HomeMy WebLinkAbout2022-31 - HR 8RESOLUTION NO.2022-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
SUPPORTING H.R. 8 TO REQUIRE BACKGROUND CHECKS FOR GUN SALES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, current federal law requires gun dealers —those who are in the
business of selling guns —to obtain a license from the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF). They are also required to use the National Instant
Criminal Background Check System (NICS) to determine whether a potential buyer is
eligible to purchase a firearm; and
WHEREAS, federal prohibitions on owning a gun are based on age, criminal
history, mental health, and drug use, among other restrictions. Federal agencies are
required to provide any records they have demonstrating an individual falls into a
prohibited category. State participation is voluntary and the federal government provides
grants to encourage and improve reporting; and
WHEREAS, the background check requirement in current federal law does not
apply to transfers by unlicensed sellers, who are allowed to sell firearms at several
thousand gun shows typically held around the U.S. each year without performing
background checks. Similarly, other sales by unlicensed individuals over the internet or
in person are not subject to background checks; and
WHEREAS, the failure to require background checks of gun sales and transfers
leaves a large loophole which allows convicted felons, those subject to domestic violence
and other restraining orders, those who cannot safely own and operate weapons, and
minors to obtain weapons which can be used to commit crimes, violate restraining orders
and otherwise cause preventable harm; and
WHEREAS, HR 8 would amend federal law to require any firearm transfer between
unrelated, unlicensed individuals —such as participants at a gun show —to be conducted
through a licensed dealer, who is required to take possession of the firearm and perform
the background check on the recipient before completing the transfer; and
WHEREAS, the requirements of HR 8 would not apply to transfers involving law
enforcement agencies and officers, security professionals, or members of the armed
Resolution No. 2022-31 Page 1 of 3
forces connected with official duties; loans or gifts between spouses, domestic partners,
parents, and other family members, as long as the person making the transfer has no
reason to believe the firearm will be used in a crime or the recipient is prohibited from
possessing it; transfers related to administration of an estate or that happen automatically
when a person dies; temporary transfers needed to prevent imminent threats of harm to
oneself or others, including domestic violence; transfers approved by the Justice
Department; and loans for use at shooting ranges or while hunting if the owner is present
and doesn't have reason to believe the weapon(s) will be used illegally; and
WHEREAS, incomplete transactions after a dealer has taken possession of the
firearm would require the dealer to return the firearm to the original owner. Licensed
dealers would have to notify participants in a transfer covered by the bill that a background
check is required, and the recipient would have to affirm they received notice on a Justice
Department form. The measure provides that it would not authorize creation of a national
firearms registry or preempt state laws consistent with HR 8; and
WHEREAS, by supporting this legislation, the City Council is not condemning all
gun transfers or gun ownership, but is communicating a desire for ensuring proper
background checks to protect the community by keeping weapons from those who cannot
lawfully possess them.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa supports HR 8 and the efforts to close the "gun show loophole" to ensure
background checks for specified gun sales.
Resolution No. 2022-31 Page 2 of 3
PASSED AND ADOPTED this 7th day of June, 2022.
ATTEST:
�&� (Lojti
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
;o�hn B. Stephens, Mayor
APPROVED AS TO FORM:
Ki berly HiAl Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2022-31 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 71h day of June, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR,
AND STEPHENS.
NOES: COUNCIL MEMBERS: HARPER.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8ch day of June, 20122
BRENDA GR8tN, CITY CLERK
Resolution No. 2022-31 Page 3 of 3