HomeMy WebLinkAboutStaff Report 2303-1105 City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: April 3, 2023
Report #:2303-1105
TITLE
Adopt a Resolution Expressing Concern for Public Safety and Urging State and Federal Action on
Firearms in Sensitive Places.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution expressing concern for public
safety and urging state and federal action to expand the list of sensitive places where firearms
may be prohibited.
BACKGROUND AND DISCUSSION
On March 6, 2023, the City Council considered emergency and standard ordinances prohibiting
the possession of firearms in certain sensitive places recognized by the Supreme Court. The
Council adopted the emergency ordinance as written and adopted the standard ordinance with
one change: in addition to City property, the ordinance was to include the property of other
units of government with their authorization.
The Council further directed staff to return with a draft resolution addressing the issue of
firearms in sensitive places. The relevant portion of the motion as it appears in the draft
minutes is:
3. Direct staff to return with a draft resolution stating that the City of Palo Alto is deeply
concerned for the safety of its residents given the epidemic of gun violence in our
county, state, and country, and but for recent Supreme Court and other court decisions
that substantially reduce the City’s ability to ban firearms more broadly, the City of Palo
Alto would prohibit firearms in a broader range of places, and the City calls on state and
federal officials to do all they can to address this issue and broaden the list of sensitive
places where firearms may be prohibited.
The motion passed 7-0.
Staff have drafted the resolution accordingly and recommend adopting the resolution as
attached.
ENVIRONMENTAL REVIEW
The adoption of this resolution does not meet the definition of a project under Public Resources
Code Section 21065, thus, no environmental assessment under the California Environmental
Quality Act is required.
ATTACHMENTS
Attachment A: Resolution Expressing Concern for Public Safety and Urging State and Federal
Action on Firearms in Sensitive Places
APPROVED BY:
Molly Stump, City Attorney
*NOT YET APPROVED* Attachment A
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0003_20230316_ms29
Resolution No. ____
Resolution of the Council of the City of Palo Alto Expressing Concern for
Public Safety and Urging State and Federal Action on Firearms in Sensitive
Places
R E C I T A L S
A. The U.S. Supreme Court held in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142
S. Ct. 2111, that firearms regulations must be “consistent with the Nation’s historical tradition of
firearm regulation.”
B. The 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.
C. Subsequent court decisions, applying Bruen, have invalidated legislative
provisions designating other locations as “sensitive.”
D. On March 6, 2023, the City Council adopted emergency and standard ordinances
prohibiting the possession of firearms in the sensitive places that have been recognized by the
Supreme Court.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City of Palo Alto is deeply concerned for the safety of its residents
given the epidemic of gun violence in our county, state, and country.
SECTION 2. But for recent Supreme Court and other court decisions that substantially
reduce the City’s ability to ban firearms more broadly, the City of Palo Alto would prohibit
firearms in a broader range of places.
SECTION 3. The City calls on state and federal officials to do all they can to address this
issue and broaden the list of sensitive places where firearms may be prohibited.
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*NOT YET APPROVED* Attachment A
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0003_20230316_ms29
SECTION 4. The Council finds that the adoption of this resolution does not meet the
definition of a project under Public Resources Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
City Attorney City Manager