A correction to an earlier version of this story has been appended to the end of this article.
San Jose’s new gun control law just got a bit stricter.
Gun owners in the nation’s 10th largest city who disobey a requirement to carry liability insurance and pay a yearly fee will have to fork over up to $1,000 in fines as part of San Jose’s unique and controversial push to combat gun violence — a novel legislative approach that has triggered a challenge in federal court and has 2nd Amendment supporters up in arms.
The insurance and fee requirements — first approved by council members in January — make San Jose the first city in America to impose such rules against gun owners.
Proponents of the new mandate, championed by Mayor Sam Liccardo since 2019, argue that it will motivate safer gun handling and help counter the public cost of gun violence, which health officials found in a May report amounts to $72 million a year for Santa Clara County.
But opponents, who filed a lawsuit against the requirements moments after the council passed them in January, argue that the rules are unconstitutional, burdensome and that the city hasn’t proven they will prevent gun violence. Plaintiffs in the ongoing lawsuit are the Colorado-based National Association for Gun Rights, the state’s Howard Jarvis Taxpayers Association and San Jose resident Mark Sikes.
The new fines approved Tuesday by the San Jose City Council brought a scathing response from the gun rights association.
“San Jose is hell-bent on disarming law-abiding gun owners anyway possible, at least as far as they can get away with in the courts,” wrote NAGR’s Policy Director Hannah Hill. “And a $1,000 fine for simply exercising your God-given right to keep and bear arms unless you bow down, buy insurance, and kiss their ring is simply atrocious.”
She added, “That’s why we’re suing to overturn this unconstitutional ordinance, and we look forward to rescuing law-abiding San Jose gun owners from these greedy, anti-gun council members.”
The penalties passed on Tuesday escalate for each offense. A gun owner’s first and second violation will cost them $250 and $500, respectively. A $1,000 fine will be levied against a third and any future infraction. The city’s police department will be in charge of enforcing the fines.
“City staff is moving forward with regulations needed to implement this first-in the-nation law to reduce gun deaths and injuries with a careful, balanced approach,” the mayor wrote in a statement. “I look forward to seeing this up and running next year.”
The mayor has been formulating the new gun rules ever since the mass shooting at the now-defunct Gilroy Garlic Festival in 2019 — and pressure further mounted after a gunman massacred his fellow colleagues at a Valley Transportation Authority rail yard last year.
January’s Gun Harm Reduction Ordinance, which sparked national headlines amid rising concerns about gun violence across the country, requires firearm owners in the city to purchase a gun, homeowner’s or renter’s liability insurance policy which covers any damages as a result of negligent or accidental use.
The ordinance also mandates that gun owners pay a $25 fee every year to a nonprofit that will distribute funds to mental health and suicide prevention services for those who own a firearm or live with someone who does. The nonprofit is being set up by local health officials and academics will provide a bi-annual report on its work.
Researchers estimate that San Jose has between 50,000 and 55,000 gun owners, which would garner the nonprofit over $1 million a year.
Though the fines on Tuesday were approved by councilmembers unanimously on consent, January’s law was opposed by Councilmember Dev Davis. Councilmembers Pam Foley and Matt Mahan, a candidate for mayor running against County Supervisor Cindy Chavez, opposed the nonprofit fees.
The city is trying to work with the state to send letters in the mail to gun owners with instructions — and will be required to keep paperwork proving their compliance with the new rules with the firearm at all times. Some are exempt from the ordinance, including sworn, active or retired police officers, concealed carry licensees and low-income residents.
Oct. 10, 2022 An earlier version of this article incorrectly reported the yearly nonprofit fee amount requested by San Jose for gun owners. Additionally, this article has been updated to clarify that San Jose is still working with the state to try to contact gun owners.
