CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: January 30, 2013

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1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: January 30, 2013 TO: City Council VIA: FROM: Teresa Arballo Barth, Mayor SUBJECT: Resolution to support federal legislation banning assault weapons and authorize Mayor Barth to join the national organization Mayors Against Illegal Guns. BACKGROUND: The 103 rd Congress of the United States approved the Violent Crime Control and Law Enforcement Act of 1994 that included the ban of sale, transfer, importation, or manufacturing of certain military-style firearms and certain detachable ammunition magazines for civilian use. The law expired in 2004 and Congress did not extend the ban. In light of recent mass murders involving military-style firearms, U.S. Senator Dianne Feinstein plans to re-introduce the assault weapon portion of this legislation during the 113 th Congress which is currently in session. On December 18, 2012 the City of Lemon Grove adopted a resolution supporting the reinstatement of this federal ban. On April 25, 2006, an initial group of 15 mayors, hosted by Boston Mayor Thomas Menino and New York Mayor Michael Bloomberg meet to discuss strategies to stop the flow of illegal guns into America s cities. The mayors drafted and signed a Statement of Principles (Attachment 3). The coalition s bipartisan ranks have grown to more than 725 mayors from more than 40 states. The Statement of Principles has been endorsed by the US Conference of Mayors and the National Conference of Black Mayors. Forty-one California Mayors, including Chula Vista Mayor Cheryl Cox have joined the coalition. Additional information can be found at ANALYSIS: The thrust of Senator Feinstein s proposed legislation is not on firearms in general but on assault weapons, as shown on Attachment 1. Assault weapons are made for offensive purposes in close combat situations, such as in military operations. The bill will ban 120 specifically-named firearms 01/30/2013 Item #04 Page 1

2 that fall into this category, but also lists characteristics for the cases where manufacturers try to work around the ban. Weapons used in recent high-profile mass murders enabled assailants to discharge high numbers of bullets in short timeframes. High-capacity ammunition clips give standard semi-automatic handguns this functionality. Assailant Jared Loughner in the 2011 Tucson attack had a handgun with a 30-round clip, murdering 6 and wounding 13. Due to their size, semi-automatic rifles can hold even larger ammunition clips as well as drums. Assailant James Holmes used a semiautomatic rifle with a 100-round drum during his 2012 attack in Colorado during which 12 were murdered and 58 wounded. Hunting weapons and civilian self-defense weapons do not need these characteristics, and are not banned by this proposed legislation. This legislation will specifically exempt over 900 weapons used for hunting, sporting or self-defense. Mayors Against Illegal Guns recognize that their primary responsibility is public safety. The coalition is dedicated to making America s cities safer by cracking down on illegal guns and irresponsible gun dealers by supporting local, state and federal legislation to address these issues. FISCAL AND STAFF IMPACTS: None. The City does not have any licensed firearm dealers. There is no cost to join Mayors Against Illegal Guns. RECOMMENDATION: City Council adopts the resolution to support federal legislation banning assault weapons and authorize Mayor Barth to join Mayors Against Illegal Guns. ATTACHMENTS: 1. Summary of 2013 Feinstein Assault Weapons Legislation 2. Resolution Supporting the Reinstatement of the Federal Assault Weapons Ban 3. Mayors Against Illegal Guns Statement of Principles 01/30/2013 Item #04 Page 2

3 Summary of 2013 Feinstein Assault Weapons Legislation Bans the sale, transfer, importation, or manufacturing of: Attachment specifically-named firearms Certain other semiautomatic rifles, handguns, shotguns that can accept a detachable magazine and have one military characteristic Semiautomatic rifles and handguns with a fixed magazine that can accept more than 10 rounds Strengthens the 1994 Assault Weapons Ban and various state bans by: Moving from a 2-characteristic test to a 1-characteristic test Eliminating the easy-to-remove bayonet mounts and flash suppressors from the characteristics test Banning firearms with thumbhole stocks and bullet buttons to address attempts to work around prior bans Bans large-capacity ammunition feeding devices capable of accepting more than 10 rounds. Protects legitimate hunters and the rights of existing gun owners by: Grandfathering weapons legally possessed on the date of enactment Exempting over 900 specifically-named weapons used for hunting or sporting purposes and Exempting antique, manually-operated, and permanently disabled weapons Requires that grandfathered weapons be registered under the National Firearms Act, to include: o Background check of owner and any transferee; o Type and serial number of the firearm; o Positive identification, including photograph and fingerprint; o Certification from local law enforcement of identity and that possession would not violate State or local law; and o Dedicated funding for ATF to implement registration 01/30/2013 Item #04 Page 3

4 RESOLUTION ATTACHMENT 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA SUPPORTING THE REINSTATEMENT OF THE FEDERAL ASSAULT WEAPONS BAN; A BAN ON THE SALE, TRANSFER, IMPORTATION, OR MANUFACTURING OF MILITARY-STYLE ASSAULT WEAPONS AND LARGE-CAPACITY AMMUNITION FEEDING DEVICES; AND CALLING ON THE CALIFORNIA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION PROPOSED BY U.S. SENATOR DIANNE FEINSTEIN TO IMPLEMENT THESE MEASURES WHEREAS, in 1994, Congress enacted an assault weapons ban that prohibited the sale of certain semi-automatic weapons in order to reduce levels of violence in the United States; and WHEREAS, in 2004, the assault weapons ban expired by operation of law and, to this date, has not been renewed by Congress; and WHEREAS, since the 2004 expiration of the ban, assault weapons have been used in at least 459 incidents, resulting in 385 deaths and 455 injuries; and, WHEREAS, in recent years random, mass gun violence has made the names of communities such as Tucson, Arizona, Aurora, Colorado, Virginia Tech, and Newtown, Connecticut synonymous with senseless loss of life and severe injuries; and WHEREAS, weapons of war do not belong on our streets, in our theaters, shopping malls and, most of all, our schools; and WHEREAS, U.S. Senator Dianne Feinstein has introduced legislation to reinstate and strengthen the assault weapons ban that she sponsored in 1994 while protecting the rights of legitimate hunters and existing gun owners ; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Encinitas, California that: 1. The City of Encinitas supports Senator Feinstein s assault weapons ban legislation. 2. The City Council authorizes the City Clerk to forward this Resolution to the California Congressional delegation of the 113 th Congress. 3. The City Council hereby authorizes City staff to monitor this Legislation and report back to the City Council at appropriate intervals regarding the progress of this legislation. 4. The California delegation of the 113 th Congress be urged to consider a federal assault weapons ban as the first step in addressing violence in our communities. 01/30/2013 Item #04 Page 4

5 PASSED AND ADOPTED this 30th day of January, AYES: NAYS: ABSTAIN: ABSENT: Teresa Arballo Barth, Mayor City of Encinitas ATTEST: Kathy Hollywood, City Clerk 01/30/2013 Item #04 Page 5

6 STATEMENT OF PRINCIPLES Whereas: 30,000 Americans across the country are killed every year as a result of gun violence, destroying families and communities in big cities and small towns; and Whereas: As Mayors, we are duty-bound to do everything in our power to protect our residents, especially our children, from harm and there is no greater threat to public safety than the threat of illegal guns; Now, therefore, we resolve to work together to find innovative new ways to advance the following principles: o Punish to the maximum extent of the law criminals who possess, use, and traffic in illegal guns. o Target and hold accountable irresponsible gun dealers who break the law by knowingly selling guns to straw purchasers. o Oppose all federal efforts to restrict cities right to access, use, and share trace data that is so essential to effective enforcement, or to interfere with the ability of the Bureau of Alcohol, Tobacco, and Firearms to combat illegal gun trafficking. o Keep lethal, military-style weapons and high capacity ammunition magazines off our streets. o Work to develop and use technologies that aid in the detection and tracing of illegal guns. o Support all local, state, and federal legislation that targets illegal guns; coordinate legislative, enforcement, and litigation strategies; and share information and best practices. o Invite other cities to join us in this new national effort. (Signature) (Date) (Mayor s Name please print) (Mayor s Office Address) (Mayor s Telephone) (Staff Contact Name) (Staff Position) (Mayoral Term -- MM/YYYY to MM/YYYY) (City, State, Zip) (Mayor s Address) (Staff Member s Telephone) (Staff ) (Elected as e.g. Rep., Dem., non-partisan, independent) To join Mayors Against Illegal Guns, please fill in the information above and return this form to the coalition via fax at Alternatively, you can a PDF of the signed statement to statement@mayorsagainstillegalguns.org. 01/30/2013 Item #04 Page 6

TITLE XI--FIREARMS Subtitle A--Assault Weapons. Legal Issues

TITLE XI--FIREARMS Subtitle A--Assault Weapons Sections 110101 & 110102 (pages 201-203) only Text in red is that included in the lead and in the first section of the Wikipedia assault weapons ban article