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HomeMy WebLinkAbout91-0227 Fireamrs Task Force q1 -oaa1 c.rd.a. T�s kk- C; . RESOLUTION ESTABLISHING THE SAFE STORAGE OF FIREARMS TASK FORCE WHEREAS, it is necessary and desirable to determine such measures as may promote and further the safe storage of firearms so as to prevent the loss of life and property and that a task force is hereby established for the purpose of examining and studying practices and devices which will promote the safe storage of firearms . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that such task force shall conduct such public hearings as it may determine are . necessary and shall otherwise meet and confer. BE IT FURTHER RESOLVED that such task force shall make its written report of findings and recommendations to the City Council within 90 days . BE IT FURTHER RESOLVED that Cheryl Popple is hereby appointed as Chairman of the Safe Storage of Firearms Task Force. BE IT FURTHER RESOLVED that the following persons are hereby appointed as members of such task force: L. S . Clemens Raymond K. Merrill Alan J. Fisher Sue 011man Charles Gruber Cheryl Popple Anthony Gudvanger Marie Yearman Lance Lagoni BE IT FURTHER RESOLVED that the Safe Storage of Firearms Task Force shall conduct its meetings in accordance with the Illinois Open Meetings Act. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 27 , 1991 Adopted: February 27 , 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 7 • El '' I in °FED Agenda Item No. 0 v,L , ,v July 3, 1991 TO: Mayor and Members of the City Council FROM: Cheryl Popple, Chairman SUBJECT: Report of Safe Storage of Firearms Task Force Enclosed are copies of minutes and background materials used by the Safe Storage of Firearms Task Force. The recommendation of the task force is to substitute the enclosed proposed ordinance entitled "Adult Responsibility" for the originally proposed ordinance of November 28, 1990. We have also strongly suggested that an educational program be part of the proposed action. Further, there were other issues of concern regarding the safety of children that members of the committee thought should be addressed but which were beyond the scope and expertise of this committee. These items are listed in Paragraph 3 (a) through (c) of the report. I will be happy to answer any questions you have at the meeting. (lisa-A/---C--- Cheryl opple, Chai man Safe Storage of Firearms Task Force CP:dkm • Attachments. • REPORT OF SAFE STORAGE OF FIREARMS TASK FORCE Pursuant to Resolution adopted by the Elgin City Council on February 27, 1991, the Safe Storage of Firearms Task Force hereby reports its recommendations . RECOMMENDATIONS: 1 . That the attached proposed ordinance, identified as An Ordinance Amending the Elgin Municipal Code by adding Chapter 10 . 66 entitled "Adult Responsibility, " be substituted for the original proposed ordinance, identified as An Ordinance Amending Chapter 10 . 88 of the Elgin Municipal Code to Provide for Safe Storage of Firearms/Weapons. It is further recommended that said substituted proposed ordinance be passed by the Elgin City Council . 2 . That the City be involved in an educational program regarding the care and safety of firearms based on the committee' s consensus that education is an essential part of what is necessary to prevent the loss' of life and property. 3. The committee is also concerned about and would like the City Council to: a. Attempt to protect or increase existing protections for children from accidents involving flammable liquids, accelerants, oxidizers and/or matches, alcohol, drugs, tobacco items, controlled substances, and poisons; b. Explore imposing parental responsibility with reference to the above, where applicable; c. .. Consider ordinances to increase the state statute's penalty provisions with reference to the Child Passenger Protection Act, the All Terrain Vehicle Safety Act, and the Snowmobile Registration and Safety Act. May 17, 1991 1 110 FIREARMS SAFETY TASK FORCE Mr. Leroy Clemens 695-1432 Mr. Alan Fisher 697-3387 Mr. Chuck Gruber (,9.c-(oS6-o 800 Mr. Tony Gudvanger 697-2824 Mr. Ray Merrill 742-6163 Mr. Lance Lagoni 742-2176 Mrs. Sue Oilman 741-1887 Mrs. Cheryl Popple 695-6671 Mrs. Marie Yearman 742-9472 411 • . / Elm 1,6111,40 vti Agendaltem No . ._,.III I July 3, 1991 TO: Mayor and Members of the City Council FROM: Cheryl Popple, Chairman SUBJECT: Report of Safe Storage of Firearms Task Force Enclosed are copies of minutes and background materials used by the Safe Storage of Firearms Task Force. The recommendation of the task force is to substitute the enclosed proposed ordinance -I entitled "Adult Responsibility" for the originally proposed ordinance of November 28, 1990 . We have also strongly suggested that an educational program be part of the proposed action. Further, there were other issues of concern regarding the safety of children that members of the committee thought should be addressed but which were beyond the scope and expertise of this committee. These items are listed in Paragraph 3 (a) through (c) of the report. r I will be happy to answer any questions you have at the meeting. (jZt.. .--).., Cheryl opple, Ch i man Safe S orage of Firearms Task Force CP:dkm Attachments REPORT OF SAFE STORAGE OF FIREARMS TASK FORCE Pursuant to Resolution adopted by the Elgin City Council on February 27 , 1991, the Safe Storage of Firearms Task Force hereby reports its recommendations . RECOMMENDATIONS: 1 . That the attached proposed ordinance, identified as An Ordinance Amending the Elgin Municipal Code by adding Chapter 10 . 66 entitled "Adult Responsibility, " be substituted for the original proposed ordinance, identified as An Ordinance Amending Chapter 10 . 88 of the Elgin Municipal Code to Provide for Safe Storage of Firearms/Weapons . It is further recommended that said substituted proposed ordinance be passed by the Elgin City Council . 2 . That the City be involved in an educational program regarding the care and safety of firearms based on the committee' s consensus that education is an essential part of what is necessary to prevent the loss of life and property. 3 . The committee is also concerned about and would like the City Council to: • a. Attempt to protect or increase existing protections for children from accidents involving flammable liquids, accelerants, oxidizers and/or matches, alcohol, drugs, tobacco items, controlled substances, and poisons; b. Explore imposing parental responsibility with reference to the above, where applicable; c . Consider ordinances to increase the state statute' s penalty provisions with reference to the Child Passenger Protection Act, the All Terrain Vehicle Safety Act, and the Snowmobile Registration and Safety Act. May 17, 1991 Ordinance recommended by_ Task Force Ordinance No. AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 10 . 66 ENTITLED "ADULT RESPONSIBILITY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Title 10 entitled "Public Peace, Morals and Welfare" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Chapter 10 . 66 to read as follows : Chapter 10 . 66 10 . 66 . 010 Prohibition declared. It is declared unlawful for any parent, legal guardian or other person 18 years of age or older to willfully, knowingly or recklessly permit any minor under the age of 18 years to come into unsupervised possession of any of the following items : 1 . Bowie, switchblade, ballistic knives, or other edged weapons as defined by Illinois Revised Statutes, Chapter 38, Paragraph 24-1 ( 1) ; 2 . Metallic knuckles; 3 . Martial arts weaponry, including, but not limited to, num chucks and throwing stars; 4 . Arrows designed for firing from a bow or crossbow device; 5 . Stun gun or taser; 6 . Any device or attachment of any kind designed, used or intended for use in silencing the report of a firearm; 7 . Machine gun as defined by Illinois Revised Statutes, Chapter 38, Paragraph 24-1; or 8 . Any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one-quarter ounce for like purposes, such as, but not limited to, black powder bombs, molotov cocktails, pipe-bombs or artillery projectiles . 9 . Firearms, or the ammunition therefore, as defined by Illinois Revised Statutes, Chapter 38, Paragraph 83-1 . 1; 10 . Fireworks, as defined by Illinois Revised Statutes, Chapter 1271 , Paragraph 102 . 10 . 66 . 020 Definitions . "Knowingly" is defined as having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inquiry or inspection. "Recklessly" is defined as acting in a manner or under circumstances such as evince disregard of, or indifference to, consequences involving danger to the property, life, or safety of others . "Unsupervised" is defined as a lack of visual or oral oversight coupled with lack of sufficient proximity to obtain immediate control over the item or minor. "Willful" is defined as proceeding from a conscious and voluntary intentional motion of the will . 10 . 66 . 030 Exceptions . It shall be an affirmative defense to this chapter if a minor in possession of a firearm holds a valid hunting license or FOID card pursuant to Illinois Revised Statutes, Chapter 31, Paragraphs 3 . 1 and 83-2 , et seq. , neither the minor, nor the person to be charged is otherwise in violation of any law related to the sale or possession of weapons, including, but not limited to: Illinois Revised Statutes, Chapter 38, Paragraphs 24-3 . 1 ( 1) , 24-3(a) or 24-3 . 3, and the minor is engaged in hunting, supervised target shooting, or the otherwise legal transportation of a firearm for such purposes . 10 . 66 . 040 Penalty. Any person violating the provisions of this chapter shall be punished by a fine of not less than $100 . 00 nor more than $1,000 . 00 . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . This ordinance and every provision thereof shall be deemed separable, and the invalidity of any portion thereof shall not affect the validity of any other portion of this ordinance. Section 4 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. George VanDeVoorde, Mayor Presented: Passed: Vote: Yeas Nays Recorded: Published: Attest: Dolonna Mecum, City Clerk _ �Js SAFE STORAGE OF FIREARMS TASK FORCE MARCH 12, 1991 The organizational meeting of the Safe Storage of Firearms Task Force was called to order by Chairman Popple at 7 p.m. in the Council Conference Room. MEMBERS PRESENT: L. S . Clemens, Alan J. Fisher, Charles Gruber, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue 011man, Cheryl Popple, and Marie Yearman. MEMBERS ABSENT: None. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. A discussion was held concerning the duties of the task force. Chairman Popple emphasized that the purpose of this task force is to promote the safe storage of firearms . The ordinance establishing this task force stated that it was "established for the purpose of examining and studying practices and devices which will promote the safe storage of firearms . " The group has been asked to study this issue and to make a recommendation to the City Council, which will make the final decision. The next two meetings will be held April 9 and 16, 1991, at 7 p.m. in the Council Conference Room. At the next meeting, Chairman Popple requested that members be prepared to discuss the material distributed tonight, which includes copies of laws from four other states and the ordinance which has been proposed for Elgin. Chairman Popple advised that she is in the process of obtaining statistics regarding injuries from gunshots . She has contacted the hospitals , police department, and also School District U-46 with reference to the incidents of students bringing guns to school . Lance Lagoni has obtained from the Kane County Coroner' s office information regarding the causes of accidental death for Elgin children 18 years and younger. Chief Gruber stated that he will contact the National Safety Council for statistical information, and he will also attempt to obtain copies of other state and municipal firearm laws . He will have the Elgin Police Department compile a report regarding accidental gunshot injuries to children and also the incidents of the police seizing guns which are in the possession of minors . Safe Storage of Firearms Task Force Meeting March 12, 1991 Page 2 Assistant Corporation Counsel , Michael Gehrman, will prepare a synopsis regarding the legal liability involved with firearms . The question was raised whether it has been determined that an ordinance is needed in Elgin. Chairman Popple stated that this is part of what the task force will be looking at. She also stated that it isn' t a new precedent for a community to look at laws regarding safety for children, i .e. car seats and swimming pool laws . A general discussion was held by members of the committee as well as people in the audience with reference to teaching firearm safety to children. It was stated that there are currently hunter safety programs being offered. It was suggested that perhaps these could be expanded to include more than just hunter safety, Elgin is also fortunate to have a number of gun safety instructors . There is an 800 number which will give information regarding hunter safety courses being offered. The programs currently being offered are not well publicized, and it was suggested that a coordinated effort be made to more widely disseminate information regarding the safety programs that are available. It was recommended that the City' s Parks and Recreation Department be considered to offer the gun safety courses . Sue Oilman stated that she believes that the gun safety courses which she teaches are already given through the Parks Department. It was also suggested that a program similar to the fire departments ' going to each school to teach fire safety could be developed and presented at the schools regarding firearms safety. L. S . Clemens made a motion, seconded by Marie Yearman, to adjourn the meeting. Motion carried. , , ,1 Dolonna Mecum, City Clerk • SAFE STORAGE OF FIREARMS TASK FORCE APRIL 9, 1991 The meeting was called to order by Chairman Popple at 7 p.m. in the Council Conference Room. MEMBERS PRESENT: L. S . Clemens, Alan Fisher, Charles Gruber, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue Oilman, Marie Yearman, and Chairman Cheryl Popple. MEMBERS ABSENT: None. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. APPROVAL OF MINUTES: The minutes of the March 12 , 1991 meeting were reviewed. Anthony Gudvangen made a motion, seconded by Lance Lagoni, to amend the March 12 , 1991 minutes to reflect that the committee is limiting discussion to the City of Elgin and to accidental injuries to children. Ray Merrill stated that he strongly objected to the motion. He stated that the committee had not agreed to the above limitations . Further, by limiting discussion only to accidental deaths from firearms it ignored the deaths which occur as a result of suicide by gun and drive-back shootings . Yeas : Fisher, Gudvangen, Lagoni, 011man, and Yearman. Nays : Clemens, Gruber, and Merrill . DISCUSSION OF ACCIDENT STATISTICS : A general discussion was held regarding the statistical information furnished to the committee. L. S . Clemens made a motion, seconded by Charles Gruber, to adjourn the meeting, have the committee members take the statistical material home, think about where they want to go with reference to this issue, and vote at the next meeting whether the committee wants to go any further. After further discussion, Mr. Fisher asked Mr. Clemens to withdraw his motion and Chief Gruber his second. The motion and second were withdrawn. DISCUSSION OF STATE FIREARM SAFETY LAWS : Discussion began with the Connecticut law and its requirements for an educational program. Chairman Popple requested that Attorney Gehrman research the Illinois statutes to determine what the recourse is (civil or criminal) if a parent/guardian endangers a child and what the recourse is if it is a nonrelated adult, such as a neighbor. Lance Lagonistated that he would like to make a motion to tell the City Council that citizens are concerned about gun safety; that we think education is an essential part of what needs to be done; that the school district could be helpful in this program; and that the City Council should decide how to implement the program through the Parks and Police Departments . There was general objection to making such a specific motion at this point. It was felt by other committee members that the entire thing should be examined and a "package" put together for a recommendation to the City Council . Chairman Popple advised the committee that she felt any recommendations to the City Council should be general, and implementation should be left to their discretion. She stated that she was confident that when the committee sends a complete package to the council , the council will know what the committee intends . If there are any questions about the committee' s intentions, she and Marie Yearman will be able to clarify them. Lance Lagoni made a motion, seconded by Chuck Gruber, to inform the City Council that it is the consensus of this committee that education is an essential part of what needs to be done, and the committee recommends that the City be involved in an educational program regarding the care and safety of firearms . The motion passed by unanimous vote. At the invitation of Chairman Popple, several people from the audience made comments supporting the committee ' s stance on firearm safety education and stressed the importance of public awareness . ANNOUNCEMENTS: The next meeting of this committee will be April 17 , 1991, at 7 p.m. in the Council Conference Room. ADJOURNMENT: Chuck Gruber made a motion, seconded by Tony Gudvangen, to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 8 : 50 p.m. 4° /A , , sf //1/ Dolonna Mecum, ity Clerk SAFE STORAGE OF FIREARMS TASK FORCE APRIL 9, 1991 NOTES FROM DISCUSSION AT MEETING The meeting was called to order by Chairman Popple at 7 p.m. in the Council Conference Room. MEMBERS PRESENT: L. S. Clemens, Alan Fisher, Charles Gruber, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue Oilman, Marie Yearman, and Chairman Cheryl Popple. MEMBERS ABSENT: None. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. APPROVAL OF MINUTES : The minutes of the March 12, 1991 meeting were reviewed. Anthony Gudvangen made a motion, seconded by Lance Lagoni, to amend the March 12 , 1991 minutes to reflect that the committee is limiting discussion to the City of Elgin and to accidental injuries to children. Ray Merrill stated that he strongly objected to the motion. He stated that the committee had not agreed to the above limitations . Further, by limiting discussion only to accidental deaths from firearms it ignored the deaths which occur as a result of suicide by gun and drive-back shootings . Yeas : Fisher, Gudvangen, Lagoni, Oilman, and Yearman. Nays : Clemens, Gruber, and Merrill . Chairman Popple declined casting a vote. DISCUSSION OF ACCIDENT STATISTICS : A general discussion was held regarding the statistical information furnished to the committee. Gruber: An average of approximately one child has been accidentally killed every 10 years since 1900 . A lot of time and effort is spent to teach fire prevention, water safety, and traffic safety. What have we, as community leaders, done to try to teach gun safety. Oilman: I agree that we should go into the educational area rather than passing an ordinance for a trigger lock. Lagoni : I have gathered educational material from various sources . With reference to the statistics received from the Kane County Coroner, I was very surprised to learn what a large percentage of the deaths, from various causes, involved liquor. I encourage the liquor commission to continue being very strict with reference to liquor licensees who violation the ordinance by selling liquor to minors . s Gruber: It is a law to have fire detectors . • Clemens : You are required by law to have child safety seats in automobiles . Marie Yearman: The Fire Department goes further than what is required by law. They go into the schools and train the children as to what to do in case of a fire, escape routes, etc . Gruber: A law can assist in the safety process . I am not saying that the trigger lock will prevent all accidents caused by firearms . However, it will help. Popple: I am really bothered about the number of incidents of students bringing firearms to all three high schools and even one middle school . Merrill : Those figures only represent the students who were caught and not the actual number of students who bring guns to school every day. Lagoni : I heard on the radio that 90 percent of the guns that children have are not obtained by legitimate means . The majority of the guns are purchased on the street corner from other gang members . Clemens : Only 17 percent of the guns picked up by children have been legally obtained. The rest have been obtained illegally. When you bring a gun into the home, you are bringing in something that has value on the street. Popple: I believe that we are at a crossroads at this point, and the committee needs to make a decision whether to proceed or not. The committee needs to make a determination whether the figures and statistics lead you to look at anything else--whether it is an ordinance or education. I want to make it very clear that if the committee moves past this point, the statistics are not to be revisited and be something to fall back on. L. S . Clemens made a motion, seconded by Charles Gruber, to adjourn the meeting, have the committee members take the statistical material home, think about where they want to go with reference to this issue, and vote at the next meeting whether we want to go any further. Fisher: I am not in favor of adjourning this meeting at this point. I have reviewed the statistics we have been furnished, and going home to review them again and think about it isn' t going to make any difference. Also, there are a number of people in the audience, and I believe they should have an opportunity to be heard before we adjourn. I don't think the fact that we have only had two deaths of children from firearms in the last 30 years and an average of one every ten years is what will determine whether this committee decides to do something about firearm safety. There has been a lot of discussion about education. I would like to ask Mr. Clemens to withdraw his motion, Chief Gruber his second, and let ' s continue our discussion. The motion and second were withdrawn. DISCUSSION OF STATE FIREARM SAFETY LAWS: Popple: The Connecticut law said a lot about education, as well as other things . Lagoni : I agree that education is the way to go. The laws we were furnished with are state laws--not municipal ordinances--and they are criminal statutes . Illinois already has a statute, Chapter 23 (Charities and Public Welfare) , Section 2354 ( ? ) which holds a parent or guardian liable if they endanger the life of their child. Merrill : That statute only covers the situation if it is a parent or guardian--not an unrelated adult. Mike Gehrman confirmed Mr. Merrill ' s statement. Chairman Popple requested that Attorney Gehrman research the Illinois statutes to determine what the recourse is (civil or criminal) if a parent/guardian endangers a child and what the recourse is if it is a nonrelated adult, such as a neighbor. What we want to do is get adults to take responsibility. Gruber: I believe the state statute that Lance referred to could be incorporated into an ordinance that everyone could agree on, which would also focus on education. Perhaps the proposed ordinance didn' t address the issue exactly the best way, but one of the main purposes of the proposed ordinance was to bring attention to the whole issue of safe storage of firearms issue. The proposed ordinance has accomplished this purpose. If the state would take some of the responsibility to do something about this issue, we would not have to have an ordinance. Maybe we need to take a leadership role and attempt to get the statue to take some kind of action. Popple: Not everything we do necessarily has to be an ordinance. The committee can look at the other laws and get ideas and then make recommendations . Lagoni : I talked to a lot of people after the ordinance was proposed, and the two parts of the proposed ordinance that people object to are theprovision for confiscation of weapons and the provision for criminalization and punishment. Popple: The committee can recommend that there be a joint meeting with the City, School District, and Police Department to develop an educational program. This will cost tax dollars ! Yearman: It will cost tax dollars either way--by having to enforce the proposed ordinance, if passed, or having to provide for additional police officers to conduct the education. Lagoni : The hunter safety course that is offered through the Parks Department is taught by volunteers . Not everything has to cost tax dollars . I am sure there are citizens who would volunteer their time by teaching the courses . Popple: If the courses are taught in the schools, the volunteers might not necessarily be available during the day. Gruber: The real purpose in proposing the ordinance was to get the attention of the gun owners . As long as there are any children around, we want them to lock up their guns ! We could add the gun safety material to the D.A.R.E program which we are initiating, and then there would not be any additional cost. I produced a gun safety program while I was in Louisiana, so it would not be difficult to add this to the D.A.R.E . program. Popple: My understanding of the D.A.R.E. program is that it is only for the fifth grade. I would hate to see the gun safety education be limited to the fifth grade. Gruber: Then it definitely would cost more tax dollars . It would be OK with me if the proposed ordinance is not passed if this committee will agree to work to have a state statute passed. Lagoni : I would like to make a motion to tell the City Council that citizens are concerned about gun safety. We think education is an essential part of what needs to be done, and the school district could be helpful in this program. Further, the City Council should decide how to implement the program through the Parks and Police Departments . There was general objection to making such a specific motion at this point. It was felt by other committee members that the entire thing should be examined and a "package" put together for a recommendation to the City Council . Chairman Popple advised the committee that she felt any recommendations to the City Council should be general, and implementation should be left to their discretion. She stated that she was confident that when the committee sends a complete package to the council, the council will know what the committee intends . If there are any questions about the committee' s intentions, she and Marie Yearman will be able to clarify them. Lance Lagoni made a motion, seconded by Chuck Gruber, to inform the City Council that it is the consensus of this committee that education is an essential part of what needs to be done, and the committee recommends that the City be involved in an educational program regarding the care and safety of firearms . The motion passed by unanimous vote. At the invitation of Chairman Popple, several people from the audience made comments supporting the committee ' s stance on firearm safety education and stressed the importance of public awareness . ANNOUNCEMENTS: The next meeting of this committee will be April 17 , 1991, at 7 p.m. in the Council Conference Room. ADJOURNMENT: Chuck Gruber made a motion, seconded by Tony Gudvangen, to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 8 : 50 p.m. SAFE STORAGE OF FIREARMS TASK FORCE APRIL 16, 1991 The meeting was called to order by Chairman Popple at 7 : 05 p.m. in the Council Conference Room. MEMBERS PRESENT: Alan Fisher, Charles Gruber, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue 011man, and Chairman Cheryl Popple. MEMBERS ABSENT: L. S. Clemens and Marie Yearman. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. APPROVAL OF MINUTES: Ray Merrill stated that the term "homicide" should be substituted for "drive-by shootings" at the end of the sixth paragraph. Lance Lagoni made a motion, seconded by Tony Gudvangen, to approve the April 9, 1991, minutes as corrected. The motion passed by unanimous vote. Assistant Corporation Counsel Gehrman gave a brief synopsis of the criminal liability regarding firearms . Discussion continued regarding firearm safety laws enacted by other states . Lance Lagoni made a motion, seconded by Alan Fisher, to direct Assistant Corporation Counsel Gehrman to draft a proposed ordinance establishing adult responsibility for injury to or death of minors from any means . The motion passed by unanimous vote. Lance Lagoni made a motion, seconded by Alan Fisher, setting May 7 and May 14, 1991, at 7 p.m. as the next two meeting dates . The motion passed by unanimous vote. Members of the audience were given an opportunity to make comments . ADJOURNMENT Lance Lagoni made a motion, seconded by Sue 011man, to adjourn the meeting. The motion passed by unanimous vote. Meeting adjourned at 9 p.m. a8kuele Dolonna Mecum; it Clerk SAFE STORAGE OF FIREARMS TASK FORCE APRIL 16, 1991 NOTES FROM DISCUSSION AT MEETING In a brief synopsis of criminal liability regarding firearms, Assistant Corporation Counsel Gehrman stated that the only recourse parents would have if their child was injured or killed by a firearm would be to hire a private attorney to file a civil suit. Chairman Popple read excerpts from materials previously furnished to her by Lance Lagoni, including brochures from the National Rifle Association. The NRA Director strongly urges that guns be stored unloaded and locked away. Cheryl stated that she does not want the committee to come across as saying that a loaded firearm can be store safely. She asked that the committee distinguish between a loaded firearm that is stored and one which is kept where you think you ' ll need it--such as at your bedside. Two things have to be present for anyone to be prosecuted criminally. You have to leave it unguarded, and it has to be loaded. The question was raised as to how new Elgin residents would be informed if a firearm safety ordinance was passed. Chief Gruber stated that new residents could be informed of this ordinance just as they are informed about vehicle sticker requirements, licensing of animals, snow plowing parking ban, etc. Cheryl stated that there are a number of options, and the committee does not necessarily have to mandate something. The committee could just issue a policy statement, and maybe have signs at gun stores . Sue 011manand Lance Lagoni favor a recommendation or policy statement and public awareness rather than a criminal ordinance. Lance stated that people resent the punishment aspect of the proposed ordinance. Right now there is no statute that would hold a parent accountable if his child killed someone else. Lance stated that he does not believe it is appropriate to legislate this at the local level . Ray said that the reason we are here tonight is because the Illinois legislature failed to pay such a statute. Lance said that we can accomplish some important objectives : education, getting people to think, requiring people to take responsibility for their actions, and teaching values to their children, Chief Gruber asked: "Do we as a municipality take a leadership role? Do we as community leaders act or do we abrogate our responsibility to the state? Not everyone can protect themselves--specifically children. That is the responsibility of parents and government. " Cheryl reminded the committee that the City Council has the right to pass ordinances, and it doesn' t matter whether other communities have the same ordinance or not. Alan Fisher stated that it is his understanding that the committee is concerned with child safety and protection of life, particularly minors . It was his thought that the committee was looking at "gun control" of sorts in Elgin to protect life. What about drafting legislation to hold someone accountable if through their negligence a child is killed. The figures don' t show that many deaths of children from firearms, but did reveal lots of deaths from other causes such as fires, automobile accidents, etc. Ray asked: "If there a way of preventing the loss of a child' s life, isn' t it better to do something in advance rather than after?" Alan suggested that the committee ask the City Council to consider an ordinance that would make an adult responsible for the death of a child--from whatever means . Lance told the committee that he had experimented with 20 guns, and the Master trigger lock did not prevent him from loading and discharging the guns . Sue said that she is concerned about the false sense of security that people might have if they rely on a trigger lock, which she doesn't believe works . Sue bought a Mossberg cable lock, which she feels can be disabled very easily and quickly. Cheryl asked whether the committee would like to see a draft of an ordinance for adult responsibility. Lance said he could support such an ordinance. However, he absolutely would not want it to be limited to injury or death from firearms . Tony also stated he could be supportive of such an ordinance. Chief Gruber said he was supportive; however, he wouldn't want the committee to stop there. Lance made a motion, seconded by Alan, to have an ordinance drafted establishing adult responsibility for injury to or death of minors from any means . The motion passed unanimously. Bob Balsama, Secretary of the Elgin Rifle Club, made comments . James Krultz, 1109 Forest Drive, Elgin, said the child who was killed by a firearm had been in his class . Meeting adjourned at 9 p.m. SAFE STORAGE OF FIREARMS TASK FORCE MAY 7, 1991 The meeting was called to order by Chairman Popple at 7 : 05 p.m. in the Council Conference Room. MEMBERS PRESENT: L. S . Clemens, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue 011man, and Chairman Cheryl Popple. Charles Gruber arrived at 7 : 10 p.m. and Alan Fisher arrived at 8 : 00 p.m. MEMBERS ABSENT: Marie Yearman. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. APPROVAL OF MINUTES: Chairman Popple asked whether there were any corrections or additions to the minutes of the April 16, 1991, meeting. Hearing none, she declared the minutes approved as distributed. CONSIDERATION OF PROPOSED ORDINANCE AMENDING ELGIN MUNICIPAL CODE BY ADDING CHAPTER 10 . 66-ADULT RESPONSIBILITY Ray Merrill made a motion that discussion of the draft ordinance prepared by Assistant Corporation Counsel, Michael Gehrman, be limited to those provisions that relate to the safe storage of firearms . The motion died for lack of a second. Thereafter, the aforesaid draft ordinance was thoroughly discussed by committee members . Suggestions were made that additional definitions be included, as well as additional items to be added to the list of possible items considered dangerous in the unsupervised possession of minors . Assistant Corporation Counsel Gehrman was instructed to make changes to the draft ordinance pursuant to the general consensus of the committee. Sue 011man made a motion, seconded by Lane Lagoni, to insert in the draft ordinance the provision that any person violating the provisions of this ordinance shall be punished by a fine of not less than $200 nor more than $1000 . Yeas : Clemens, Gruber, Gudvangen, Lagoni, and Oilman. Nays : None. Abstain: Merrill . Members of the audience were given an opportunity to make comments . ANNOUNCEMENTS Chairman Popple announced that the next meeting of the Safe Storage of Firearms Task Force will be May 14, 1991, at 7 p.m. in the Council Conference Room. ADJOURNMENT Lance Lagoni made a motion, seconded by L. S . Clemens, to adjourn the meeting. The motion passed by unanimous vote. Meeting adjourned at 9 : 05 p.m. 4, 7 ./ j 4 Do onna Mecum, Ci y Clerk SAFE STORAGE OF FIREARMS TASK FORCE MAY 14, 1991 The meeting was called to order by Chairman Popple at 7 p.m. in the Council Conference Room. MEMBERS PRESENT: L. S . Clemens, Charles Gruber, Anthony Gudvangen, Lance Lagoni, Raymond Merrill, Sue Oilman, Marie Yearman, and Chairman Cheryl Popple. Alan Fisher arrived at 7 : 05 p.m. MEMBERS ABSENT: None. STAFF PRESENT: Michael Gehrman and Dolonna Mecum. APPROVAL OF MINUTES: Chairman Popple asked whether there were any corrections or additions to the minutes of the May 7 , 1991 meeting. Hearing none, she declared the minutes approved as distributed. CONTINUED CONSIDERATION REGARDING PROPOSED ORDINANCE AMENDING ELGIN MUNICIPAL CODE BY ADDING CHAPTER 10 . 66-ADULT RESPONSIBILITY Tony Gudvangen made a motion, seconded by Lance Lagoni, to amend the penalty provision approved at the last meeting to be not less than $50 nor more than $1000 . Yeas : Gudvangen, Lagoni and Yearman. Nays : Clemens, Gruber, and Merrill . Abstain: Fisher and 011man. Motion failed. Alan Fisher made a motion, seconded by Lance Lagoni, to amend the aforementioned penalty provision to be not less than $100 nor more than $1, 000 . Yeas : Fisher, Gudvangen, Lagoni, Oilman, and Yearman. Nays : Clemens, Gruber and Merrill . Motion carried. Chuck Gruber made a motion, seconded by Lance Lagoni, to remove Section 10B from the proposed ordinance. Yeas : Clemens, Gruber, Merrill, Yearman, and Popple. Nays : Fisher, Gudvangen, Lagoni, and Oilman. Motion carried. CONSIDERATION OF PROPOSED ORDINANCE AMENDING ELGIN MUNICIPAL CODE BY ADDING CHAPTER 10 . 88 TO PROVIDE FOR SAFE STORAGE OF FIREARMS/WEAPONS Chuck Gruber made a motion, seconded by Marie Yearman, that the proposed ordinance which has been discussed at the last several meetings of this committee, identified as "An Ordinance Amending the Elgin Municipal Code by adding Chapter 10 . 66 entitled 'Adult Responsibility, '" be substituted for the original proposed ordinance, identified as An Ordinance Firearms Task Force Meeting May 14 , 1991 Page 2 Amending Chapter 10 . 88 of the Elgin Municipal Code to Provide for Safe Storage of Firearms/Weapons . Yeas : Clemens, Fisher, Gruber, Gudvangen, Lagoni, Oilman, and Yearman. Nays : Merrill . Motion carried. CONSIDERATION OF PREVIOUSLY DISCUSSED EDUCATIONAL PROPOSAL A discussion was held regarding the educational aspects which had been discussed at previous meetings . It was agreed that the following motion, unanimously adopted by the committee at its April 9, 1991 meeting, constitute the committee ' s recommendation to the City Council regarding education: It is the consensus of this committee that education is an essential part of what needs to be done, and the committee recommends that the City be involved in an educational program regarding the care and safety of firearms . ADDITIONAL RECOMMENDATIONS TO CITY COUNCIL The committee is also concerned about and would like the City Council to: a. Attempt to protect or increase existing protections for children from accidents involving flammable liquids, accelerants, oxidizers and/or matches, alcohol, drugs, tobacco items, controlled substances, and poisons; b. Explore imposing parental responsibility with reference to the above, where applicable; c . Consider ordinances to increase the state statute' s penalty provisions with reference to the Child Passenger Protection Act, the All Terrain Vehicle Safety Act, and the Snowmobile Registration and Safety Act. Chairman Popple advised the committee members that each of them will receive a copy of the report prior to it being presented to the City Council, and they are to contact her with reference to any suggestions for changes . Thereafter, the matter will be placed on the Committee of the Whole agenda. Committee members will be advised of the date and time of the meeting and are encouraged to attend. Chief Gruber told his fellow committee members that he thought the task force should be congratulated on what had been accomplished. Chairman Popple thanked the committee for all the time and effort they contributed to a very difficult task. Firearms Task Force Meeting May 14 , 1991 Page 3 Comments were made by several members of the public, including the suggestion that parental responsibility with reference to animals be considered by the Council, and that jail time be added for violation of the ordinance proposed by the committee. ADJOURNMENT Lance Lagoni made a motion, seconded by Tony Gudvangen, to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 8 : 40 p.m. Do onna Mecum, City lerk Proposed ordinance on 11/28/90 Committee of Whole Agenda. Ordinance No. G90- AN ORDINANCE AMENDING CHAPTER 10 . 88 OF THE ELGIN MUNICIPAL CODE TO PROVIDE FOR SAFE STORAGE OF FIREARMS/WEAPONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the Elgin Municipal Code, 1976 as amended, be and is further amended by adding Chapter 10.95 entitled "Safe Storage of Firearms" as follows : CHAPTER ' 10.95 SAFE STORAGE OF FIREARMS 10 . 95 . 010 Purpose It is the intent of this chapter to protect the public health, welfare and safety of the public by requiring the safe storage of firearms to prevent unauthorized use. 10 . 95 . 020. Definitions : A. Firearm: "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas: excluding however; 1 . Any pneumatic gun, spring gun or B-B gun which expels a single globular projectile not exceeding . 18 inches in diameter, 2 . Any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, 3 . Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition, 4 . An antique firearm (other than a machine gun) which, although designed as a weapon, the Department of Law Enforcement of the State of Illinois finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector's item and is not likely to be used as a weapon, 5 . Model rockets designed to propel a model vehicle in a vertical direction, 6 . Air rifles as set forth in Chapter 10 . 90. B. Secured. "Secured" means to render a firearm temporarily inoperable by means of a trigger lock mechanism or by locating the firearm in a locked, enclosed container such as a safe, box, cabinet or similar item which prevents unauthorized removal or use of a firearm. 10 . 95 . 030 Safe Storage Required A. It is unlawful for any person to transport, store, place or leave a firearm which is not secured so as to prevent unauthorized removal or use. B. It is unlawful for any retail or wholesale store, business, shop or sales outlet to sell or transfer any firearm not equipped with a trigger lock mechanism. C. Any retail or wholesale store, business, shop or sales outlet which sells or transfers firearms must post in a conspicuous location at each purchase counter, in block letters not less than one inch in height and must provide the purchaser with a copy of the following notice: "It is unlawful for any person to transport, store, place or leave a firearm which is not secured with a trigger lock or placed in a locked, enclosed container so as to prevent unauthorized use. " 10.95 . 040 . Possession of loaded or uncased firearm prohibited. it is unlawful for any person to carry, possess or hold on or about his person, or within a motor vehicle, at any public place within the corporate limits of the City, any loaded or uncased firearm. 10 . 95.050. Seizure. The police shall seize any firearm used in any manner in violation of this chapter. Such firearm shall be held by the police department pending disposition of any court proceedings arising out of such violations . 10 . 95 . 060 . Exclusion. The provisions of this chapter shall not apply to law enforcement officials acting in the line of duty nor as permitted in Chapter 10 . 88 . 10 . 95 . 070. Penalty A. Any person violating the provisions of this chapter shall be fined not less than $200-. 00 nor more than $1,000.00. B. In addition to any fine that may be imposed upon conviction of violating any provision of this chapter, the court may transfer the firearm to the City of Elgin Police Department which shall dispose of the weapon in the manner provided by law. Section 2 . That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 3 . That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. George VanDeVoorde, Mayor Presented: Passed: Vote: Recorded: - Published: Attest: Dolonna Mecum, City Clerk STATE OF CONNECTICUT ENACTED Substitute Senate Bill No. 307 PUBLIC ACT NO. 90-144 AN ACT CONCERNING THE RESPONSIBILITIES OF OWNERS OF FIREARMS WITH RESPECT TO CHILDREN. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1 . (NEW) No person shall store of keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person ( 1 ) keeps the firearm in a securely . locked box or other container or in a location which a reasonable person would believe to be secure or ( 2 ) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years . Sec. 2. (NEW) ( a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 1 of this act and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years. (b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person. (c) Criminally negligent storage of a firearm is a class D felony. Sec. 3 . (NEW) (a) Each person, firm or corporation which engages in the retail sale of any firearm, as defined in section 53a=3 of the general statutes , at the time of sale of any such firearm, shall provide to the purchaser thereof ( 1 ) a trigger lock, gun lock or gun locking device appropriate for such firearm, and ( 2) a written warning which shall state in block letters not less than one inch in height: "UNLAWFUL STORAGE OF A LOADED FIREARM MAY RESULT IN IMPRISONMENT OR FINE. " (b) Each such person, firm or corporation shall conspicuously post and at all times display at each service counter the warning specified in Substitute Senate Bill No . 307 subsection ( a ) of this section in block letters not less than three inches in height . ( c ) Any person, firm or corporation which violates any provision of this section shall be fined not less than five hundred dollars for each violation. Sec. 4 . (NEW) The state board of education, within available appropriations , and the Connecticut police chiefs association may develop curriculum guides to aid local and regional boards of education in developing firearm safety programs for students in grades kindergarten to eight, inclusive , in the public schools . The state board of education shall make such curriculum guides available to local and regional boards of education. Sec . 5. (NEW) (a) Any local or regional board of education may offer firearm safety programs to ' students in grades kindergarten to eight, inclusive , in the public schools under its jurisdiction. (b) No student shall be required by any local - or regional board of education to participate in a firearm safety program which may be offered within the public schools. A written notification to the local or regional board by the student' s parent or legal guardian shall be sufficient to exempt the student from such program in its entirety or from any portion thereof so specified by the parent or . legal guardian. ( c) If a student is exempted from a firearm safety program pursuant to subsection (b) of this section, the local or regional board of education shall provide , during the period of time in which the student would otherwise be participating in such program, an opportunity for other study or academic work. Sec. 6 . This act shall take effect July 1 , 1990 , except that sections 1 to 3 , inclusive, shall take effect October 1 , 1990. • Certified as c•orrec•t by Legislative Commissioner. Clerk of►he Senate. Clerk of the House. Approved , 1990. Governor, State of Connecticut. FLORIDA LAW -NKvLLt) AS ENACTED .1-2283-59 A bill to be entitled 2 An act relating to firearms; providing • 3 legislative findings and intent; requiring 4 persons to keep firearms in a locked container, 5 another reasonably secure manner, or secured 6 with a trigger lock under certain 7 circumstances; providing criminal penalties; 8 amending s. 784.05. F.S.-; providing enhanced 9 penalties for culpable negligence in storing or 10 leaving a loaded firearm within the reach or 11 easy access of a minor; providing procedures 12 with respect to investigations and arrests; • 13 creating s. 790.175. F.S. ; requiring specified 14 warnings when firearms are sold or transferred; 15 providing a penalty; providing additional 16 penalties for crimes involving firearms: 17 prescribing a condition on sales of firearms: 18 providing penalties: defining the term "minor" 19 for purposes of this act; requiring elementary 20 and secondary schools to offer courses on gun 21 safety; providing for act to be read in pari 22 materia with certain prior acts; providing an • • 23 effective date. 24 • 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Legislative findings and intent.-- 28 (1) The Legislature finds that a tragically large 29 number of Florida children have been accidentally killed or 30 seriously injured by negligently stored firearms, that placing 31 firearms within the reach or easy access of children is CODING: Words strieteen are deletions: words underlined are additi r/ : • _ �. i:resocns:ole. encourages such acc_dents, and snouid be 2i rror._o.fed, and that legislative action is necessary to protect :ne safety cf cur cnildren. 4 ( 2) :t is the intent of the Legislature _nat adult 5 citizens of the state retain their constitutional right to 6 keep and bear firearms for hunting and sporting activities a: 7 for defense of self, family, home, and business and as 8 collectibles. Nothing in this act shall be construed to 9 reduce or limit any existing right to purchase and own :0 firearms, or to provide authority to any state or local agen. LI to infringe upon the privacy of any family, home, or busines: 12 except by lawful warrant. 13 - Section 2. (1) A person who stores or leaves, on a 14 premise under his control, a loaded firearm, as defined in 15 section 790.001, Florida Statutes, and who knows or reasonab. 16 should know that a minor is likely to gain access to the 17 firearm without the lawful permission of the minor's parent c 18 the person having charge of the minor or without the 19 supervision required by law shall keep the firearm in a • 20 securely locked box or container or in a location which a 21 reasonable person would believe to be secure or shall secure 22 it with a trigger lock, except when he is carrying the firear 23 on his body or within such close proximity thereto that he c: 24 retrieve and use it as easily and quickly as if he carried is 25 on his body. 26 (2) :t is a misdemeanor of the second degree, 27 punishable as provided in section 775.082 or section 775.083. 28 Florida Statutes, if a person violates subsection (1) by 29 failing co store or leave a firearm in the required manner a: 30 as'a result thereof a minor gains access to the firearm, 3: without the lawful permission of the minor's parent or the 2 CODING: cords serexert are deletions: words underlined are addi: 111• • • .person -aving. charge of the minor, and possesses or exnibits without the supervision required by raw: 3 (a) _: a ouoiic place: cr 4 (b) :n a rude, careless. 'angry, or threatening manner 5 in violation of section 790.10, Florida Statutes. 6 7 This subsection does not apply if the minor obtains the 8 firearm as a result of an unlawful entry by any person. 9 Section .3. Section 784.05, Florida Statutes, is 10 amended to read: 784.05 Culpable negligence.-- l2 (1) Whoever, through culpable negligence, exposes 13 another person to personal injury commits sha**-ee-gel*ty-ef 14 misdemeanor of the second degree, punishable as provided .in s 15 775.082 ors S. 775.0837-er-sT-44Sve84. 16 (2) Whoever, through culpable negligence, inflicts 17 actual personal injury on another commits she*i-be-guilty-et 18 misdemeanor of the first degree, punishable as provided in s. - 19 775.082 orr s. 775.0837-et-sT-445Te84. . 20 (3) Whoever violates subsection ( 1) by storing or 21 leaving a loaded firearm within the reach cr easy access of a • 22 minor commits; if the minor obtains the firearm and uses it t' 23 inflict injury or death upon himself or any other person, a 24 felony of the third decree, punishable as provided in s. 25 775.082, s. 775.083, or s. 775.084. However, this subsection 26 does not apply: 27 (a) :% the firearm was stored or '_eft in a securely 28 locked box or container or in a location which a reasonable 29 person would have believed to be secure, or was securely, . 30 locked with a trioger lock: 21 • 3 CODING: Words ssitekea are deletions; words underlined are addit. r • :1-2:82-59 (bt the minor cotains _ne firearm as a result __ 21 unlawful entry by any Gerson: 2 (c) To iniuries resulting from tarcet cr sport 4 shootinc accidents or huntinc accidents: or 5 (d) To members of the Armed Forces, National Guard, 6 State Militia, or to police or other law enforcement officer! 7 with respect to firearm possession by a minor which occurs 8 durinc or incidental to the performance of their official 9 duties. :0 11 when any minor child is accidentally shot by another family 12 member, no arrest shall be made pursuant to this subsection 13 prior to 7 days after the date of the shootinc. With respect 14 to any parent or guardian of any deceased minor, the 15 investigatinc officers shall file all findings and evidence 16 with the state attorney's office with respect to violations c 17 this subsection. The state attorney shall evaluate such 18 evidence and shall take such action as he or she deems 19 appropriate under the circumstances and may file an 20 information acainst the appropriate parties. 21 Section 4. Section 790.175, Florida Statutes, is 22 created to read: 23 790.175 Transfer or sale of firearms; required 24 warnings; penalties.-- 25 (1) Upon the retail commercial sale or retail transfe 26 of any firearm, the seller or transferor shall deliver a 27 written warning .to the purchaser or transferee, which warning 28 states, in block letters not less than one-fourth inch in • 29 height: 30 "IT IS UNLAWFUL. AND PUNISEABLE 31 BY IMPRISONMENT AND FINE. FOR ANY 4 As CODING: Words stricken are deletions; words underlined are addit • 41-2383-39 • ' ' • ADULT .=O STORE CR LEAVE A FIREARM - I • 2 :N ANY PLACE WITHIN .=E REACH • CR EASY ACCESS OF A MINOR." 4 ( 2) Any retail or wnolesale store, snop, or sales 5 outlet which sells firearms must conspicuously post at each 6 purcnase counter the following warning in block letters not 7 less than 1 inch' in height: "IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN 'ANY 10 PLACE WITHIN THE REACTOR 11 • EASY ACCESS OF A MINOR." 12 (3) Any person or business knowingly violating a 13 requirement to provide warning under this section commits. a • ' 14 misdemeanor of the second degree, punishable as provided in 15 775.082 or 's. 775.083. • 16 Section 5. The Department_ of Education shall develop 17 gun safety program for public education and shall submit the 18 plan to the Legislature by March 1, 1990, together with 19 proposed implementing legislation. 20 Section 6. If any law which is amended by this act wz 21 also amended by a law enacted at the 1989 Regular Session of 22. the Legislature or at the special session held on June 3, . 23 1989, all such laws shall be construed as if they had been 24 enacted by the same session of the Legislature, and full • 25 effect should be given to each if that is possible. 26 • Section 7. As used in this act the term "minor" mean: 27 any person under the age of 16. • 28 Section 8. This act shall take effect October 1, 198S 29 30 • 31 5 CODING: Words serieiten are deletions: words underlined are addi: ' r- :989-90 Legislature STATE OF WISCONSIN LRB•3327/3 BF:skg:ch CA,aor�,. .GIN — c CO. vv%. r3W � 5C-.0 � i. 1 AN ACT to renumber and amend 948.60 (2) ; and to create 17: .37, 948.55, 2 948.60 (2) (b) and (c) , 968.02 (4) and 968.07 (3) of :Its statutes, 3 relating_ to the secure storage of loaded firearms, transfer of - 4 weapons, warnings about the failure to secure loaded firearms, estab- 5 lishment of a gun safety program and providing penalties. Analysis by the Legislative Reference Bureau Under current law, with certain exceptions, any person who intention- ally sells, loani or gives a handgun or other specified dangerous weapon to a child may be fined not more than $10,000 or imprisoned or not more than 9 months or both. This bill makes various changes relating to a child's access to and use of dangerous weapons and includes provisions for new crimes and penalties, requirements for warnings, the estab_ishment of a-gun safety program and the revision of current law; NEW CRIMES AND PENALTIES This bill creates penalties applicable to any person who negligently stores or leaves a loaded firearm within the reach or easy access of a child under 16 years old if the child obtains the weapon without permis- sion and uses the weapon in certain ways. If the child uses the weapon to cause bodily harm or death, the responsible person may be fined not more than $10,000 or' imprisoned for not more than 2 years or both. If the child has the weapon in a public place or endangers someone's safety, the responsible person may be fined not more than $500 or imprisoned for not more than 30 days or both. The bill provides a variety of exceptions: a person is not liable if he or she stores or leaves the firearm in a securely locked box or con- tainer or in a secure location; if he or she uses a trigger lick; if the firearm is kept on or close to the person's body; if the firearm is obtained pursuant to an illegal entry; or if the person is a peace officer or member of the armed forces or national guard and the child obtains the firearm while the person is performing his or her duties; or if the violation involves an accident that occurs under certain types of super- vision or while in compliance with the hunter safety law. The bill adds • 1989-90 Legislature -2- LR8-3327/3 • BF:skg:ch one restriction on arrests. - -If the person who negligently stores or leaves the:. firearm - is the parent or guardian of S. child who: is acciden- tally shot, the person is not subject to arrest. until at least 7 days after the date of the shooting. Also, in those situations, the district attorney may consider the impact of the injury or death on the . parent or guardian when deciding whether the case should be prosecuted. WARNINGS The bill requires retail sellers and transferors to provide warnings about failing to secure loaded firearms when they sell or transfer a firearm. Further, shops, stores and sales outlets that sell firearms must post these warnings at each purchase counter where firearms may be purchased: Violators may be fined not more than $500 or imprisoned for not more than 30 days or both. GUN SAFETY PROGRAM By February 1, 1991, the department of natural resources must develop a plan for a gun safety program that promotes public awareness and under- standing of the safe use and storage of firearms. CURRENT LAW CHANGES • The bill revises the current provision regarding the sale, loan or gift of a handgun or other specified dangerous weapon to increase the . penalties if the child uses the weapon to cause bodily harm or death. The bill provides the same penalties and special arrest and prosecution discretion provisions that apply to negligently storing or leaving a firearm within the reach or easy access of a child. For further information see the state fiscal estimate, which will be printed as an appendix to this bill. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: • 1 SECTION 1. 175.37 of the statutes is created to read: 2 175 .37 • WARNING WHEN TRANSFERRING A FIREARM. (1) Upon the retail 3 commercial sale or commercial transfer of any . firearm, the seller or 4 transferor shall provide to the buyer or transferee the following written 5 warning in block letters not less. than one-fourth inch in height: "IF YOU - 6 LEAVE A LOADED FIREARM WITHIN THE REACH• OR EASY ACCESS OF A CHILD'YOU MAY • 7 BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY USES THE FIREARM." • 8 (2) . Any store, shop or. sales outlet that sells firearms shall con- 9 spicuously post at each purchase counter where firearms may be . purchased • 1989.90 Legislature -3- LRB•3327/3 BF:skg:ch 1 the following warning in block letters not lass than one inch in height: 2 "IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD 3 YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY USES THE 4 FIREARM." 5 (3) Any person who violates this section may be fined not more than 6 $500 or imprisoned for not more than 30 days or both. 7 SECTION 2. 948.55 of the statutes is created to read: 8 948.53 LEAVING OR STORING A LOADED FIREARM WITHIN THE REACH OR EASY 9 ACCESS OF A CHILD. (1) In this: section, "child" means a person who has 10 not attained the age of 16 years. 11 (2) Whoever negligently stores- or leaves a loaded firearm within the - 12 reach or easy access of a child is guilty of a Class E felony if all of 13 the following occur: 14 �(a) A child obtains the firearm without thj permission of his or her 13 parent Or guardian or the person having charge of the child. - 16 - (b) The child under par. (a) uses the firearm to cause bodily harm or 17 death to himself, herself or another. 18 (3) Whoever negligently stores or leaves a loaded firearm within the 19 reach or easy access of a child is: guilty -of a Class C misdemeanor if all 20 of the following occur: 21 . (a) A child obtains the firearm without the �iission of his or her 22 parent or guardian or the person having charge of the child. 23 (b) The child under par. (a) possesses or exhibits -the firearm_ in a 24 public place or in violation of s. 941.20. 25 (4)' Subsections (2) and (3) do not apply under any of the following 26 circumstances: 1989-90 Legislature .4. LRB-3327/3 . BF:skg:cn 1 • (a) The firearm is stored or left in a securely locked box or con- 2 tainer or in a location that a reasonable person would believe to be 3 secure. 4 (b) The firearm is securely locked with a trigger lock. 5 (c) The firearm is left on the person's body or in- such' proximity to 6 the person's body that he or she could retrieve it as easily and quickly 7 as if .carried on his or her body. . 8 (d) The person is a peace officer or a member of the armed forces or 9 national guard and the child obtains the firearm during or incidental to 10 the performance of the person's duties. - ' :. 11 (e) The child obtains the firearm as a result of an illegal entry by 12 any person. 13 (5) Subsection (2) does not apply ' if the bodily harm or death .14 resulted from an accident that occurs while the child is using the firearm . 15 in accordance with s. 29.227 or 940.60 (3) 16 SECTION 3. 948.60 (2) of the statutes is renumbered 948.60 (2) (a) 17 and amended to read: 18 948.60 (2) (a) Any child who possesses or goes armed with a dangerous ,19 weapon lly 3.6-144,� tur ves .20 is guilty of a Class A misdemeanor. 21 111 . A child who has violated this subsection is subject to the 22 provisions of ch. 48 unless jurisdiction is waived under s. 48, 18. 23 SECTION 4. 948.60 (2) (b) and (c) of the statutes aru created to 24 read: 25 948.60 (2) (b) Except as provided in par. (c) , any person who inten- 26 tionally sells, loans or gives a dangerous weapon to a child is: guilty of 27 a Class A misdemeanor. ie 1989-90 Legislature -5- LRB-3327/3 BF:skg:ch • 1 . (c) Whoever violates par. (c) is guilty of a Class 1: felony if the 2 child under par. (b) uses the firearm to cause death to himself, herself 3 or another. • 4 SECTION 5. 968.02 (4) of the statutes is created to read: 5 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) 6 (c) is or was the parent or guardian of a child who is injured or dies as 7 a result of an accidental shooting, the district attorney may consider, 8 . among other factors, the- impact of the injury or death on the alleged 9 violator when deciding whether to issue a complaint regarding the alleged 10 violation. This subsection does not restrict the factors that a district 11 attorney may consider in deciding .whether to issue a complaint regarding 12 any alleged violation. . 13 SECTION 6. 968.07 (3) of the statutes is created to read: 14 968.07 (3) If the alleged violator under a. 948.55 (2) or 948.60 (2) 15 (c) is or was the parent or guardian of a child who is injured or dies as 16 a result of an accidental shooting, no law enforcement officer may arrest 17 the alleged violator until at least 7 days after the date of the shooting. 18 - SECTION 7. NONSTATUTORY PROVISIONS. The department of natural re- 19 • sources shall develop a plan for a gun safety program that -promotes public 20 awareness and understanding regarding the safe use and storage of firearms 21 and shall submit the plan, together with any proposed legislation neces- 22 sary to implement the plan, by February 1, 1991, to the chief clerk of • 23 each house of the legislature for distribution to the legislature under 24 section 13. 172 (2) of the statutes: 25 (End) A " . . 2.) ENACTED State of Iowa House File 2321 The following is Section 7 of H.F. 2321, a bill which was endorsed by the National Rifle Association. 13 Sec. 7. Section 724.22, Code 1989, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION. 7. ACCESS TO LOADED FIREARMS BY CHILDREN 16 RESTRICTED -- PENALTY. It shall be unlawful for any person to 17 .store or leave a loaded firearm which is not secured by a . 18 trigger lock mechanism, placed in a securely locked box or 19 container , or laced in some other location which a reasonable 20 person would believe to be secure from a minor under the age 21 of fourteen years, if such person knows or has reason to 22 believe that a minor under the age of fourteen years is likely 23 to gain access to the firearm without the lawful permission of 24 the minor 's parent, guardian, or person having charge of the 25 minor, the minor lawfully gains access to the firearm without 26 the consent of the minor ' s parent, guardian, or .person having 27 charge of the minor, and the minor. exhibits the firearm in a 28 public place in any manner, or uses the firearm unlawfully to 29 cause injury or death to a person. This subsection does not 30 apply if the minor obtains the firearm as a result of an 31 unlawful entry by any person. A violation of this section is 32 punishable as a serious misdemeanor . Ng AGENDA SAFE STORAGE OF FIREARMS TASK FORCE MARCH 12, 1991, 7 P.M. COUNCIL CONFERENCE ROOM 1 . Call to order 2 . Roll call 3 . Introduction 4 . Discussion of committee ' s tasks 5 . Discussion of proposed meeting dates : April 9 , 16, and 23, 1991 at 7 p.m. 6 . Adjournment AGENDA SAFE STORAGE OF FIREARMS TASK FORCE APRIL 9, 1991, 7 P.M. COUNCIL CONFERENCE ROOM 1 . Call to order 2 . Roll call 3 . Approval of Minutes - March 12, 1991 4 . Discussion of accident statistics 5 . Discussion of safety ordinances previously furnished 6 . Announcements 7 . Adjournment AGENDA SAFE STORAGE OF FIREARMS TASK FORCE APRIL 16, 1991, 7 P.M. COUNCIL CONFERENCE ROOM 1 . Call to order 2 . Roll call 3 . Approval of Minutes : March 12 , 1991 - previously furnished April 9 , 1991 4 . Continued discussion of firearms safety laws previously furnished 5 . Announcements 6 . Adjournment AGENDA SAFE STORAGE OF FIREARMS TASK FORCE MAY 7, 1991, 7 P.M. COUNCIL CONFERENCE ROOM 1 . Call to order 2 . Roll call 3 . Approval of Minutes - April 16, 1991 4 . Consideration of proposed Ordinance Amending Elgin Municipal Code by Adding Chapter 10 . 66-Adult Responsibility 5 . Miscellaneous business 6 . Announcements 6 . Adjournment AGENDA SAFE STORAGE OF FIREARMS TASK FORCE MAY 14, 1991, 7 P.M. COUNCIL CONFERENCE ROOM 1 . Call to order 2 . Roll call 3 . Approval of Minutes - May 7, 1991 4 . Continued discussion regarding proposed Ordinance Amending Elgin Municipal Code by Adding Chapter 10 . 66-Adult Responsibility 5 . Consideration of previously discussed educational proposal 6 . Miscellaneous business 7 . Adjournment