Orinda City Council To Talk About Possible Gun Storage Rules On Tuesday

August 20, 2018 10:00 am · 31 comments

The Orinda City Council on Tuesday will discuss potential options for a future ordinance to regulate gun storage within the city.

The Orinda discussion, which is also expected to touch on gun sales regulations, was prompted by a group of residents who asked the city to consider gun storage and sales ordinances after the neighboring town of Moraga approved an ordinance in February requiring owners of firearms to store them securely or use approved gun locks on them when they weren’t being used.

A first violation of the Moraga ordinance is considered an infraction; subsequent violations are misdemeanors, punishable by a fine of up to $1,000.

A similar ordinance for Orinda is one possibility, a city report says. Other options include putting off any action and monitoring the legal landscape and a later discussion of what to do, and to consider “a more significant regulatory environment in Orinda,” which could prove expensive and legally problematic, the city report says.

State law already defines “criminal storage of a firearm” as keeping or leaving a loaded firearm somewhere where the owner knows, or should know, that a minor could access a firearm without a parent’s or guardian’s permission, and where the firearm owner doesn’t take “reasonable steps” to secure those weapons.

A city staff report acknowledges and ordinance would be largely symbolic, in that police officers would not go house to house to check gun storage compliance. However, police called to a home for other reasons could consider gun storage compliance as part of another investigation.

“There is likely to be a robust public process as the city considers, amends and adopts any ordinances,” City Manager Steve Salomon said in the report.

The Orinda City Council meeting begins at 7 p.m. Tuesday in the Orinda Library auditorium, 26 Orinda Way.

Wage Slave August 20, 2018 at 10:12 AM

So if you keep a gun in your house loaded and ready to use to defend yourself, and the cops happen to search your house, they are going to fine you and or prosecute you? This seems to go directly against Heller and McDonald, and would probably open up the city to a costly lawsuit that they wouldn’t win if appealed all the way up (9th circus would probably rubber stamp it).

The state law already has this covered. If you have kids or mentally unstable or convicted felons around, your gun needs to be locked up. Beyond that, use discretion and don’t be an idiot.

Orinda should pass on this.

Nope August 20, 2018 at 10:24 AM

Oh puh-LEEZE! This is already a state law and is it really a problem in Orinda? Seems like Orinda must have some more pressing needs that this.

Yves Harlowe August 20, 2018 at 6:46 PM

Apparently, city councils and the state legislature think there aren’t enough laws constraining people who aren’t criminals, because they must know that criminals won’t obey these laws. They’re just “feel good” measures, part of the “we have to do something!” Knee jerk reactions and virtue signaling about evil, bad, nasty guns. The state of California certainly has more pressing issues than passing more gun control laws, yet every legislative session they spend a lot of time passing anti-2nd amendment laws. OK, they keep raising taxes, so that’s something, I guess.

Bill Cutting August 20, 2018 at 10:29 AM

Sounds like Stalin’s been elected to Orinda‘s city Council. I guess you’re really looking for a way to violate The constitution and peoples rights. Again the Second Amendment is clear on this it shall not be infringed I mean for real gun storage? If you’re gun is locked up and somebody breaks in your house and you had to fidget with the safe to get to your weapon don’t you think that’s hurting your response time to defend yourself and your family? I mean by all means I think a safe is good but you need a go to weapon in case somebody breaks in. Sounds like an illegal search and seizure like you’re trying to find enhancements to bust people. So you want to go into peoples houses and try to charge them if they didn’t store a gun properly that they legally purchased? But only if the police were called to the house for something else right? Why don’t you guys bust people who have illegal weapons not law abiding citizens? what a concept huh… whoever elected these people in Orinda you’re the problem. This is nothing short of police state big brother tactics I suggest the council watch the movie 1984 and Dust off a copy of the book animal Farm and give that a good read too

Rob August 20, 2018 at 11:51 AM

Exactly who doesn’t remember Stalin telling the people of Russia – please have all the guns you like but you must keep them safely stored…


Rollo Tomasi August 21, 2018 at 8:18 AM

OK Rob, like the anti-gun crowd never uses hyperbole to make a point? Need some examples?

PogueMehone August 20, 2018 at 11:36 AM

Out of curiosity – when was the last time there was a firearms-related crime in the city of Orinda? This is so important that it’s being prioritized ahead of how many other issues?

Cellophane August 20, 2018 at 11:45 AM

I don’t think this ordinance has much to do with actual gun control.

It’s like all of the other ordinances to infringe upon the Second Amendment.

Which is, by Constitutional law, not to be infringed upon.

whome August 20, 2018 at 3:53 PM

Exactly; just as Pleasant Hill did a few years ago regarding FFL’s. It’s not about the “safety” of the residents.

This is a solution to problem that does not exist…for other reasons.

Yves Harlowe August 20, 2018 at 6:41 PM

Pleasant Hill also got sued, and lost, and had to pay the plaintiffs a few hundred thousand dollars. These extra laws are not contributing to anyone’s safety, and are just harassment of law-abiding citizens who happen to own firearms. And what criminal will obey them?

Cities just need to stop with piling on of these laws.

Hank E. Panki August 20, 2018 at 11:46 AM

What is the point of a symbolic ordinance? Nothing better to do?

OTOH, wouldn’t it be great if they gave away free gun safes or at least subsidized?

Patriot August 20, 2018 at 11:51 AM

Solution looking for a problem.

Orinda residents are fools for allowing this.

BoboHead August 20, 2018 at 11:56 AM

Awesome! I’d even move to Orinda if they pass this.

Just baby steps until we can get all gun ownership banned!

Bad Nombre August 20, 2018 at 12:43 PM

Pretty sure you can already ban gun ownership in your own home without moving anywhere.

Chicken Little August 20, 2018 at 12:47 PM

So, then there is an upside to it.

JLA August 20, 2018 at 1:04 PM

So much for “no one is try to take your guns away “…… lol

Anon August 20, 2018 at 4:31 PM

No one said YOU had to own anything. But you aren’t taking my right away to own one.

Dave August 21, 2018 at 2:14 AM

If you like gun legislation then you should move to Chicago. They have some of the most strict gun laws in the country! Only 6 people were murdered there this weekend!

Willis August 20, 2018 at 12:21 PM

The anti second amendment termites never let up. When you buy a handgun you’re already required to state your safe brand and model, which I found as intrusive.

Chicken Little August 20, 2018 at 12:43 PM

Finally! It’s about time Orinda did something about all its accidental firearm deaths caused by improper storage.

Wait, what?

Jeff August 20, 2018 at 1:00 PM

He the 9th Circuit recently held open carry legal, overruling a State of Hawaii law. Liberals have taken over Orinda.

Dave August 20, 2018 at 2:39 PM

California gun legislation is pretty much always doomed to act on an emotional appeal rather than a logical one. There’s already a state law requiring safes if minors or felons are present in the home. Okay, no problem. But requiring a safe at all times even if I live alone.. who is this helping exactly? Doesn’t matter I guess because it makes anti-gun people ‘feel good’.

SB 880 from 2016 is a hilarious one. They banned bullet buttons on AR-15’s (which require a tool to eject the magazine) so now the manufacturers said the hell with it and are selling “featureless” AR15’s instead.. which are much easier and faster to reload than a rufle with a BB. In addition, the new BB’s which are perfectly legal can be turned into a standard mag release if you just cut/bend a small tab on the mag release effectively making it an ‘assault weapon’ in seconds. This wasn’t as easy with the old BB’s because you would need to at least order parts to convert it into an ‘assault weapon’. But again, it doesn’t matter that SB 880 actually makes it easier to obtain a more effective rifle because it makes the gun ignorant voter ‘feel good’ about more laws.

Grab this August 20, 2018 at 3:46 PM

All these new proposed rules only will apply to the law abiding citizens.

Marianne August 20, 2018 at 5:17 PM

Gun storage rules, hmm. I keep mine secure anyway where none of my kids could get to. Precautionary measures should be called common sense rules.

Atticus Thraxx August 20, 2018 at 7:02 PM

Kinda what I was thinking. Unfortunately common sense isn’t too common in gun debates. Both sides take ridiculous positions and then just scream at each other. And the slaughter continues unabated.

Justyfiable Languor August 21, 2018 at 8:30 AM

Your common sense rules also beg the question: Why do modern children disobey their parents? Moreso than what used to be. The gun owners I know were under voice command as children. The rifle in the unlocked case, was not touched by any one but an adult. The rifle left outside of Gemco, was not stolen. The rifle racked in an unlocked pickup truck at high school was not doomed to dissappear.

What has happened to our society?
Should I fear for my life if these youngsters take over?

FBR August 20, 2018 at 5:28 PM

Just say NO. This is just another nanny-state law to suppress the right of its law-abiding citizens to have immediate access to self-defense.

Rick August 20, 2018 at 5:45 PM

It would be interesting if home invasions increased because criminals knew these people were unable to defend themselves.

WC August 20, 2018 at 9:28 PM

More liberal craziness.

AlwaysBePositive August 20, 2018 at 11:18 PM

American children are 11 times more likely to be killed by a gun than children in other developed countries. Why try to change it?

Lou August 21, 2018 at 11:59 AM

Who are this group of residents ? How many does it take for the Orinda City Council to create a ordinance and how many to stop one?

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