pages: CityCouncil/2020-03-03.pdf, 16
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CityCouncil | 2020-03-03 | 16 | broadening of the ordinance as currently constructed; the change may open the ordinance to further challenge; staff also believes keeping the firearm unloaded while stored may significantly open the City to challenge due to the Heller case which allows firearms to be used for self-defense; an argument can be made that if a firearm is made to be locked and stored away, but also unloaded, there may be a hindrance to the Second Amendment right; Safe Alameda also has proposed to remove criminal penalties and to only have civil penalties; noted the current text of the ordinance proposes the maximum civil penalties where the fines cannot be any higher; Safe Alameda's other comment proposes a minimum camera requirement for motion detection during off-business hours so that video surveillance could be on for the entirety of the day at the discretion of the firearms dealer; images should be stored on premises for longer than one year as well as offsite backup of images; Safe Alameda also proposes, during any period of inoperability of the video surveillance system, that the licensee not conduct any sales or transfers; these proposals are stronger than other video surveillances that have withstood previous challenges; the proposals are possible; noted that he cannot comment on the feasibility for firearms dealers. The City Attorney stated staff has looked into the proposal related to premises; the current proposal precludes people from having arms about within their residence that are not either worn or safely stored, which is consistent with regulations elsewhere; Council may want to further regulate and include garages; Council may determine arms cannot be stored in places people do not live in, which causes more risk; language is available should Council desire changes. Mayor Ezzy Ashcraft inquired how enforcement of provisions is envisioned. The City Attorney responded enforcement of the safe storage ordinance will not be conducted by Police Officers inspecting homes; stated enforcement will be conducted by self-reporting; there is no overall regulatory scheme; enforcement will only occur when something occurs and is reported to Police with information being volunteered. Mayor Ezzy Ashcraft inquired whether the City would have discretion to either criminally prosecute or not prosecute should a teenager gain possession of a gun and used it to tragically commit suicide, to which the Deputy City Attorney responded in the affirmative. Submitted information; stated more information is needed; suggested moving forward with things that will make a difference; urged Council to take deep breath and conduct information gathering sessions; noted attempts to contact the Police Department: Dave Truslow. The Police Chief noted that he received an e-mail from Mr. Truslow and provided an extensive reply three hours later. Regular Meeting Alameda City Council March 3, 2020 13 | CityCouncil/2020-03-03.pdf |