HomeMy WebLinkAboutStaff Report 2301-076610.Adopt Emergency (4/5ths vote required) and Standard Ordinances Prohibiting
Possession of Firearms in Sensitive Places Recognized by the Supreme Court; Potential
Direction to Staff to Develop an Ordinance Further Expanding the List of Sensitive
Places; CEQA Status – Exempt Under CEQA Guidelines Section 15061(b)(3).
Item No. 10. Staff Report Page 1 of 4
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CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager; City Attorney
Meeting Date: March 6, 2023
Report #: 2301-0766
TITLE
Adopt Emergency (4/5ths vote required) and Standard Ordinances Prohibiting Possession of
Firearms in Sensitive Places Recognized by the Supreme Court; Potential Direction to Staff to
Develop an Ordinance Further Expanding the List of Sensitive Places; CEQA Status – Exempt
Under CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends that Council:
•Adopt a determination that this project is exempt under CEQA Guidelines section
15061(b)(3).
•Adopt emergency (4/5ths vote required) and standard ordinances prohibiting the
carrying of firearms in sensitive places recognized by the Supreme Court.
•If Council is interested in further limiting the locations where firearms can be carried,
direct staff to develop an ordinance expanding the list of sensitive places. Staff
recommends that Council designate an ad hoc Council committee to work confidentially
with staff to evaluate legal risks and options and make a recommendation to Council on
an expanded list of sensitive places.
EXECUTIVE SUMMARY
In response to the U.S. Supreme Court’s recent decision in New York State Rifle & Pistol
Association v. Bruen, staff recommends that Council adopt emergency and standard ordinances
that would ban the carrying of firearms in an initial round of “sensitive places” where the
Supreme Court has deemed such bans presumptively lawful.
Developing an expanded list of sensitive places will require monitoring developing caselaw and
weighing legal risk and policy goals. Staff recommends that Council designate an ad hoc Council
committee to work with staff to develop a recommendation to Council on an expanded list of
sensitive places.
Item No. 10. Staff Report Page 2 of 4
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BACKGROUND
On June 23, 2022, the U.S. Supreme Court decided the case of New York State Rifle & Pistol
Association v. Bruen (“Bruen”), in which the Court held unconstitutional the State of New York’s
law requiring applicants to show “proper cause” to obtain a license to carry a concealed
weapon. The Court held that requiring applicants to demonstrate a special need for self-
protection distinguishable from that of the general community violated the applicants’ Second
and Fourteenth Amendment rights.
Bruen also established a new test for evaluating legal challenges under the Second
Amendment: if a law regulates conduct covered by the “plain text” of the Second Amendment,
the law will be upheld only if the government demonstrates that it is “consistent with the
Nation’s historical tradition of firearm regulation.” However, the Bruen Court also reaffirmed
that certain locations are “‘sensitive places’ where arms carrying could be prohibited consistent
with the Second Amendment.”
In California, Bruen rendered unconstitutional and unenforceable California’s “good cause”
requirement for obtaining a permit to carry firearms outside the home, which are set forth in
California Penal Code sections 26150(a)(2) and 26155(a)(2). As a result, permitting agencies
(police chiefs and county sheriffs) may no longer require a showing of “good cause” to obtain a
concealed carry permit.1 Historically, the “good cause” requirement likely constrained the
number of permit applications that were granted in California. While procedural requirements
(such as a background check and safety training) remain, the elimination of the “good cause”
requirement makes it easier to obtain a permit to carry a firearm outside the home and will
likely increase the number of permits that are granted. It is foreseeable that firearms may be
present in greater numbers in public and private spaces in California.
Prior to Bruen, California state law limited carrying of firearms in a variety of places, but in most
locations made an exception that allowed firearms with a valid carry permit. In response to
Bruen, legislation was introduced in California that would, among other things, prohibit the
knowing possession of firearms in an expansive list of sensitive locations, even with a valid
permit. The 2022 bill, SB 918, included an urgency clause, which triggered a supermajority
requirement. It failed by one vote on the last day of the 2022 legislative session. The bill,
renamed SB 2, has been reintroduced for consideration in the 2023 legislative session. If it
passes this session, it could do so either as an urgency statue (which would still take several
months), or as a regular bill (which would go into effect January 1, 2024).
A uniform statewide rule would make it easier for the public to know what to expect in public
and private spaces, and for responsible law-abiding residents who carry firearms to understand
1 In response to the Supreme Court’s holding that “good cause” may no longer be required, the police chiefs and
city attorneys of Santa Clara County worked together to develop a model policy that expanded and clarified the
remaining elements of California’s firearms permit process. Chief Binder has adopted the revised permit policy for
use in Palo Alto.
Item No. 10. Staff Report Page 3 of 4
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and comply with the law. But at this time, in the absence of state or local legislation prohibiting
firearms in specified sensitive locations, the carrying of firearms with a valid permit is lawful in
most public and private places in California. Accordingly, several cities in Santa Clara County are
considering whether to adopt local ordinances to prohibit the carrying of firearms in sensitive
places. In December 2022, Sunnyvale adopted an ordinance prohibiting the carrying of firearms
in sensitive places including government property, public transit, and places of worship.
Mountain View has had an ordinance prohibiting possession of firearms on city property since
April of 2021, and the City Council expressed support for a sensitive places ordinance at a study
session in October. Mountain View staff is expected to propose an ordinance in early 2023.
In response to the Bruen decision, the State of New York adopted a new firearms law that
included an expansive list of sensitive places in which firearms were banned, including public
transit, parks, shelters, and places of worship. In Antonyuk v. Hochul, (No. 22-cv-986), the
district court for the Northern District of New York enjoined the State from enforcing its
firearms ban in many of the sensitive places enumerated in the statute, reasoning that under
Bruen the state had stretched the sensitive places doctrine too far. That case is currently on
appeal before the Second Circuit, which has stayed the district court’s injunction during the
appeal. Elsewhere in the country, litigation that will clarify the bounds of the “sensitive places”
doctrine is ongoing, and the relevant caselaw is developing rapidly. In California, litigation is
pending against the City of Glendale challenging its local ordinance prohibiting firearms on City
property, and opponents of SB 2 have stated an intention to challenge that law, if enacted.
Attachment C includes a table listing the sensitive places included in New York’s statute, how
each fared before the district court, and the corresponding provisions in SB 2 and the Sunnyvale
ordinance.
ANALYSIS
The proposed ordinances would prohibit the carrying of firearms in certain “sensitive places”
that have been explicitly authorized by the Supreme Court. The Supreme Court expressed in
District of Columbia v. Heller, and reaffirmed in McDonald v. City of Chicago, that “laws
forbidding the carrying of firearms in sensitive places such as schools and government
buildings” are “presumptively lawful.” In Bruen, the Court named “legislative assemblies,
polling places, and courthouses” as examples of “sensitive places” where weapons could be
prohibited consistent with the Second Amendment. The proposed ordinances would cover
those places as a first step.
Approval of the emergency ordinance requires four-fifths of the Council members present for
passage. If Council supports staff’s recommendation to ban the carrying of firearms in certain
sensitive places, it may adopt the emergency and standard ordinances. If adopted, the
emergency ordinance would be effective immediately and remain in place for 60 days, and the
standard ordinance would take effect on the 31st day after adoption on second reading.
Item No. 10. Staff Report Page 4 of 4
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If Council wishes to expand the list of sensitive places where firearms are prohibited, staff
recommends that Council designate a short-term ad hoc committee to work with staff to
evaluate and balance legal risk and policy goals in a confidential forum. Staff and the ad hoc
committee would return to Council with a recommendation on an ordinance that potentially
expands the locations where firearms are prohibited. We anticipate that this ad hoc
committee’s work would require several meetings and be completed within ninety days.
RESOURCE IMPACT
There are no significant resource impacts associated with this action beyond budgeted staffing
levels.
STAKEHOLDER ENGAGEMENT
Staff has reached out to the Superintendent of Palo Alto Unified School District regarding the
prohibition on firearms in schools and the Palo Alto Police Department regarding revising the
bail schedule to reflect the new ordinances. In developing a follow-up ordinance, staff will
conduct appropriate and feasible stakeholder engagement.
ENVIRONMENTAL REVIEW
Adoption of the attached ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with certainty
that there is no possibility of a significant adverse impact on the environment.
ATTACHMENTS
Attachment A: Emergency Ordinance of the Council of the City of Palo Alto Prohibiting the
Carrying of Firearms in Sensitive Places
Attachment B: Ordinance of the Council of the City of Palo Alto Prohibiting the Carry of
Firearms in Sensitive Places
Attachment C: Firearms in Sensitive Places Table
APPROVED BY:
Ed Shikada, City Manager
Attachment A
*NOT YET APPROVED*
0001_20230119_ms29 1
Ordinance No. ____
Emergency Ordinance of the Council of the City of Palo Alto Prohibiting the
Carry of Firearms in Sensitive Places
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City of Palo Alto has a compelling interest in protecting and the health and safety
of the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and
unacceptable proportions at the national, state, and local level, as described in a
report by the Santa Clara County Department of Public Health, “Cost of Gun Violence
in Santa Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm
death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate
in the past decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org),
California experienced 369 mass shootings (defined as an incident that kills or injures
four or more people) between 2014 and January 2023. In Santa Clara County, mass
shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10
dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead
including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in
Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4
wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon
to demonstrate “good cause” for the issuance of the license. The United States
Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S.
Ct. 2111, that such “good cause” requirements are unconstitutional under the Second
and Fourteenth Amendments. This development in the law will likely result an
increase in concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in
certain “sensitive places,” including “schools and government buildings,” and
“legislative assemblies, polling places, and courthouses,” may be consistent with the
Second Amendment. N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111;
D.C. v. Heller (2008), 554 U.S. 570.
F. Weakening gun laws have been linked to increases in gun violence. See Center for
American Progress, Fact Sheet: Weak Gun Laws Are Driving Increases in Violent Crime
Attachment A
*NOT YET APPROVED*
0001_20230119_ms29 2
(Aug. 18, 2022) (https://www.americanprogress.org/article/fact-sheet-weak-gun-
laws-are-driving-increases-in-violent-crime/). In light of the invalidation of
California’s “good cause” requirement for concealed carry permits, the City Council
declares that this emergency ordinance is necessary as an emergency measure to
preserve the public peace, health and safety by reducing the potential for firearm-
related injury or death in sensitive places where vulnerable people congregate and
where the essential functions of government and civil society take place. Those
sensitive places include schools, polling places, and government buildings.
G. Through this Ordinance, the City Council desires to prohibit the carry of firearms in
sensitive places, including by those who are licensed to carry a concealed weapon,
consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v.
Bruen.
SECTION 2. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implement
regulations regarding permits described in this Ordinance as long as such regulations do not
conflict with this Ordinance or the Palo Alto Municipal Code.
SECTION 3. Carry of Firearms in Sensitive Places
A. Purpose and intent. The purpose of this section is to protect sensitive places that have
traditionally been subject to restrictions on carrying or possessing firearms, consistent
with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022),
142 S. Ct. 2111; to protect health, life, and property within the city; and to preserve
the order and security of the City, its inhabitants, and its visitors.
B. Prohibition. Except as otherwise provided by federal or state law, no person shall carry
a firearm in any sensitive place unless they are subject to an exemption under
subsection (d) of this section. This prohibition applies to persons licensed to carry a
concealed firearm.
C. For the purposes of this section, “sensitive place” means any of the following:
i. Any building owned by or under the control of City government for the
purpose of government administration;
ii. Any polling place while voting is occurring;
iii. Any school. For the purposes of this section, “school” includes all institutions
that provide preschool, elementary, secondary, post-secondary, technical,
or trade or vocational education, and includes all athletic facilities, offices,
cafeterias and eating establishments, health care facilities, research
Attachment A
*NOT YET APPROVED*
0001_20230119_ms29 3
facilities, parking lots, and shared rooms and common areas of dormitories
thereof. “School” does not include a private residence at which education is
provided for children who are all related to one another by blood, marriage,
or adoption.
D. Exemptions. This section shall not apply to:
i. A federal, state, or local law enforcement officer when such person is
authorized to carry a concealed weapon or a loaded firearm under state law
or under 18 U.S.C. Section 926B or any successor legislation;
ii. An honorably retired officer or agent of a law enforcement agency, when
authorized to carry a concealed or loaded weapon under state law or 18
U.S.C. Section 926C;
iii. A security guard or messenger of a financial institution, a guard of a contract
carrier operating an armored vehicle, a licensed private investigator, a patrol
operator, an alarm company operator, or security guard, when such persons
are authorized by applicable state or federal law to carry a firearm and when
such persons are engaged in the exercise of their official duties;
iv. A person bringing or transporting an unloaded firearm onto city property to
exchange, transfer, or relinquish it to law enforcement, in compliance with
any city operated, approved, or sponsored program to purchase, exchange,
or otherwise obtain voluntary relinquishment of firearms;
v. A person lawfully possessing an unloaded firearm in the locked trunk of, or
inside a locked container in, a motor vehicle.
vi. A hunter with a valid hunting license when going to or returning from a legal
hunting expedition; provided, however, that when transiting through any
area where firearms are prohibited, any firearm is safely stored in a locked
container or otherwise secured using a firearm safety device as defined by
California Penal Code Section 16540 or any successor legislation.
E. Penalties. Any person violating any of the provisions of this section shall be guilty of
a misdemeanor punishable as set forth in Chapter 1.08 of the Palo Alto Municipal
Code.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Attachment A
*NOT YET APPROVED*
0001_20230119_ms29 4
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment.
SECTION 6. This ordinance shall be effective immediately upon adoption by a four-fifths vote of
the City Council and shall expire on the 61st day after its adoption unless extended by the City
Council.
SECTION 7. This Ordinance shall not be codified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
Attachment B
*NOT YET APPROVED*
0002_20230119_ms29 1
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Prohibiting the Carry of
Firearms in Sensitive Places
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City of Palo Alto has a compelling interest in protecting and the health and safety
of the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and
unacceptable proportions at the national, state, and local level, as described in a
report by the Santa Clara County Department of Public Health, “Cost of Gun Violence
in Santa Clara County” (Aug. 12, 2022), which notes that the age-adjusted firearm
death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate
in the past decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org),
California experienced 369 mass shootings (defined as an incident that kills or injures
four or more people) between 2014 and January 2023. In Santa Clara County, mass
shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10
dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead
including the shooter, 17 wounded); Oct. 5, 2011, at the Lehigh Cement Plant in
Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4
wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon
to demonstrate “good cause” for the issuance of the license. The United States
Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S.
Ct. 2111, that such “good cause” requirements are unconstitutional under the Second
and Fourteenth Amendments. This development in the law will likely result an
increase in concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in
certain “sensitive places,” including “schools and government buildings,” and
“legislative assemblies, polling places, and courthouses,” may be consistent with the
Second Amendment. N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111;
D.C. v. Heller (2008), 554 U.S. 570.
F. Through this Ordinance, the City Council desires to prohibit the carry of firearms in
sensitive places, including by those who are licensed to carry a concealed weapon,
Attachment B
*NOT YET APPROVED*
0002_20230119_ms29 2
consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v.
Bruen.
SECTION 2. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implement
regulations regarding permits described in this Ordinance as long as such regulations do not
conflict with this Ordinance or the Palo Alto Municipal Code.
SECTION 3. New section 9.08.030 is hereby added to Chapter 9.08 (Guns and Explosives) of Title
9 (Public Peace, Morals, and Safety) to read as follows:
9.08.030 Carry of Firearms in Sensitive Places
A. Purpose and intent. The purpose of this section is to protect sensitive places that have
traditionally been subject to restrictions on carrying or possessing firearms, consistent
with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022),
142 S. Ct. 2111; to protect health, life, and property within the city; and to preserve
the order and security of the City, its inhabitants, and its visitors.
B. Prohibition. Except as otherwise provided by federal or state law, no person shall carry
a firearm in any sensitive place unless they are subject to an exemption under
subsection (d) of this section. This prohibition applies to persons licensed to carry a
concealed firearm.
C. For the purposes of this section, “sensitive place” means any of the following:
i. Any building owned by or under the control of City government for the
purpose of government administration;
ii. Any polling place while voting is occurring;
iii. Any school. For the purposes of this section, “school” includes all institutions
that provide preschool, elementary, secondary, post-secondary, technical,
or trade or vocational education, and includes all athletic facilities, offices,
cafeterias and eating establishments, health care facilities, research
facilities, parking lots, and shared rooms and common areas of dormitories
thereof. “School” does not include a private residence at which education is
provided for children who are all related to one another by blood, marriage,
or adoption.
//
//
Attachment B
*NOT YET APPROVED*
0002_20230119_ms29 3
D. Exemptions. This section shall not apply to:
i. A federal, state, or local law enforcement officer when such person is
authorized to carry a concealed weapon or a loaded firearm under state law
or under 18 U.S.C. Section 926B or any successor legislation;
ii. An honorably retired officer or agent of a law enforcement agency, when
authorized to carry a concealed or loaded weapon under state law or 18
U.S.C. Section 926C;
iii. A security guard or messenger of a financial institution, a guard of a contract
carrier operating an armored vehicle, a licensed private investigator, a patrol
operator, an alarm company operator, or security guard, when such persons
are authorized by applicable state or federal law to carry a firearm and when
such persons are engaged in the exercise of their official duties;
iv. A person bringing or transporting an unloaded firearm onto city property to
exchange, transfer, or relinquish it to law enforcement, in compliance with
any city operated, approved, or sponsored program to purchase, exchange,
or otherwise obtain voluntary relinquishment of firearms;
v. A person lawfully possessing an unloaded firearm in the locked trunk of, or
inside a locked container in, a motor vehicle.
vi. A hunter with a valid hunting license when going to or returning from a legal
hunting expedition; provided, however, that when transiting through any
area where firearms are prohibited, any firearm is safely stored in a locked
container or otherwise secured using a firearm safety device as defined by
California Penal Code Section 16540 or any successor legislation.
E. Penalties. Any person violating any of the provisions of this section shall be guilty of
a misdemeanor punishable as set forth in Chapter 1.08 of the Palo Alto Municipal
Code.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the ordinance will have a significant
effect on the environment.
Attachment B
*NOT YET APPROVED*
0002_20230119_ms29 4
SECTION 6. This ordinance will become effective on the thirty-first day after the date of its
adoption
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
Attachment C
New York Sensitive
Place
Litigation Status as of
11/17/22*
Corresponding Provision(s)
in California (Proposed – SB
2)
Corresponding
Provision(s) in Sunnyvale
Any place owned or
under the control of
federal, state or local
government, for the
purpose of government
administration,
including courts
No standing to
challenge, but to the
extent that finding
was in error, the Court
would have concluded
that SCOTUS has
recognized this as a
permissible
restriction.
A building, parking area, or
portion of a building under
the control of an officer of
the executive or legislative
branch of the state
government, except as
allowed pursuant to
paragraph (2) of subdivision
(b) of Section 171c
A building designated for a
court proceeding, including
matters before a superior
court, district court of
appeal, or the California
Supreme Court, parking
area under the control of
the owner or operator of
that building, or a building
or portion of a building
under the control of the
Supreme Court, unless the
person is a justice, judge, or
commissioner of that court
A building, parking area, or
portion of a building under
the control of a unit of local
government, unless the
firearm is being carried for
purposes of training
pursuant to Section 26165
City property and any
building, real property, or
parking area within the
geographic boundaries of
the city that is owned or
leased by a public entity
other than the city,
where the public entity
that owns or leases the
property has duly
authorized the city to
enforce this prohibition
on said property
Any location providing
health, behavioral
health, or chemical
dependance care or
services
No standing as to
“health care or
services.” Enjoined as
to “behavioral health
care or services” and
“chemical dependance
care or services.”
A building, real property,
and parking area under the
control of a public or
private hospital or hospital
affiliate, mental health
facility, nursing home,
medical office, urgent care
facility, or other place at
which medical services are
customarily provided
* The District Court’s preliminary injunction has been stayed while the case is on appeal.
Attachment C
Any place of worship or
religious observation
Enjoined.A church, synagogue,
mosque, or other place of
worship, including in any
parking area immediately
adjacent thereto, unless the
operator of the place of
worship clearly and
conspicuously posts a sign
at the entrance of the
building or on the premises
indicating that license
holders are permitted to
carry firearms on the
property
A church, synagogue,
mosque, or other place
of worship, including in
any parking area
immediately adjacent
thereto, unless the
operator of the place of
worship clearly and
conspicuously posts a
sign at the entrance of
the building or on the
premises indicating that
license holders are
permitted to carry
firearms on the property
Libraries, public
playgrounds, public
parks, and zoos
Parks, zoos enjoined.
No standing to
challenge library ban,
but if that finding
were in error, the
Court would have
enjoined. Public
playgrounds upheld.
A playground or public or
private youth center, as
defined in Section 626.95,
and a street or sidewalk
immediately adjacent to the
playground or youth center
A park, athletic area, or
athletic facility that is open
to the public and a street or
sidewalk immediately
adjacent to those areas,
provided this prohibition
shall not apply to a licensee
who must walk through
such a place in order to
access their residence,
place of business, or vehicle
A building, real property, or
parking area under the
control of a public library
A building, real property, or
parking area under the
control of a zoo or museum
A public street or
sidewalk within 1,000
feet from a playground,
youth center, or park
The location of any
program licensed,
regulated, certified,
funded, or approved by
the office of children
and family services that
provides services to
No standing to
challenge.
A building, real property, or
parking area under the
control of a preschool or
childcare facility, including a
room or portion of a
building under the control
Attachment C
children, youth, or
young adults, any
legally exempt childcare
provider; a childcare
program for which a
permit to operate such
program has been
issued by the
department of health
and mental hygiene
pursuant to the health
code of the city of New
York
of a preschool or childcare
facility
Nursery schools,
preschools, and
summer camps
Upheld as to nursery
schools and
preschools. No
standing as to summer
camps, but if that
finding were in error,
the court would have
upheld prohibition in
summer camps for
children.
A building, real property, or
parking area under the
control of a preschool or
childcare facility, including a
room or portion of a
building under the control
of a preschool or childcare
facility
A public street or
sidewalk within 1,000
feet from a preschool
The location of any
program licensed,
regulated, certified,
operated, or funded by
the office for people
with developmental
disabilities; office of
addiction services and
supports; office of
mental health; or office
of temporary and
disability assistance
No standing to
challenge.
Homeless shelters,
runaway homeless
youth shelters, family
shelters, shelters for
adults, domestic
violence shelters, and
emergency shelters,
and residential
programs for victims of
domestic violence
No standing, but if
that finding were in
error, Court would
have enjoined.
Residential settings
licensed, certified,
No standing to
challenge.
Attachment C
regulated, funded, or
operated by the
department of health
In or upon any building
or grounds, owned or
leased, of any
educational
institutions, colleges
and universities,
licensed private career
schools, school districts,
public schools, private
schools
licensed under article
one hundred one of the
education law, charter
schools, non-public
schools, board of
cooperative
educational services,
special act schools,
preschool special
education programs,
private residential or
non-residential schools
for the education of
students with
disabilities, and any
state-operated or state-
supported schools
No standing to
challenge, but the
Court noted that
SCOTUS has
recognized that
“schools” are sensitive
places.
A place prohibited by
Section 626.9 [the Gun-Free
School Zone Act of 1995]
Any area under the control
of a public or private
community college, college,
or university, including, but
not limited to, buildings,
classrooms, laboratories,
medical clinics, hospitals,
artistic venues, athletic
fields or venues,
entertainment venues,
officially recognized
university-related
organization properties,
whether owned or leased,
and any real property,
including parking areas,
sidewalks, and common
areas
A public street or
sidewalk within 1,000
feet from a public or
private school, preschool,
childcare facility,
community college,
college, university
Any place, conveyance,
or vehicle used for
public transportation or
public transit, subway
cars, train cars, buses,
ferries, railroad,
omnibus, marine or
aviation transportation;
or any facility used for
or in connection with
service in the
transportation of
passengers,
airports, train stations,
subway and rail
stations, and bus
terminals
Airports and buses
enjoined. Otherwise,
no standing to
challenge.
A bus, train, or other form
of transportation paid for in
whole or in part with public
funds, and a building, real
property, or parking area
under the control of a
transportation authority
supported in whole or in
part with public funds
A building, real property, or
parking area under the
control of an airport or
passenger vessel terminal,
as those terms are defined
in subdivision (a) of Section
171.5
A bus, train, paratransit,
or other form of
transportation paid for in
whole or in part with
public funds where the
public agency that
operates the transit
system has duly
authorized the city to
enforce this prohibition
Attachment C
Any establishment
issued a license for on-
premise consumption
pursuant to article four,
four-A, five, or six of
the alcoholic beverage
control law where
alcohol is consumed
and any establishment
licensed under article
four of the cannabis law
for on-premise
consumption
Enjoined.A building, real property,
and parking area under the
control of a vendor or an
establishment where
intoxicating liquor is sold
for consumption on the
premises
Any place used for the
performance, art
entertainment, gaming,
or sporting events such
as theaters, stadiums,
racetracks, museums,
amusement parks,
performance venues,
concerts, exhibits,
conference centers,
banquet halls, and
gaming facilities and
video lottery terminal
facilities as licensed by
the gaming commission
Theaters, conference
centers, banquet halls
enjoined. Otherwise,
no standing.
A building, real property, or
parking area that is or
would be used for gambling
or gaming of any kind
whatsoever, including, but
not limited to, casinos,
gambling establishments,
gaming clubs, bingo
operations, facilities
licensed by the California
Horse Racing Board, or a
facility wherein banked or
percentage games, any
form of gambling device, or
lotteries, other than the
California State Lottery, are
or will be played
A stadium, arena, or the
real property or parking
area under the control of a
stadium, arena, or a
collegiate or professional
sporting or eSporting event
A building, real property, or
parking area under the
control of an amusement
park
Any location being used
as a polling place
Upheld.A polling place, voting
center, precinct, or other
area or location where
votes are being cast or cast
ballots are being returned
or counted, or the streets
A public street or
sidewalk within 1,000
feet from a polling place
Attachment C
or sidewalks immediately
adjacent to any of these
places
Any public sidewalk or
other public area
restricted from general
public access for a
limited time or special
event that has been
issued a permit for such
time or event by a
governmental entity, or
subject to
specific, heightened law
enforcement
protection, or has
otherwise had such
access restricted by a
governmental entity,
provided such location
is identified as such by
clear and conspicuous
signage
Upheld.
Any gathering of
individuals to
collectively express
their constitutional
rights to protest or
assemble
Enjoined.A public gathering or special
event conducted on
property open to the public
that requires the issuance
of a permit from a federal,
state, or local government
and sidewalk or street
immediately adjacent to the
public gathering or special
event but is not more than
1,000 feet from the event
or gathering, provided this
prohibition shall not apply
to a licensee who must walk
through a public gathering
in order to access their
residence, place of
business, or vehicle
Times Square No standing to
challenge.
In or on private
property where such
person knows or
reasonably should
know that the owner or
Enjoined.Any other privately-owned
commercial establishment
that is open to the public,
unless the operator of the
establishment clearly and
Attachment C
lessee of such property
has not permitted such
possession by clear and
conspicuous
signage indicating that
the carrying of firearms,
rifles, or shotguns on
their property is
permitted or has
otherwise given express
consent
conspicuously posts a sign
at the entrance of the
building or on the premises
indicating that license
holders are permitted to
carry firearms on the
property
A building, real property,
and parking area under the
control of an adult or
juvenile detention or
correctional institution,
prison, or jail
Real property under the
control of the Department
of Parks and Recreation or
Department of Fish and
Wildlife, except those areas
designated for hunting
pursuant to Section 5003.1
of the Public Resources
Code, Section 4501 of Title
14 of the California Code of
Regulations, or any other
designated public hunting
area, public shooting
ground, or building where
firearm possession is
permitted by applicable law
A street, driveway, parking
area, property, building, or
facility, owned, leased,
controlled, or used by a
nuclear energy, storage,
weapons, or development
site or facility regulated by
the federal Nuclear
Regulatory Commission
A financial institution or
parking area under the
control of a financial
institution
Attachment C
A police, sheriff, or highway
patrol station or parking
area under control of a law
enforcement agency
Anywhere else prohibited
by federal, state, or local
law