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***************************************************************************** Office of the City Clerk, City of Los Angeles This report was generated by the Council File Management System on 12/24/2017 ***************************************************************************** Council File Number 06-1185 Title REPORTING THEFT OR LOSS OF FIREARM / ADDITION TO LAMC CHAPTER V, ARTICLE 5 Subject Motion - While Los Angeles is experiencing declining homicide and overall crime rates, the level of gun-related crime and carnage remains unacceptable. Constructive measures to combat gun-related crime must still be pursued. It has been estimated that only one in six guns used to commit crimes is obtained legally, and that many of the rest are stolen, trafficked, or purchased through "straw" buyers. Police officers often waste precious time and resources trying to contact the original purchaser of a gun who later claims it was lost or stolen. Indeed, "straw" buyers often purchase weapons which they pass on to criminals, gang members, and others unable to purchase firearms legally, complicating the task of tracing weapon ownership and solving gun-related crimes. Gun ownership is a very serious responsibility. Gun owners should be obligated to report immediately to public safety authorities the loss or theft of any firearm. Such a requirement will help police conduct more effective investigations, deprive "straw" purchasers of false excuses, and impress upon lawful gun owners a heightened sense of responsibility in maintaining the safety and security of their stored weapons. THEREFORE MOVE that the Council adopt the following proposed ordinance, to be approved by the City Attorney, as an addition to Chapter V, Article 5 of the Los Angeles Municipal Code. A. Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such firearm to the Los Angeles Police Department within 48 hours of becoming aware of the theft or loss whenever (1) the owner resides in Los Angeles, or (2) the theft or loss of the firearm occurs in Los Angeles. B. A person who has experienced the theft or loss of a firearm within the five (5) years prior to the effective date of this ordinance being adopted and who otherwise meets the reporting requirements in Section A above is required to report the loss or theft of such firearm to the Los Angeles Police Department within sixty (60) days of the effective date of this ordinance being adopted. C. The failure to report within forty-eight (48) hours the theft or loss of a firearm pursuant to Subsection A when the owner or person in possession knew or should have known of the theft or loss, shall be a misdemeanor subjecting the owner to prosecution. D. The failure to report a firearm theft or loss within the sixty (60) day period set forth in Section B above shall be a misdemeanor subjecting the owner to prosecution. Last Change Date 09/10/2007 Mover JACK WEISS

Second ERIC GARCETTI ED REYES HERB WESSON, JR.

Archive History 5-23-06 - This day's Council session 5-23-06 - Ref to Public Safety Committee 5-23-06 - File to Public Safety Committee Clerk 10-4-06 - For ref - Communication from City Attorney's Office R06-0352, dated October 4, 2006, relative to amendment of ordinance to add Section 55.12 to the Los Angeles Municipal Code which requires that a lost or stolen firearm must be reported to the Los Angeles Police Department. 10-4-06 - Council Action - CONTINUED to OCTOBER 18, 2006 10-5-06 - Ref to Public Safety Committee - to Committee Clerk 10-18-06 - Council Action - Public Safety Committee report ADOPTED to REQUEST the City Attorney to Prepare and Present an Ordinance as an addition to Chapter V, Article 5, of the LAMC, stating that: a. Any person that owns or is otherwise in possession of a firearm shall report the theft or loss of such Sunday, December 24, 2017

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firearm to the Los Angeles Police Department (LAPD) within 48 hours of becoming aware of the theft or loss whenever (1) the owner resides in Los Angeles, or (2) the theft or loss of the firearm occurs in Los Angeles. b. A person who has experienced the theft or loss of a firearm within the five (5) years prior to the effective date of this Ordinance being adopted and who otherwise meets the reporting requirements in Section A above is required to report the loss or theft of such firearm to the LAPD within sixty (60) days of the effective date of this Ordinance being adopted, excluding instances when the lost or stolen firearm was subsequently found or recovered. c. The failure to report within forty-eight (48) hours the theft or loss of a firearm pursuant to Section A above when the owner or person in possession knew or should have known of the theft or loss, shall be a misdemeanor subjecting the owner to prosecution. d. The failure to report a firearm theft or loss within the sixty (60) day period set forth in Section B above shall be a misdemeanor subjecting the owner to prosecution. 10-18-06 - Council Action - Verbal Motion - Weiss Mover 2006 / LaBonge - ADOPTED - HEREBY MOVE that Council ADOPT the following recommendations (Item #14, CF 06-1185) relative to reporting the theft or loss of a firearm to the Los Angeles Police Department, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. PRESENT and ADOPT the accompanying ORDINANCE to add a new Section 55.12 to the Los Angeles Municipal Code to require the reporting of a theft or loss of a firearm to the LAPD. 2. REQUEST the Chief of Police to make this new ordinance a major topic at the California Chiefs Association meeting with specific interest in Los Angeles, Orange, Ventura and Kern Counties, in an effort to partner with neighboring agencies regarding this new ordinance - Ordinance ADOPTED. 10-18-06 - File to Mayor for signature FORTHWITH 10-31-06 - File to Council and Legislative Processing Clerk 11-7-06 - File to Public Safety Committee Clerk OK 11-8-06 - File in files 2-9-07 - This day's Council session - Motion - Smith Mover 2007 / Wesson, Jr. - In December 2006, the City of Los Angeles passed an ordinance (No. 178010) requiring gun owners to report to police the loss or theft of a gun within a specified period of time. This law was intended to address the difficulties encountered by police when tracing guns and ammunition used in the commission of a crime. According to police, "straw" buyers often purchase weapons and pass them on to criminals, gang members, and others who cannot purchase them legally. However, concerns have been expressed that despite the aforementioned ordinance, tracing a gun back to the original owner has been difficult because the gun owner can claim that the gun was disposed of in a trash receptacle. Clear regulations on how to properly dispose of guns and ammunition would eliminate this loophole. The City of Los Angeles should prohibit the improper disposal of guns and ammunition. In addition, the Los Angeles Police Department should provide information to the public on how to properly dispose of unwanted guns and ammunition. THEREFORE MOVE that the City Council: 1) Request the City Attorney, with the assistance of the Police Department, to draft an ordinance that would prohibit the improper disposal of guns and ammunition; and 2) Instruct the Los Angeles Police Department to provide information to the public on how to properly dispose of unwanted guns and ammunition. 2-9-07 - Ref to Public Safety Committee 2-9-07 - File to Public Safety Committee Clerk 3-30-07 - Council Action - Public Safety Committee report ADOPTED: 1. REQUEST that the City Attorney, with the assistance of the Police Department, prepare an ordinance that would prohibit the improper disposal of guns and ammunition. 2. DIRECT the Police Department to provide information to the public on how to properly dispose of unwanted guns and ammunition. 4-10-07 - File to Public Safety Committee Clerk OK 4-11-07 - File in files 4-20-07 - For ref - Communication from the Board of Police Commissioners BPC No. 01-0148, dated April 20, 2007, relative to prohibiting the improper disposal of guns and ammunition. 4-23-07 - Ref to Public Safety Committee 4-23-07 - File to Public Safety Committee Clerk 7-11-07 - For ref - Communication from the City Attorney R07-0255, dated July 11, 2007, and a draft ordinance relative to adding Section 52.12.1 to the Los Angeles Municipal Code (LAMC) to establish the proper methods of disposing of firearms and ammunition in the City of Los Angeles. 7-12-07 - Ref to Public Safety Committee - to Committee Clerk 7-25-07 - For ref - Communication from the City Attorney R07-0275, dated July 25, 2007, and a revised draft ordinance relative to adding Section 52.12.1 to the Los Angeles Municipal Code (LAMC) to establish the proper methods of disposing of firearms and ammunition and prohibiting the improper disposal of firearms and ammunition in the City of Los Angeles. 7-26-07 - Ref to Public Safety Committee - to Committee Clerk Sunday, December 24, 2017

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8-10-07 - Council Action - Motion ADOPTED to approve Public Safety Committee report recommendations, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. PRESENT and ADOPT accompanying ORDINANCE dated July 30, 2007, adding Section 52.12.1 to the Los Angeles Municipal Code (LAMC) establishing proper methods of disposing of firearms and ammunition and prohibiting the improper disposal of guns and ammunition. 2. RECEIVE and FILE Ordinances dated July 10, and July 25, 2007 (attached to the Council file) relative to firearm and gun disposal - Ordinance ADOPTED. 8-16-07 - File to Mayor for signature 8-28-07 - File to Council and Legislative Processing Clerk 8-30-07 - Notice of Correction from the Office of the City Attorney, dated August 30, 2007, relative to Ordinance No. 179149, is attached to Council File. 9-6-07 - File to Public Safety Committee Clerk OK 9-10-07 - File in files

Sunday, December 24, 2017

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