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HomeMy WebLinkAbout2014-0218 SS Documents Submitted at Mtg s} s s-bM,+!- 65 REALISTIC OPTIONS FOR COUNCIL ACTION ON FIREARMS RESTRICTIONS ACTION OPTIONS QUESTIONS A. Ordinances 1. Ban loaded, open carry, with exceptions • Effective? 2. Restrict minors' access • Effective? • Preemption/litigation/costs? B. Resolutions 1. Admonition to Legislature on re-writing preemption re • Effective? ammo and minors' access to clearly allow local ordinances • Prolonged? 2. Declaration that Ashland does not welcome persons • Effective? carrying weapons in public places C. Referrals 1. Refer ordinance banning loaded open carry • Effective? • Dispassionate? 2. Refer ordinance on minors' access • Effective? • Dispassionate? • Preemption/litigation/costs? 3. Refer advisory question on banning loaded open carry • Dispassionate? • Prolonged? 4. Refer advisory question on minors' access • Dispassionate? • Preemption/litigation/costs? • Prolonged? 5. Refer admonition to Legislature on re-writing preemption • Effective? re ammo and/or minors' access • Dispassionate? • Prolonged? 6. Refer declaration that Ashland does not welcome persons • Effective? carrying weapons in public places • Dispassionate? D. No Action 1. Object to consideration of the matter (not debatable; 2/3 • Responsive? vote) 2. Move to postpone indefinitely (debatable; majority vote) • Responsive? 3. Vote against motion to approve ordinance, resolution, or • Responsive? referral ck ORDINANCE NO. and which is identical to the City of Portland restriction already upheld by the Oregon Supreme Court. AN ORDINANCE RESTRICTING OPENLY CARRYING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: LOADED FIREARMS IN PUBLIC PLACES SECTION 1. Definitions. Annotated to show deleeena-and additions to the code sections being modified. Deletions are The followine definitions eovern the construction this Chanter: bold lifted-through and additions are bold underlined. A. "Firearm" means a weapon, by whatever name known, which is d d t expel projectile by the action of Powder. B. "Public Place" means a place to which the eencral public has access and includes. WHEREAS, Article 2. Section I of the Ashland City Charter provides: but is not limited to hallways lobbies and other Parts t apartment ban.. nnd hotels not constituting rooms or apartments designed for actual residence and Powers ofthe City. The City shall have all powers which the constitutions, statutes, and highways streets, schools.laces of amusement, parks, playgrounds, and Premises common law of the United States and of this. State expressly or impliedly grant or allow used in connection with public nesseneer transportation municipalities, as; fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, SECTION 2. Possession of a Loaded Firearm in a Public Place. shall possess all powers hereinafter specifically granted. All the authority thereof shall It is unlawful for an Person t kn iv Possess firearm, public have perpetual succession. place, inefudine while in a vehicle in a nubile place recklessly havine failed to remove all ammunition from the firearm. WHEREAS, OAS 166.173 expressly authorizes Oregon localjurisdiclions to enact ordinances to regulate, restrict or prohibit persons from possessing loaded firearms in public places, except SECTION 3. Exceptions. for persons expressly exempted by statute; Section 2 does not apply to or affect the following persons; A. A law enforcement officer in the Performance of official duty. WHEREAS, the City has determined, on the basis of past and recent instances of firearms- B. A member of the military in performance of official duty related violence in the City, the State, and the Nation, that public safety is compromised by C. A person licensed to carry a concealed handgun persons without firearms permits carrying loaded firearms in public places; D. A person authorized to possess a loaded fires while public building or court facilirv under ORS 166.370 WHEREAS, the Oregon Supreme Court recently has held that Article I, Section 27 of the E. An employee of the United States Department of A riculture, actin within the Oregon Constitution does not preclude enactment of a provision regulating "the mariner, scope of employment, who possesses a funded firearm I. the course of a lawful possession, and the use of constitutionally protected arms," and permits "wide legislative taking wildlife. latitude" to enact specific regulations restricting the possession and use of weapons to the extent F A government employee authorized required by his or h employment office such regulation of anus is necessary to promoting the public safety and does not unduly fmshate to carry firearms. the individual right to bear arms for the purpose of se f-defense; G. A person conductine an athletic contest to fires blank ammunition plug firearm toward the sky. WHEREAS, the United States Supreme Court recently opined that the Second Amendment of H. A person authorized by permit of the chief of police to discharge blank ammunition the U.S. Constitution does not preclude laws forbidding the carrying of firearms in sensitive or a weapon for a lawful Purpose. public places; L A person traveline to and from and dischareim, a firearm or weapon on a licensed public or private shooting ranee shooting eallerv o other approved designed area WHEREAS, the Oregon Supreme Court recently bas upheld a City of Portland ordinance or built for the purpose of target shooting, when such person is a member or euest provision restricting possession of loaded firearms in public places against the claim that the of said ranee or area. provision violated Article 1, Section 27 of the Oregon Constitution and the Second Amendment of the U.S. Constitution; and SECTION 4. Penalties. Violation of this Chapter is a Class A misdemeanor. WHEREAS, in order to promote public safety the City wishes to enact a municipal code _ provision which restricts the carrying of loaded firearms in public places under certain conditions Ordinance No. Pagel of 3 Ordinance No. _ Page 2 of 3 SECTION 5. Severabilitv. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall he incorporated in the City Code, and the word 'ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i.e.:Sections Nos. 5-6) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2014, and duly PASSED and - ADOPTED this day of 2014. Barbara M: Christensen, City Recorder SIGNED and APPROVED this _ day of 2014. John Stromberg, Mayor . Reviewed as to form: David H. Lohman, City Attorney G.ftilNCO"MAGENDA1'TEMS,.D,'alts13614 C66ft lunifl lbni 16 ]014\0] IS 14 Po`WQ Opai Ci;F.0r Coa Ordinance No. _ Page 3 of 3 ylb~~leR b5 s-}~~.F RESOLUTION NO. 2014 - A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, URGING THE OREGON LEGISLATURE TO AMEND OREGON REVISED STATUTES 166.170 AND 166.173 CONCERNING THE AUTHORITY OF LOCAL GOVERNMENTS TO ENACT LIMITED REGULATION OF FIREARMS AND COMPONENTS THEREOF. RECITALS: A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") is considering whether to join other Oregon cities in enacting limited restrictions on open carry of a firearm and the clip or magazine for that firearm in a public place. B. ORS 166.170 preempts, except as expressly authorized by state statute, any local government ordinances or regulation in any manner whatsoever the sale, acquisition, transfer, ownership, possession, storage; transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. . C. ORS 166.173(1) expressly authorizes an Oregon city or county to regulate possession of loaded firearms in public places, with certain enumerated exceptions. D. ORS 166.170 and 166.173(1), taken together, are ambiguous in that they could mean a city may under certain circumstances or may not under any circumstances restrict the carrying of an unloaded firearm in a public place along with that firearm's clip or magazine which contains ammunition and which can be attached to the firearm in a few seconds. E. Cities in Oregon that wish to restrict the open carry in public places of firearms that are loaded, or that readily can be loaded by attaching a clip or magazine containing ammunition, may be constrained from doing so solely to avoid costly litigation over the interpretation of ORS 166.173(1) in light of ORS 166.170. F. The Oregon Legislature could resolve the aforesaid ambiguity and the associated risk of litigation by clarifying the preemption exemption in ORS 166.173(1). G. Further, the City is also considering whether to join other Oregon cities in enacting an ordinance proscribing endangerment of minors by failing to prevent them from accessing firearms without appropriate permission. H. State law does not prohibit a city from enacting an ordinance protecting the welfare and safety of minor children. RESOLUTION NO. 2014 - Page 1 of 2 I. A court might deem an ordinance that proscribes endangerment of miriors by failing to prevent them from accessing firearms without appropriate permission to be within the permissible authority of the City protect the welfare and safety of minor children. Alternatively, a court might instead deem such an ordinance to be a violation of the state preemption of regulation of storage of firearms in ORS 166.170. J. Cities wishing to enact what they consider to be reasonable protections for minors may be constrained from doing so solely to avoid costly litigation over interpretation of the term "storage" in ORS 166.170. K. The Oregon Legislature could resolve the aforesaid uncertainty about interpretation of the term "storage" in ORS 166.170 by means of an addition to the preemption exception in ORS 166.173(1). NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland urges the Oregon Legislature to amend ORS 166.173(1) to read as follows: "A city or county may adopt ordinances to regulate, restrict or prohibit in or upon public places the possession of any firearm and of any clip or magazine attachable thereto, recklessly having failed to remove all the unexpended cartridges or shells from the firearm, clip, or magazine. SECTION 2. The City of Ashland further urges the Oregon Legislature to enact a new section to follow ORS 166.173 providing as follows: "A city or county may adopt ordinances to prohibit persons from endangering a minor by failing to prevent access by a minor to an operable loaded or unloaded firearm within premises under the person's custody or control without the permission of the person, a parent or guardian." This resolution is effective upon signing by the Mayor. PASSED and ADOPTED this day of February, 2014. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of February, 2014. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney RESOLUTION NO.2014- Page 2 of 2 lrbM ~l vl b7 S7~{F -3 16.14 $S RESOLUTION NO. 2014 - D u'~ w RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, TO SUBMIT TO ASHLAND ELECTORS AT THE MAY 209 2014 PRIMARY ELECTION A MEASURE EXPRESSING THE CITY'S REQUEST THAT PERSONS VOLUNTARILY REFRAIN FROM OPENLY CARRYING FIREARMS IN PUBLIC PLACES IN ASHLAND RECITALS: A. Some Ashland citizens perceive the private display of firearms in public places as an infringement of their interest in quiet enjoyment of public places and a threat to their personal security. B. Some Ashland citizens perceive any legal restrictions on their ability to openly carry firearms in public places as an infringement of their personal liberty and a detriment to the ability of individuals to deter crime in public places. C. Gun-related accidents and crimes are relatively rare in the City of Ashland. D. Legal restrictions on openly carrying firearms are controversial, and the effectiveness of such restrictions in other Oregon cities is currently not objectively determinable. E. The City Council seeks a means to increase citizens' sense of security in public places without enacting legal restrictions that may be ineffective or unenforceable. F. The City Council wishes to afford the electors of Ashland the opportunity to declare the City of Ashland does not welcome - but does not prohibit -the open possession of firearms in its public places. NOW THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. At the May 20, 2014 election, the following question shall be submitted to the electors of Ashland for their "yes" or "no" vote: "Shall the City of Ashland declare that it respectfully requests its citizens and visitors to voluntarily refrain from openly carrying firearms in public places?" . SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, not later than 61 days prior to the March 20, 2014 election notice of the City's referral of the above ballot question and all that is required to ensure that the ballot title as shown above complies with County and State requirements for submittal to Ashland electors in the March 20, 2014 election. Resolution No. 2014- Page 1 of 2 SECTION 3. The City Recorder shall give notice of receipt of the ballot title and notice of electors' right to petition for review of the ballot title as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 4. The City Attorney is authorized to modify the text of the ballot title and explanatory statement shown in Exhibit A to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. This resolution is effective upon signing by the Mayor. PASSED and ADOPTED this day of March, 2014. Barbara Christensen, City Recorder SIGNED and APPROVED this day of March, 2014. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Resolution No. 2014- Page 2 of 2 SS PRACTICAL (NON-PHILOSOPHICAL) CONSIDERATIONS FOR AND AGAINST ADOPTING NEW ORDINANCES CONCERNING OPEN CARRY OF LOADED FIRARMS AND MINORS' ACCESS TO FIREARMS 1. EFFECTIVE? Might (a) enhance safety in public places by reducing the likelihood of unintentional gun-related violence OR (b) reduce safety by suggesting that criminal activity in Ashland public places will not likely be met by citizens' armed resistance.. 2. EFFECTIVE? Might have no discernible impact on public safety given that gun-related crimes and accidents in Ashland are rare. (That is, in light of the rarity of gun-related crime and accidents in Ashland public places, any benefit from restricting open carry of loaded guns AND any benefit from the possibility of having armed citizens in public places at opportune times to deter or defend against serious crimes might both be negligible.) 3.- EFFECTIVE? Might (a) have no real impact on open carry of loaded guns given that inspection to determine loaded or unloaded status of openly carried gun may not be possible, thereby limiting enforcement OR (b) enhance safety in public places and homes as a result of voluntary compliance, even if actual enforcement occurs rarely. 4. EFFECTIVE? Might (a) decrease the likelihood of minors in Ashland getting possession of guns without permission OR (b) have no discernible impact because the incidence of minors in Ashland getting unpermitted access to guns is rare even without a special prohibition. 5. EFFECTIVE? Might (a) be effective, regardless of enforceability, as an expression of the views of a majority of Ashland citizens on an issue under legislative consideration in the State Legislature and Congress OR (b) be regarded as merely unenforceable political statements, which might, in turn, cause other ordinances to be taken less seriously 6. LITIGATION? Might (a) result in lengthy legal battles so costly as to have an appreciable impact on City budgets and services OR (b) result in no lawsuits, as has been the case in 10 of the 11 Oregon jurisdictions that currently ban loaded weapons in public places. 7. FAIR? Might (a) alienate law-abiding citizens who are unlikely to misuse firearms even without the new ordinances OR (b) cause law-abiding gun owners to be more aware of many citizens' apprehensions about guns in public places. 8. VISITOR IMPACTS? Might (a) result in fewer visitors to Ashland OR (b) attract new visitors to Ashland.