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Portland mayor's proposed gun-control ordinances to go before City Council on Nov. 18
Portland mayor's proposed gun-control ordinances to go before City Council on Nov. 18 | OregonLive.com
Portland mayor's proposed gun-control ordinances to go before City Council on Nov. 18 | OregonLive.com
The City Council on Nov. 18 will consider three new gun-control proposals and two changes to existing city code that Mayor Sam Adams is proposing in an effort to reduce shootings within the city limits.
Adams sought input on the proposals from community groups, local and state officials, attorneys and criminal justice experts. On Monday, Adams was putting the finishing touches on his proposals after meeting with Chief Mike Reese and deputy city attorney Dave Woboril. He joins mayors across the country who are trying to pass gun-control laws that state lawmakers would not, or could not.
"The state of Oregon has not sufficiently addressed the problems resulting from the increased availability and use of firearms in urban areas of the state, forcing cities such as Portland to enact, within the limits of Oregon state law, city code ordinances to address the threat to the public's health and safety posed by gang violence and illegal gun use," the mayor's proposed ordinance says.
The three new laws that he's proposing: A child safety law that would hold adults responsible if their gun gets into a child's hands, a theft reporting law that would penalize gun owners who don't report the theft or loss of a firearm; and an exclusion zone measure that would designate shooting hot spots in the city, and allow the city to exclude gun offenders who are on probation or under juvenile authority from entering a public area or park within the hot spot locations, unless they live in the area, go to school, obtain social services or travel through it.
The two other measures would amend city code: a special 7 p.m. curfew for juveniles who have been convicted of a gun offense, found to have possessed, purchased, used, transferred or transported a firearm unlawfully; and placing a mandatory minimum sentence of 30 days in jail for previous gun offenders found carrying a loaded gun in a public place, which includes a vehicle or on transit. This would not affect concealed-handgun license holders. Right now, the court has discretion to sentence a violator for up to six months in prison, and a fine up to $500, but it's rarely done.
A new crime of endangering a child by allowing access to a firearm would set a sliding scale of penalties from up to 10 days of jail to 30 days of jail and fines up to $500 to $1,250, dependent upon danger to community.
An adult would be guilty if he or she failed to prevent access to a firearm, whether loaded or unloaded, to a child without permission, or the permission of a parent or guardian. The penalty increases if the child carries the firearm off the gun owner's premises, and reaches the most severe penalty if the child carries the firearm to any school, school-sponsored or school-related event.
Under the proposed failure to report theft or loss of a firearm crime, a gun owner would have to report a theft or loss of a firearm within 48 hours of learning of a theft, or misplacement of a gun, and provide its description of the firearm, including serial number, to law enforcement, If not, the owner would be subject to a $500 fine. If an owner reported a gun stolen, but didn't provide the serial number, he or she would face a $200 administrative fee.
According to the mayor's proposal, the number of stolen firearms reported in the city of Portland each year since 2006, ranges from 248 to 327. And, 21.1 percent of traced guns recovered in Oregon in 2009 ended up in crimes less than two years since they were stolen.
"The short time to crime (under 2 years) for 21 percent of guns recovered in Oregon must be addressed," the mayor's proposed ordinance says.
The council would designate Illegal Firearms Use Hotspots, valid for a three-year period. They would be areas of the city where firearms-related crimes or illegal discharges for a 12-month period, within the 18 months preceding its designation is significantly higher than that for other similarly sized geographic areas of the city. A person could be excluded from the designated hotspots only as a condition of their probation, parole or duration of their juvenile court supervision following conviction of a state firearm use or possession charge, or city firearm crime.
They'd be excluded from entering a public area or park within the designated hot-spot locations, unless they live in the areas, attend school, obtain social services or need to travel through it. They'll also have a right of appeal to the code hearings officer.
Firearms advocates have been quick to challenge Adams' proposals, calling them "laughable" and a publicity stunt. When Adams first unveiled his draft proposals at the end of August, gun-rights advocates cited an Oregon law adopted in 1995 that they argue makes Adams' proposals illegal. The law says no city or other municipal district can enact civil or criminal ordinances to regulate, restrict or prohibit the sale, acquisition , transfer, ownership, possession , storage , transportation or use of firearms, or any component of firearms, such as ammunition.
But city attorneys argue that the special curfew, increased penalty for previous offenders and the exclusions would affect only people already convicted of a gun offense. They also point to another state statute that authorizes cities to regulate discharge of firearms, and to regulate possession of loaded firearms in public places.
David Kennedy, director of the Center for Crime Prevention and Control at the John Jay College of Criminal Justice, said the exclusion zones for gun violence is unique. "There's lots of research and common sense that would say that would be worth trying," Kennedy said. "Ordinary folks do not shoot people with guns. Those who do, usually have prior convictions. So it's a very intriguing idea."
Other mayors in major metropolitan cities have taken the lead in this arena. Adams earlier this year joined the coalition Mayors Against Illegal Guns, started by New York City Mayor Michael Bloomberg and Boston Mayor Thomas M. Menino. Several major metropolitan cities have adopted some of the very same proposals Adams offers.
The child access prevention law, which holds an adult responsible if a gun gets into the hands of a child, and a lost and stolen gun law, which penalizes a gun owner who fails to report the theft or loss of a firearm , are the most widespread.
The gun ordinances are scheduled to go before council at 3 p.m. on Nov. 18.
