At the September 2 City Council Meeting, the matter of safety was a hot topic since it focused on the growing retail gun sale business in ScottsValley. The dialog between the city’s elected officials, Police Department officials, gun shop owners, and members of the general public revealed that defining safety is a challenge when it comes to regulating sales of firearms, ammunition and/or explosive devices.
The issues of concern stated by the elected officials were the continued health and well- being of the residents of ScottsValley. That is why a temporary moratorium against opening additional gun shops in the city was unanimously passed. The 45-day moratorium provides time for staff to study the appropriate land use and safety regulations prior to drafting an ordinance to further regulate retail arms businesses.
It was clear from the statements of some ScottsValley residents that they are concerned about the proximity between the gun shops and the locations of schools, day care centers, and children’s recreational areas, such as the city’s parks.
The gun shop owners expressed their concern about having additional legal requirements imposed on them as a condition for doing business in ScottsValley. They are already heavily mandated by both Federal and State licensing regulations; certification requirements from the Department of Justice; sellers’ permit from the State Board of Equalization, and local business license requirements. Some of the gun shop owners feel that additional regulation is too much, unnecessary, and too costly.
Scotts Valley Police stated that neither State nor Federal laws require burglary alarm systems and video surveillance systems. Although both Federal and State agencies often do not have time to sufficiently verify that their requirements are being met, they do have regulations in place that someone could monitor. Being that Federal, State and City law is currently short of covering these two areas of ‘premises security’ and zoning requirements, Scotts Valley Police Department believes it important to the safety of Scotts Valley residents to include such coverage in the city’s regulations.
What such regulations will not do is to prevent retail gun shops from opening; impair any Second Amendment rights; or injure the business of any local gun shop.
What the regulations will have as a goal is to determine zoning rules specifically for this type of business. It will require that burglar alarms and video surveillance systems are in place, and require periodic inspections to verify compliance with Federal, State and local law.
A condition for a retail arms business in ScottsValley will be the requirement to maintain a city-issued license to operate in a specific location. Should the business relocate, it would need to be qualified to operate in the new location and a new license would need to be issued.
There will be a yearly fee with a cost currently stated to be $100. This fee will be used to defray the administrative cost of monitoring this type of business. The fee is considered part of the cost of doing business and is tax deductible to the business owner.
In 2013 after the Sandy Hook mass killing of school children, the County of Santa Cruz passed such a 45 day moratorium to study gun shop regulations. That action took place after passionate discussion between elected officials, gun shop owners, and the public, not unlike what occurred in the Scotts Valley City Hall Chambers on September 2, 2015.
Second District Supervisor Zach Friend, former police officer for the City of Santa Cruz, said in 2013, “You get boxed into one side or the other. You are either someone who supports the Second Amendment or you are someone who wants to keep kids safe. Those things aren’t mutually exclusive.”
In its January 15, 2013 issue, the Scotts Valley Patch wrote about First District Supervisor John Leopold when he had become concerned about the regulation of gun shops. “He told the meeting that when he asked what regulations were in place regarding distance from a school or zoning restrictions, he was told there were none.” He also learned that the “shops in Capitola had further city restrictions, such as being approved yearly by the police chief.” Leopold assured the public that the County was not “restricting anybody’s ability if they need to purchase a weapon.” He said, “I just want to know if someone is selling firearms in a home in my neighborhood.”
In 2015 the City of Scotts Valley has studied the efficacy of the ordinances that regulate gun sale businesses in other municipalities in Santa Cruz County and whether similar methodology would be advisable for Scotts Valley residents.
Mayor Dene Bustichi clarified the goal of any such new ordinance as being for the purpose of enabling the city’s police department to have the administrative tools that they need in order to maintain the peace and security of Scotts Valley. He said “Scotts Valley is a safe place to live because of our police department. The Scotts Valley Police Department is the jewel of the city.” He explained that the laws and ordinances are the tools of the police department. “These help the police department to enforce peace and to prevent crime. This ordinance will give the police department a way to keep peace.”
Police Chief John Weiss said that the Police Department had visited with the owners of each of the four existing businesses that sell fire arms, ammunition, and explosive devices. He said, “The existing businesses have adequate safety systems in place.” Weiss expressed his appreciation for the professional standards exhibited by all four shop owners and declared them to be “good.” It is not them but the potentially “bad” owners who may want to do business in ScottsValley.
There are no current regulations in Scotts Valley law that would prevent a new shop from opening near a school, or would require them to have surveillance systems in place.
The City Council approved Ordinance No. 190, adding Chapter 5.38 to Title 5 of the Scotts Valley Municipal Code “requiring firearms dealers to meet certain requirements and to obtain a firearms dealers’ license. The resolution No. 1908 was passed to establish a one-time firearms dealer license fee of $100 to locally regulate and enforce the sales of firearms.
Santa Cruz Armory owner, Robert De Forge, said in his Facebook post on September 3, “As I think we all expected going in to the City Council meeting last night, both the 45 Day Moratorium on new Firearms Retailers and the Firearms Dealer License proposals passed.” He further said “The next step for the City of Scotts Valley is the crafting of the Zoning Ordinance.”
De Forge’s hope is that when the Planning Department has completed their work that “the City staff there, as well as the ‘Licensing Officer’ will make this a collaborative process and come out of City Hall and speak with all of us prior to the introduction, reading and vote at a future City Council meeting.”
Of the ordinance, Robert Aldana of My Scotts Valley wrote that he exercises his Second Amendment rights by owning a gun, but he also supports safer gun laws. Aldana describes the ordinance as a “fair and reasonable compromise.”
He said, “I think that at the end of the day, this is a non-threatening ordinance that is being proposed and we have to many times in life choose and pick our battles. This is not a battle, this is not an unreasonable ordinance and does not affect current gun shop owners or gun owners, and [it will] make new gun shop owners here in town practice safer business practices. And in some cases, certain locations would not be deemed appropriate for a gun shop. Nowhere in this ordinance does it say that the police are going to come and take your guns away from you. Unless, of course if you are using or selling them in an unsafe or illegal manner.”
