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CC Resolution No. 16-017 Supporting the "Safety For All Act of 2016" Ballot InitiativeRESOLUTION NO. 16-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY CUPERTINO SUPPORTING THE "SAFETY FOR ALL ACT OF 2016" BALLOT INITIATIVE WHEREAS, more than 1 17,000 Americans were killed or injured by guns in 2013, including nearly 7,500 minors, and 8,935 Californians; and, WHEREAS, there have been at least 160 school shootings in America since the massacre at Sandy Hook Elementary School in December 2012; and, WHEREAS, California has been a leader in adopting effective, common sense gun safety laws to save lives and increase public safety, but the state still has loopholes in its laws that allow too many dangerous individuals to obtain firearms and commit acts of violence; and WHEREAS, California Lieutenant Governor Gavin Newsom introduced a 2016 ballot measure known as the "Safety for All Act of 2016," which is a package of common sense reforms to protect our families and communities from gun violence; and, WHEREAS, this initiative would help keep ammunition from falling into dangerous hands by requiring ammunition sellers to be licensed, to conduct background checks on purchasers and employees, and to report records of ammunition sales and lost or stolen ammunition to law enforcement; and WHEREAS, this initiative would strengthen oversight of firearm dealers by requiring them to conduct employee background checks and report lost or stolen ammunition, as well as firearms; and, WHEREAS, this initiative would help protect our city from mass shootings by making it illegal to possess the kinds of military-style, large-capacity ammunition magazines that enable mass killings, and by providing for the legal disposal of these magazines; and, WHEREAS, this initiative would help enforce existing gun laws by implementing a clear process for those convicted of a felony or other firearm- prohibiting crime to relinquish their firearms after conviction; and, WHEREAS, this initiative would help law enforcement break up gun trafficking rings and return lost or stolen firearms to their lawful owners by requiring individuals to notify law enforcement if their firearm has been lost or stolen; and, WHEREAS, the initiative would ensure that California law enforcement shares crucial data with the FBI's Background Check System; and, WHEREAS, recent public polls show the vast majority of Californians support all of these proposals to close loopholes and strengthen our state's gun safety laws; and, WHEREAS, it is essential for the public safety of the people of Cupertino to support effective and reasonable reforms to protect our community from gun violence; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby supports the "Safety for All Act" ballot initiative. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1s1 of March, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Chang, Vaidhyanathan, Paul, Sinks, Wong None None None APPROVED: &,~,µ- Grace Schmidt, City Clerk Barry THE SAFETY FOR ALL ACT OF2016 Lost or Stolen Firearms (section 4) Beginning July I , 20 I 7, owners of firearms have to report the theft or loss of a firearm within 5 days. First and second offenses for failure to report are infractions with fines up to $1000, subsequent offenses are misdemeanors with up to 6 months in jail and/ or up to $1 000 fine. Additional fines and/or penalties available for false reports. Law enforcement must comply with respect to their personal guns. Strengthening Federal Background Checks (section 5) Beginning July 1, 2017, require all future AGs to do what current State DOJ does voluntarily: report information to NICS (federal background check system) about which California residents are prohibited from owning guns, and continue conducting its own background checks on gun buyers. Contains privacy safeguards for reported information. Large-Capacity Magazines (section 6) Require owners to get rid oflarge-capacity magazines by July 1, 2017 by removing them from the state, selling them to a dealer, or giving them to law enforcement for destruction. Violators can be given an infraction with a $100 fine per magazine, or a misdemeanor with up to one year in jail or $100 fine per magazine. Firearms Dealers (section 7) Require firearms dealers to report lost or stolen ammunition, and, by January 1, 2018, conduct background checks on employees. Sales of Ammunition (sections 8and 9) Beginning January 1, 2018, require dealers who sell more than 500 rounds of ammunition per month to become licensed ammunition venders. Dealers who are already licensed firearms dealers would automatically be deemed licensed ammunition dealers. Require venders to report the loss or theft of ammunition to law enforcement, and conduct background checks on employees. Beginning July 1, 2019, require all sales of ammunition to be made through licensed vendors. Sales of ammunition by unlicensed individuals would have to be processed through a licensed ammunition vendor, and sales over the Internet would have to be delivered to a licensed ammunition vendor. Require ammunition purchasers to apply to DOJ for an ammunition purchase authorization number that would be valid for 4 years at a cost of $50 and a possible 30 day wait. Purchasers would have to use that number for an "instant" background check at each ammunition purchase, but sales would be immediate (no waiting period). Transfers of ammunition -where no money is exchanged-would not have to be processed through vendors but would have to be conducted in a face-to-face transaction. Impose misdemeanor for straw purchases. Relinquishment of Firearms by Convicted Criminals (section 10) Beginning January 1, 2018, require courts to inform defendants, at the time of conviction, that their conviction deprives them of the right to own a firearm for 10 years or permanently. Requires them to dispose of firearms, generally within 14 days or less, and provide court with documentation about disposal. Court would issue search warrant if known firearms were not proven to be relinquished as required. Theft of Firearms (section 11) Clarifies that the theft of a gun can be charged as a felony. Makes it illegal for people who have been convicted of the theft of a firearm to possess firearms.