DEPARTMENT: City Attorney's Office
DEPARTMENT HEAD: Andy Segovia, City Attorney
COUNCIL DISTRICTS IMPACTED: City-wide
SUBJECT:
Update regarding actions available to cities regarding firearms and gun violence.
SUMMARY:
The Public Safety Committee asked that City staff provide an update regarding actions available to cities with regard to regulating firearms and addressing gun violence. The vast majority of local-level authority to regulate guns is preempted by state law. Some action is possible in the areas of land use/zoning, and magistration and conditions of bond for arrested persons.
BACKGROUND INFORMATION:
Cities have extremely limited ability to regulate guns/firearms. Local Gov't Code Sec. 229.001 prohibits, with minor exceptions, cities from adopting regulations relating to the transfer, private ownership, keeping, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or the discharge of a firearm or air gun at a sport shooting range. However, cities may take action regarding firearms and gun use in certain areas and circumstances.
For example, since January 2017 the San Antonio Police Department emphasized addressing gun violence through the efforts of the Violent Crimes Task Force and the Texas Anti-Gang Program. The Task Force and Anti-Gang Program have collectively confiscated over 1,900 firearms in this time. The City has experienced a 26% decrease in gun-related crimes in 2018 compared to 2017 through August 1, 2018. Attached is a map detailing the distribution of gun violence citywide and a breakdown of gun-related crimes by council district for 2017 and 2018, respectively.
ISSUE:
The City can consider the following as possible areas for addressing guns/firearms:
A. Land use/zoning
Regulation of land use and zoning is specifically recognized as an available area for cities with regard to regulating firearms. The Development Services Department has worked to cre...
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