News

Dublin City Council passes new gun storage law

Gun owners must lock their firearms inside a container or use a trigger lock

Gun owners in Dublin will soon be required to store their firearms inside a locked container or keep it disabled with a trigger lock while inside their home after the City Council unanimously approved the new ordinance at its meeting last week.

California already has similar laws in effect for guns in households with children living there, or that require a gun owner to store their guns from a household member who is prohibited from having guns.

"What we're doing in this case is just expanding that definition beyond those two scenarios -- children in the home or criminal record -- and applying it to all households," City Manager Linda Smith during a presentation at the Dec. 1 meeting.

Added to the Dublin Municipal Code, the ordinance known as Chapter 5.89 to Title 5, states, "No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock."

Two exceptions were added: when the firearm is lawfully carried on an individual, or when it is under the control of a peace officer.

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Councilmember Shawn Kumagai said the ordinance "will state clearly to our community that we embrace a culture of gun safety" and "safe gun storage helps to prevent unintentional and intentional injury and death of minors, helps prevent gun suicide, and deters gun theft."

A staff report stated "the unsafe storage of firearms threatens public health and safety," and that 54% of gun owners in the U.S. don't lock away all of their guns. This year, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally. Seven of those were in California, resulting in two deaths and five injuries.

Another study cited in 2010 found that more than 80% of children ages 18 and younger who died by gun suicide used a gun owned by a family member.

A total of 22 cities statewide have enacted their own ordinances similar to the one in Dublin, including Oakland, Berkeley, Moraga and Sunnyvale.

"It's not about taking gun rights away from people at all whatsoever, it's about educating, it's about making sure that we do our part, and have an awareness out there," said Councilmember Melissa Hernandez, who is now the city's mayor-elect.

Hernandez said she supported "not only just saying it but actually doing something," and suggested the city could provide their own trigger locks for residents, as well as looking into various sources of grant funding for public firearms safety awareness.

Before voting for the ordinance, Councilmember Arun Goel called the issue of gun safety "near and dear to my heart."

Goel explained that someone who was like a son to him died by suicide with a gun, and said education is needed but "part of what I've always been about is, when we take an action of such a nature, it should be for the fundamentally correct things, not just for stipulation of trying to do something perfunctory or lip service."

"Systematically I agree with it, and so I'm kind of in a little bit of a confusion standpoint," Goel said. "We can agree on safety but in the reality, how much of these are issues from lawful gun owners vs. unlawful gun owners."

Goel concluded: "I'm just saying that as council members, we should be able to defend our action and why we took it from the fundamentally correct reasons happening within our boundary or something we're deliberately taking action to prevent."

The ordinance goes into effect 30 days from its adoption.

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Dublin City Council passes new gun storage law

Gun owners must lock their firearms inside a container or use a trigger lock

by / Pleasanton Weekly

Uploaded: Sun, Dec 6, 2020, 12:42 pm
Updated: Tue, Dec 8, 2020, 8:40 am

Gun owners in Dublin will soon be required to store their firearms inside a locked container or keep it disabled with a trigger lock while inside their home after the City Council unanimously approved the new ordinance at its meeting last week.

California already has similar laws in effect for guns in households with children living there, or that require a gun owner to store their guns from a household member who is prohibited from having guns.

"What we're doing in this case is just expanding that definition beyond those two scenarios -- children in the home or criminal record -- and applying it to all households," City Manager Linda Smith during a presentation at the Dec. 1 meeting.

Added to the Dublin Municipal Code, the ordinance known as Chapter 5.89 to Title 5, states, "No person shall keep a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock."

Two exceptions were added: when the firearm is lawfully carried on an individual, or when it is under the control of a peace officer.

Councilmember Shawn Kumagai said the ordinance "will state clearly to our community that we embrace a culture of gun safety" and "safe gun storage helps to prevent unintentional and intentional injury and death of minors, helps prevent gun suicide, and deters gun theft."

A staff report stated "the unsafe storage of firearms threatens public health and safety," and that 54% of gun owners in the U.S. don't lock away all of their guns. This year, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally. Seven of those were in California, resulting in two deaths and five injuries.

Another study cited in 2010 found that more than 80% of children ages 18 and younger who died by gun suicide used a gun owned by a family member.

A total of 22 cities statewide have enacted their own ordinances similar to the one in Dublin, including Oakland, Berkeley, Moraga and Sunnyvale.

"It's not about taking gun rights away from people at all whatsoever, it's about educating, it's about making sure that we do our part, and have an awareness out there," said Councilmember Melissa Hernandez, who is now the city's mayor-elect.

Hernandez said she supported "not only just saying it but actually doing something," and suggested the city could provide their own trigger locks for residents, as well as looking into various sources of grant funding for public firearms safety awareness.

Before voting for the ordinance, Councilmember Arun Goel called the issue of gun safety "near and dear to my heart."

Goel explained that someone who was like a son to him died by suicide with a gun, and said education is needed but "part of what I've always been about is, when we take an action of such a nature, it should be for the fundamentally correct things, not just for stipulation of trying to do something perfunctory or lip service."

"Systematically I agree with it, and so I'm kind of in a little bit of a confusion standpoint," Goel said. "We can agree on safety but in the reality, how much of these are issues from lawful gun owners vs. unlawful gun owners."

Goel concluded: "I'm just saying that as council members, we should be able to defend our action and why we took it from the fundamentally correct reasons happening within our boundary or something we're deliberately taking action to prevent."

The ordinance goes into effect 30 days from its adoption.

Comments

MichaelB
Registered user
Pleasanton Meadows
on Dec 6, 2020 at 3:21 pm
MichaelB, Pleasanton Meadows
Registered user
on Dec 6, 2020 at 3:21 pm

"A staff report stated "the unsafe storage of firearms threatens public health and safety," and that 54% of gun owners in the U.S. don't lock away all of their guns. This year, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally. Seven of those were in California, resulting in two deaths and five injuries."

The "gun safety" movement is grasping at straws and looking for yet another excuse to pass more regulations (in a state with some of the strictest already on the books) on those doing nothing wrong..again.

There is NO "threat to public health and safety" if only 236 unintentional shootings by children occurred in a nation (and only 7 in the state) over the past year with a population of over 300 million that has widespread firearms possession. The "staff report" should have been more concerned about educating people about stopping criminals (who do not lock up their guns) shooting and killing people on the streets of our cities vs. your neighbor not having a trigger lock.


James Michael
Registered user
Val Vista
on Dec 6, 2020 at 4:37 pm
James Michael, Val Vista
Registered user
on Dec 6, 2020 at 4:37 pm

Lotsa luck enforcing that one, Dublin.


Grumpy
Registered user
Vineyard Avenue
on Dec 6, 2020 at 9:13 pm
Grumpy, Vineyard Avenue
Registered user
on Dec 6, 2020 at 9:13 pm

The “criminals don’t lock their guns” argument is irrelevant. Criminals also run red lights, but that doesn’t mean everybody should join them.

That being said, Dublin will probably want to not be the city who has the test case the US Supreme Court uses to throw out all regulation of gun ownership in the home. The city might want to reconsider this move.


Craig
Registered user
Val Vista
on Dec 7, 2020 at 11:05 am
Craig, Val Vista
Registered user
on Dec 7, 2020 at 11:05 am

I don't completely understand this law. If a person has a loaded pistol, unlocked and ready to fire, next to them in the bedroom, is that illegal in Dublin?
"This year, there have been at least 236 unintentional shootings by children, resulting in 102 deaths and 141 injuries nationally" Instead of another law they should put the people who's unlocked guns led to these deaths in prison for a 5 year minimum sentence. Very harsh I know, but people will learn quickly from that


Barry Hirsh
Registered user
another community
on Dec 7, 2020 at 12:01 pm
Barry Hirsh, another community
Registered user
on Dec 7, 2020 at 12:01 pm

The Supreme Court ruled in D.C. v. Heller (2008) that laws requiring firearms to be unloaded and locked up, or otherwise disabled in the home and unavailable for immediate use for the core purpose of self-defense, are unconstitutional.

“Held:

“3) …the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.” – D.C. v. Heller (2008)

Dicta:

“[A] statute which, under the pretense of regulating, amounts to a destruction of the right, or which requires arms to be so borne as to render them wholly useless for the purpose of defense [is] clearly unconstitutional.”


MichaelB
Registered user
Pleasanton Meadows
on Dec 8, 2020 at 7:13 am
MichaelB, Pleasanton Meadows
Registered user
on Dec 8, 2020 at 7:13 am

"The “criminals don’t lock their guns” argument is irrelevant. Criminals also run red lights, but that doesn’t mean everybody should join them. "


It's relevant because our elected officials are ignoring the obvious problem with guns and instead are blaming/shaming those who have nothing to do with it. The so called "safety" claims were the same ones used to run all of the firearms vendors out of business in Pleasanton in the late 1990s.


MichaelB
Registered user
Pleasanton Meadows
on Dec 8, 2020 at 7:43 am
MichaelB, Pleasanton Meadows
Registered user
on Dec 8, 2020 at 7:43 am

"It's not about taking gun rights away from people at all whatsoever, it's about educating, it's about making sure that we do our part, and have an awareness out there," said Councilmember Melissa Hernandez, who is now the city's mayor-elect.

Yes, it is.

People are not allowed to make safety decisions based on their own circumstances/needs. If you restrict or force people to lock something up all the time in their own home then it becomes useless when needed. Some of us have already figured out what "awareness", "educating", and "doing our part" means in plain English - rationalizing deliberate acts of violence involving guns and then restricting the legal ownership process until it becomes out of reach for most people.


Henry
Registered user
another community
on Dec 9, 2020 at 12:03 pm
Henry, another community
Registered user
on Dec 9, 2020 at 12:03 pm

I think it's extremely brave of the Dublin city council members to hang themselves out as attractive targets for local home invaders, abductors, and the like. Out of all the potential victims in town, obviously the council members themselves can be depended upon not to disobey their very own mandate.

By the way, council members, please remember to unload your guns completely before applying a trigger lock. It says so right on the lock -- "not to be used on a loaded gun."

Because safety uber alles!


MikeD
Registered user
Another Pleasanton neighborhood
on Dec 9, 2020 at 4:00 pm
MikeD, Another Pleasanton neighborhood
Registered user
on Dec 9, 2020 at 4:00 pm

Dublin should have prevented the mass construction of multi-family units. In a few years, guns in the home will be the least of Dublin's concerns.


Peter Cottontail
Registered user
Danbury Park
on Dec 9, 2020 at 5:34 pm
Peter Cottontail, Danbury Park
Registered user
on Dec 9, 2020 at 5:34 pm

[Post removed due to disrespectful comment or offensive language]


Peter Cottontail
Registered user
Danbury Park
on Dec 9, 2020 at 5:34 pm
Peter Cottontail, Danbury Park
Registered user
on Dec 9, 2020 at 5:34 pm

[Post removed due to disrespectful comment or offensive language]


Joe Theguy
Registered user
Del Prado
on Dec 17, 2020 at 7:30 pm
Joe Theguy, Del Prado
Registered user
on Dec 17, 2020 at 7:30 pm

"Nothing is more destructive of respect for the government or the law of the land than passing laws which cannot be enforced"
Albert Einstein


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