ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

* * * * * *

AN ORDINANCE ADDING CHAPTER 3.55 TO TITLE 3 OF THE SAN MATEO COUNTY ORDINANCE CODE, REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Chapter 3.55 is hereby added to Title 3 (Public Safety, Morals and Welfare) of the San Mateo County Ordinance Code, to read as follows:

CHAPTER 3.55 REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS

3.55.010 Purpose.

The San Mateo County Board of Supervisors adopts this ordinance in light of the following findings:

A.

In 2006, 3,253 people died from firearm-related injuries in California and 4,305 other people were treated for non-fatal gunshot wounds; and

B.

Federal law (18 U.S.C. section 923 [g] [6]) and California law (Penal Code sections 12071 [b] [13] and 12086 [c] [3]) generally require licensed firearms dealers to report the loss or theft of firearms to law enforcement within 48 hours; and

C.

When a gun that was used in the commission of a crime is traced by law enforcement to the last purchaser of record, the owner may falsely claim that the gun was lost or stolen to hide his or her involvement in the crime or in gun trafficking; and reporting laws provide a tool for law enforcement to detect this behavior and to charge criminals who engage in it; and

D.

When a person who legally owned a gun falls into a prohibited category, it is crucial that law enforcement remove the firearm from his or her possession; and reporting laws help disarm prohibited persons by deterring them from falsely claiming that their firearms were lost or stolen; and

E.

Existing reporting laws, like California’s requirements that firearms dealers report the lost or theft of firearms and that motorists report serious automobile accidents to the Department of Motor Vehicles, demonstrate that reporting laws are not unduly burdensome; moreover, the highly lethal nature of firearms justifies an increased level of responsibility over that required for ownership of other, less dangerous products, and reporting laws protect gun owners from unwarranted criminal accusations when their guns are recovered at a crime scene, and make it easier for law enforcement to locate a lost or stolen firearm and return it to its lawful owner; and

F.

The extreme danger firearms pose to public safety requires a heightened level of accountability on the part of individuals who choose to own firearms; and reporting laws make gun owners more accountable for their weapons; and

G.

Neither federal nor California law contains any requirement that firearm owners report lost or stolen firearms; and

H.

Several states, several major cities across the nation, and several local governments in California already require the reporting of lost or stolen firearms; and

I.

A December 2008 report by Mayors Against Illegal Guns (a coalition of over 300 mayors that targets illegal guns nationwide) states that lost or stolen firearm reporting laws “can help law enforcement more easily identify and prosecute gun traffickers.” The report presents data showing that states that require the reporting of lost or stolen firearms export crime guns to other states at less than one-third the rate of states that do not have lost or stolen reporting laws; and

J.

In a 2007 report, The International Association of Chiefs of Police states, “law enforcement’s early awareness of every lost and stolen gun will enhance their ability to recover those guns and reduce gun violence,” and the report recommends that state and local governments mandate reporting of lost or stolen firearms; and

K.

A 2008 survey of Americans’ attitudes toward gun violence prevention measures found almost unanimous support for requiring the reporting of lost or stolen guns.

3.55.020 Reporting of Loss or Theft of Firearm.

a)

It is unlawful for any person to fail to report to the Sheriff’s Office the theft or loss of a firearm he or she owns or possesses within forty eight (48) hours of the time he or she knew or reasonably should have known that the firearm has been stolen or lost, if the person resides in an unincorporated area of the County, or if the loss or theft occurs in the unincorporated area of the County.

b)

Pursuant to Penal Code section 11108, the Sheriff shall submit a description of each firearm which has been reported lost or stolen directly into the California Department of Justice automated property system for firearms.

3.55.030 Exceptions.

Section 3.55.020 shall not apply to the following persons:

a)

Law enforcement officials while engaged in their official duties;

b)

Members of the Armed Forces of the United States or the National Guard while engaged in their official duties;

c)

Firearms dealers and manufacturers licensed under federal and state law while engaged in the course and scope of their activities as licensees.

3.55.040 Penalty.

a)

Any person violating section 3.55.020 is guilty of a misdemeanor;

b)

Any person who reports to any law enforcement officer, pursuant to section 3.55.020 of this ordinance, that a firearm has been lost or stolen, knowing the report to be false, is guilty of a misdemeanor.

3.55.050 Severability

If any section, subsection, sentence or clause of this Chapter is for any reason declared unconstitutional or invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or the enforceability of the remaining portions of this chapter or any part thereof. The County Board of Supervisors hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity or unenforceability of any one or more of its sections, subsections, sentences or clauses.

SECTION 2. This Ordinance shall be effective thirty (30) days from the passage date thereof.

* * * * * * * *