Santa Clara County Municipal Code Ch. II Regulation of Firearms and Ammunition on County Property

(a) The intent of this Chapter is to:

(1) Protect the safety of members of the public, specifically children, including persons who congregate at, or visit, County buildings, County parks, County community centers, and other County-owned or operated facilities;

(2) Enable the public to visit the County's properties, buildings, and facilities without fear of firearm violence or accidental firearm-related injuries;

(3) Reduce the potential for firearm-related fatalities and injuries on the County's properties, buildings, and facilities;

(4) Reduce security costs and minimize County liability for injuries or deaths on County Property caused by firearms, thereby conserving taxpayer dollars;

(5) Prevent endangerment to Sheriff's deputies and law enforcement officers caused by firearms on County Property;

(6) Prevent County Property from being used to facilitate activities that can endanger public safety and health; and

(7) Ensure that any use of firearms on County Property occurs in a safe and secure manner such as in designated shooting ranges.

(b) To achieve these important, substantial, and compelling governmental interests, the Board of Supervisors seeks to ensure that County Property:

(1) Is used in a manner that minimizes risks that the public and County employees will suffer harm from gun violence or accidental firearm-related injuries;

(2) Is not used to facilitate the potential unlawful purchase of firearms; and

(3) Is not used to subsidize activities that can endanger public safety and health.

(c) The Board of Supervisors finds that firearm fatalities and injuries are of epidemic proportions in Santa Clara County and across the country:

(1) National, state, and local statistical information overwhelmingly demonstrates that the incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions, as the following examples demonstrate.

i. According to statistics from the County of Santa Clara Public Health Department, in 2016, 11 percent of injury deaths were due to firearms, and nearly a quarter (23 percent) of robberies occurring in Santa Clara County that year involved a firearm.

ii. The County of Santa Clara Sheriff's Office reports that from January 1, 2015, to March 31, 2018, there have been 19 cases of firearm-related death and injury in those areas served by the Sheriff's Office.

iii. According to the United States Centers for Disease Control and Prevention, in 2015, in the United States 36,252 people lost their lives in firearm-related incidents including homicides, suicides, and unintentional shootings. In 2015, guns were used in 12,979 homicides in the United States.

iv. According to the Brady Campaign to Prevent Gun Violence, an average of 318 people are shot each day nationwide, and 96 of those people die from their injuries. In Santa Clara County, four people have been killed in shootings in the first two months of 2018.

v. The Johns Hopkins Center for Gun Policy and Research reports that young people in the United States are at particular risk for being both victims and perpetrators of firearm-related violence. In 2007, more than 4,900 firearm-related homicide victims were age 24 and younger. In this same age group, almost 2,000 adolescents and young adults committed suicide with a firearm.

vi. The Johns Hopkins Center for Gun Policy and Research also reports that firearms are the most common weapon used in intimate partner homicides, citing federal data collected from police departments in 2005 reflecting that approximately 40 percent of female homicide victims ages 15—50 were killed by either a current or former intimate partner and that in over half (55 percent) of these cases the perpetrator used a gun.

(2) A notable increase in random acts of mayhem and violence using firearms has occurred throughout the United States, California, and Northern California:

i. On April 3, 2018, four people were injured in a shooting at the YouTube headquarters in San Bruno, California.

ii. On March 27, 2018, in the neighboring community of East Palo Alto, a 65-year-old woman leaving a grocery store was randomly shot by a stranger, who was later arrested in Santa Clara County.

iii. On February 14, 2018, 17 people were killed and 14 people were injured in a shooting at Marjory Stoneman Douglas High School in Parkland, Florida.

iv. On November 14, 2017, five people were killed and ten people were injured in a series of shootings at Rancho Tehama Reserve, a community in the unincorporated region of Tehama County, California.

v. On November 5, 2017, 27 people were killed and 20 were injured in a shooting at the First Baptist Church in Sutherland Springs, Texas.

vi. On October 1, 2017, 58 people were killed and more than 500 were wounded in a shooting at a concert on the Las Vegas strip in Nevada.

vii. On June 12, 2016, 49 people were killed and another 53 were wounded in a shooting at a nightclub in Orlando, Florida. The nightclub was a gay nightclub that was hosting a "Latin Night" and thus the shooting is widely considered a violent hate crime against the LGBTQ community and Latinos.

viii. On December 2, 2015, 14 people were killed and 22 were wounded in a shooting at the Inland Regional Center in San Bernardino, California. The shooting targeted county employees, and more than 35% of the San Bernardino County Public Health Department's workforce were killed or injured in the attack.

ix. On October 1, 2015, nine people were killed in a college campus near Roseburg, Oregon, when a student fatally shot an assistant professor and eight students in a classroom and injured eight others.

x. On June 17, 2015, nine people were killed in a racially-motivated shooting at a baptist church in Charleston, South Carolina.

xi. On April 2, 2014, three people were killed and 16 were wounded in a shooting at Fort Hood in Killeen, Texas.

xii. On September 16, 2013, 12 people were killed at a shooting at the Washington Navy Yard.

xiii. On February 26, 2013, two police officers in Santa Cruz, California, were shot and killed in the line of duty by an armed suspect.

xiv. On February 13, 2013, one teenager was fatally shot on the grounds of an elementary school in San Leandro, California, when the victim allegedly refused to make good on a five-dollar bet.

xv. On December 14, 2012, 27 people, including 20 children, were killed with a firearm during a mass shooting at Sandy Hook Elementary School in Newtown, Connecticut. The perpetrator used a collection of firearms lawfully acquired by his mother to shoot her and the other victims.

xvi. On July 20, 2012, 12 people were killed and 58 people were wounded at a mass shooting in a movie theater in Aurora, Colorado.

xvii. On April 2, 2012, seven people were killed and three people injured in a mass shooting at Oikos University in Oakland, California.

xviii. County employees—particularly Sheriff's deputies—encounter individuals on County Property who are armed. Decreasing the number of armed individuals on County Property will increase the safety of these employees.

(3) Whenever firearms and ammunition are present, even when they are being handled by knowledgeable and conscientious individuals, a danger of accidental shootings—causing injury or death—arises. According to the United States Centers for Disease Control and Prevention, from 2006—2016, unintentional firearm injuries caused the deaths of approximately 6,096 people. These recent incidents illustrate the problem's severity:

i. On March 13, 2018, a California math teacher at Seaside High School in Monterey County, who was also a reserve officer for the local police department and trained in firearms use, accidentally fired a loaded gun in his classroom while providing instruction related to public safety.

ii. On January 19, 2013, at a "Gun Appreciation Day" gun show in Medina, Ohio, a 62-year-old man was shot in the arm when a firearms dealer accidentally discharged a gun he had purchased from an attendee. On the same day, at the Indy 1500 Gun and Knife Show in Indianapolis, Indiana, a man accidentally shot his hand as he unloaded a firearm. Also on the same day, at the Dixie Gun and Knife Show in Raleigh, North Carolina, three people were injured when a 12-gauge shotgun filled with "bird shot" accidentally discharged.

iii. On February 27, 2013, a public school employee in Van, Texas, was accidentally shot and wounded during a school district sponsored handgun safety class.

(d) While government at all levels has an important, substantial, and compelling interest in protecting the public from firearm-related injuries and death, local governments are the entities primarily responsible for the protection of public health, safety, and welfare in their communities. The County is also charged under State law, including Government Code section 23004(d), with managing its own property "as the interests of its inhabitants require." The Board of Supervisors, therefore, has a responsibility to ensure that it protects public health and safety, including that of the public when on County Property, and that of law-enforcement officers charged with policing and protecting County Property.

(1) The County owns and operates many different public facilities that are widely patronized by the public, including seniors and children. In addition to buildings housing officials and employees where the public must come to conduct business with the County, the County operates parks and recreation facilities, health care facilities, social services centers, and emergency housing shelters. Locations such as these are places where large numbers of youth and adults congregate, making them appealing for someone intending to harm many individuals in a single event. The County has a critically important interest in protecting members of the public who use its public facilities and its employees from gun violence and injuries, especially those like children who are at particular risk of injury and death from gun violence.

(2) The County owns and operates an integrated health and hospital system, the Santa Clara Valley Health and Hospital System, which includes Santa Clara Valley Medical Center (SCVMC). As a Level I trauma hospital, SCVMC, and the County's entire health and hospital system, faces costs associated with treating and caring for those injured by firearms-related incidents. According to a 2018 analysis by the County of Santa Clara Public Health Department, the economic cost associated with firearm deaths, hospitalizations, and emergency department visits in Santa Clara County amounts to over $126,000,000.00 annually, including the cost of medical bills and lost work. According to the Santa Clara Valley Medical Center, from January 1, 2016 to December 31, 2017, there have been over 100 firearm injuries treated in the trauma center.

(3) The County also owns the Santa Clara County Fairgrounds ("Fairgrounds"), used for many events attended by the public. The Fairgrounds has been the venue for many gun shows, as have other county fairgrounds throughout the state. Numerous other localities have adopted regulations prohibiting sale, possession, and/or use of firearms on their fairgrounds and/or other property. For example, Los Angeles County adopted such a prohibition after guns purchased at a gun show at its county fairgrounds were used in the commission of federal crimes and undercover agents were allowed to purchase illegal firearms at another gun show on the county fairgrounds. Shootings have also occurred on and around neighboring county fairgrounds. For example, on July 3, 2017, two people were shot outside the San Joaquin County fairgrounds in Stockton, California.

(4) The Board of Supervisors has the authority to manage and control County Property, and it may regulate by ordinance the manner in which the County's properties are accessed and used by members of the public.

(5) Prohibiting the possession, discharge, or sale of firearms and ammunition on County Property does not burden the rights of persons to engage in self-defense using firearms and does not prevent persons from purchasing firearms at retail outlets operating in other parts of Santa Clara County and throughout the region. As of April 2018, there are at least 63 federal firearms licensees authorized to sell firearms in Santa Clara County. An average of 24,000 guns are sold in Santa Clara County each year. Given the number of federal firearm license holders authorized to sell firearms and ammunition in Santa Clara County and the number of guns sold annually, residents of Santa Clara County have many different opportunities to view and purchase firearms for self-defense, sporting, or other lawful purposes. The County's prohibition on the possession, discharge, or sale of firearms and ammunition on County Property, such as at gun shows conducted at the Santa Clara County Fairgrounds, has a de minimis effect on any individual's ability to purchase firearms for legitimate purposes.

(6) The County and its Board of Supervisors respects the ability of Santa Clara County residents to purchase, possess, and lawfully use firearms. Because this Ordinance prohibits the possession, discharge, or sale of firearms and ammunition only on County Property, it does not diminish the ability of persons to lawfully purchase, possess, or sell firearms elsewhere within Santa Clara County. The Supreme Court of the United States recognized in its decision in District of Columbia v. Heller that "nothing in [its] opinion should be taken to cast doubt on … laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

(e) For the foregoing reasons, the Board of Supervisors wishes to protect County Property by prohibiting the possession of firearms and ammunition, including the purchase and sale and discharge of firearms and ammunition, with the exceptions set forth in Sections B19-11 through B19-13 of this Chapter.

(Ord. No. NS-624.8, § 2, 6-5-18)

In addition to the definitions of Chapter I of Division A1 of this Ordinance Code, the following definitions shall apply:

(a) County Property means any real property, including any buildings thereon, owned or leased by the County, including property owned by the County that is in the possession of a public or private entity under contract with the County to perform a public purpose. County Property includes, but is not limited to, real property owned or leased by the County in the unincorporated and incorporated portions of Santa Clara County, and the Santa Clara County Fairgrounds located within an unincorporated pocket in the City of San José. County Property does not include any "local public building" as defined in Penal Code § 171b(c) or any successor legislation, where the possession of firearms is regulated pursuant to Penal Code § 171b or any successor legislation. County Property also does not include any public right-of-way owned by the County, including any area across, along, on, over, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, streets, expressways, and ways within Santa Clara County.

(b) Firearm means any gun, pistol, revolver, rifle, or any device that is designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms, BB guns, or air rifles as defined in Government Code § 53071.5 or any successor legislation.

(c) Ammunition means any ammunition as defined in Penal Code § 16150 or any successor legislation.

(d) Sale or Sell means:

(1) Any transaction, with or without the exchange of consideration, which:

i. Transfers ownership, title, possession, or control of a Firearm, or Ammunition, or both; or

ii. Gives, loans, leases, or delivers a Firearm, or Ammunition, or both.

(2) Includes the act of placing an order for any of the aforementioned transactions, except through a federal firearms licensee.

(e) Locked Container means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device as defined in Penal Code § 16850 or any successor legislation. The term Locked Container does not include the utility or glove compartment of a motor vehicle as defined in Penal Code § 16850 or any successor legislation.

(f) Sport Shooting Range or Range means an area designated by the County and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport or law enforcement training purpose as defined in Civil Code § 3482.1(a)(2) or any successor legislation.

(g) Gun Buy Back Event means an event organized, sponsored, or hosted by the County, where persons voluntarily turn in Firearms or Ammunition, or both.

(Ord. No. NS-624.8, § 2, 6-5-18)

(a) It shall be unlawful for any person to bring onto or possess a Firearm, loaded or unloaded, or Ammunition, or both, on County Property. This subsection shall not apply where the possession of Firearms or Ammunition is prohibited by State law.

(b) It shall be unlawful for any person to sell a Firearm, loaded or unloaded, or Ammunition, or both, on County Property. This subsection shall not apply where the sale of Firearms or Ammunition is prohibited by State law.

(c) It shall be unlawful for any person to discharge a Firearm on County Property. This subsection shall not apply where the discharge of a Firearm is prohibited by State law.

(d) Every person who violates subsection (a), (b), or (c) is guilty of a misdemeanor.

(Ord. No. NS-624.8, § 2, 6-5-18)

Subsection B19-10(a) does not apply to the following:

(a) A federal, state, or local law enforcement officer, or person assisting a peace officer, when such person is authorized to carry a concealed weapon or a loaded firearm under State law or under 18 U.S.C. section 926B or section 926C or any successor legislation;

(b) A person holding a valid license to carry a Firearm issued pursuant to Penal Code § 26150 or any successor legislation;

(c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or a uniformed security guard, when such persons are authorized by applicable State or federal law to carry a Firearm and when such persons are engaged in the exercise of their official duties on County Property;

(d) An authorized participant in a motion picture, television, video, dance, or theatrical production, when the participant lawfully uses the Firearm as part of that production, provided that when such Firearm is not in the actual possession of the authorized participant, it is secured to prevent unauthorized use;

(e) A person lawfully transporting Firearms or Ammunition, or both, in a motor vehicle on County roads;

(f) A person lawfully using Firearms or Ammunition, or both, at a Sport Shooting Range operated by the County in accordance with its rules and applicable law; provided, however, that when transiting to or from the designated areas of a Range on County Property, any Firearm must remain unloaded, and that any Firearm or Ammunition, or both, is safely stored in a Locked Container or otherwise secured using a firearm safety device as defined by Penal Code § 16540 or any successor legislation;

(g) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under State law;

(h) An animal control officer when authorized by applicable State or federal law to carry a loaded Firearm and when engaged in the exercise of official duties on County Property;

(i) An active member of the military forces of the State or of the United States when on duty;

(j) A person bringing or transporting an unloaded Firearm or Ammunition onto County Property to exchange, transfer, or relinquish it to law enforcement, in compliance with any County operated, approved, or sponsored program to purchase, exchange, or otherwise obtain voluntary relinquishment of Firearms or Ammunition, or both, from the public, including a Gun Buy Back Event;

(k) A person delivering unloaded Firearms or Ammunition, or both, as authorized by State or federal law, to or from law enforcement or the public guardian/public administrator;

(l) The public guardian/public administrator when the possession is within the course of its duties;

(m) A person lawfully possessing a Firearm or Ammunition, or both, in a place of residence in accordance with all applicable laws and regulations;

(n) A person lawfully possessing an unloaded Firearm or Ammunition, or both, in the locked trunk of, or inside a Locked Container in, a motor vehicle; or

(o) A hunter with a valid California hunting license in the Alviso Marina County Park when going to or returning from a legal hunting expedition outside the Alviso Marina County Park boundaries; provided, however, that when transiting through County Property, any Firearm must remain unloaded, and that any Firearm or Ammunition, or both, is safely stored in a Locked Container or otherwise secured using a firearm safety device as defined by Penal Code § 16540 or any successor legislation.

(Ord. No. NS-624.8, § 2, 6-5-18; Ord. No. NS-624.9, § 1, 10-16-18)

Subsection B19-10(b) does not apply to the following:

(a) The acquisition or sale of a Firearm, or Ammunition, or both, by a federal, state, or local governmental entity, including at a Gun Buy Back Event; or

(b) The lawful sale of Ammunition by the County or its authorized vendor(s) at a Sport Shooting Range, but only so long as the Ammunition is at all times kept within the Range's premises and used on the premises at the time of purchase. Any unused or excess Ammunition that has been sold at the Range must remain at the Range and cannot be taken off the grounds of the Range.

(Ord. No. NS-624.8, § 2, 6-5-18)

Subsection B19-10(c) does not apply to the following:

(a) A person who is lawfully using a County Sport Shooting Range in accordance with its rules and applicable law, but only at those location(s) where discharge of a Firearm is authorized by the rules and regulations of the Range;

(b) A federal, state, or local law enforcement officer, but only when the discharge is for lawful purposes;

(c) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or a uniformed security guard, when such persons are authorized by applicable State or federal law to carry the Firearm and when such persons are engaged in the exercise of their official duties on County Property, but only when the discharge is for lawful purposes;

(d) An animal control officer when authorized by applicable State or federal law to carry a loaded Firearm and when engaged in the exercise of his or her official duties on County Property, but only when the discharge is for lawful purposes;

(e) An active member of the military forces of the State or of the United States when on duty, but only when the discharge is for lawful purposes; or

(f) A person lawfully possessing a Firearm or Ammunition, or both, in a place of residence, but only when the discharge is for lawful purposes.

(Ord. No. NS-624.8, § 2, 6-5-18)

Any violation of this Division is hereby declared a public nuisance and may be abated by the County pursuant to Chapter III of Division A1 of this Code.

(Ord. No. NS-624.8, § 2, 6-5-18)

In addition to the civil remedies and criminal penalties set forth above, any violation of this Division may be subject to administrative remedies, as set forth in Division A37.

(Ord. No. NS-624.8, § 2, 6-5-18)