COUNTY OF SANTA CRUZ

Document Sample
COUNTY OF SANTA CRUZ Powered By Docstoc
					                                                                                                                                            0257


                                                                  COUNTY OF SANTA CRUZ
                                                                      OFFICE OF THE COUNTY COUNSEL
                                                701 OCEAN STREET, SUITE 505, SANTA CRUZ, CA 95060-4068 (831) 454-2040 FAX: (831) 454-2115


                                                                           DANA McRAE, COUNTY COUNSEL
                                                                                       RAHN GARCIA, CHIEF DEPUTY
Assistants                                                                                                                         Special Counsel
Marie Costa        Tam yra Rice Jason M. Heath Betsy L. Allen Jessica C. Espinoza Dwight L. Herr
Jane M. Scott       Shannon M. Sullvan Christopher R. Cheleden Sharon Carey-Stronck Jordan Shelnbaum

                                                                      February 20, 2013


                                                             AGENDA: February 26, 2013


              Board of Supervisors
              County of Santa Cruz
              701 Ocean Street, Room 500
                Santa Cruz, CA 95060

                           RE: ADOPTION OF ORDINANCE AND PROPOSED EXTENSION OF
                               TEMPORARY MORATORIUM RELATING TO THE
                               ESTABLISHMENT OF NEW COMMERCIAL OPERATIONS
                               ENGAGED IN THE SALE OF FIREARMS AND/OR
                               AMMUNITION

              Dear Members of                  the Board:

                            On January 15,2013, Supervisor Leopold proposed and your Board
                adopted Ordinance No. 5146 on an urgency basis, establishing a temporary
                moratorium on the establishment of new commercial operations engaged in the
                sale of     firearms and/or ammunition within the unincorporated area of                            the County
                of Santa Cruz. Under State law, an initial moratorium period is limited to 45 days.

                            On February 12,2013, your Board declined to extend the moratorium
                beyond the initial 45 day period and directed staffto present the Board with a draft
                ordinance for first reading at your February 26, 2013 meeting. This item presents
                the draft ordinance (the "Ordinance") prepared by County Counsel, with input
                from the County Administrative Office, Sheriff s Department, and Planning
                Department.


                                                                                      1




                                                                                                                                      43
                                                                                                0258

        As background, local governments are expressly authorized under state law
 to regulate firearms dealers (California Penal Code section 26705; Suter v. City of
 Lafayette (1997) 57 Cal.App. 4th 1109.) Furthermore, the United States Supreme
                            Columbia v. Heller (2008) 554 U.S. 570, that laws
     Court ruled in District of

 imposing conditions on the commercial sale of firearms are "presumptively
 lawful" under the Second Amendment to the United States Constitution. Many
 local California cities and counties have enacted ordinances regulating firearms
 dealers, including locally the cities of Santa Cruz and Capitola.

             As was reported on January 15th, the County does not currently license
     businesses that sell firearms, nor are such businesses expressly regulated under our
     zoning and land use regulations. There are currently approximately thirteen
     firearms dealers licensed by the State and Federal government located within the
     unincorporated area. Under the ordinance, existing licensed businesses
     established as of the effective date of the ordinance would be grandfathered and
     not required to comply with the ordinance as long as they remain validly licensed
     at their existing location.

            As per your Board's direction, the Ordinance is based primarily upon the
     existing ordinances adopted by the cities of Capitola and Santa Cruz. In addition,
     we have added certain provisions of a model ordinance prepared by the San
     Francisco-based non-profit Law Center to Prevent Gun Violence, particularly with
     regard to security measures as directed by your Board on February 12,2013.

           In summary, the Ordinance provides as follows:

           . Requires firearms dealers to obtain a County license from the County
                 Administrative Office, with input from the Sheriffs Department;

           . Establishes minimum requirements and standards necessary to obtain a
               County license;

           . These requirements include, but are not limited to: verification of all
              necessary state and federal licenses, criminal history check for owners and
               employees,

           . Establishes certain location standards including: (1) shall only be located
                 within a zone district designated as C-2, C-4, M- 1 or M-2 by the Santa Cruz
                 County Zoning Ordinance; (2) shall not be located within six hundred feet
                 of any public or private school in which students aged 18 years or younger
                 are enrolled, any children's daycare center licensed by the state of


                                                  2

43
                                                                                                                 0259

        California, any publicly owned or operated park, playground or recreational
        area, or any high risk alcohol outlet.

   . As per direction of your Board, establishes enhanced security measures
        relating to gun storage, video surveilance, and other topics.

       Staff requests that your Board review the ordinance and provide any input
that you may have.

   IT is THEREFORE RECOMMENDED that your Board:

   1. Open and conduct a public hearing on the proposed ordinance;

   2. Adopt the attached Interim Ordinance Extending the Temporary
       Moratorium on the Establishment of Commercial Operations Engaged in
                  Firearms and/or Ammunition within the Unincorporated Area of
        the Sale of


        the County of Santa Cruz until the effective date of                            the Ordinance,
        approximately April 8, 2013; and

   3. Approve in concept the attached ordinance adding Chapter 5.62 to the
                                                           Firearm Dealers and
         Santa Cruz County Code relating to the Regulation of

                        the Board to schedule the ordinance for final reading on
         direct the Clerk of

      the March 5, 2013 agenda.

   4. Direct staff             to return before April 8, 2013, with a Board item terminating
        the Temporary Moratorium as of                          the effective date of     the Ordinance adding
         Chapter 5.62.




                                                      ~7¿x       DANA McRAE, COUNTY COUNSEL


~OMMENDED:

ss~~
County Administrative Officer


cc: Sheriff-Coroner


                                                                 3


                                                                                                             43
                                                                                                      oZbV

                                       ORDINANCE NO.

            ORDINANCE ADDING CHAPTER 5.62 TO THE SANTA CRUZ COUNTY
             CODE REGARDING THE REGULATION OF FIREARMS DEALERS

                                              SECTION      I

            The Board of Supervisors of the County of Santa Cruz finds and determines that:

 1. Whereas, in 2006,3,253 people died from firearm-related injuries in California land
 4,305 other people were treated for non-fatal gunshot wounds;2 and

 2. Whereas, in 2006,3,567 people were assaulted with a firearm in California, and 1,411 of
 those victims were under the age of 21;3 and

 3. Whereas, in 2006, 1,874 homicides were committed with a firearm in California, and 538
 of   those victims were under the age of21;4 and

 4. Whereas, federal regulation of firearms dealers and ammunition sellers is currently
 inadequate to protect the public safety; and

 5. Whereas, although federal         law requires firearms dealers to obtain a license from the
 Bureau of Alcohol, Tobacco, Firearms & Explosives ("ATF"),5 ATF does not have the resources
 or authority to properly oversee the more than 100,000 firearms dealers, manufacturers,
 collectors and others that it licenses ("FFLs");6 and

 6. Whereas, A TF reported in 2007 that it inspects each FFL, on average, only once every 17
 years;? and


 i California Dep't of
                       Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC),
 EPICenter California Injury Data Online, Fatal Injury Data Custom Data Tables (2010), at
 http://www.applications.dhs.ca.goy/epicclata/contentlTBfatal.htm .
 2 California Dep't of
                       Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC),
 EPICenter California Injury Data Online, Fatal Injury Data Custom Data Tables (2010), at
 http://www.appiications.dhs.ca.goy/epicdata/content/TBfatal.htm.
 3 California Dep't of
                       Health Servs., Epidemiology & Prevention for Injury Control Branch (EPIC),
 EPICenter California Injury Data Online, Nonfatal Injury Data Custom Data Tables (2010), at
 http://www.applications.dhs.ca.goy/epicdata/content/tbnonfatal.htm .
 4 California Dep't of
                       HeaIth Servs., Epidemiology & Prevention for Injury Control Branch (EPIC),
 EPICenter California Injury Data Online, Fatal Injury Data Custom Data Tables (2010), at
 http://ww.applications.dhs.ca.goy/epicdata/contentlTB_fatal.htm.
 5 18 U.S.c. § 922(a)(l)(A).
 6 The U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives provided the
 total number of federal firearms licensees as of November 8, 2007.
 7 Mayors Against Ilegal Guns, The Movement of Ilegal Guns in America: The Link between Gun Laws
 and Interstate Gun Trafficking 18, December 2008, available at:
 www.mayorsagainstilegalguns.org/ downloads/pdf/trace _report_final. pdf.
                                                Page 1 of 12



43
                                                                                                                               0261

7. Whereas, between 1975 and 2005, ATF revoked, on average, fewer than 20 federal
firearms licenses per year;8 and

8. Whereas, ATF faces numerous obstacles that limit its ability to enforce the law; for
example, A TF may conduct only one unannounced inspection of each FFL per year, the burden
of proof for AFT's prosecution and revocation of licenses is extremely high, serious violations of
firearms law have been classified as misdemeanors rather than felonies, and ATF has historically
been grossly understaffed;9 and

9. Whereas, the Offce of the Inspector General has concluded that inspections by A TF are
not fully effective for ensuring that FFLs comply with federal firearms laws; 1 a and

10. Whereas, ATF has found that FFLs are a major source of       trafficked firearms. In June of
2000, ATF issued a comprehensive report of firearms trafficking in this country. That report
analyzed 1,530 traffcking investigations durins the period July 1996 through December 1998,
involving more than 84,000 diverted firearms. 1 ATF found that FFLs were associated with the
largest number of  traffcked guns - over 40,000 - and concluded that "FFLs' access to large
numbers of firearms makes them a particular threat to public safety when they fail to comply
with the law;,,12 and
11. Whereas, during fiscal year 2007, ATF found over 30,000 firearms missing from
licensees' inventories with no record of sale; 13 and


12. Whereas, in 1998, ATF found that 56% of                                    randomly inspected dealers and 30% of
pawnbrokers selling 50 or more guns had violated federal firearms law; 14 and

13. Whereas, federal                    laws are silent regarding many important aspects of                     the dealer's

business, such as its location (leaving dealers free to operate out of their homes and near schools
and other places children frequent) and security requirements during business hours; and




8 Brady Center to Preyent Gun Violence, Shady Dealings, Ilegal Gun Traffcking From Licensed Gun
Dealers 23 (Jan. 2007), available at: http://www.bradycenter.org/xshare/pdf/reports/shady-dealings.pdf.In
2006, ATF increased its total revocations to 13 I. !d.
9 Id. at 24-26.
10 Office of the Inspector General, Evaluation and Inspections Division, U.S. Department of Justice, Inspection of
Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms and Explosives i (July 2004), available at:
http://www.usdoj.gov/oig/reports/ATF/e0405/exec.htrn.
11 Bureau of Alcohol, Tobacco and Firearms, U.S. Departent of
                                                                                       the Treasury, Following the Gun: Enforcing
Federal Laws Against Firearms Traffckers ix (June 2000), available at: www.atf.gov/pub/fireexplo_
pub/pdf/fo 1I0wingthegun _internet. pdf
12 Id. at x.

13 Brady Center to Prevent Gun Violence, Us. Gun Shops "Lost" More than 30,000 Firearms Last Year, June 17,
2008, available at: http://www .bradycampaign.org/media/release.php?release=988.
14 Brady Center to Prevent Gun Violence, "Trivial Violations"? The Myth of Overzealous Federal Enforcement
Actions Against Licensed Gun Dealers 1 (Sept. 2006), available at:
www . bradycenter. org/xsh are/pd f/reports/tri vial y i 0 lations. pd f.

                                                                    Page 2 of 12


                                                                                                                                      63
                                                                                                                              0262

14. Whereas, according to a 1998 ATF random sample of FFLs nationwide, 56% of all
dealers operated out of their homes, and 33% were located in businesses that are not usually
associated with gun sales, such as funeral homes or auto parts stores; 15 and
15. Whereas, as of September 23,2009, there were 2,032 federally licensed firearms dealers
and pawnbrokers in California; 16 and

16. Whereas, California is among a minority of states that impose licensing requirements on
firearms dealers, but the standards are minimal; and
17. Whereas, the Court of Appeal in Suter v. City of Lafayette, 67 CaL. Rptr. 2d 420,428
(CaL. Ct. App. 1997) held that state law authorizes local governments in California to impose
additional licensing requirements on firearms dealers; i 7 and

18. Whereas, FFLs are required by federal                               law to comply with all state and local dealer laws
as a condition for retaining their federal                       licenses; i 8 and

 19. Whereas, the International Association of Chiefs of Police recommends that local
governments impose their own licensing requirements on firearms dealers because local
requirements can respond to specific community concerns, and local review of licensees
provides additional resources to identify and stop corrupt dealers; 19 and

20. Whereas, a 2009 study found that cities in states that comprehensively regulate retail
firearms dealers and cities where these businesses undergo regular compliance inspections have
significantly lower levels of gun trafficking than other cities;20 and
21. Whereas, no federal or California law imposes security requirements on firearms dealers
during business hours or requires firearms dealers or ammunition sellers to install burglar alarms
 or surveilance cameras. California law explicitly allows local jurisdictions to impose security
requirements on firearms dealers that are stricter or at a higher standard than those imposed by
state law;2\ and




 15 Bureau of Alcohol, Tobacco and Firearms, U.S. Departent of
                                                                                     the Treasury, Commerce in Firearms in the United
 States 16 (Feb. 2000), available at:
 www.rnayorsagainstillegalguns,org/downloads/pclJJCommerce in Firearms 2000.pdf
 16 Federal firearms licensee totals for California as of September 23, 2009 were proyided by the U.S. Departent of
 Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
 17 The court in Suter struck down a provision of
                                                   Lafayette's ordinance imposing additional security requirements on
 firearms dealers. That part of the opinion was superseded by the adoption of CaL. Penal Code § 12071 (b)( 1 5), see
 now CaL. Penal Code § 26890 (b).
 1818 U.S.c. § 923(d)(l)(F).
 19 International Association of
                               Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our
 Communities 14 (Sept. 2007), available at:
 http://www . the iac p. org/LinkC lick. aspx?fi 1eticket=%2F sO L i OkJK5 0%3 D&tab id=3 02.
 20 Daniel W. Webster et aI., Effects of
                                                    State-Level Firearm Seller Accountability Policies on Firearms Traffcking, 1.
 Urb. Health (July 2009),
 21 CaL. Penal Code § 26890 (b).
                                                                    Page 3 of 12


43
                                                                                                          0263


22. Whereas, no federal or California law requires agents and employees of firearms dealers
to undergo background checks. California law explicitly permits local jurisdictions to require
firearms dealers to perform such background checks;22 and

23. Whereas, no federal or California law prohibits firearms dealers from operating in
residential neighborhoods or near schools, daycare centers, or parks; and

24. Whereas, California law requires firearms dealers to report the loss or theft of any firearm
within 48 hours of discovery to the locallaw enforcement agency where the dealer's business
premises are located, but does not otherwise require dealers to provide inventory reports to local
I fì . 23
 aw en orcement agencies.

           Therefore, the Board of Supervisors of          the County of Santa Cruz ordains as follows:

                                                       SECTION II

       The Santa Cruz County Code is hereby amended by adding Chapter 5.62 to read as
follows:
                                                       Chapter 5.62
                                                    FIREARMS DEALERS

Sections:
   5.62.010            Purpose.
   5.62.020            Definitions.
   5.62.030            County License.
   5.62.040            Application for County License.
   5.62.050            Approval by the Licensing Officer.
   5.62.060            Denial of application.
   5.62.070            Appeal from deniaL.
   5.62.080            Location and site standards.
   5.62.090            On-site security.
   5.62.100            Compliance with state law.
   5.62.110            Maintenance and submission of records.
   5.62.120            License renewaL.
   5.62.130            License nonassignable.
   5.62.140            Suspension and revocation.
   5.62.150            Notification of suspension and revocation.
   5.62.160            Hearing on revocation or suspension.
   5.62.165            Insurance requirement.
   5.62.170            Violations.

22 CaL. Penal Code § 269 i 5.
23 CaL. Penal Code § 26885.


                                                        Page 4 of 12



                                                                                                            .8
                                                                                                          0264

     5.62.180 Penalties.

 5.62.010 Purpose.
             This chapter is enacted pursuant to state law, as set forth in Article 1, Chapter 2, Division
 6, Title 4, Part 6 of  the California Penal Code beginning with section 26700 et seq.

 5.62.020 Definitions.
             As used in this chapter, the following words and phrases shall have the meanings
 respectively ascribed to them by this section:
         (A) "Firearm" means a device as defined by California Penal Code section 16520.
             (B) "Clear evidence of his or her identity and age" includes, but is not limited to, a
 motor vehicle operator;s license, a state identification card, an armed forces identification card,
 an employment identification card which contains the bearer's signature and photograph, or any
 similar documentation which provides the seller reasonable assurance of the identity and age of
 the purchaser.
          (C) "County License" means a license issued by the local licensing authority pursuant
 to this chapter authorizing a person to engage in the sale, lease, transfer, delivery, advertisement
 or offer for sale, lease, or transfer of firearms.
             (D) "High Risk Alcohol Outlet" means a retail outlet where alcoholic beverages are
 sold including: any bar, tavern, liquor store, or convenience store. A bona fide restaurant, wine-
 tasting room, banquet facility, conference center, brewpub or nightclub (which nightclub does
 not have an on-sale alcohol beverage control general   license Type 48 or 51) shall not constitute a
 high-risk alcohol outlet.
             (E) "Local Licensing Authority" or "Licensing Officer" means the County
 Administrative Officer for the County of Santa Cruz, or his or her designee.

 5.62.030 County License.
        On and after April 8, 2013, no person required to obtain a Federal Firearms License and a
 State Department of Justice License to sell firearms, shall establish a business that engages in the
 sale, lease, transfer, delivery, advertisement or offer for sale, lease, or transfer any firearm
 without first also obtaining and keeping a current County License issued pursuant to this chapter
 by the local        licensing authority. No person operating under a current Federal and State firearms
 license as of        the effective date of     this chapter, shall be required to obtain a County License unless
 and until the State or Federal             license lapses, becomes void or is otherwise no longer in effect, or
 if the business moves to a new location.

 5.62.040 Application for County License.
             (A) Each person applying for a County License under this chapter shall submit an
 application to the Local Licensing Authority.
             (B) In order to obtain a County License, the applicant must first provide the following
 to the Licensing Officer:
             (1) A valid federal firearms license;
             (2) A valid seller's permit issued by the State Board of
                                                                        Equalization;
             (3) A valid certificate of eligibility issued by the Department of Justice;
             (4) Documentation that the seller is recorded in the centralized list maintained by the
 Department of Justice pursuant to California Penal Code section 26715;

                                                                        Page 5 of 12



43
                                                                                                                              0265


        (5) A list identifying each employee of the applicant (name, address, date of birth and
social security number) who will be engaged in the sale, lease, transfer or delivery of firearms;
and
           (6) Payment of a nonrefundable administrative fee, in an amount to be established by
resolution of the Board of Supervisors.
       (C) Where the applicant is a corporation each of the requirements contained in this
chapter must be completed and/or adhered to by a legally recognized corporate offcer of said
corporation. Where the applicant is a partnership, each of the requirements contained in this
chapter must be completed and/or adhered to by a legally recognized general partner of said
partnership. Both the individual and the corporation or partnership shall be liable for any
violation of the provisions of this chapter.
           (D) Each application shall specify only one location at which the sale or transfer of
firearms shall take place. If an firearms dealer licensed under either federal, State or local                                  law,
changes his or her place of business, an application for the new location shall be submitted,
accompanied by a nonrefundable fee (in the form of a check or cash) as set forth in the schedule
of fees. That application shall be considered an initial application and not an application for
renewaL.
            (E) Each application shall submit a security plan detailing the specific measures that
will be taken to secure and protect the business, including but not limited to those items required
by section 5.62.090.


5.62.050 Approval by Licensing Offcer.
        The Licensing Officer shall have the authority to approve or disapprove the issuance of
the County License. For the purpose of considering requests for a County License, the Licensing
Offcer shall apply the minimum standards set forth in this chapter. Factors to be considered by
the Licensing Offcer in approval or denial of the application for a County License include, but
are not limited to:
        (A) Evidence of
                         the applicant's compliance with all applicable county, state and federal
laws;
            (B) Whether applicant has violated any provisions of
                                                                                                 this chapter;
            (C) Whether the applicant has made any false statements as to any material fact in
applying for the County License;
       (D) Whether the applicant has done or caused or permitted to be done any act which if
done by an authorized firearms dealer would be grounds for suspension or revocation of the
County License;
            (E) Whether the proposed place of business meets the standards and requirements set
forth in Section 5.62.080;
            (F) Whether the applicant or any of applicant's employees identified pursuant to
Section 5.62.040(B)(5) have ever been convicted of a felony. To this end the Sheriff-Coroner
shall conduct a criminal history investigation of each said applicant and employee and provide a
report for the Licensing Officer. The applicant shall pay all fees incurred by the Sheriff-Coroner
in conducting any such criminal history investigation.
            The County License shall expire on December thirty first of                               the year in which it is issued.

5.62.060 Denial of Application.
       If the applicant does not meet all of the written standards, hereinabove set forth, the
Licensing Offcer shall not issue a County License to such applicant. It shall be the duty of the
                                                                     Page 6 of 12


                                                                                                                            li" .3
                                                                                                                 0266

 Licensing Offcer to notify an applicant that his or her application has been denied by serving
 such person, either personally or by first class United States mail, with a letter setting forth the
 reason(s) for such deniaL. The notice, if served by mail, shall be deemed to have been served on
 the date of its deposit in the United States mail, postage prepaid, to the applicant's address of
 record. The notice shall also inform the applicant of his or her right to a hearing before the Board
 of Supervisors at which time the applicant may appear, with a representative if so desired, and be
 heard on the matter. The applicant shall also be given notice that any request for a hearing before
 the Board of Supervisors must be made in writing to the Clerk of the Board within ten calendar
 days after the date on which such notice is served on the applicant.

 5.62.070 Appeal from deniaL.
         An applicant whose application has been denied by the Licensing Offcer shall have the
 right to appeal such decision to the Board of Supervisors. The Board of Supervisors shall hold a
 hearing thereon pursuant to the procedures set forth in section 5.62.150.

 5.62.080 Location and site standards.
          Any business licensed under this chapter shall be subject to the following locational
 criteria:
            (A) Shall only be located within a zone district designated as C-2, C-4, M-l or M-2 by
 the Santa Cruz County Z~ning Ordinance.
         (B) Shall not be located within six hundred feet of:
             (1) Any public or private school in which students aged 18 years or younger are
 enrolled;
             (2)       Any children's daycare center licensed by the state of California;
             (3)       Any publicly owned or operated park, playground or recreational area; or
             (4)       Any high risk alcohol outlet.
             (C) Shall not be located within one thousand feet of any parcel on which another
 business licensed under this chapter is doing business.
             (D) The distances specified in subdivisions (B) and (C) of
                                                                                           this section shall be
 measured in a straight line from any parcel                    line of the real property on which the business is
 proposed, to the nearest parcel                  line of the real property on which an existing business licensed
 under this chapter is located.

 5.62.090 On-site security.
         (A) If the proposed or current business location is to be used at least in part for the sale
 of firearms, the business shall be a secure facility within the meaning of Penal
 Code Section 17110.
         (B) If the business location is to be used at least in part for the sale of firearms, all
 heating, ventilating, air-conditioning, and service openings shall be secured with steel bars or
 metal grating.
         (C) Any time a location is not open for business, every firearm shall be stored in one of
 the following ways:
             (1) In a locked fireproof safe or vault within the business premises that meets the
 standards for a gun safe implemented by the Attorney General pursuant to Penal Code
 Section 23650; or
        (2) Secured with a hardened steel rod or cable of at least one-fourth inch in diameter
 through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened
                                                                      Page 7 of 12



48
0267




 43.)  t.
                                                                                                      0268

 system must produce retrievable and identifiable images and video recordings on media
 approved by the Licensing Offcer that can be enlarged through projection or other means, and
 can be made a permanent record for use in a criminal investigation. The system must be capable
 of delineating on playback the activity and physical features of persons or areas within the
 premises.
               (4) The stored images shall be maintained on the business premises for a period not
 less than one year from the date of recordation and shall be made available for inspection by
 federal, state or local law enforcement upon request.
               (5) The video surveilance system must be maintained in proper working order at all
         the system becomes inoperable, it must be repaired or replaced within ten calendar days.
 times. If

 The License holder must inspect the system at least weekly to ensure that it is operational and
 images are being recorded and retained as required.
          (6) The License holder shall post a sign in a conspicuous place at each entrance to the
 premises that states in block letters not less than one inch in height: THESE PREMISES ARE
 UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAYBE RECORDED.
          (H) The Licensing Offcer may impose security requirements in addition to those listed
 in this section prior to issuance of the County License. Failure to fully comply with the
 requirements of this section shall be sufficient cause for denial or revocation of the County
 License by the Licensing Offcer.

 5.62.100 Compliance with state law.
       Any person licensed under this chapter shall obey all applicable county, state and federal


 License; .
 laws; and in addition, comply with the following requirements:
             (A) The business shall be carried on only in the building designated in the County

             (B) The County License or a copy thereof, certified by the issuing authority, shall be
 displayed on the premises where it can easily be seen;
       (C) No firearm shall be delivered unless it is unloaded and securely wrapped or unloaded
 and in a locked container;
             (D) No firearm shall be delivered unless the purchaser presents clear evidence of his or
 her identity and age;
      (E) No firearm, or imitation thereof, or placard advertising the sale or other transfer
 thereof, shall be displayed in any part of the premises where it can readily be seen from the
 outside;
             (F) No firearm shall be delivered to any person that is prohibited by state or federal
                                                                                                         law
 from possessing a firearm;
             (G) The person licensed under this chapter shall post conspicuously within the licensed
 premises the following warning in block letters not less than three inches in height:
 IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A
 CHILD, YOU MAYBE FINED OR IMPRISONED, OR BOTH, IF THE CHILD GAINS
 ACCESS TO AND IMPROPERLY USES, THE FIREARM.

 5.62.110 Maintenance and submission of records.
        (A) Each person licensed under this chapter shall maintain records of importation,
 shipment, receipt, sale or other disposition of firearms and ammunition, and shall make such
 records available at all reasonable times, and shall submit to the Licensing Authority such reports
 and information upon reasonable request. The Licensing Officer, or his or her d~signee, may
                                                                        Page 9 of 12


43
                                                                                                             0269

enter the premises (including places of storage) of any County License holder during normal
business hours for the purpose of inspecting or examining (l) any records or documents required
to be kept; and/or (2) any firearms or ammunition kept or stored at such premises.
           (B) The County License holder shall maintain records of all employees, identifying
them by name, address, date of birth and social security number. The County License holder
shall notify the Licensing Officer in writing within ten calendar days of any change in employees
and submit the required identifying information for each newly hired employee. Failure to
comply with this section shall be grounds for revocation of                   the County License holder's license.

5.62.120 License renewaL.
        Every County License issued under this chapter shall expire on December 31 st of the
year in which it is issued. A County License holder shall submit an application for renewal in
person at least ninety calendar days before the expiration of the County License. License holders
who apply for renewal shall be required to meet all standards specified in this chapter. All of the
requirements and procedures applicable to new applications shall apply to renewal applications.
Each renewal application shall be accompanied by the applicable administrative fee.

5.62.130 License renewal nonassignable.
      Except as otherwise hereinafter provided, no County License issued under this chapter
may be sold, transferred or assigned by the firearms dealer or by operation of law, to any other
person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or
assignment, shall be deemed to constitute a voluntary surrender of such County License and such
County License shall thereafter be deemed terminated and void.

5.62.140 Suspension and revocation.
       Every County License issued under this chapter shall be subject to summary suspension
and revocation by the Licensing Offcer if he or she determines that:
            (A) The County License holder has failed to meet any of the requirements specified
under this chapter;
            (B) The County License holder and/or any employee(s) has violated any of the
conditions or provisions of this chapter;
            (C) The County License holder and/or any employee(s) has violated any provision of
federal or state firearms sales laws;
        (D) The County License holder's federal firearms sales license has been revoked; or
        (E) The County License holder has committed any act which could have resulted in the
denial of issuance of a firearms license.

5.62.150 Notification of suspension or revocation.
       It shall be the duty of the Licensing Officer or his or her designee to notify any County
License holder charged with any violation or misconduct, as described above, by serving such
person, either personally or by first class United States mail, with a letter setting forth the
particular written standard or condition which has been violated. The letter shall inform such
County License holder of the right to a hearing before the Board of Supervisors, at which time
the County License holder may appear with a representative if so desired and be heard in defense
of the charges. The County License holder shall also be given notice that any request for a
hearing before Board of Supervisors must be made in writing to the Clerk of the Board within
ten calendar days after the date on which notice is served on the County License holder. The
                                                              Page 10 of 12


                                                                                                                 4a
                                                                                                      0270

 suspension or revocation shall be effective on the date the notice is served on the County License
 holder. Such notice, if served by United States mail, shall be deemed to have been served on the
 date of its deposit in the United States mail, postage prepaid, to the County License holder's
 address of record.

 5.62.160 Hearing on revocation or suspension.
        (A) Any applicant or licensee who is aggrieved by any action taken in regard to a
 County License may request an appeal hearing before the Board of Supervisors. Request for such
 hearing shall be in writing and filed with the Clerk of the Board of Supervisors, and a copy fied
 with the Licensing Offcer on or before 10 calendar days after the action appealed from was
 taken, and shall state the grounds upon which the aggrieved party claims there was improper
 denial, suspension or revocation of his or her license.
            (B) Upon receipt of such request for hearing, the Board of Supervisors shall set the
 matter for hearing not later than 20 calendar days thereafter unless the Board is not in session in
 which case the Board shall set the matter for hearing at the next available regular meeting date.
 The Board may also determine whether to stay the denial, suspension or revocation pending
 decision on the appeaL. Written notice of the time and place of hearing on the matter shall be
 given by the Clerk of the Board of Supervisors to the aggrieved party and to the Licensing
 Officer, and upon receipt of the notice of hearing the Licensing Officer shall forward to the
 Board of Supervisors and provide to the appellant a report on this action with respect to the
 matter, attaching all relevant notices and any other materials relied upon by the Licensing Offcer
 in making the decision.
         (C) Upon hearing of the matter, the Board of Supervisors may take such action or make
 such orders as the Board deems just and proper in the disposition of the matter.

 5.62.165 Insurance requirements.
            Each County License holder shall maintain at all times while engaged in said business a
 policy of public liability insurance. Said policy of insurance shall provide coverage in the
 amount and to the limits prescribed from time to time by the Licensing Offcer in consultation
 with the County's risk manager. Any such policy of insurance shall contain an endorsement
 naming the County of Santa Cruz and its employees as additional insureds and further providing
 that the insurance policy will not be cancelled without first providing thirty days advance notice
 to the Licensing Offcer. Failure to obtain and maintain insurance as required herein shall
 constitute grounds for revocation or suspension of           the firearms dealer's County License.

 5.62.170 Violations.
             It shall be unlawful and a violation of this chapter for any person, corporation,
 partnership or other entity to operate a firearms business within the unincorporated area of the
 County of Santa Cruz without a valid County License issued pursuant to this Chapter.

 5.62.180 Penalties.
         Any person or entity, whether as principal, agent, employee, or otherwise, violating or
 causing or permitting the violation of any of the provisions of this chapter, shall be guilty of an
 infraction for the first offense, or of a misdemeanor for any subsequent offense(s) occurring
 within the one year after the first offense. Upon conviction, the person convicted shall be
 punished in accordance with Chapter 1.12 of this code.


                                                      Page 11 of 12



48
                                                                                                     0271


                                                 SECTION III

            If any section, sentence, clause, phrase or portion of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of any court, such decision shall not affect the
validity of     the remaining portions of   the ordinance. The Board of Supervisors would have
adopted this ordinance and each section, sentence, clause or phrase and portion thereof,
irrespective of       the fact that anyone or more sections, sentences, clauses, phrases or portions be
invalid or unconstitutionaL.


                                                 SECTION IV

           This ordinance shall take effect on the 31 5t day after the date of final passage.

           PASSED AND ADOPTED this _ day of                                 ,2013, by the Board of
Supervisors of     the County of      Santa Cruz by the following vote:

AYES:              SUPERVISORS
NOES:              SUPERVISORS
ABSENT:            SUPERVISORS
ABSTAIN:           SUPERVISORS

                                                     Chairperson of the
                                                     Board of Supervisors
Attest:
             Clerk of the Board




                           'Í~
                             FOR.M:




cc: County Administrative Office
            Sheriff-Coroner




                                                   Page 12 of 12

                                                                                                       ü
                                                                                               G ?'-l2




                                              ORDINANCE NO.

      AN INTERIM ORDINANCE OF THE COUNTY OF SANTA CRUZ
          EXTENDING A TEMPORARY MORATORIUM ON THE
     ESTABLISHMENT OF COMMERCIAL OPERATIONS ENGAGED IN
      THE SALE OF FIREARMS AND/OR AMMUNITION WITHIN THE
        UNINCORPORATED AREA OF SANTA CRUZ COUNTY AND
                DECLARING THE URGENCY THEREOF

            The Board of Supervisors of            the County of Santa Cruz find as follows:

            WHEREAS, the sale of firearms and/or ammunition has raised the
 following public health, safety or welfare concerns: safety of residents in close
 proximity to such sales; negative influence of such sales on children; possible
 increase in violence or criminals in close proximity to such sales; sufficiency of
 federal and state inspections (if applicable); and the safe storage of ammunition
 offered for sale; and

      WHEREAS, the sale of firearms and/or ammunition would be classified as
 a commercial use under the Zoning Ordinance of Santa Cruz County; and

             WHEREAS, the Zoning Ordinance is currently silent with regard to the
 sale of     firearms and/or ammunition; and

        WHEREAS, Article XI, Section 7 of the California Constitution permits a
 county to make and enforce all local police, sanitary and other ordinances and
 regulations not in conflict with general laws; and

        WHEREAS, California Government Code Section 65858, subdivision (a),
 provides: that legislative bodies may, to protect public safety, health and welfare,
 adopt as an urgency measure an interim ordinance prohibiting any uses that may
 be in conflict with a contemplated general plan, specific plan, or zoning proposal
 that the legislative body is considering or studying or intends to study within a
 reasonable time; that adoption of such urgency measures requires a four-fifths
 (4/5) vote of the legislative body; that such measures shall be of no effect forty-
 five (45) days from the date of adoption, and may be extended a maximum of two
 times and have a maximum total duration of   two (2) years; and

       WHEREAS, California Government Code Section 65858, subdivision (c),
 provides: that legislative bodies may not adopt or extend such ordinances unless
 they contain findings that there is a current and immediate threat to the public
 health, safety, or welfare, and that the approval of additional entitlements would
 result in that threat to the public health, safety or welfare; and



lS                                                      i
                                                                                   02'13


        WHEREAS, the Board of Supervisors desires to (1) address the community
concerns regarding the establishment and operation of firearm and/or ammunition
sales businesses located in the unincorporated areas of the County of Santa Cruz,
(2) evaluate the adjacent city's regulation of such ammunition and/or firearm
sales, (3) study the potential impacts that firearm and/or ammunition sales may
have on the public health, safety and welfare, (4) study and determine what local
regulations may be appropriate or necessary for firearms and/or ammunition sales,
(5) study and determine the appropriate zoning and location for businesses
engaging in ammunition and/or firearm sales, and (6) determine appropriate
controls for protection of public health and welfare; and

         WHEREAS, on January 15, 2013, the Board of Supervisors adopted
Ordinance NO.5 146 on an urgency basis, establishing a temporary moratorium on
the establishment of new commercial operations engaged in the sale of firearms
and/or ammunition within the unincorporated area of the County of Santa Cruz;
and

       WHEREAS, staff requires additional time to study the issues related to the
establishment and operation of firearm and/or ammunition sales businesses for the
purpose of considering possible regulatory changes; therefore it is appropriate to
extend the existing moratorium for an additional period often (10) months fifteen
(15) days consistent with the authority granted by Government Code Section
65858.

         WHEREAS, pursuant to Section 15001 of the California Environmental
Quality Act (CEQA) Guidelines, this Ordinance is exempt from CEQA based on
the following:
       (1) This Ordinance is not a project within the meaning of Section 15378 of
the State CEQA Guidelines, because it has no potential for resulting in physical
change in the environment, directly or ultimately.
       (2) This Ordinance is categorically exempt from CEQA under Section
 15308 of the CEQA Guidelines as a regulatory action taken by the County
pursuant to its police power and in accordance with Government Code Section
65858 to assure maintenance and protection of the environment pending the
evaluation and adoption of contemplated local legislation, regulation and policies.
         (3) This Ordinance is not subject to CEQA under the general rule that
CEQA applies only to projects which have the potential for causing a significant
effect on the environment. For the reasons set forth in subparagraphs (1) and (2),
above, it can be seen with certainty that there is no possibility that this Ordinance
wil have a significant effect on the environment.

      NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
the County of Santa Cruz as follows:


                                          2
                                                                                    ~
                                                                                                             0274


                                                                 SECTION I
     Incorporation of Recitals. The Board of Supervisors finds that all of the above
     Recitals are true and correct and are incorporated herein by reference.

                                                                SECTION II
     Moratorium Imposed. In accordance with the authority granted the County of
     Santa Cruz under Article XI, Section 7 of the California Constitution, and
     California Government Code section 65858, from and after the effective date of
     this Ordinance and continuing for a ten (10) month and fifteen (15) day period, no
     person shall establish a commercial operation engaged in the sale of firearms
     and/or ammunition within the unincorporated area of the County of Santa Cruz.
     The establishment of a commercial operation engaged in the sale of firearms
     and/or ammunition is hereby expressly prohibited.

                                                               SECTION III
     Authority; Urgency Statement. This Ordinance is an interim ordinance adopted
     as an urgency measure pursuant to Government Code section 65858, and is for the
     immediate preservation of the public welfare. The facts constituting an urgency
     and a current and immediate threat to the public health, safety and welfare are
     these: considerable uncertainty exists as to whether the operation of firearms and
     ammunition sales businesses within the unincorporated area of the County of
     Santa Cruz is in conformance with the General Plan and the Zoning Ordinance and
     whether they may be hazardous to the public health, safety and welfare. Until
     County staff completes its research on this matter, this uncertainty wil remain.
     The granting of land use entitlements for uses that are inconsistent with the Zoning
     Ordinance or General Plan is contrary to state law. Absent the adoption of this
     urgency Ordinance, this uncertainty wil continue and negatively impact the public
     welfare, safety and health. As a result of this threat to the public welfare, safety
     and health, it is necessary to extend the temporarily moratorium for an additional
     period of ten (10) month and fifteen (15) day on the granting of any land use
     entitlement allowing the establishment of a commercial operation engaged in the
     sale of firearms and/or ammunition.

                                                                SECTION IV
     Severabilty. If any section, subsection, sentence, clause or phrase of this
     ordinance is for any reason held to be unconstitutional and invalid, such decision
     shall not affect the validity of                   the remaining portion of   this ordinance. The Board
     of Supervisors hereby declares that it would have passed this ordinance and every
     section, subsection, sentence, clause or phrase thereof, irrespective of                    the fact that



~ t ~S                                                                     3
                                                                                                  02 5


anyone or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or invalid.

                                                SECTION           V

Effective Date and Duration. This Ordinance shall become effective immediately
upon adoption by at least four-fifths (4/5) vote of the Board of Supervisors and
shall be in effect for ten (10) months and fifteen (15) days from February 26,
2013.

            PASSED AND ADOPTED THIS day                                    of ,2013, by
the Board of Supervisors of               the County of Santa Cruz by the following vote:

AYES:                   SUPERVISORS
NOES:                   SUPERVISORS
ABSENT:                 SUPERVISORS
ABSTAIN:                SUPERVISORS


                                                          Chairperson of    the Board of Supervisors

Attest:
            Clerk of          the Board




Distribution: County Administrative Officer
                        Planning Department
                        County Sheriff




                                                          4
                                                                                                         l8
Alicia Murilo
From:                      cbd bosmail@co.santa-cruz.ca.us
Sent:                      Friday, February 22, 2013 7:30 PM
To:                        CBO BOSMAIL
Subject:                   Agenda Comments



Meeting Date : 2/26/2013                                            Item Number: 43

Name: Chrs Parsons                                                  Email: Not Supplied


Address: Not Supplied                                               Phone: Not Supplied




Comments:
rt's becoming clear that your only intention is to postpone this business being built until those who want to built
it just give up.

Shame on each one of you.




                                                          1

                                                                                                          L/
02/26/2013 07: 59 FAX 562 216 4445                       MICHEL&ASSOC.                                              14 0011004




                                                . ..,.


                                    MIcift ¡&~SsOIATESlHC.
                                        AttQroeys at :Law
 Writers ÙUcci CoUtlct;
 (;62) 216-
 CMiehel@michel1wyen.coii

                                       IMMEDIATE ATTENTION

                                          FAX TRANSMITTAL SHEET

  TO:                BOARD OF SUPERVISORS

  FIM:               COUNTY OF SANTA CRUZ

  FAX    NO.:         (831) 454-3262

  TEL.   NO.          (831) 454~2200

  FROM:              C. D. Michel

  DATE:              Februar 26,2013


  RE:                QDosition to Proposed Ordinance Reglating Firearm Dealers and Interim Ordinance
                     to Extend The Temporary Moratorium Thereof
 THIS FAX CONTAINS COVER PAGE PLUS -L PAGES. IF YOU DO NOT RECEIVE ALL PAGES PLEASE CONTACT
 Claudia Ayala AT (562) 216-4444.



                                            SPECIAL INSTRUCTIONS
  Please provide a copy to the Board of Supervisors before today's meeting. Thank you
                              .. '.'. ... .... , ..,-,-,- .~.~_._._, "'~ ,." "._._.~-,...__._-_._._---_._._---




        THS MESSAGE is INTEND.ED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT is
  ADDRESSED, A NO MAY com AIN INORMA nON THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM
  DISCLOSURE UNDEH APPUCABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,
  OR THE EMPLOYEE OR AGENT RESPONSlBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT,
  YOU ARE HEREBY NOTIFmn THAT ANY REVIEW, DISSEMINATION, DISTRI BUTlON OR COPYING OF THIS
  COMMUN (CATION is STRCTLY PROffBITED. IF YOU HA VF RECEIVD THIS COMMUNICA nON IN ERROR,
  PLEASE NOTIFY US IMDIATELY BY TELEPHONE AND RETURN TH ORIGINAL MESSAGE TO US AT THE
  ADDRESS BELOW VIA THE U,S. POSTAL SERVICE. TfANK YOU.




             180E. Ocean Boulevard, Suite 200 · Long Beach, e'A''9ilSOi'.T';r(S62) ii6=4444';'Fa;;-(562) 216.4445
                                                  www.michellawyers.com
02/26/2013 07: 59 FAX 562 216 4445                            MICHEL&ASSOC.                                    14 0021004


   SENIOF¡ COUNS~
   c. D. MICHEL"                                                                                                  OF' COUNSEL
                                                                                                                 O¡;N a. KATES
   $F'ECIAL. COUNSEL
   JO!lHI. R. OACt;
  W. LEE SMITH
                                                             "J', .~                                        e.'nU;O..QI,Ng. WA

                                                                                                              RUTH "" HARINO
                                                                                                        MA'lcw M. HORECZKO
  A$OCIA~                                            MlcHiJ & ~SSOOlAtE.r'p.C.                               Los A..o~~, CA
  ANNA M, 15ARvIA
  SEAN A, BAAjY
  SCOTT M. F"1~ANK.I.IN
                                                         Atto!rney~ at..LlIw                             GL.ENN S. MeROElERTS
                                                                                                               .lAN DIEOO, CA
  THOMA.~ I!. MAC.II~'Jr';~KI
  CLINT B. MONI.OI'','                                                                                    AF'JUATi; COUNSi;L
  TAMARA lV, RIQI~R                                                                                      WOHN F. MAC;HTINO~I~
  wO.eEF''1 A, S,LV0:50, III                                                                              wEFFREV M. COHO",
  L.$ ANOEl, CA                                                                                              Lo~ ANCo:L.~, CA

  "ALSO ADMITTED IN TElC$                                                                                      OI'VIQ ,.. I1RCV
                                                                                                                  l\CBO"   , JI
  WI~I'ri:R':i DIRECT CONTACT:
  i:i:~-~ I Ci-44"'4
  CMIC.IEL@"'ICHELLWVERS.CnM

                                                             February 26,2013


            Supervisor John Leopold
            Supervisor Z(l~ck Friend
            Supervisor Nt~al Coonery
            Supervsor Greg Caput
           Supervísor Bruce McPherson
           COUNTY OF SANTA CRUZ
           BOARD OF SUPERVISORS
           70 I Ocean Street, Room 500
           Santa Cru, CA 95060
           VIA FAX (831) 454-3262, EMAIL, & U. S. MAIL


                                   Re: Opposition        to Proposed Ordinance Reeulatini: Firearm Dealers and
                                              Interim Ordinance to Extend Th.. TemporaO: Moratorium Thereof

           Dear Members oftbe Board of Supervisors:

                      We again wrte on behalf of our clients, the Nalional Rifle Association ("NRA") and the
           California Rit1e and Pistol Association ("CRPA"), as well as the hundreds of     thousands of their
           members in California, including members in Santa Cruz County, to express our clients'
           opposition to the proposed ordinance addíng Chapter 5.62 to the Santa Cru County Code
           Regarding the Regulation of Firearm Dealers ("Proposed Ordinance") tht this Board is curently
           considering for adoption.

                  In our previous letter to ths Board opposin the proposed moratorium, we explained that
          the U.S. Supreme Court has confired that the Second Amendment protects a fundamental,
          individual right to keep and bear ar from inringement by local govenunents (District of
          Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 130 S. Ct. 3020 (2010)), and
          that such right necessarily implies a corresponding right to acquire fireanns. (See Andrews v.
          State, 50 Tenn. 165, 178 (1871) (a case repeatedly cited by the Supreme Cour in Heller holding
          that the right to keep and bear ar "necessarily includes the right to purchase them. . . "); Ezell
          v. City of Chicago, 651 F.3d 684 (7th Cir. 201 I)). TIiis is an important fact to consider in the
          legal analysis of any regulation on fireas.


                          180 EAST OCEAN eOUL~A~D · SUITE! 200 · LONG SE!CH · CAL.IFORNIA · 9080"
                                TÈ~L: 562-2 I 6-4444 · F'AX: 562-216-4445 · WWW.rvICHE:i.L.WYE:RS.COM
02/26/2013 07: 59 FAX 562 216 4445                                 MI CHEL&SSOC.                               14 003/004


        Februar 26,2013
        Page 2 of3
        Re: Opposition to Proposed Ordinance Reguating Firear Dealers and Interim Ordinance to
                   Extend The Temporary Moratorium Thereof

             While firear dealers are not, as a result of their protected status, exempt from general
        commercial or zoning regulations (and may conceivably be subjected to additional, narowly
        tailored ones, like requiring backgrowid checks of employees who handle firears), they canot
        be singled out for exceptonally harsh restrictions and regulations that do not meet heightened
        scrutiny. But that is exactly what the Proposed Ordinal'lCe does. It places several onerous burdens
        on those wishing to conduct a lawful firears business under the guise of "regulation." But the
        provisions of
                                                                                    any governmental
                            the Proposed Ordinance are hardly related to the furerance of


                                                                           Mount Ephraim, 452 U.S.
        interest, let alone necessary to achieve one. See Schiid I'. Borough of

        61,68 (1981) (citations omitted) (when a zoning law Înfringes upon a protected liberty, it must
        be nS1TOWlY drawn and must futher a sufficiently substantial goverent interest.").


                Tellingly, when considering the adoption of a similar ordinance package purorting to
       regulate firearm dealers, the San Mateo County Board of Supervisors, upon consideration of a
       letter from our offce similar to this one, rejected that package. The San Mateo Board likely
       understood that "regulations" like the provisions contained in the Proposed Ordinance and
       Interim Ordinance are replete with legal issues, including but not limited to, conflcts with the
       preemption doctrne, Second Amendment, and Equal Protection Clause, which conflicts wil
       eventually neød to be resolved through litigation. Adopting the Proposed Ordinance wi1 thus
       subject the County to a lawsuit.

                   The m:w area of Second Amendment civil rights jmisprudence is evolving rapidly in the
       wake of     the Supreme Cour recognizing an individual Second Amendment right in the Heller
       case. The law~, and not mere ideology, supports our positions. The County would be wise to
       refr from adopting this Proposed Ordinance and avoid extending the moratorium while this
       new field of law develops though litigation in other jurisdictions. The County is free to adopt
       reasonable regulations designed on firearm dealers, such as requirng employee background
       checks, some security measures, etc. But as the FisCii! court admonished: "the goal of any local
       authority wishing to legislate in the area of gun control should be to accommodate the local
       interest with the least possible interference with state law. . . Therefore, when it comes to
       regulating firearms, local governments are well advised to tread lightly." Fiscal v. City and
       County of        San Francisco, 158 Cal. App. 4th 895, 919. (2008).

                  Whle anti-Second Amendment-rights groups such as Law Center to Prevent Gun
       Violence may promise to provide a legal defense of the Proposed Ordinance for the County pro
       bono, if     the challengers prevail, the County wi1 stil be liable for the challengers' costs and
       attorneys' fees, which can be signficant. Defending its handgun ban ordinance in the Fiscal case
       cost San Francisco roughly $600,000.00, in addition to the $380,000.00 it paid to the NR to
       reimburse it for its attorney's fees when San Francisco lost. The City of             Chicago recently paid
       $125,000 to a plaintiff           who challenged the constitutionality of that city's ordinance banning
       people with cc:rtain non-violent misdemeanor conviction:: from possessing firears in their
       homes for self.defense in the case of Gowder v. Chicago, 11 C 1304 WL 2325826 (N.D. IlL. June
       19,2012). That was following Chicago's payment of approximately $1.4 millon dollars to the
       NR and $400,000 to the Second Amendment Foundation tor the McDonald case. And, the

                    I 80 EAs'r OCEAN 80ULEVARO · SUIT! ZOO · LONG BEACH · CAI.IFORNIA · 90602
                         Ti~l.: 562-2 16-4444 · FAX: 562-216-4446 · WW.MICHE:LLAWYERS.COM
02/26/2013 08: 00 FAX 562 216 4445                                   MICHEL&ASSOC.                                   14 004/004


        Februar 26,2013
        Page 3 of3
        Re: Oppo8ition to Proposed Ordinance Regulating Firearm Dealers and Interim Ordinance to
                   Extend The Temporar Moratorium Thereof

        District of Columbia had to pay $1.1 milion to Mr. Heller.                     1




                   Our clients understand the need to fight the crim.inal misuse offireans and gun violence,
        and have a variety (if effective programs available to you upon request. Ones that do not infrnge
        the rights of       your residents. We suggest you consider taking our clients up on those programs
        before delving into highly restrctive and ineffective laws. For, they
                                                                                           are trly effective and cost
        the County nothing, while the sae canot be said for the Proposed Ordinance.


                  If    you have any questions or concerns concerning the content of
                                                                                              this correspondence,
       please feel free to contact us at your convenience.

                                                      Sincerely,
                                                     Michel & Associates, P.e.
                                                      ~Il _--'-.'
                                                      , 1-- .-'
                                                      ,I '&:'
                                                             . "-.. _..."".-.

                                                     C. D. Michel


       CDMlca

       cc: Tess E. Fitzgerald, Clerk oftlie Board
              COUNTY OF SANTA CRUZ
              701 Ocean Street, Room 500
              Santa Cru;¡:, CA 95060
               VIA FAX..454.2327

              Dana McRae.. County Counsel
              COUNTY OF SANTA CRUZ
              701 Ocean Street, Room 500
              Santa Crui:, CA 95060
              VIA FAX (831) 454.2115




                 i It is also worth mentionig that when Alameda Cowlty's ban On firean sales on its
      propert - effe:ctively a ban on gun shows - was chalenged, twelve years of litigation and
      hundreds of  thousands of dollars in costs later, Alameda County ultimately interpreted its
      ordinance to allow gun shows on its propert before the Ninth Circuit ruled on the law, mooting
      the controversy and ending the case. While the court did not award fees to the challengers
      because it did not rule on the merits, had it ruled in the challengers' favor, they would have
      sought over $1 milion. See Nordyke v. King, 681 F.3d 1041 (9th Cir. 2012) (en bane).
                   i eo EAST OCEAN BOULEVARO · $I"ITe: 200 · LONG BEACH · CALIFORNIA . 90BO~
                         TEL: 562'2 I 6-4444 · FAX: 562"2 16.444!5 · WWW.IVICfoEL.I.WYE:RS,C:OM

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:4/17/2013
language:Japanese
pages:24