Submitted By
Shatonya Johnson, Chief of Police & Paul L. Stephanides, Village Attorney
Reviewed By
A.M.Z.
Agenda Item Title
Title
Discussion of Regulations to Require the Safe Storage of Firearms in Homes in the Village and to Allow the Village to Buyback Weapons
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Overview
Overview
This discussion is on the agenda per the request of Trustees Straw and Buchanan. Per the Village Board’s Protocols, two or more Trustees can make a Motion to consider an item on an upcoming agenda. This is a discussion to require the safe storage of firearms in homes in the Village as well as remove the restriction in the current Village Code to allow for buyback programs in the Village.
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Recommendation
Recommendation
Staff supports the ordinance and the proposed amendments to the Village Code contained in the ordinance except for the proposal to strike the language prohibiting the Village from asking for identification when a person delivers or abandons a weapon with the Village. The Police Department seeks to have the ability to contact a person who delivers or abandons a weapon if it is determined to be connected to a crime or if the weapon is stolen. The Police Department does not wish to be in possession of stolen property nor does the Police Department wish to have its ability to a solve a crime limited or have evidence destroyed. A person delivering or abandoning a weapon may not be the person involved in the crime but may be a crucial witness or a person who can provide additional information. Staff’s recommendation is attached to ORD 23-75 as the next item on this meeting’s agenda.
Background
Illinois law requires the safe storage of firearms when a person knows or has reason to believe that a minor under the age of 14 years old who does not have a Firearm Owners Identification Code is likely to gain access to a firearm and “the minor causes death or great bodily harm with the firearm.” 720 ILCS 5/24-9(a). Under the statute, a person must either secure a firearm with a locking device, place it in a securely locked box or container, or place it into a location that a reasonable person would believe to be secure from a minor under the age of 14. A violation of the statute is a Class C misdemeanor punishable by a fine of not less than $1,000. A person is not in violation of the statute if the minor uses a firearm “in a lawful act of self-defense or defense of another.”
The Trustees’ request is for a proposed ordinance that takes the concepts of the state statute further. It requires the safe storage of firearms in a person’s home by a locking device as that term is defined in the ordinance to keep firearms from being used by unauthorized users and not just minors. It contains the same exception found in the state statute regarding the use of a firearm in self-defense or defense of another. In addition, under Section 27-4-2 of the Village Code (“Voluntary Delivery to the Police Department”), the Trustees’ Motion proposes to eliminate the ability for a person that delivers or abandons a weapon with the Police Department to be required to provide identification. Staff’s recommendation is to eliminate this language in Section 27-4-2 as noted in the Recommendation section of this agenda summary.
As set forth in the proposed ordinance, over 43,000 lives are ended by gun violence each year according to the United States Centers for Disease Control and Prevention, with the number of those injured and affected by gun violence far exceeding this number. Unsecured guns pose a significant public health and safety hazard and contribute to this statistic. The presence of an unsecured, easily accessible loaded weapon in a home increases the likelihood of death or injury from accidents and impulsive acts. Data from the Centers for Disease Control and Prevention shows that in the 15 years following the implementation of Massachusetts’ safe storage law, the rate of firearm suicide for children and teens ages 10 through 19 fell 49% faster than the national average. Thus, the proposed ordinance is a step that can be taken to potentially save lives from such incidents. The ordinance also amends Section 27-4-2 of the Village Code to delete language that would prevent the Village from conducting a buyback of firearms.
Fiscal Impact
N/A
DEI Impact
As stated in the 2023 February Proclamation that declared February 1, 2023, to February 7, 2023, to be National Gun Violence Survivors Week in the Village of Oak Park, attention was called to the disparate impact gun violence has on communities of color. The Proclamation stated how 59% of American adults, including 71% of Black and Latinx Americans, or someone they care for has experienced gun violence in their lifetime, demonstrating the reach and impact gun violence has in communities across America. Firearms as well are the leading cause of death for children and teens. This emphasis demonstrates the intersectional impact gun violence has on communities of color and youth. This ordinance is a tangible example of how leading with racial equity benefits everyone and that creating an inclusive community encompasses saving lives from the discharge of firearms.
Alternatives
The Village Board could delay action and seek further information.
Previous Board Action
N/A
Citizen Advisory Commission Action
N/A
Anticipated Future Actions/Commitments
None at this time.
Intergovernmental Cooperation Opportunities
N/A