San Jose Ca.Gov
File #: ROGC 19-272    Version: 1
Type: Rules Committee Reviews, Recommendations and Approvals Consent Status: Agenda Ready
File created: 8/15/2019 In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
On agenda: 8/21/2019 Final action:
Title: A Harm Reduction Approach: Eliminating the "Gun Violence Subsidy". (Mayor, Jones, Peralez)
Attachments: 1. Memorandum, 2. Council Policy: Early Consideration Response Form, 3. Letters from the Public
...Title
A Harm Reduction Approach: Eliminating the "Gun Violence Subsidy". (Mayor, Jones, Peralez)
...Recommendations
1. Purpose: This policy shall have three basic purposes regarding gun violence: harm reduction, alignment of risk, behavior and financial responsibility, and reduction of public burden.
2. Insurance for all gun owners
Upon complying with standard City processes for Council-requested policy proposals, evaluate and present to Council options requiring all residents of the City of San Jose-other than sworn employees of law enforcement agencies-to have insurance for their ownership or possession of a gun.
a. No Registry/ Licensing/ Data Collection: To ensure compliance with state law, such an insurance requirement must not contain any provision for a registry or licensing scheme, nor shall the City collect any data beyond that necessary to implement this policy.
b. Provision of Insurance: The insurance requirement may be provided by an existing homeowner's policy, renter's policy, or a stand-alone policy. In the instance where the gun owner's insurer does not provide appropriate coverage, or the individual cannot obtain insurance coverage, the gun owner must participate in a public pool, as described in 3., below.
Coverage: Insurance shall include coverage for accidental discharge of the gun, and for the intentional acts of third parties who steal, borrow, or otherwise acquire the gun. To comply with state law and with longstanding insurance principles designed to avoid moral hazard, the insurance shall not cover liability of the policyholder for his or her own intentional conduct.
3. Fee to Fund Public Pool to Address "Gun Violence Subsidy"
Where insurance is not available, or as an alternative to an insurance mandate, Staff shall consider how the City might require gun owners to pay a per-household fee to participate in a public compensation pool sufficient to eliminate the public cost of the "gun violence subsidy" to existing gun owners.
a. Gun Viole...

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