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San Antonio city ordinances about Guns

Discussion in 'San Antonio' started by SA_Steve, Jun 26, 2018.

  1. tinplas

    tinplas Well-Known

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  2. yakdung

    yakdung Member

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  3. toddnjoyce

    toddnjoyce TGT Addict

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    Here is the link to the Jun 26 Public Safety Committee agenda that is the subject of the recent news stories in SA gun violence ordinances.

    Agenda item 18-4095 what was presented by the City Attorney on the subject.

    https://sanantonio.legistar.com/Mee...-5B57-437C-9F4C-637016531389&Options=&Search=

    Summary: possible solutions
    - promote gun safety awareness
    - mandatory reporting of lost/stolen gun
    - create gun/firearms sales zoning ordinances
    - turn in firearms as a condition of bond
    - incorporate gun violence prevention provisions in city contracts
    - not incentivizing projects that do not align with the City’s policies on gun safety
    - lobby the state for more local power to restrict gun owner rights.


    Here is the full text of the City Attorneys presentation

    DEPARTMENT: City Attorney’s Office

    DEPARTMENT HEAD: Andrew Segovia, City Attorney

    COUNCIL DISTRICTS IMPACTED: City-wide

    SUBJECT:
    Actions available to cities regarding firearms and gun violence.

    SUMMARY:
    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, magistration and conditions of bond, procurement, and incentives.

    BACKGROUND INFORMATION:
    Cities have very little ability to adopt actions that regulate guns/firearms. Local Government Code Section 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.

    Regulation of land use and zoning is specifically recognized as an available area for cities. The city may also adopt policies that take firearm safety and gun violence into account in its procurement process, incentive policies, and in setting the conditions of bond in the magistration of criminal cases at the detention center.

    In addition to the above, Texas Governor Greg Abbott published a School and Firearm Safety Action Plan on May 30, 2018. Within that plan there are a few possible options for the City to support or adopt. Two such potential options that the City could support are as follows:

    1. Promoting awareness of safe storage practice by promoting voluntary use of gun locks and increasing notification and awareness of the law; and

    2. Mandating that gun owners report their lost or stolen guns within 10 days, and a violation of this law is a Class C misdemeanor.

    ISSUE:
    The City can consider the following as possible areas for addressing guns/firearms:

    A. Land use/zoning
    Consider the creation of a category of land use for “gun/firearm sales” in the Unified Development Code.

    B. Bonds
    Magistrates (County and City) have the authority to post conditions of any bond before releasing a defendant from their custody. Work with the County to make as a condition of bond that any defendant that is charged with family violence and weapons charges will not be allowed to possess any weapons while out on bond.

    C. Procurement
    Develop criteria for the solicitation of discretionary contracts that could include commitments to gun safety and education, requirement that proposers abide by local, state and federal gun laws, and specific requirements for solicitations that involve the procurement of firearms for the City.

    D. Incentive Agreements
    Criteria for Economic Incentive Agreements (Tax Abatements; EDIF Chapter 380’s) can be revised to include limitations on incentivizing projects that do not align with the City’s policies on gun safety.

    E. Legislative Action
    Pursue and support legislative action (e.g. Governor’s proposal for reporting stolen guns) to broaden the City’s ability to address these issues.


    ALTERNATIVES:
    City may decide to adopt or support some, all, or none of these options.


    FISCAL IMPACT:
    None.


    RECOMMENDATION:
    Allow staff to continue investigating strategies for increased gun control at the local level, and allow staff to continue researching to determine whether the City should support any of the Governor’s recommendations in the upcoming legislative agenda.

    Here is some good commentary on the committee discussions.

    https://therivardreport.com/public-safety-committee-pushes-for-local-gun-regulations/
     
  4. BRD@66

    BRD@66 TGT Addict

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    Good! Our lege will just kick their butt with stronger preemption laws. They (the legislature) beat up on Austin routinely.
     
  5. Southpaw

    Southpaw Plague enthusiast TGT Supporter

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    Sure, because I just got charged with beating my wife up and threatening her with a pistol, but sure, I'll be a good boy now and follow your laws evermore. Can I get bailed out now? :beat:
     
  6. toddnjoyce

    toddnjoyce TGT Addict

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    Counterpoint: innocent until proven guilty.

    I can see the abuse potential due to stacking charges and am not a fan.

    If the magistrate believes (based on the prosecutor’s argument) the accused won’t follow the conditions set, then the magistrate should withhold bond.
     
  7. Southpaw

    Southpaw Plague enthusiast TGT Supporter

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    I agree, but in their minds that is not what they are thinking, their just thinking if they pass more laws it'll make the bad people good.
     

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