CC Resolution 8972
RESOLUTION NO. 8972
RESOLUTION OF THE CITY COUNCIL OF THE CITY
CAMPBELL URGING THE CALIFORNIA STATE SENATE,
AND IN PARTICULAR THE SENATE CRIMINAL
PROCEDURE COMMITTEE, TO OPPOSE
AB 638 (MANDA TORY ISSUANCE OF
CONCEALED WEAPONS PERMITS)
WHEREAS, more Californians die from gun-shot wounds than in car
crashes, and in 1995, Californians purchased an average of nearly 700 handguns,
daily; and
WHEREAS, the percentage of homicides committed with guns increased
nationwide from 1985 to 1992, while other homicides decreased; and
WHEREAS, on January 31, 1996, the State Assembly passed AB 638,
which would dramatically liberalize California's carrying concealed weapons
(CCW) law by virtually eliminating the discretion of local law enforcement
officials to deny CCW permits; and
WHEREAS, AB 638 would require law enforcement officials to grant
concealed weapons permits to any adult Californian who has not yet been
convicted of a serious crime, is not a member of a street gang, is not a domestic
violence offender, and has passed a test. Persons with long criminal records, but
no serious criminal convictions, would still be eligible for CCW permits. Persons
with serious substance abuse problems, including persons convicted of driving
under the influence of alcohol or other drugs, would be eligible for concealed
weapons permits; and
WHEREAS, AB 638 would allow persons with severe mental illness to
obtain concealed weapons permits. Even those who have been institutionalized
would be eligible unless adjudicated by a court to be "a danger to others. ..or a
mentally disordered sex offender"; and
WHEREAS, AB 638 repeals the provisions in current law which grants
local jurisdictions the authority to place "reasonable restrictions or conditions" on
carrying permits. AB 638 would prohibit local communities from excluding
firearms from parks and public buildings; and
WHEREAS, in states which have passed NRA-backed CCW bills, such
as Texas, cities and private facilities, such as stores, which have sought to
exclude concealed weapons to protect the safety of their customers and employees
by posting "NO GUNS" signs, face legal challenges and boycotts; and
WHEREAS, AB 638 is opposed by the California Police Chiefs
Association, the California Sheriffs' Association, Attorney General Dan Lungren,
the California District Attorneys' Association, the California Peace Officers'
Association, and the League of California Cities; and
WHEREAS, AB 638 must now be approved by the California Senate
Committee on Criminal Procedure and the full State Senate.
THEREFORE, BE IT RESOLVED, that the City Council of the City of
Campbell strongly urges the California State Senate, and in particular the Senate
Criminal Procedure Committee, to defeat AB 638.
PASSED AND ADOPTED on the 7th day of
the following vote:
May
, 1996, by
AYES:
Councilmembers Burr, Conant, Watson, Furtado, Dougherty
NAYS:
Councilmembers
None
ABSENT:
Councilmembers
None
APPROVED:
~~
ATTEST:
~ee~