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TO: Honorable Mayor and City Council Members <br />FROM: Steven R. Meyers, City Attorney <br />Larissa M. Seto, Assistant City Attorney <br />RE: Firearm Regulations <br />DATE: August 15, 1996 <br />PAGE: 2 <br />requirement, and the fact that it prevents unintentional <br />discharges. <br />Lastly, the ordinance exempts guns proivded to customers at a <br />firing range. <br />Questions: Questions were raised about: (a) which guns can use trigger locks; <br />and (b) can the City impose civil liability for the failure to use a <br />trigger lock at a residence or place of business? <br />(a) Trigger locks can be placed on guns which have guards <br />surrounding the trigger. For guns without guards, some other <br />type of safety device would be needed, such as a locking storage <br />box. <br />(b) We have concluded that the City does not have the authority <br />to impose this type of liability. Imposing civil liability for failure <br />to use a trigger lock at a home or business has the effect of <br />regulating the otherwise legal possession of a firearm. The State <br />of California has preempted the field of the regulation of <br />residential and business possession of firearms in Penal Code <br />section 12026. <br />2. and 3. EMPLOYEE BACKGROUND CHECK AND CERTIFICATION. <br />Summary: This ordinance would require the employees of firearms dealers to <br />obtain a certification from the Police Department, which would <br />only be issued following the successful completion of a <br />background check. <br />This ordinance would require an employee to verify that he or she <br />has not been convicted of certain criminal offenses relating to <br />- ijo <br />