header
  
 
 
 
 
  UPCOMING EVENTS  
 

 

  
 

 

 

  
     
     
     
     
     
  To support this effort, contact us at info@sv4sgm.org.  


 
 
newtown
Local Action: Gun Safety in Sunnyvale

Sunnyvale has a proud history of promoting gun safety. In November 2013, less than one year after the Sandy Hook Elementary School shooting, Sunnyvale voters approved Measure C with 66% of the vote. Measure C limited ammunition magazines to 10 rounds, required firearms to be locked up and lost or stolen firearms to be reported.

Measure C was used as a model for a statewide ballot measure in 2016 - Proposition 63 that outlawed large ammunition magazines, mandated background checks for those who buy bullets, levied fines for failing to report when guns are stolen or lost and created a process for taking guns away from people convicted of a felony.


Sunnyvale Gun Safety Actions in 2023

In January of 2022, the City of San Jose passed the Gun Harm Reduction Ordinance. It included a provision that requires firearm owners to obtain and continuously maintain a homeowner’s, renter’s or gun liability insurance policy that specifically covers losses or damages resulting from accidental use of the firearm, including but not limited to death, injury, or property damage. 

The ordinance was challenged by pro-gun groups, but on July 13, 2023, Federal Judge Beth Freeman of the United States District Court for the Northern District of California ruled in the City’s favor and issued a decision upholding the insurance requirement of the City of San José’s Gun Harm Reduction Ordinance. 

Following the validation of the San Jose ordinance, SV4SGM asked the City of Sunnyvale to agendize a discussion of a similar gun liability insurance requirement in Sunnyvale. Note that the San Jose ordinance also included a requirement that all San José residents who own or possess a firearm in the City to pay an annual fee to support gun violence-reduction programs. SV4SGM IS NOT ASKING THE CITY OF SUNNYVALE TO ENACT THIS FEE!

Some key points:

  • San Jose passed this resolution and the court has validated it. We are not asking for something brand new.  We can use the wording of the insurance portion of San Jose’s resolution, which has been vetted by many legal experts.
  • There are real financial risks to our community without this, from someone who has a gun but no insurance. Use the example of car insurance.
  • This is of value to Public Safety as a replacement for the limitations of the Bruen decision by the Supreme Court, as open carry is now unregulated.
  • There is no fiscal impact to the city or to Public Safety from this proposed ordinance.

 
Sunnyvale Gun Safety Actions in 2022

Following almost daily mass shootings in 2022 including the racist shooting in Buffalo, New York, which killed 10 people and the horrific school shooting in Uvalde, Texas that killed 19 children and 2 teachers, many Sunnyvale residents were asking, "What can we do locally to help prevent more gun violence?"

It is clear that little or nothing will be done at a national level to address gun violence. However, state and local jurisdictions can act.

On August 30th, the Sunnyvale City Council held a special study session to look at possible actions the City can take to address gun safety.

SV4SGM proposed the following four measures:

1. Universal Background Checks for gun buyers in Sunnyvale must be completed and
clearance approval provided prior to delivery of the firearm.

2. Assault weapons (example: AR-15 style semi-automatic rifle) will not be allowed in
the City of Sunnyvale. Owners of these style guns must store them outside of Sunnyvale
City limits.

3. Firearm possession (including concealed carry) will be illegal:
   a. In Sensitive places including: K-12 schools, child-care facilities, colleges, trade-
schools, universities, government buildings, public protest venues, healthcare
facilities, shelters, places of worship, libraries, playgrounds, parks, bars,
theatres/performance venues, stadiums, museums, and polling places.
  b. For people to take into a business or workplace unless owners or proprietors put
up signs saying guns are allowed on these premises.

4.  No one shall sell to a person residing in Sunnyvale under the age of 21 a long gun
or hand gun for private use. Long guns and hand guns shall not be loaned or given as
gifts to persons under age of 21 residing in the city of Sunnyvale.

At the November 2, 2023 City Council meeting the Office of the City Attorney presented a follow-up to the August Study Session. Key topics:

1. An analysis of Gun Owners Liability Insurance benefits and alternatives.

2. Sensitive Places: Supreme Court case, New York Rifle & Pistol Association v. Bruen, says guns can be restricted in“sensitive places.” Discussion of alternatives for a Sunnyvale City Ordinance to define "sensitive places".

3. Background checks in California. Federal law requires 3 days for a background check. If the check is not completed in three days, the buyer can purchase the gun. In California the period is 10 days, but, again, if the check is not completed, the buyer can purchase the gun. Alternatives for potential regulations were discussed.

Other Actions

The Giffords Law Center has released a report, "Communities on the Move - Local Gun Safety Legislation in California" that lists legislation passed by local communities in California. This report provides a blueprint for new legislation that could save lives in Sunnyvale.

These laws have been vetted by the Law Center and enacted by local city councils.

In addition to preventing gun violence locally, these laws create a model for local communities nationwide.

From the Law Center report:

Sunnyvale does NOT have the following laws regulating gun dealers:

Special Permit Required to be a Firearm Dealer

Both federal and California law impose minimal requirements for firearm dealers to obtain state and federal licenses. Local oversight of gun dealers remains important to ensure that dealers are following local, state, and federal laws, and operating responsibly and safely. Local jurisdictions can ensure that law enforcement is aware of and monitoring the operation of gun dealers in a community by requiring dealers to get a local license in addition to state and federal licenses. 104 jurisdictions require firearm dealers to obtain a local license or permit in order to operate.


Sunnyvale does NOT have:

Additional Site Security and Safe Storage

California imposes modest requirements on gun dealers to keep their inventory safe from theft when the business is closed. Unfortunately, these requirements do not go far enough and perpetrators have begun using a method called “smash and grab”—when an assailant drives his or her car into the dealer—to steal guns from dealers, even those that are in compliance with California law. Local jurisdictions can do more to prevent gun thefts by requiring dealers to secure their inventory in ways that go above and beyond state law. 35 jurisdictions require firearm dealers to meet standards for site security and safe storage of inventory that are more rigorous than what is required by California Penal Code §26890 and §17110.

Sunnyvale does NOT have:

Additional Site Security and Safe Storage

California imposes modest requirements on gun dealers to keep their inventory safe from theft when the business is closed. Unfortunately, these requirements do not go far enough and perpetrators have begun using a method called “smash and grab”—when an assailant drives his or her car into the dealer—to steal guns from dealers, even those that are in compliance with California law. Local jurisdictions can do more to prevent gun thefts by requiring dealers to secure their inventory in ways that go above and beyond state law. 35 jurisdictions require firearm dealers to meet standards for site security and safe storage of inventory that are more rigorous than what is required by California Penal Code §26890 and §17110.

Sunnyvale does NOT have an ordinance:

Requiring Firearm Dealers to Carry Liability insurance

While federal law provides the gun industry with sweeping and unprecedented immunity from civil lawsuits, there are still ways in which individuals who have been harmed by a gun dealer’s practices can obtain compensation. 34 jurisdictions require firearm dealers to carry liability insurance, typically with a minimum coverage of $1 million.

Sunnyvale does NOT prohibit:

Home Occupation

Neither federal nor California law prohibit gun dealers from operating out of residential homes, allowing unscrupulous gun dealers to evade detection and possibly bringing criminals and illegal activity into residential neighborhoods. 79 jurisdictions either prevent firearm dealers from being located in residential areas or prohibit firearm sales as a “home occupation” (i.e., a home business).

Sunnyvale does NOT have an ordinance:

Keeping Dealers away from “Sensitive Areas”

Laws that zone certain types of businesses, such as gun dealers, away from areas where children and families frequent or where dangerous behavior is more likely to occur is best left to local jurisdictions. These laws help ensure that criminal activity associated with firearm dealers does not take place near areas where there are a high concentration of children, and that exposure to guns is left to the discretion of parents. 28 jurisdictions prohibit firearm dealers from operating within certain distances of “sensitive areas,” such as schools, day care centers, bars, and parks.

Sunnyvale has NO ordinance:

Requiring Dealers to Report Their Inventory

Requiring gun dealers to regularly report their inventory to law enforcement helps law enforcement solve crimes, and deters dealers from trafficking firearms. The following nine jurisdictions require firearm dealers to periodically report their inventory to law enforcement.

NOR ordinances:

Requiring Dealers to Videotape Sales

Videotaping gun sales provides law enforcement with the evidence they need to solve certain gun crimes such as straw purchases and robberies. Videotaping sales also deters illegal activity at gun stores. Laws requiring videotaping are popular with the public and Walmart, the nation’s largest gun seller, began voluntarily videotaping gun sales in 2008. The following eight jurisdictions require firearm dealers to have a camera system in place that videotapes all firearm sales.

OR

Requiring Dealers to Post Additional Notices

Requiring gun dealers to post notices about local laws, warnings about the dangers of keeping guns in the home, or information about suicide prevention helps ensure gun purchasers have necessary information to make informed choices and provides resources to a person in crisis. The following ten jurisdictions require firearm dealers post additional notices and warnings in addition to what is required by state law.

NOR

Prohibiting Unaccompanied Minors and Prohibited Persons from Entering Gun Stores

Individuals under age 21 and many categories of criminals and other dangerous people are prohibited from purchasing guns in California. Laws prohibiting these individuals from entering gun stores allow parents greater control over their children’s exposure to guns and ensures that guns are not accessible to people who are prohibited from having them. 12 jurisdictions require firearm dealers to deny entrance to unaccompanied minors and other people who are prohibited from owning a gun.

Why doesn't Sunnyvale have laws:

Regulating or Prohibiting possession of Firearms and/or Ammunition on Public Property

Laws prohibiting firearms on government property serve to keep guns out of spaces where the freedom of expression is particularly important, like polling places; near schools and other areas children frequent; and near places where disagreements are likely, such as courthouses. 143 jurisdictions regulate or prohibit the possession of firearms and/or ammunition on certain types of public property, such as in parks, recreation areas, and municipal buildings.

OR

Prohibiting Guns at Protests or Demonstrations

Perceptions of safety are important to encouraging civic engagement and participation. The presence of firearms at gatherings where free expression is taking place is likely to intimidate some participants and chill speech. The presence of concealed firearms in large crowds or where tensions run high also presents public safety risks associated with the accidental or intentional discharge of a gun. The following jurisdictions have prohibited the carrying of guns at protests or demonstrations.

 

 
 
Former Sunnyvale Mayor and current City Council member
Tony Spitaleri
Mayor Tony Spitaleri
 

"Every gun tragedy saddens us, but Newtown made me angry. We can no longer keep believing that nothing can or should be done. As an elected representative, I want to bring my energy to bear on our community’s safety. I’m proposing a package of sensible local gun safety measures, and together, we can bring these to pass."