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CC - ACTION ITEM: Consideration and, if Desired, Direction to the City Manager to Prepare and Transmit Letters of Support for Federal Legislation Pertaining to (1) Regulating Assault Weapons; (2) S.173 and H.R.660, the Safe Storage of Firearms (also known as “Ethan’s Law”); and (3) S.494 and H.R.715, Background Checks for Every Firearm Sale.
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Meeting Date: June 26, 2023
Contact Person/Dept: Shelly Wolfberg/City Manager’s Office
Phone Number: (310) 253-6000
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Megan Oddsen; Margot Bennett; Meetings and Agendas - City Council (06/22/2023)
Department Approval: John M. Nachbar (06/22/2023)
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RECOMMENDATION
Staff recommends the City Council consider and, if desired, direct the City Manager to prepare and transmit letters of support for federal legislation pertaining to regulating assault weapons; the safe storage of firearms (also known as “Ethan’s Law”); and background checks for every firearm sale.
BACKGROUND/DISCUSSION
At the May 8, 2023 City Council Meeting, Council Member Puza referenced a request from a speaker earlier in the meeting to agendize legislation regarding gun safety measures including an assault weapons ban, safe storage of firearms (Ethan’s Law), and universal background checks. City Council majority consensus was achieved to agendize consideration of providing a letter of support for the federal legislation.
Subsequently, the Women Against Gun Violence organization contacted City staff to provide a list of six federal bills pertaining to gun laws, which have been introduced in the 118th Congress (2023-2024). Both the United States Senate (S.) and the United States House of Representatives (H.R.) have introduced gun law bills (attachments) and summarized here:
S.25: To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes also known as the Assault Weapons Ban of 2023.
This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD).
The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model.
The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD:
• importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments;
• importation, sale, transfer, or possession related to securing nuclear materials; and
• possession by a retired law enforcement officer.
The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.
H.R.698: To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD).
The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model.
The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD:
• importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments;
• importation, sale, transfer, or possession related to securing nuclear materials; and
• possession by a retired law enforcement officer.
The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.
S.173: To amend chapter 44 of title 18, United States Code, to require the safe
storage of firearms, and for other purposes, also known as “Ethan’s Law”.
This bill establishes a framework to regulate the storage of firearms on residential premises at the federal, state, and tribal levels.
At the federal level, the bill establishes statutory requirements for firearms on residential premises to be safely stored if a minor is likely to gain access without permission or if a resident is ineligible to possess a firearm. An individual who violates the requirements is subject to criminal penalties. A firearm stored in violation of the requirements is subject to seizure and forfeiture. At the state and tribal levels, the bill requires the Department of Justice to award grants to implement functionally identical requirements for the safe storage of firearms.
H.R.660: To amend chapter 44 of title 18, United States Code, to require the safe
storage of firearms, and for other purposes, also known as “Ethan’s Law”.
This bill establishes a framework to regulate the storage of firearms on residential premises at the federal, state, and tribal levels.
At the federal level, the bill establishes statutory requirements for firearms on residential premises to be safely stored if a minor is likely to gain access without permission or if a resident is ineligible to possess a firearm. An individual who violates the requirements is subject to criminal penalties. A firearm stored in violation of the requirements is subject to seizure and forfeiture. At the state and tribal levels, the bill requires the Department of Justice to award grants to implement functionally identical requirements for the safe storage of firearms.
S.494: To require a background check for every firearm sale.
This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals).
Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith.
H.R.715: To require a background check for every firearm sale.
This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals).
Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to certain firearm transfers or exchanges, such as a gift between spouses in good faith.
The City Council is requested to consider the aforementioned bills, and if desired, direct the City Manager to prepare letters of support for the aforementioned bills. It has been past practice for the Mayor to sign these letters on behalf of the City Council.
FISCAL ANALYSIS
There is no fiscal impact associated with discussing this legislation and directing the City Manager to prepare and transmit letters of support for S.25., H.R698., S.173., H.R.660, S.494, and H.R.715.
ATTACHMENTS
2023-06-26__ATT__ S.25, 118th Congress
2023-06-26__ATT__ H.R.698, 118th Congress
2023-06-26__ATT__ S.173, 118th Congress
2023-06-26__ATT__ H.R.660, 118th Congress
2023-06-26__ATT__ S.494, 118th Congress
2023-06-26__ATT__ H.R.715, 118th Congress
MOTIONS
That the City Council:
1. Direct the City Manager to prepare and transmit letters of support for S.25., H.R698., S.173., H.R.660, S.494, and H.R.715;
Or
2. Provide alternate direction to the City Manager as deemed appropriate.