legislation mandate
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in such condition that it can be readily used or stolen. We propose that legislation mandate
that all firearms not under the immediate control of a responsible adult be required to be
locked, stored, and unloaded. Also, all firearms at the time of sale must be sold with a

separate locking device that would render a firearm incapable of immediate use.
5.

SAFETY STANDARDS

Firearms come in may sizes, shapes, and capabilities. A gun is a product not unlike a car,
chain saw, or lawn mower in that it is capable of being designed and manufactured in such
a manner as to render it less likely to be misused or cause unintended injury to the
operator. We propose that all firearms manufacmred domestically or imported be subject
to consumer product safety standards that will be designed to maximize a weapon's safety.
Firearms manufacmred prior to adoption and implementation of consumer product safety
standards may only be sold to other family members for a period of ten years after
adoption of said standards if the firearm does not meet those standards. Weapons defined
as antiques should be exempted.
6.

CONCEALED WEAPONS

The issuance and possession of a permit to carry a concealed weapon is, and should
continue to be, a privilege that is granted to few persons and under circumstances where
protection with a lethal weapon is justifiably necessary. We propose that the authority to
issue a concealed weapon permit stay at the local level where there is a greater likelihood
that accountability for permit use and abuse will be had. We do, however, strongly
believe that uniform articulative standards and qualifications for permit application and
issuance should be adopted. The qualifications should require an applicant be free of any
significant criminal history, mental illness, incident(s) of violent behavior, and substance
abuse. The process standards should include a definition of good cause to issue a defined

background procedure, a psychological and medical examination, a training requirement,
and liability insurance coverage, should it be available.
7.

ASSAULT WEAPONS

Military-style assault weapons serve no valid sporting purpose nor are they necessary for
the protection of the home. These weapons have proven incredibly destructive in the
hands of the criminal and mentally ill person. We propose that these weapons be clearly
defined and identified as serving no recognized civilian purpose and, accordingly, be
prohibited from ownership, possession, or sale.
8.

UNLAWFUL POSSESSION

There is currently a wide array of legislative mandates governing the control of firearms
in our society. As an attempt to speak to the seriousness with which we view the damage
occasioned by firearms abuse, we propose legislation that would make the unlawful
purchase, sale, possession, or use of a firearm, chargeable as a felony and accompanied
by a lifetime prohibition of firearms possession after conviction.
4

9.

MANDATORY DHSTRUCTTON

Until there are sufficient safeguards to reduce the easy availability and misuse of firearms,
we propose that any firearms which come into the possession of a law enforcement
agency, which are unregistered, found or unclaimed property, used in the commission of

any crime, surrendered voluntarily by any citizen, purchased for use by that agency, or
by any other means, shall, once they have served any evidentiary purpose, be destroyed
in such a fashion as to render them permanently unusable as firearms. All other such
weapons shall not be sold, traded, nor redistributed, other than for some legitimate law
enforcement use where the agency maintains ownership and control, or donated to
museums for historical purpose.

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