IN ALAMEDA COUNTY2012-2018
ALAMEDA COUNTYDISTRICT ATTORNEY’S OFFICENancy E. O’Malley, District Attorney
GUNS
ALAMEDA COUNTYDISTRICT ATTORNEY’S OFFICENancy E. O’Malley, District Attorney
ContentsReflections ................................................................................................................. 2
Introduction .................................................................................................................. 4
Section I: Study Outline ................................................................................. 6 Data Collection ............................................................................. 7
Section II: National Firearm Statistics ................................................... 8 Licensed Dealers in Alameda County .............................. 9
Section III: Alameda County Crime Gun Statistics ........................... 11 Gun Details by Agency ............................................................. 13
Section IV: Lost and Stolen Firearms Entered into AFS ................. 23
Section V: Alameda County Gun Statistics - Purchased/Stolen ........................................................................ 25
Section VI: Firearm Cases & Gun Enhancements Prosecuted by the District Attorney ................................. 27
Section VII: Study of Prison Inmates/Source & Use of Firearms used in Crimes .................................................... 29
Section VIII: Mass Casualty Statistics ........................................................... 31
Section IX: Proper Safety & Storage of a Firearm ............................... 32
Section X: Making a Change ......................................................................... 35 New Laws .......................................................................................... 37
Section XI: Public Awareness Campaign – Gun Safety ................... 38
Section XII: The Art of Peace ............................................................................ 42
References .................................................................................................................. 50
Reflections
page 2
Gun Statistics - Alameda County
Alameda County District Attorney Nancy E. O’Malley commissioned Assistant Chief of Inspectors Craig Chew to conduct comprehensive research covering six years of data, addressing illegal firearms in our communities, the state and the nation. The ultimate goal of this research project is to bring greater awareness to the issue of firearm violence in our communities, to re-enforce safety and safe, secure storage of legal firearms and to identify new strategies to combating firearm violence and the proliferation of illegal firearms in California and our counties. The research is data-driven and in one notable area, identifies a significant gap in the gathering and reporting that can hinder law enforcement’s ability to investigate or the prosecution’s ability to effectively prosecute illegal firearms crimes. From this research and Report, the Alameda County District Attorney’s Office will convene a Law Enforcement Strategic Summit, which will include the California Department of Justice (CA-DOJ) and federal agencies including the U.S. Department of Alcohol, Tobacco and Firearms (ATF) to discuss and develop strategies to combat gun violence in our communities and address swift and thorough data access.
It is largely opined that most firearms used in crimes are stolen. Due to data gathering and reporting gaps, identifying which firearms used in crimes are stolen is incredibly difficult and time prohibitive. Essentially, when a firearm is reported stolen, law enforcement enters that fact into the Automated Firearm System (AFS) which is maintained by CA-DOJ. The data in AFS is transmitted by CA-DOJ to the ATF.
ATF and CA-DOJ have the ability to run a query as to the number of firearms reported stolen or lost. It is through those queries that this Report can provide data on lost or stolen firearms. When a firearm used in a crime is recovered by law enforcement during the investigation of the crime, law enforcement reports and records it in the AFS database that the firearm was “recovered.” There is no field in the database to indicate that the “recovered” firearm was previously recorded as “stolen.” In fact, the category “stolen” is overridden and replaced by “recovered.” In other words, once the stolen firearm is ”recovered” even if it is used in a crime, the AFS and ATF will show the firearm simply as recovered. While AFS and ATF have historical data on each firearm in the database, it is not available to law enforcement. We are told that the only way to capture the history of the firearm is to search one firearm at a time. Understanding technological advancements, it is essential that AFS and ATF databases include queries that can capture and report to law enforcement electronically, that a ”recovered” firearm used in a crime was previously reported “stolen.” The “stolen” field should never be overridden by a more current status update.
To make this point, a Team from the District Attorney’s Office looked at every firearm used in a crime that was prosecuted by the District Attorney’s Office in 2018. We found it
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Alameda County District Attorney’s Office
shocking that we had to look up every firearm, one at a time, to determine the history and status of the firearm. The field of review included eight hundred sixty-two (862). Only four hundred thirty-two (432) – 50%, were registered in California. Only sixty-six (66) crime guns (7.6%) were registered to the individual who was arrested for the crime. The remaining four hundred thirty (430) firearms were not registered in California. There was no ability for the Team to determine if any of the eight hundred sixty-two (862) firearms, or even the four hundred thirty-two (432) firearms that were registered to an individual in California, were reported stolen or lost. This gap in data gathering and recordation is unacceptable.
Firearm trace data is a key clue for investigators in identifying firearms used in specific crimes. According to the CA-DOJ, Automated Firearms Unit, only the last in time entry (stolen v. recovered) is available to law enforcement. To go one step further, when a firearm is stolen and ultimately recovered by law enforcement, the database containing the history of the firearm being stolen will automatically drop off the system within 10 days after the gun is returned to the owner. While the complete firearm history remains stored in the DOJ-AFS database, it is not readily available to law enforcement and even when specifically requested, it is an ominous task to recover. Further, it was only through this research that this data gathering and recordation gap became known to law enforcement. It is obviously critical that law enforcement have access to the history of a firearm and how to obtain it.
Another challenge for law enforcement is that when a crime gun is not registered in the state where it was recovered, the only option for law enforcement is to trace the firearm through the U.S. Alcohol, Tobacco, Firearms and Explosives-National Tracing Center known as E-Trace. The National Tracing Center/E-Trace can provide historical data on a firearm. However, the information is also limited. Often the trace information is limited to the manufacturer, dealer record of sale and to the first purchaser. There may be times when the trace information can go further, but the data is dependent on information provided by the firearms dealers, law enforcement and the states. E-Trace will retain data provided by law enforcement. However, it is not mandatory for law enforcement to enter crime guns into E-Trace. Further, the U.S. Alcohol, Tobacco, Firearms and Explosives-National Tracing Center is barred from releasing tracing information for the purpose of research. Under the Tiahrt Amendment, the ATF and the National Tracing Center can only release tracing information to law enforcement or a prosecutor’s office in connection with a criminal investigation.
Communities plagued with gun violence need information to develop strategies and/or legislation to curb the illegal firearms in their communities. California and the Alameda County District Attorney’s Office have made illegal firearms, legal firearm purchase and safe storage of legal firearms top priorities. There is essential work to be done, particularly around data, integrity of databases and the inherent value of access by law enforcement to full firearm history.
The Alameda County District Attorney’s Office is dedicated to combating gun violence in the nation, as well as our county, a violence that has long plagued our communities. Oakland is the largest and most populated city within Alameda County. The City of Oakland has been the community most impacted by firearms and violence. Crimes involving firearms include homicides, shootings with injuries, shootings into an occupied or unoccupied home or vehicle, robbery with the use of a firearm, domestic violence and other crimes against persons. Such crimes have a significant emotional impact on our families and communities. The emotional impact devastates families by the loss of loved ones, victims left with permanent disabilities and children living in constant fear of firearm violence, thus creating adverse childhood experiences. The emotional effects impacts our future generations.
The effects of gun violence on our children is devastating. Children are our most prized commodity and the future of our country, yet in 2016 1,637 children between the ages of 0-17 died from gunshot wounds in the United States. This was a thirty percent increase from 2013. On average one in three homes with children have firearms in the residence. Most of the children are between five to 14 years of age and the presence of a loaded unsecured firearm in the home increases the risk of suicide among adolescents by four times.
The financial costs of gun violence in our communities affects the victim(s), the state and the populace of the United States. In a study “The Economic Cost of Firearm-Related Injuries in the United States” by Lee, Quraishi, Bhatnagar, Zafonte and Masiakos (2014) identified 385,769 incidents during a five-year period from 2006-2010. In these cases, the victims were treated at a hospital emergency room. The costs to treat the firearms-related injuries was over $88 billion. If the costs were translated to 2019 dollars, those same hospital visits would be over $103 billion. The conclusion of the study was that firearms-related injuries are not only a major economic burden to the American health care system but also to American society. These costs don’t include the financial burden to law enforcement and the judicial system. In a 2018 Washington Post article “The Enormous Economic Cost of Gun Violence” the article reported that gun violence costs the American taxpayer over $229 billion, this includes, medical treatment, legal fees, long-term prison costs, long-term medical and disability expenses, mental health care, emergency services, police investigations and security enhancements. When you break this down, this costs every man, woman and child nearly $700 per person whether they are a victim of gun
Introduction
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Gun Statistics - Alameda County
violence or not. Indirectly the cost of gun violence in a community can also reduce the values of housing, community investments and business growth which has broader financial implications to more than just the victim themselves.
The devastating emotional and financial effect of firearms-related crimes is felt not only by the individual victims, but by the surrounding communities and beyond. In 2016, then California Governor Jerry Brown signed California Senate Bill 1006, the California Firearm Violence Research Act. This Senate Bill funded and established the California Firearms Violence Research Center at the University of California, Davis. The purpose of this Center was to study firearms-related violence. On July 4, 2017, the University of California Firearm Violence Prevention Center opened. The Center’s purpose is to focus on the underlying causes of firearm violence and finding effective pathways to prevent it. The Center will identify individual and social factors associated with an increased risk for gun violence and its effects on individuals and communities.
There is no greater priority for the Alameda County District Attorney’s Office than the safety, security and wellness of our communities, this includes on a local level and across the nation. The purpose of this Gun Data Project is to identify how firearms progress from the manufacturer to being recovered or seized by law enforcement. The Project will attempt to identify and examine the circumstances surrounding the recovery of firearms by law enforcement and to identify opportunities to reduce the number of guns and firearms-related crimes in Alameda County.
1.7 millionchildren live with unlocked & loaded guns
Among children, 89% of unintentional shooting deaths occur in the home.
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Alameda County District Attorney’s Office
* Gun statistics from Children’s Hospital of Philadelphia Research Institute
The data collected for this project is primarily from two different sources. The first source is the criminal cases that have been or are currently being prosecuted by the Alameda County District Attorney’s Office. The following information related to firearms was obtained from court dockets and cases:
1. Lower Court Docket2. Upper Court Docket3. First and Last Name4. PFN5. DOB6. Age7. Offense 8. Resolution of the Case9. Police Report10. Agency11. Brief Fact of the Crime12. Location of Recovery (Street, City)13. Registered/Lawful Owner (+DOB)14. Type of Gun15. Caliber16. Serial Number17. Date of Registration Transaction18. Dealer Information ** (Do not obtain at this time)
Penal Code sections pertinent to firearms-related charges:
PC 417.8 EXHIBITING DEADLY WEAPON TO POLICE OFFICER TO RESIST ARREST PC 626.9 (i) POSSESSION OF FIREARMS IN UNIVERSITY BUILDINGS PC 27545 UNLICENSED SALE OF HANDGUN PC 33215 POSSESSION OF SHORT-BARRELED RIFLE/SHOTGUN H&S 11370.1(a) POSSESSION OF A CONTROLLED SUBSTANCE WITH FIREARM PC 23900 OBLITERATING THE IDENTIFICATION OF A FIREARM PC 25100(c) THIRD DEGREE CRIMINAL FIREARM STORAGE PC 25135 IMPROPER STORAGE OF FIREARM IN HOME OF PROHIBITED PERSON PC 25400(a)(1) CARRYING CONCEALED FIREARM WITHIN VEHICLE
Study Outline
SECTION I
page 6
SECTION I - Study Outline
PC 25400(a)(2) CARRYING CONCEALED FIREARM ON THE PERSON PC 25400(a)(3) CAUSING CONCEALED FIREARM TO BE CARRIED IN VEHICLE PC 25850(a) CARRYING A LOADED FIREARM IN A VEHICLE IN A CITY PC 25850(a) CARRYING A LOADED FIREARM ON ONE’S PERSON IN A CITY PC 26350(a)(1) OPENLY CARRYING UNLOADED HANDGUN PC 27545 UNLICENSED SALE OF HANDGUN PC 29800(a)(1) POSSESSION OF FIREARM BY A FELON - PRIOR(S) PC 29900 POSSESSION OF FIREARM WITH PRIOR CONVICTION PC 30600(a) FURNISHING ASSAULT WEAPON PC 30605(a) POSSESSION OF AN ASSAULT WEAPON PC 32625(a) POSSESSION OF A MACHINE GUN PC 626.9(b) POSSESSION OF A FIREARM IN A SCHOOL ZONE
Examples of the databases to be used are:
1. ACDA’s Office Scanning Database2. AFS3. CRIMS4. DALITE5. LEAP6. OPD7. BEAST (Property and Evidence Data Base)
It should be noted that not all crimes in which a firearm was used, such as homicide, assault with a deadly weapon, armed robbery and brandishing a firearm, means that a firearm was recovered. In these types of crimes, law enforcement may not immediately apprehend the individuals responsible and the firearm is not recovered. However, where the firearm is recovered, additional charges or enhancements related to the firearm are reflected in the arrest and docket history.
The second source of general information was collected from the California Department of Justice (DOJ) - Bureau of Firearms. The statistical data from the California Department of Justice - Bureau of Firearms is collective data for all law enforcement agencies within Alameda County and the State of California for comparison purposes. The statistical data obtained from the California Department of Justice - Bureau of Firearms was narrowed to the number of firearms entered into the Automated Firearms System under Crime Guns, Stolen, Lost, Recovered and Dealer Record of Sales, from 2012 through 2018 in Alameda County.
Data Collection
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Alameda County District Attorney’s Office
National Firearm Statistics
SECTION II
According to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as of January 2018, there are 80,010 listed Federal Firearms Licensed Dealers in the continental United States and Alaska. In California, there are 3,002 listed Firearms Licensed Dealers and of that, there are only 38 in Alameda County. The ATF also reports that from 2012 through 2016, companies in the United States manufactured 49,330,130 firearms and from 2012 through 2017 the United States imported 27,569,635 firearms for a total of over 76 million firearms. These statistics reflect the number of firearms for the American consumer and domestic law enforcement, and exclude firearms manufactured for the U.S. Military. (ATF, 2019)
In order to purchase a firearm in California, the Federal Firearms Licensed Dealers (FFL) must conduct a background check on the purchaser. As part of the background check, the purchaser’s information is run through the FBI’s National Instant Criminal Background Check System. This system was established for the FFL’s. According to the FBI’s NICS System, from January, 2012 through March 2019, there have been 170,615,748 background checks to purchase firearms in the United States. (FBI, 2019)
According to a study conducted by Flower, Dalberg, Haileyesus, Gutierrez and Bacon (2017), “On average from 2012 to 2014, nearly 1,300 children died each year in the United States from a firearms related injury”. “Fifty-three percent of these were homicides and thirty-eight percent were suicides, six percent were unintentional firearms deaths, and the remaining three percent were due to legal intervention and undetermined intent” (p. 5). The impact of gun violence among our youth continues to rise. In 2016 1,637 children between the ages of 0-17 died from gunshot wounds in the United States. This was a thirty percent increase from 2013. Studies show that a component of the increase is that children have immediate access to a firearm. On average one in three homes with children have firearms in the residence. Most of the children are between five to 14 years of age and the presence of a loaded unsecured firearm in the home increases the risk of suicide among adolescents by four times. The emphasis should be placed on gun owners to properly secure their firearms.
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SECTION II - National Firearm Statistics
0 2 4 6 8 10 12
San Lorenzo
San Leandro
Newark
Livermore
Hayward
Fremont
Dublin
Castro Valley
Alameda 1
1
1
3
4
8
7
11
2
Federal Firearms Licensed Dealers in Alameda County
A 2012 study conducted by the Alameda County District Attorney’s Office traced the origin of 179 crime guns. It was found that federal firearms license dealers in Alameda County were the origin for 17% of the guns. Sacramento and Santa Clara Counties were the origin of 4.46% of the guns; Los Angeles County was the origin of 3.91% of the guns; and Contra Costa County was the origin of 2.79%. These counties are referred to as the source counties for the crime guns.
Based on the data collected, we also determined that Nevada and Texas were the two highest source states with 4.4%, followed by Arizona with 2.7% of the crime guns coming from outside the State of California.
In the study, the firearms tracing showed the top two firearms dealers were Traders Sports with 15 crime guns and Big 5 Sporting Goods with 11 crime guns. Of the guns sold by Big 5 Sporting Goods, six of these crime guns were sold in Alameda County locations, four were sold at other Big 5 California stores outside of Alameda County, and one was sold in a store in another state.
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ 2018 list of Federal Firearms License Dealers (FFL), Alameda County has 38 dealers. The number of dealers are listed by cities below:
Number of Federal Firearms Licensed Dealers in Alameda County
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Alameda County District Attorney’s Office
YearAll Agencies (including
Alameda County)Alameda County
AgenciesOverall Percent
Compared to Statwide
2012 371,111 6,446 1.76%2013 403,426 7,454 2.04%2014 879,040 19,320 2.02%2015 831,075 18,494 2.27%2016 1,264,723 29,850 2.41%2017 829,519 19,512 2.40%2018 458,732 9,430 2.05%
Dealer Record of Sales for the Number of Firearms Sold in Alameda County Compared to the State of California Overall Sales
According to the California Department of Justice (DOJ) - Bureau of Firearms, Alameda County has a relatively small amount of purchased handguns compared to the rest of the State of California.
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SECTION II - National Firearm Statistics
More than 237,000 guns nationwide were reported stolen to the National Crime Information Center in 2016.*
INCREASE IN STOLEN WEAPONS
REPORTED TO THE fbi. 68% sINCE 2005, THERE HAS BEEN A
* Gun statistics from Nation and World, “Analysis: Lost, stolen guns used thousands of crimes.” 12/1/2017 Katie Wilcox, AP
SECTION III
Alameda County Crime Gun Statistics
In 2012, the Alameda County District Attorney’s Office conducted a study on firearms-related crimes in the County. A portion of the study focused on gun dealers. In this study, it was determined that 15 of the 179 firearms tracked were sold through Traders Sports in San Leandro, California. This number represented the largest single number of sales associated with one firearms dealer. According to a report written by the Brady Center to Prevent Gun Violence, titled “Trading in Death, Profile of a Rogue Gun Dealer”, Traders Sports was the second largest supplier of crime guns in the nation. In 2000, 46% of the guns used in crimes recovered in the City of Oakland were sold through Traders Sports. In 2005, 447 guns used in crimes nationally were traced to Traders Sports in San Leandro, meaning that law enforcement was recovering more than one crime gun per day traced to Traders Sports. Of those 447 crime guns, 279 were recovered in the San Francisco Bay Area. The remaining 168 firearms were recovered outside the area or nationally. Ultimately, in 2006, Traders Sports did not contest the revocation of their federal firearms license and closed their doors. However, six years after Traders Sports closed, crime guns are still being recovered that were purchased at that store. The lasting effects of a bad gun dealer can be felt for decades.
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Alameda County District Attorney’s Office
0
200
400
600
800
1000
1200
1400
1600
2012 2013 2014 2015 2016 2017 2018
Total # of Firearms entered into AFS classified as a Crime Gun Actual # of Crime Guns Associated with a Criminal Case
782
1,206
540
547
1,361
1,296
769
1,000
881
1,094
941
788 862
787
Crime Guns in Alameda County
Note: Crime Guns are classified as such because they are confiscated or seized by law enforcement. The reason for such action could be the result of an arrest, a crime, a suicide, or seized and/or turned in by someone due to an event such as a restraining order, a police call, or a person was prohibited from possessing firearms. Thus, not all guns classified as crime guns have been used in a crime. The phrase in Penal Code section 11108.3 referring to firearms “used in a crime, or are suspected of being used in a crime,” does not account for Crime Code 0098 (found) and 0914 (suicide) and 0915 (attempted suicide), and several other codes referencing circumstances where crimes could not be charged. Nevertheless, the purpose of entering these firearms into the database is for ATF trace purposes.
According to the California Department of Justice (DOJ), from the years 2012 through 2018, Alameda County law enforcement agencies recovered an annual average of 1,114 crime guns. However, of these only 758 were related to a specific crime. When a law enforcement agency recovers a firearm that was related to a suicide, attempted suicide or other non-criminal matter, and the gun was taken for safekeeping, it is considered a crime gun for entry purposes.
SECTION III - Alameda County Crime Gun Statistics
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0
10
20
30
40
50
60
70
80
2012 2013 2014 2015 2016 2017 2018
67
41
2 2 2 2 2 1 2
10 9 94
85
8
Alameda County Sheriff’s Office
55
27
36 3530
25 26
53
41
2018
28
Stolen Lost Cases Recovered
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Alameda County District Attorney’s Office
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns
Gun Details by Agency - Alameda County
Recovering lost and stolen firearms is certainly a priority of law enforcement. The following graphs reflect the number of firearms entered into the California Department of Justice (DOJ) - Bureau of Firearms, Automated Firearms System as lost and stolen firearms. The graphs are broken down individually by cities, years, stolen, lost, cases and recovered firearms. The intent of this section is to enable the reader to determine the number of lost, stolen and recovered crime guns in particular cities.
“Crime guns” is a general term used to discuss firearms recovered by law enforcement that are not considered to be lost or stolen. These guns are seized by law enforcement in criminal cases or as a result of a crime, restraining order, suicide, attempted suicide, or found.
Note: The data contained in these graphs reflect the number of firearms entered into the Automated Firearms System as stolen and lost by the respective agencies and the year. It is important to point out that in some cases, multiple firearms were stolen in a single case. It is also important to note that the number of recoveries is specific to the firearms that were reported in these particular years, not to the case.
“Cases” refers to a reported incident when a case is opened with a police report number.
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
2012 2013 2014 2015 2016 2017 2018
Albany Police Department
3 3 3
2 2 2
3
4
1 1 1
0 0 0 0 0 0 0 00
Stolen Lost Cases Recovered
Alameda Police Department
0
2
4
6
8
10
12
14
16
18
2012 2013 2014 2015 2016 2017 2018
14 14 14
11 1111
1615
7 76 6
8
01 1
4
1 1
3
0 0 0 0
8 8
2 2
Stolen Lost Cases Recovered
SECTION III - Alameda County Crime Gun Statistics
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Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
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Berkeley Police Department
0
5
10
15
20
25
2012 2013 2014 2015 2016 2017 2018
20
18
14
10 10 10
8
4
0 0
9
22 2
3 3 31 1 1
11 11
5 67
17
14
4
Stolen Lost Cases Recovered
0
2
4
6
8
10
12
14
16
2012 2013 2014 2015 2016 2017 2018
Dublin Police Department
7 766 6 6
21 1 1 1 1 1 1
0 0 0 0
12
15
10
5
8 8
3 334
Stolen Lost Cases Recovered
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Alameda County District Attorney’s Office
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
SECTION III - Alameda County Crime Gun Statistics
page 16
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
Emeryville Police Department
0
2
4
6
8
10
12
2012 2013 2014 2015 2016 2017 2018
6 6
0 0 0 0 0 0 0 0 0 0 0
2
11 11
5 54 4 4
1 1 1
3 3 3 3
Stolen Lost Cases Recovered
0102030405060708090
100
2012 2013 2014 2015 2016 2017 2018
Fremont Police Department
32
23
2 6
18 1816 16 16
1 1 1 1
48
22
7 75 5
89
26 2630
82 0
103
Stolen Lost Cases Recovered
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Alameda County District Attorney’s Office
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
0
10
20
30
40
50
60
70
80
2012 2013 2014 2015 2016 2017 2018
Hayward Police Department
69
1
25
12
44
2 2 2 2
40
7
35
10
29
12
4237
5
35 35
10
34
0
23
43
4
15
7
Stolen Lost Cases Recovered
0
5
10
15
20
25
30
35
40
45
Livermore Police Department
16
0 0 0 02
4 4
18
13
3 3 3 3 3
29
118
40
17
6
18
13
17
13
27
9
15
2012 2013 2014 2015 2016 2017 2018
Stolen Lost Cases Recovered
Oakland Police Department
0
20
40
60
80
100
120
140
160
2012 2013 2014 2015 2016 2017 2018
141
0 0 0 0 0
110
24
113
91
18
130
89
12
108
1
95
14
112
1
76
11
82
58
6
7362
2
Stolen Lost Cases Recovered
Newark Police Department
0
10
20
30
40
50
60
2012 2013 2014 2015 2016 2017 2018
48
1
118 7 7
0 0 0 0 0 03
24
8
2
13
7 75 6
2
7 6 62 3 1
Stolen Lost Cases Recovered
SECTION III - Alameda County Crime Gun Statistics
page 18
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
0
0.5
1
1.5
2
2.5
3
3.5
2012 2013 2014 2015 2016 2017 2018
Piedmont Police Department
2 2
0
1 1 1 1 1
3 3
Stolen Lost Cases Recovered
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Alameda County District Attorney’s Office
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
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Pleasanton Police Department
02468
101214161820
2012 2013 2014 2015 2016 2017 2018
9
2 2 2 2 2
8
1 1 1 1 1 10 0
7 7
19
4 4
15
87
11
8
14
2
6
Stolen Lost Cases Recovered
05
101520253035404550
2012 2013 2014 2015 2016 2017 2018
San Leandro Police Department
30
3 3 32 2 2
7
44
38
10 10
27
4
23
36
22
5
18
1 1
17
34
11
25 24
8
23
Stolen Lost Cases Recovered
0
5
10
15
20
25
2012 2013 2014 2015 2016 2017 2018
Union City Police Department
21
1 1 1
18
4 4 4 4
14
11
3
0 0 0 0 0 0
10
7 7
14
23 3
23
9
2
Stolen Lost Cases Recovered
SECTION III - Alameda County Crime Gun Statistics
page 20
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
0
0.5
1
1.5
2
2.5
3
3.5
2012 2013 2014 2015 2016 2017 2018
East Bay Regional Parks Police Department
2 2 2 2
3 3
Stolen Lost Cases Recovered
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
2012 2013 2014 2015 2016 2017 2018
BART Police Department
2 2 2 2 2
3 3 3
1 1
4
0 0 0 0 0
Stolen Lost Cases Recovered
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Alameda County District Attorney’s Office
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
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SUICIDE
HOMICIDE
other
92 5832
2On average
people are killed with guns every day*
it’s not all crime
*America’s gun problem, explained.
0
0.5
1
1.5
2
2.5
2012 2013 2014 2015 2016 2017 2018
California Highway Patrol
1 1 1 11 1 1 1
2 2
0 0 0 00 0 0 0 0 0
Stolen Lost Cases Recovered
SECTION III - Alameda County Crime Gun Statistics
page 22
Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued
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SECTION IV
page 23
Alameda County District Attorney’s Office
All Agencies (including Alameda County) Alameda County Agencies
0
500
1000
1500
2000
2500
2012 2013 2014 2015 2016 2017 2018
Lost and Stolen Firearms Entered into the Automated Firearms System
Lost and stolen firearms are a serious problem locally and nationally. From 2012 through 2018, 11,007 firearms were reported lost in California, with an average of 1,572 per year. In that same time period, the California DOJ reported that 94,456 firearms had been stolen, with an average of 13,493 a year. This is why proper and secure storage of firearms is so important, not only to safeguard the firearms in the homes from children, but also to prevent them from being stolen.
Effective January 1, 2019, California Penal Code section 11108.2 requires law enforcement agencies to enter any lost or stolen firearms into the Automated Firearms System within seven days of the agency obtaining the information. Identification by law enforcement agencies of a firearm as lost or stolen is critical to the agencies’ investigations. Based on the data provided by the California Department of Justice, Alameda County is below the state average for lost and stolen firearms entered into the Automated Firearms System.
Guns Lost Alameda County and Statewide
1,26
3 1,416
1,277 1,4
91 1,6
87 1,9
89
1,88
4
1618
22
46
32
3046
Lost Overall Percent Compared to Statewide
2012 1.26%2013 1.27%2014 1.70%2015 3.08%2016 1.89%2017 1.50%2018 2.44%
page 24
24,2
96
12,0
33
10,8
63
11,8
38
12,3
99
12,2
66
10,7
61
457
363
379
367
381
283
326
0
5000
10000
15000
20000
25000
30000
2012 2013 2014 2015 2016 2017 2018
All Agencies (including Alameda County) Alameda County
Guns Stolen Alameda County and Statewide
stolen Overall Percent Compared to Statewide
2012 1.88%2013 3.01%2014 3.48%2015 3.10%2016 3.07%2017 2.30%2018 3.02%
SECTION IV - Lost & Stolen Firearms Entered into AFS
are killed or receive emergency treatment for gunshot wounds
19EVERY DAY.
children
of children killed with guns in 2015 were under the age of 12.*
75%
* Gun statistics from Children’s Hospital of Philadelphia Research Institute
SECTION V
page 25
Alameda County District Attorney’s Office
Alameda County Gun Statistics - Purchased/Stolen
Percent of Guns Stolen Compared to Number Purchased
What this data reveals is that Alameda County is consistently above the state average in lost/stolen guns. In the six-year period 2012-2018, Alameda County has an average of 2.68% of lost/stolen firearms vs. purchased, compared with a state average of 2.33%.
Purchased by
Lost/StolenDealer Record
of Sales
Alameda County Res idents
outs ide the
County1
Lost/StolenDealer Record
of Sales
2012 473 6,446 3,785 25,086 364,665 2013 381 7,454 2,777 13,068 395,972 2014 401 19,320 5,750 11,739 859,720 2015 413 18,494 3,257 12,916 812,581 2016 413 29,850 3,380 13,673 1,234,873 2017 313 19,512 2,479 13,942 810,007 2018 372 9,430 1,832 12,645 458,772
Alameda County California
Years
page 26
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2012 2013 2014 2015 2016 2017 2018
6,4467,454
19,320 18,494
29,850
19,512
9,430
Guns Purchased - Alameda County
Guns Stolen - Alameda County
0
50
100
150
200
250
300
350
400
450
2012 2013 2014 2015 2016 2017 2018
457
363 379 367381
283
326
SECTION V - Alameda County Purchased/Stolen
SECTION VI
page 27
Alameda County District Attorney’s Office
Firearm Cases & Gun Enhancements Prosecuted by the District Attorney’s Office
Often our prosecutors will add criminal enhancements to cases where a firearm was used as an instrument of the crime. In most circumstances, the case involves great bodily injury (GBI) or death. The enhancements will add incarceration time to an individual’s sentence.
12022.53(b) SPECIAL ALLEGATION - PERSONAL USE OF A FIREARM
SPECIAL ALLEGATION - PRINCIPAL’S USE OF A FIREARM - GANG CASE
12022.53(c) SPECIAL ALLEGATION - PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM
SPECIAL ALLEGATION - PRINCIPAL’S INTENTIONAL DISCHARGE OF A FIREARM - GANG CASE
12022.53(d) SPECIAL ALLEGATION - PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, GBI
SPECIAL ALLEGATION - DISCHARGE OF FIREARM, GBI - Penal Code §246
From our research, we discovered that the overwhelming majority of prosecuted cases in our county are from handgun-related incidents. Handguns are more accessible and concealable than the other types of guns listed.
page 28
0
100
200
300
400
500
600
700
800
Handgun Rifle Shotgun Assault Weapon
2012 2013 2014 2015 2016
692
45 63
3934 22 2439 39 2041
48
2126 22 10
381
456
550
456
Gun Types in Cases Prosecuted by District Attorney’s Office
1. The column is the number of firearms purchased outside of Alameda County by Alameda County residents.
For the purposes of this report, the following numbers of cases were charged with Gun Enhancements for
the appropriate years.
0
50
100
150
200
250
300
2012 2013 2014 2015 2016 2017 2018
Cases
230
282
197
224
169
198175
SECTION VI - Firearm Cases & Gun Enhancements
SECTION VII
page 29
Alameda County District Attorney’s Office
Study of Prison Inmates/Source and Use of Firearms Involved in Crimes
In January 2019, the U.S. Department of Justice, Office of Justice Programs/Bureau of Justice Statistics, (Glaze, 2019) released a report which studied the Source and Use of Firearms Involved in Crimes. The research data was collected from an estimated 1,421,700 State and Federal inmates in 2016. Of these inmates, 40,100 did not participate in the study leaving 1,381,600 individuals who participated in the research. 1,094,200 individuals were excluded from this study because they were not armed with a firearm during their crimes. In this 2016 study, the researchers interviewed individuals who were incarcerated for firearms-related crimes in both State and Federal facilities (287,400 persons). In other words, these individuals used a firearm or were armed during the commission of the crimes for which they were convicted. The target population for this study were individuals convicted and awaiting sentencing, or individuals already sentenced in 2016 to either State or Federal Prison. The sampling of this study spanned 1,808 State Prisons and 193 Federal Prisons.
The study determined that one in five (20.8%) individuals were incarcerated for firearms-related crimes and more than one in eight (13%) of the individuals brandished or discharged a firearm during the offense for which they were incarcerated. The study also found 56% of the inmates stole the firearm, 6% found the firearm at a crime scene, and 43% obtained the firearm from the underground market.1 Only 1.3% actually purchased the firearm legally from a licensed firearms dealer and had it registered under their own name.
The most disturbing information determined from this study was that 77,598 (27%) of the individuals who possessed a firearm during their crimes committed homicide with the firearm; 34,488 (12%) of the individuals injured someone with the firearm; and 20,188 (7%) of the individuals fired the weapon, but did not injure anyone. In total, 112,086 (39%) individuals discharged the firearm and caused injury or death. The researchers went on to determine that nearly half of the state prisoners (46%) discharged the firearm in the course of the crimes for which they are incarcerated, whereas only 12% of the federal prisoners did.
1 Definition: The study defined the underground market as illegal sources of firearms that include stolen goods, middlemen of stolen goods, criminals or criminal enterprises, individuals or groups in sales of illegal drugs.
page 30
0
50,000
100,000
150,000
200,000
250,000
Homici
de
Rape/S
exual
Assau
lt
Robbery
Assau
lt
Other
Viole
nt
Property
Drug
Public O
rder
Other
Unknow
n
# Inmates who committed the crime % had a gun when committing crime % used the gun
No
dat
aN
o d
ata
No
dat
a
191,4
00
43.6
%
37.2
%
0.8
%
31.5
%
20.6
%
12.6
%
2.0
%
0.8
%
5.6
%
2.0
%
43.3
%
25.0
%
17.0
%
4.9
%
8.4
%
21.5
%
4.3%
144,
80
0
149
,60
0
149
,40
0
32,2
00
186
,100
180
,80
0
158
,30
0
3,9
00
14,9
00
State Inmates
Federal Inmates
Homici
de
Rape/S
exual
Assau
lt
Robbery
Assau
lt
Other
Viole
nt
Property
Drug
Public O
rder
Other
Unknow
n
# Inmates who committed the crime % had a gun when committing crime % used the gun
010,000
30,000
50,000
70,000
90,000
No
dat
aN
o d
ata
No
dat
a
No
dat
aN
o d
ata
No
dat
aN
o d
ata
No
dat
a
3,8
00
1,36
4
1,079
2,40
0 10,7
00
4,9
54
3,43
5
2,9
00
841
525
1,20
0
409
12,0
00
80,5
00
52,9
00
15,9
762,
804
1,80
0
2,20
09,90
2
483
312
SECTION VII - Study of Prison Inmates
SECTION VIII
Mass Casualty Statistics
page 31
Alameda County District Attorney’s Office
During the time period of this report, from 2012 through 2018, Active Shooter incidents have risen steadily. These incidents have threatened the safety of our communities and nation. The Federal Bureau of Investigation reports that from 2012 through 2018, there have been 155 incidents nationally that resulted in 532 persons killed and 1,146 injured for a total of 1,679 casualties. That is nearly two Active Shooter incidents a month somewhere in the United States. The statistics are particularly sobering, when California is compared to the rest of the United States. California has the most Active Shooter incidents in the United States, with a total of 31 since 2000 and 17 during this reporting period. Florida is next, with 24 incidents, followed by Texas with 17 incidents since 2000.
Sadly, Alameda County is not immune to an Active Shooter. In 2012, a former student walked into the Oikos University in the City of Oakland, shot and killed seven people and injured three others. This was the deadliest mass shooting in city and county’s history.
In a 2018 study conducted by Garen Wintermute, the Director of the California Firearms Violence Research Center, titled “How to Stop Mass Shootings”, he outlines actions to prevent firearm violence: improve background check policies, require background checks for private-party transfers, require states and local agencies to report prohibiting events, fully implement the existing background-check requirements, clarify definitions of prohibiting events and strengthen enforcement efforts.
people532 havebeenkilled
in Active Shooter incidents since 2012
SECTION IX
page 32
Proper Safety & Storage of a Firearm
In California, firearm safety starts before a person is able to purchase any type of firearm. Prior to purchasing a firearm, an individual must complete a firearm safety course and receive a “Firearm Safety Certificate,” known as an FSC. In order to obtain the FSC, an individual must pass a California Department of Justice (DOJ) written test on firearm safety administered by a DOJ Certified Instructor. This is mandatory under the law. California Penal Code section 26840 (a) provides:
A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement.
The California Department of Justice Bureau of Firearms has published a study guide for the Firearms Safety Certificate. The study guide can be located on-line at the following link:
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscsg.pdf
The study guide covers topics including safe and responsible firearms ownership, firearm safety rules, safe storage laws, safe handling of firearms, ammunition, firearms laws regarding sales and transfer of ownership and other pertinent information regarding firearms.
When an individual purchases or transfers the ownership of a firearm through a Federal Firearms Licensed Dealer, the individual is required to have a firearm safety device. This locking mechanism must be listed on the California Department of Justice Firearm Safety Device Roster. California Penal Code section 23635 (a) provides:
Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.
Safety
SECTION IX - Proper Safety & Storage of a Firearm
page 33
Alameda County District Attorney’s Office
Storage
Proper storage of a firearm is required under California Penal Code sections 25100 and 25105. Any owner of a firearm shall keep the firearm in a locked container or in a location that a reasonable person would believe to be secure. The intent of these laws is to prevent access by children to firearms. However, an owner should also properly secure the firearm to prevent theft.
The following laws regulate the proper storage of a firearm in California:
PC 25100 Criminal Storage of a Firearm
PC 25105 Exceptions to Criminal Storage of a Firearm (PC 25100)
PC 25120 Criminal Storage of a Firearm by parent/guardian of child injured or killed as a result of accidental shooting
PC 26835 Firearms Dealers must post safe storage and safety information
The California Department of Justice has made recommendations on the standards for gun safes to help gun owners properly secure their firearms. The recommendations are located at the following link:
https://oag.ca.gov/firearms/gunsafe
Several states have some form of safe storage laws
Some states limit safe storage laws to where children are likely to have access
MA requires all firearms be stored with a lock in place
CA, CN, NY impose requirements in limited circumstances
There are no federal laws requiring gun owners to safely store their guns
A roster of California Department of Justice certified firearms safety devices can be found at the following link: https://oag.ca.gov/firearms/fsdcertlist
page 34
Proper storage of a firearm is not limited to a residence. It is also important to properly secure the firearm when transporting it in a vehicle. Under California Penal Code section 25140, subdivisions (a) through (f), it is the responsibility of the person transporting the handgun to properly secure it when leaving the vehicle unattended. A person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk; secure the handgun in a locked container and place the container out of plain view; lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view; or lock the handgun in a locked toolbox or utility box. The handgun may be secured in the trunk of the vehicle; however, the trunk must be fully enclosed and locked as the main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment.
Law enforcement officers leaving a handgun in an unattended vehicle are also subject to this law. Officers have a higher ethical responsibility to properly secure their handguns and have a duty to their communities to adhere to this law.
Alameda County is consistently above the state average in lost/stolen guns. According to data for the period 2012 through 2018, for the number of firearms purchased in Alameda County, an average of 2.68% of those guns were later reported lost or stolen, as compared to the state average of 2.33%. Proper storage can reduce the number of lost and stolen firearms within our communities.
SECTION IX - Proper Safety & Storage of a Firearm
SECTION X
page 35
Alameda County District Attorney’s Office
In 2018, District Attorney O’Malley and her staff identified areas in existing law which could be improved to reduce the number of crime guns and keeping them out of the wrong hands. Working with members of the California Legislature, the Alameda County District Attorney’s Office proposed specific legislation to remedy these areas. Below are those proposed legislation changes:
Penal Code section 25140 subdivisions (a) through (f):The law as currently written mandates the proper storage of a “handgun” in an unattended vehicle. The law requires that both civilians and peace officers properly secure their “handgun(s)” when leaving the vehicle unattended. Persons must lock their “handgun(s)” in the trunk of the vehicle or a locked container within the passenger compartment of the vehicle. The locked container must also be out of plain sight when left in the passenger compartment of the vehicle unless it is permanently attached to the vehicle.
The following are the areas where this law can be reinforced:
1. First, this law only addresses “handgun(s).” This law does not address rifles, shotguns or assault weapons. Rifles, shotguns and assault weapons are common types of weapons that law enforcement use on a daily basis. Additionally, law abiding citizens also transport their rifles and shotguns in a vehicle.
2. Second, the law states only that “when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box”.
However, securing the handgun in a locked container out of view does not address the issue completely. If an individual breaks into the vehicle and steals the container, ultimately the individual will be able to access the firearm. The law needs to go further. If a locked container is not permanently attached to the vehicle, it should be cable locked to the frame of the vehicle.
Making a Change
District Attorney Nancy E. O’Malley is a member of the national Prosecutor’s Against Gun Violence (PAGV). Public safety is District Attorney O’Malley’s number one priority. On the issue of crimes and gun violence, she endeavors to enhance our existing laws and draft sensible legislation that will further the effort to protect our communities.
page 36
3. Third, the law states that an individual can simply lock the handgun in the trunk of a vehicle. However, most trunks are easily accessible through the passenger compartment of the car by one of two ways. For most passenger vehicles, the back seat folds down by simply unlatching it, providing access to the trunk. The trunk is also easily accessible by utilizing the remote trunk release button in the passenger area. Most auto burglars are aware of these features and utilize them often, providing the burglar access to anything that is in the trunk area of the vehicle including the handgun.
Proposed ChangesSolution: This law should change the wording to include “rifles, shotguns or assault
weapons” or simply change in the wording to “any firearm”.
Solution: The law should require an individual to use a cable or chain and a credible padlock to secure the firearm or lock box to the frame of the vehicle when locking the firearm in the passenger compartment of the vehicle.
Solution: The law should require either a permanently attached lock box in the trunk or require the individual to cable/chain lock the firearm or case to the frame of the vehicle when storing the firearm in the trunk.
Mental Health OffendersIn January 2019, a new mental health law took effect, California Penal Code section 1001.36. It allows courts to grant pretrial diversions in misdemeanor and felony cases when a court is satisfied that a defendant suffers from a mental disorder and the disorder played a significant part in the commission of that person’s crime. For a defendant granted pre-trial diversion, nothing in Penal Code section 1001.36 restricts that individual from possessing, owning or purchasing a firearm. Welfare and Institutions Code section 8103 concerns weapon bans for certain persons admitted for psychiatric treatment who have been assessed a danger to self or others. However, Welfare and Institutions Code section 8103 does not address individuals referred under this new mental health diversion law. Defendants at risk of harming themselves or others should not have easy access to weapons. It is essential that our laws keep weapons out of the hands of those persons who may be suicidal or violent. Therefore, the Alameda County District Attorney’s Office proposed a legislative change to Welfare and Institutions Code section 8103. The District Attorney’s Office recommended that the law be amended to include Penal Code section 1001.36 so that a person found by a court to be eligible for mental health diversion may not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody or control, any firearm or any other deadly weapon, unless the person has successfully completed diversion under Penal Code section 1001.36.
Addressing these issues would reduce the number of firearm-related crimes. Both of these proposed legislative modifications were common sense changes that would make our communities safer.
SECTION X - Making a Change
page 37
Alameda County District Attorney’s Office
New Laws
Gun Violence Restraining OrderEffective January 1, 2016, Penal Code sections 18155 and 18175 authorize Gun Violence Restraining Orders. Under these statutes, an immediate family member (spouse or domestic partner, parent, child, cohabitant, grandparents or grandchildren) or police officer can petition the court for a restraining order prohibiting the subject from possessing a firearm or ammunition for one year. The subject must pose a significant danger of causing injury to him/herself or to another by possessing firearms or ammunition, and there is no less restrictive means of preventing injury. Testimony and documentary evidence, including police reports, showing the subject’s recent threats and acts of violence, his or her criminal history, failure to comply with previous restraining orders, substance abuse, and recent acquisition of weapons is required. The hearing for the order is the same procedure as other restraining orders. Proof must be by clear and convincing evidence. There is no filing fee for this restraining order. The restraining order lasts for one year. The subject may apply once for a termination of that order. The petitioners may petition the court for a renewal within the three months before the expiration of the order, and any renewal order shall be for one year.
Proposition 63In 2016, then Lieutenant Governor Gavin Newsom proposed Proposition 63, which was passed by the voters. Proposition 63 calls for expanded background checks, specifically background checks when purchasing ammunition and magazines. Those persons selling ammunition must register for a license to do so. In other words, ammunition and magazine sales now operate the same as gun sales. The proposition also calls for a ban on large-capacity ammunition magazines (magazines capable of holding more than 10 rounds). District Attorney Nancy E. O’Malley recognized the benefits of Proposition 63 for the safety of our communities. District Attorney O’Malley supported the Proposition and wrote the official response to the opposition that appears in the initiative.
As a result Proposition 63, the following mandates went into law in stages.
PC 25250 Reporting mandate of lost and stolen guns: July 1, 2017PC 30312 Banning internet sales of ammunition: January 1, 2018PC 32310(b) “Large” capacity magazine possession ban: July 1, 2017PC 30342 Ammunition vendor licensing requirement: January 1, 2018PC 29810 Confiscation of firearms from prohibited persons: January 1, 2018PC 30352 Information to be recorded upon delivery of ammunition and sent to
the Department of Justice: July 1, 2019
SECTION XI
page 38
Public Awareness Campaign - Gun SafetyThe public awareness campaigns are an important pathway to get out the message that gun owners have a legal obligation to properly store their firearms out of the reach of children. Clearly, the consequences can be deadly. In addition, guns stolen from a home can be used in crimes, which can also have tragic consequences.
In June 2017, the Alameda County District Attorney’s Office partnered with the Brady Center to Prevent Gun Violence and the American Academy of Pediatrics in the ASK (Asking Save Kids) Gun Safety Campaign. The intent of this campaign is to raise awareness surrounding the issue of children and adults being placed at risk for serious injury or death from unsecured firearms. This campaign is designed to disseminate important statistical information regarding the problem and consequences of improper storage of a firearm in a residence.
In October 2017, the Alameda County District Attorney’s Office, in partnership with Clear Channel Outdoors, launched a gun safety/public awareness campaign using billboards and bus shelters. This campaign focused on the safe storage of firearms. As District Attorney Nancy E. O’Malley stated about the safe storage of firearms, “The message is strong and clear and it will save lives. If there are children living in or visiting your home, your gun must be secured and locked in a place that no child can access. When gun owners follow this law, lives are saved and tragedies are prevented.”
Children are naturally curious and enjoy looking into hiding places. When an adult’s negligent gun storage is combined with a child’s interest in exploration, the consequences can be deadly.
savea life!
lock up your guns
A message from the Alameda County District Attorney’s Office
For more about gun safety visit alcoda.org/gun-safety
SECTION XI - Public Awareness Campaign - Gun Safety
page 39
Alameda County District Attorney’s Office
The information collected in this report reveals that lost and stolen firearms are a significant issue within Alameda County and California. Often, proper storage of firearms and utilizing safety devices, lock boxes and safes can reduce the number of firearms that are stolen from homes, businesses and vehicles. California Penal Code sections 25100 and 25105 address criminal storage of a firearm, while California Penal Code section 25140 (a) though (f) delineates the responsibility of a person who leaves a firearm in an unattended vehicle.
Bringing awareness to the issue of proper storage of a firearm can reduce the number of firearms that are accessed by children or reported as lost or stolen. This public awareness
campaigns starts when an individual purchases a firearm. Effective January 1, 2019, pursuant to California Penal Code section 26835(a)(1) through (9), a licensed firearm dealer shall post conspicuously within the licensed premises the required safety and storage warning. This warning contains nine items that shall be posted in not less than one inch block lettering. Reducing the number of firearms that end up as crime guns will make our communities safer.
Public Awareness Campaign - Gun Safety
Is your gun safe?Most gun crimes are committed with stolen guns.
Practice gun safety. Keep your gun locked up and unloaded. For more about gun safety, visit alcoda.org
A message from the Alameda County District Attorney’s OfficeNancy E. O’Malley, District Attorney
don’t Let your gun be used to kill someone
page 40
A message from the Alameda County District Attorney’s OfficeNancy E. O’Malley, District Attorney
save a life!lock up your guns
For more about gun safety visit alcoda.org/gun-safety
Public Awareness Campaign - Gun Safety
Don’t let your gun fall into the
MAKE SURE YOUR GUNS ARE
locked up
WRONG HANDS
A message from the Alameda County District Attorney’s OfficeNancy E. O’Malley, District Attorney
SECTION XI - Public Awareness Campaign - Gun Safety
page 41
Alameda County District Attorney’s Office
Lock up your gunsSAVE A LIFE
A message from the Alameda County
District Attorney’s Officealcoda.org/gun-safetyFor more information on gun safety, visit:
Public Awareness Campaign - Gun Safety
SECTION XII
page 42
The Alameda County District Attorney’s Office is fully aware of the consequences of gun violence. A priority of our Office is always remembering the victims of violence. The devastation from gun violence is about more than statistics. It is about those lost and those left behind. Gun violence is felt in very human terms. In 2018, Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation, proudly presented a groundbreaking new project entitled “The Art of Peace - Alameda County.” This collaborative effort engages local artists, selected after a competitive submission process, who have created three dimensional art pieces out of the remains of dismantled firearms. As stated by District Attorney Nancy E. O’Malley, “Gun violence plagues our communities. The Art of Peace focuses a spotlight on our ongoing efforts to end this crisis. Over the past 30 years, the District Attorney’s Office has amassed over 1,000 firearms that were collected as evidence in criminal prosecutions. This project has re-imagined these instruments of violence into objects of beauty and grace.” The District Attorney’s Office had in its possession more than 700 firearms used in crimes that were prosecuted, and these firearms were due for destruction. Rather than incinerate them and emit pollution into the air, the District Attorney’s Office engaged a licensed company to make the firearms inoperable and separate the parts. Selected artists were given any parts they wanted in order to create art work reflecting a message to end gun violence and create positive pathways for all.
SECTION XII - The Art of Peace
The Art of Peace exhibit went on display at a local art gallery in Oakland, California from May 25 through June 13, 2018.
page 43
Alameda County District Attorney’s Office
The Art of Peace
page 44
The “Art of Peace” turning these ....
... into this.
Image (top): Guns cataloged in our evidence room. Image (bottom): “Labor and Love” by Natasha McCray Zolp and Shameel Ali, displayed at Art of Peace in Oakland, July 2018.
SECTION XII - The Art of Peace
Image (top) “Gunnasaurus” by artist John Colle Rogers
Image (right) “Trouble Helix” by artist Kevin Byall
page 45
Alameda County District Attorney’s Office
Images of beauty from objects of violence.
Image (top) “Wave of Gun Violence” artist Darrell Hunger
Image (right) “Flame of Reason” artist Darrell Hunger
page 46
Images of beauty from objects of violence.
SECTION XII - The Art of Peace
page 47
Alameda County District Attorney’s Office
Images of beauty from objects of violence.
Image: “Holding On”
Image: “Seeds of Hope” by artist Brian Enright
page 48
District Attorney Nancy O’Malley and artist Andrew Johnstone
SECTION XII - The Art of Peace
page 49
Alameda County District Attorney’s Office
“Art of Peace” artist at work
Image: Rebecca Anders, artist creating “Holding On”
Congressman Eric Swalwell and District Attorney Nancy E. O’Malley host Patrick Grady, a member of the British Parliament for Glasgow. The July 2016 event highlighted the differing attitudes about gun ownership and gun violence in our communities.
page 50
ReferencesATF. (2019). Firearms Commerce in the United States/Annual Statistical Update 2018. Washington
D.C.: U.S. Department of Justice.
FBI. (2019). Criminal Justice Information Services. Retrieved from Federal Bureau of Investigation/Services: https://www.fbi.gov/services/cjis/nics/about-nics
Fowler, Dal berg, Haileyesus, Gutierrez, and Bacon (2017). Childhood Firearm Injuries in the United States. Retrieved from https://pediatrics.aappublications.org/content/pediatrics/early/2017/06/15 /peds.2016-3486.full.pdf
Glaze, M. A . (2019). Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016. Washington D.C.: U.S. Department of Justice, Bureau of Justice Statistics.
Lopez, G. (2 019). America’s Gun Problem, Explained. https://www.vox.com/2015/10/3/9444417/gun-violence-united-states-america
Violence, B. C. (2006). Trading in Death, Profile of a Rogue Gun Dealer. Washington D.C Brady Center.
Wilcox, K (2 017) Analysis: Lost, Stolen Guns Used in Thousands of Crimes. Nation and World https://www.seattletimes.com/nation-world/analysis-lost-stolen-guns-used-in-thousands-of-crimes/
Wintermut e (2018). How to Stop Mass Shootings. Retrieved from https://www.nejm.org/doi/full/10.1056/NEJMp1807277
Published September 1, 2019
ALAMEDA COUNTYDISTRICT ATTORNEY’S OFFICENancy E. O’Malley, District Attorney
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