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File #: ROGC 21-616    Version: 1
Type: Rules Committee Reviews, Recommendations and Approvals Status: Agenda Ready
File created: 6/10/2021 In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
On agenda: 6/16/2021 Final action:
Title: Reducing Gun Harm, and the Public Burdens of Gun Violence. (Liccardo, Jones, Peralez, Cohen, Carrasco)
Attachments: 1. Memorandum from Liccardo, Jones, Peralez, Cohen, Carrasco, 2. Letter from the Public
...Title
Reducing Gun Harm, and the Public Burdens of Gun Violence. (Liccardo, Jones, Peralez, Cohen, Carrasco)
...Recommendations
1. Reducing Gun Harm, and the Public Burdens of Gun Violence: Direct the City Attorney to return to Council in September with an ordinance for Council approval that would require every gun owner residing in the City of San José—with exceptions delimited below—to obtain and maintain a City-issued document evincing (i) payment of an annual fee, and (ii) attestation of insurance coverage for unintentional firearm-related death, injury, or property damage.
a. Compliance:
1) The gun owner shall sign and complete the insurance attestation, describing her specific policy number and issuer, and sign it under penalty of perjury. Acceptable coverage may include any homeowner's or renter's policy providing a minimum coverage amount.
2) The document (or signed waiver) shall be kept wherever guns are stored or transported with the owner (in-home gun safe, in car, etc.).
b. Exemptions and waivers:
1) A written, discretionary waiver of the fee requirement and the insurance coverage will be permitted for all low-income individuals who qualify under Cal. Govt. Code §68632. However, the owner must store and maintain the waiver document with the gun.
2) An exemption from these requirements will exist for sworn law enforcement.
3) An exemption from these requirements will exist for holders of a concealed carry weapon (CCW) permits, if the City Attorney deems it necessary to do so to avoid conflicts with state preemption over CCW regulation.
c. Penalties: Failure to comply shall constitute a civil violation subjecting the owner to the temporary or permanent seizure of the gun, and under specified circumstances, a fine. Subsequent failure to yield firearms upon the lawful demand of a law enforcement official under this ordinance would constitute a misdemeanor.
d. Legal issues:
1) To minimize financial risk against the City, the City Manager is directed to re...

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