Los Angeles Safe Gun Storage Ordinance PDF

CHIEF OF DETECTIVES N OTICE 1.8 October 17, 2014 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: SAFE GUN STORAGE ORDINANCE REQUIRING ALL FIREARMS TO BE SAFELY STORED IN ANY RESIDENCE IN THE CITY OF LOS ANGELES On August 28, 2019, the Los Angeles City Council passed Los Angel...

CHIEF OF DETECTIVES N OTICE 1.8 October 17, 2014 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: SAFE GUN STORAGE ORDINANCE REQUIRING ALL FIREARMS TO BE SAFELY STORED IN ANY RESIDENCE IN THE CITY OF LOS ANGELES On August 28, 2019, the Los Angeles City Council passed Los Angeles Municipal Code 55.21 Safe Firearms Storage, which became effective on September 13, 2019. Department personnel are directed to adhere to this Municipal Code effective immediately. The applicable definitions, prohibitions, and penalty of this new ordinance are listed below: Section 55.21. Safe Storage of Firearms. (a) Definitions. L °°Firearm" means a Firearm as defined in California Penal Code, Section 16520, as amended from time to time. 2. "Locked Container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device. 3. "Residence" means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, in-law units, motels, hotels, single room occupancies, time-shares, and recreational and other vehicles where human habitation occurs. 4. "Trigger Lock" means a trigger lock that is listed in the California Department of Justice's roster of approved firearm safety devices and that is identified as appropriate for the firearm by reference to either the manufacturer and model of the handgun or to the physical characteristics of the handgun that match those IisCed on the roster for use with the device under Penal Code Section 23655(d). (b) Prohibition. No person shall keep a firearm within a residence unless the fireann is: 1. Stored in a locked container or disabled with a trigger lock that has been approved by the California Department of Justice; 2. Carried on the person of the owner or other lawfully authorized user of the firearm who is over the age of 18; or All Concerned Personnel Page 2 1.8 3. Within close enough proximity and control that the owner or other lawfully authorized user of the firearm who is over the age of 18 can readily retrieve and use the firearm as if carried on the person. (c} Penalty. Every violation of this section shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both. Should you have any questions regarding this matter, please contact Gang and Narcotics Division, Gun Unit, at(213)486-5360. APPROVED: KRIS E. PITCHER,Deputy Chief Chief of Detectives DISTRIBUTION "D" BOB GREEN,Deputy Chief Chief of Staff Office of the Chief ofPolice In 2015,LAMC 55.21 Safe Handgun Storage was passed in Los Angeles. The ordinance required all handguns to be locked and secured in a residence in order to minimize injuries to children, young people, reduce school shootings, and reduce the number stolen firearms from homes. In 2019, LAMC 55.21 was re-written to include all firearms. All firearms now include, shotguns, rifles, homemade firearms or anything that is described to be a firearm. under Penal Code section 1.6520. Should you have any questions regarding this matter,please contact Gang and Nazcofics Division, at(213)833-3700. This ordinance is effective TODAY and applies to ALL DEPARTMENT PERSONNEL who reside within the City of Los Aneeles City of Los Angeles- Safe.Firearms Storage (55.21 LAMC amended and effective 9/13/19) 55.21 LAMC- To include ALL FIREARMS .Prohibition. No person sha11 keep a firearm within a residence unless the firearm is: 1. Stored in a locked container or disabled with a trigger lock that has been approved by the California Department of Justice;{Ref: Pena! Code 23655 (d)} 2. Carried on the person of the owner or other lawfully authorized user ofthe firearm who is over the age of 18; ar 3. Within close enough proximity and control that the owner or other lawfully authorized user ofthe firearm who is over the age of 18 can readily retrieve and use the firearm as if carried on the person. Penalty. Every violation of this section sha11 constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000. or by nnprisonment in the countyjail not to exceed six months,or by both. ORDINANCE N0186311 An ordinance amending Section 55.21 of Chapter V of the Los Angeles Municipal Code to require that alI firearms located in a residence be kept in a locked container or d isabled with a trigger Iock. WHEREAS,firearm injuries have a significant public health impact both nationally and locally; WHEREAS,the Centers for Disease Control and Prevention report that in 2017, 39,773 persons died from firearm-related injuries in the United States; WHEREAS, in 20i 7, firearms were used in 23,854 suicides in the United States, constituting approximately 60 percent of ail firearm deaths; WHEREAS, America's gun suicide rate rose steadily between 2007 and 2017, making 2017 the year with the highest rate and number of gun suicides in at feast 40 years; WHEREAS,firearrns are used in 51 percent of suicide deaths in the United States, and access to a firearm triples the risk of suicide death; WHEREAS, between 2007 and 2017, there were an estimated 1,300 unintentional shooting deaths in the United States among children and young people under the age of 19; WHEREAS, in 2017 alone, America lost more than 1,300 children and teenagers to firearm-related suicides and unintentional shootings; WHEREAS,75 percent of firearms used in youth suicide attempts and unintentional injuries are stored in the residence of the victim, a relative, or a friend; WHEREAS, having a loaded or unlocked firearm in the home is associated with an increased risk ofgun-related injury and death; WHEREAS,children are particularly at risk of injury and death, or causing injury and death, when they can access firearms in their own homes or homes that they visit; WHEREAS, a 2015 survey found that an estimated 4.6 million minors in the United States live in homes with at feast one loaded and unlocked firearm. Many children know where household firearms are stored, have handled such weapons without their parents' knowledge, and are strong enough to fire the weapons; WHEREAS, more than iwo thirds of school shooters obtain their guns from their own home or that of a relative: WHEREAS,the Center for Homeland defense and Security at the Naval Postgraduate School reports that there have been 258 school shooting incidents in the United Stafes since January 2075; WHEREAS, research shows that while most mass shootings involve handguns, shootings involving rifles contribute to higher casualty counts; WHEREAS,two mass shootings in United States high schools in 2018 involving the use of Jong guns caused a total of 27 fatalities and also Injured at least 30 persons; WHEREAS, hundreds of thousands of firearms are stolen from homes and vehicles of legal gun owners each year, and flow into the underground market; WHEREAS,applying trigger locks or using lockboxes when storing firearms in the home reduces the risk of firearm injury and death, and is associated with a reduction of unintentional firearm deaths and decreases in suicides among children and teens; WHEREAS, keeping a firearm locked when it is not being carried prevents unauthorized users, including children,from accessing and using firearms, which can reduce tragedies due to suicide, unintentional discharges, and firearm theft; WHEREAS,safe storage measures have a demonstrated protective effect in homes with children and teenagers where firearms are stored; WHEREAS,there is a wide consensus among medical professionals, police chiefs, gun control advocates and gun rights groups that applying trigger locks or using lockboxes to store unsupervised firearms in the home promotes health and safety; WHEREAS,the American Academy of Pediatrics recommends that, if families must have firearms in their homes,the firearms should be stored locked, unloaded and separate from locked ammunition; WHEREAS, requiring firearms to 6e stored with trigger locks or in a locked container does not substantially burden the right or ability to use firearms for selfdefense in the home; WHEREAS,the locking requirements apply only to firearms that are not being lawfully carried, and allow gun owners and adults over 18 years of age to carry loaded and unlocked firearms in the home at any time; WHEREAS,firearms can be safely stored in and quickly accessed from affordable, widely available lockboxes. Indeed, users report that they can retrieve a loaded firearm from a pushbutton Iockbox in just two to three seconds, and that locks are easy to open in the dark. Some lockboxes also feature biometric locks, which provide immediate access when they scan the owner's fingerprint; and WHEREAS, portable lockboxes can store iaaded firearms such that they are within easy reach in closets, under the bed, or on tables or nightstands. Such safely stored firearms are mare quickly and easily retrieved far use in self-defense than unlocked firearms that have been hidden away in seldom-used locations. NOW,THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Section 55.21 of Chapter V of the Los Angeles Municipal Code is amended in its entirety to read as follows: SEC. 55.21. SAFE STORAGE OF FIREARMS. (a) Definitions. 1. "Firearm" means a Firearm as defined in California Penal Code, Section 18520, as amended from time to time. 2. "Locked Container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock or similar locking device. 3. "Residence" means any structure intended or used for human habitation, including, buY not limited to, houses, condominiums, rooms, infaw units, motels, hotels, single room occupancies, time-shares, and recreational and other vehicles where human habitation occurs. 4. "Trigger Lock" means a trigger lock that is fisted on the California Department of Justice's roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code Section 23655(d}. (b) firearm is: Prohibition. No person shall keep a firearm within a residence unless the 1. Stored in a locked container ar disabled with a trigger lock that has been approved by the California Department of Justice; 2. Carried on the person of the owner or other lav~rfuily authorized user the of firearm who is over the age of 18; or 3 3. Within close enough proximity and control that the owner or other Iawfuliy authorized user of the firearm who is over the age of 18 can readily retrieve and use the firearm as if carried on the person. (c} Penalty. Every violation of this Section shall constitute a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by i mprisonment in the county jail not to exceed six months, or by both. (d} Severability. If any provision of this Section is found fo be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Section which can be implemented without the invalid provisions, and to this end, the provisions of this Section are declared to be severable. The Gity Council hereby declares that it would have adopted this Secfion and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable. Sec. 2. URGENCY CLAUSE. The City Council finds and declares that this ordinance is required for the immediate protection of public peace, health and safety for the following reason: Loaded and unlocked firearms that are kept in a residence pose a significant threat to the safety and lives of the residents of the City of Los Angeles, including children and teenagers, who are particularly at risk of injury ar death when they can access firearms in their own homes or homes that they visit. The majority of firearrns used in youth suicide attempts and unintentional injuries were stored in the residence of the victim, a relative or a friend. Regulations requiring safe storage of all firearms help to reduce the risk of firearm injury and death, are associated with a reduction of unintentional firearm deaths and suicides among youth, and protect owners of firearms and the general public against firearm theft. in order for the City of Los Angeles to protect the health and safety of its residents, this ordinance must become effective as soon as possible. For all these reasons, the ordinance shall become effective upon. publication pursuant to Los Angeles Charter Gode Section 253. C~ Sec. 3. The City Clerk shall certify to the passage of this ordinance and have it published in accordance wifh Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: nne copy on the bulletin board located at the Main Street entrance to the los Angeles City Hali; one copy on the bulletin board located at the Main Street entrance to the Los Angeles Gity Hal! East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hail of Records. Approved as to Form and ~egalily MICHAEL N. FEUER, Gity Attorney Y g --~--~~A C. KELLY Deputy City Attorney Date —'- ~~alo 1"~ File No. 14-1553 m:~pgen\pgenisoraya kellylorginances\firearm storage\draft amended firearm safe storage oNinence (final 07.25.19).docx The Clerk of the City of Los Angeles hereby certifies that the foregoing ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than three-fourths of all its members. CITY CLERK Ordinance Passed_,gg MAYOR ~~a Published Date: 09/13/2019 Ordinance Effective Date: 09/13/2019 Council File No.: 14-1553 Approved ggl09I2A-1Q