Regulating Retail Sales of Guns and Ammunition

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What's New?

On Monday, July 24, 2023 the City Council held a public hearing to consider ordinance amendments to Municipal Code and Zoning Ordinance to establish regulations for retail sale of firearms and ammunition. The video is available here. The full list of staff recommendations considered was included within the staff report linked here (see Agenda Item 9.B).

The City Council took the following actions:

Motion and second, Martinez Saballos and Espinoza-Garnica, to:

Waive first reading and introduce an ordinance amending Chapters 37 and 37A of the Municipal Code to adopt licensing and security requirements for retail establishments selling firearms or ammunition, with the friendly amendment to Section 37.35 of the Municipal Code to publish all warnings required under this section in the three most commonly used languages according to the most current U.S. Census, and to also direct staff to include an annual reporting requirement; and
Waive first reading and introduce an ordinance amending Section 31.12 of Article 31 of the Zoning Ordinance and adding Article 58 to the Zoning Ordinance to require a conditional use permit for firearms and ammunition retail sale use and to establish locational restrictions on such uses.

The motion passed 6-1 by electronic vote, with Council Member Howard opposed. The City Council Second Reading/Adoption of Proposed Ordinance is anticipated for August 28, 2023.

Background

In response to community concerns, City Council is considering new regulations for the sale of guns and ammunition within City limits. This proposal will impact all retail stores that sell these products, including sporting goods stores and gun shops. On October 24, 2022, the City Council enacted a temporary moratorium on the establishment of new retail gun and ammunition sales. The temporary moratorium is in effect until regulations are established, or until October 23, 2023.

How can I provide input and feedback?

The public is welcome to submit input in a variety of ways, including:

By email to firearm_sales@redwoodcity.org
Verbal comment at Planning Commission meeting - NOTE: This meeting was held May 2, 2023. View the recording here and the staff report here (Agenda Item 6.A.)
Verbal comment at a City Council meeting either in-person or virtually via Zoom or phone. Please see the agenda for specific details on participating in the meeting.

What is under consideration?

City Council will consider the regulation of retail sales of guns and ammunition.

Key objectives of the City ordinance under development include:

Limit exposure of unsupervised children to firearms.
Protect locations with sensitive uses – like schools, daycare centers places of worship, libraries and parks – from proximity to the sale of guns and/or ammunition.
Ensure law enforcement can confirm firearms and ammunition are securely stored and accounted for in retail establishments.
Require local City permits to open gun and ammunition retail stores.

The City ordinance under development does NOT seek to:

Ban all firearm or ammunition sales in Redwood City.
Regulate the right to own a gun or ammunition.
Regulate the right to purchase a gun or ammunition.
Regulate the right to carry a gun or ammunition.

Key Dates

Tentative timeline below, subject to change:

December 2022 - April 2023: Continued Research and Community Outreach/Feedback

April 2023: Refinement of Proposal

May 2, 2023: Planning Commission Public Hearing and Recommending Resolution Adoption (with a 10-day hearing notice). View the video here.

May 22, 2023: Staff provided an update to the City Council on the process, to date. View the video here.

June 14, 2023: Additional virtual community meeting was held Wednesday, June 14 from 6-7:30 p.m. View the video here.

July 24, 2023: City Council Public Hearing and Ordinance First Reading/Introduction (with a 10-day hearing notice and no sooner than 2 weeks following the Planning Commission Public Hearing)

August 28, 2023: City Council Second Reading/Adoption of Proposed Ordinance

30 Days After Adoption of the Proposed Ordinance: Effective date if the proposed Ordinance is adopted

Background

On October 24, 2022, the City Council voted to adopt Ordinance No. 2515 as an interim measure on an urgency basis, imposing a 45-day moratorium on the establishment of new retail uses engaged in firearm or ammunition sales. The City Council adopted the temporary Moratorium after residents, through detailed correspondence and public testimony, expressed concern that a new retail establishment engaged in selling firearms and ammunition may open a location in the City without the City having the opportunity to consider planning and zoning issues with respect to siting - for example, retailers in proximity to sensitive uses such as schools, parks, and residences, or with respect to conditional use provisions. Currently, Redwood City does not have regulations specific to firearm retailers, and so a firearm retailer is treated like any other commercial retail business.

The 45-day Moratorium was adopted to “pause”, for a short-term basis, the establishment of new firearms and ammunition retailers to allow the City time to study and analyze planning and zoning regulations governing the establishment of new retailers engaged in selling firearms and ammunition, including with respect to appropriate processes, locations, and conditions for approval and establishment of such retailers.

On November 28, 2022 the City Council adopted an Ordinance extending Urgency Ordinance No. 2515 imposing a temporary Moratorium on the establishment of new retail uses engaged in firearm or ammunition sales, to allow the City time to study and consider enactment of zoning measures for future firearm or ammunition retail uses. Extension of the temporary moratorium is until October 23, 2023, although staff anticipate that the City Council will consider policy recommendations in May 2023, and the temporary moratorium would be terminated once local regulations are adopted.

What is the purpose of extending the temporary Moratorium?

The temporary Moratorium was extended to allow the City time to study and analyze possible regulations. City staff are studying issues and options, and developing potential recommendations. Staff will then present their analysis, options, and recommendations first to the Planning Commission, and ultimately to the City Council.

The temporary Moratorium, as extended, is providing staff the time to identify the appropriate locations and process for approval of these establishments and address community concerns regarding their proximity to sensitive and neighboring land uses, as well as potential conditions to impose.

The State of California and other jurisdictions have upheld the principle to maintain temporary measures to preserve the status quo pending adoption of zoning ordinances. For example, in California, courts have rejected a request to overturn a freeze on building permits pending adoption of a zoning plan (Hunter v. Adams (1960) 180 Cal.App.2d 511), a proscription of subdivision (Metro Realty v. County of El Dorado (1963) 222 Cal.App.2d 508), or a requirement for a special permit pending the completion of studies preparatory to the adoption of a zoning ordinance (Anderson v. City Council (1964) 229 Cal.App.2d 79). Generally, these decisions have upheld the interim ordinances and moratoria as a proper exercise of the police power.

The purpose and effect of the temporary Moratorium are not to ban firearms and ammunition retailers, nor to impair anyone’s right to keep and bear firearms and ammunition, nor to impair any right to purchase or sell firearms and ammunition, nor otherwise to infringe on Second Amendment rights. Rather, the purpose and effect of the temporary Moratorium are to provide the City an opportunity to study and consider adopting new planning and zoning regulations that, if adopted, will apply to the potential establishment of firearms and ammunition retailers in the City, while temporarily pausing the establishment of such retailers in the interim.

Is a temporary Moratorium common?

Does the temporary Moratorium go beyond planning and zoning regulations related to firearm and ammunition retailers?

Are there existing firearm retailers near Redwood City?

What legal and zoning considerations are being researched and analyzed?

Staff is conducting further research and analysis of legal and zoning considerations, including:

Public policy recommendations developed by national organizations such as:
- Brady Campaign and Center to End Gun Violence
- Everytown for Gun Safety
- Giffords Law Center to Prevent Gun Violence
- National Rifle Association
- Second Amendment Foundation

Legal and zoning considerations, including:
- Research local models of policy regulation and enforcement, including considerations such as how to define sensitive receptors that might be most susceptible to the adverse effects of gun sales in particular locations
- Analyze whether the City should impose locational restrictions on new gun stores and retail establishments that sell firearms or ammunition. For example, sexually oriented businesses must be a minimum of 1,000 feet from any residential district, educational, religious and/or cultural institution or public park and 1,000 feet from another sexually oriented business
- Conduct analysis to consider whether the City should distinguish between a gun store, whose primary business is to sell guns and gun-related merchandise, and a retail establishment that primarily sells sporting goods and devotes a minor portion of the retail floor space to gun display and sales (large regional/national chains)
- Review of the City’s Zoning Ordinance to examine whether the City should consider health and safety performance standards for new gun stores and retail establishments that sell firearms or ammunition. For example, other cities require security plans, operational requirements, and high levels of perimeter construction to prevent break-ins. Some also limit business hours.
- Analyze the feasibility and merits of a Conditional Use Permit process for new gun stores and retail establishments that sell firearms or ammunition.
- Analyze the merits and feasibility of requiring background checks to be conducted on all licensees, employees and agents working for the firearms business establishment, considering (among other things) crime history, restraining orders, substance abuse and mental disorders.
Further refinement of policy recommendations after review of public input and staff research and analysis, including consideration of equity.

Resources

Community Survey Results

See survey results here.

National Organizations and Associated Research Findings

In considering regulations that would be appropriate for Redwood City, staff consulted public policy recommendations from several national organizations and associated research findings. These materials can be viewed here.

City Council and Planning Commission Quick Links

City Council Meeting July 28, 2023:

View the recording here and the staff report here (see Agenda Item 9.B)

City Council Meeting May 22, 2023:

View the recording here and the staff report here (Agenda Item 8.B.)

Planning Commission Meeting May 2, 2023

View the recording here and the staff report here (Agenda Item 6.A.)

City Council Meeting March 23, 2023

PowerPoint presentation

City Council Meeting November 28, 2022

Staff Report - Extension of urgency ordinance imposing temporary moratorium on establishment of new retail uses engaged in firearm or ammunition sales
Video of City Council meeting
PowerPoint presentation

City Council Meeting October 24, 2022

Staff Report - Adoption of an urgency ordinance imposing a moratorium on the establishment of new retail uses engaged in firearm or ammunition sales
- Urgency Ordinance No. 2515
PowerPoint Presentation

Connect with Us

Please email firearm_sales@redwoodcity.org with your feedback, questions and concerns. Thank you!