HomeMy WebLinkAbout12 ILLEGAL GUN POSS 04-04-94AGENDA_.._.
DATE:
NO. 12
! .~' :.: 4-4-94
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, nter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
VALERIE WHITEMAN, CHIEF DEPUTY CITY CLERK
ILLEGAL GUN POSSESSION, "ZERO TOLERANCE POLICY"
RECOMMENDATION:
Adopt Resolution No. 94-39 urging the District Attorney's
Office and the courts to adopt a "zero tolerance policy" for
persons found guilty of illegal gun possession as recommended
by the Police Department.
FISCAL IMPACT:
None
BACKGROUND:
At the March 21, 1994 City Council meeting, Mayor Potts
requested staff provide information regarding the City of South
E1 Monte's "Zero Tolerance Policy" on illegal gun possession.
Resolution No. 94-39 is based on the resolution adopted by the
South E1 Monte City Council on February 10, 1994.
\
Valerie Whiteman
Chief Deputy City Clerk
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RESOLUTION NO. 94-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, URGING THE DISTRICT ATTORNEY'S
OFFICE AND THE COURTS TO ADOPT A "ZERO TOLERANCE
POLICY" FOR PERSONS FOUND GUILTY OF ILLEGAL GUN
POSSESSION
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
HEREBY, FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
WHEREAS, existing law provides that a person found to be
illegally possessing a firearm may be punished by a citation as
a misdemeanor; while a second offense is considered a felony
violation; and
WHEREAS, first offense illegal possession of firearm charges
are handled in municipal courts without a minimum mandatory
sentence being established by state law; and
WHEREAS, municipal court judges must weigh each case
individually on its facts and consider the seriousness of the
crime and its affect on the community; and
WHEREAS, the granting of probation to persons convicted of
carrying loaded and concealed firearms on their person or in the
driver/passenger area of their vehicle is not consistent with the
public's outrage over violence in the streets, neighborhoods and
schools of the community; and
WHEREAS, under existing law, judges may sentence first-time
offenders of the aforementioned offenses to either house arrest
for 120 days; 750 hours of community service; or six months in
county jail; and
WHEREAS, the imposition of such penalties will serve as a
deterrent to the continued illegal possession of firearms.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Tustin, California, supports the "Zero Tolerance Policy"
related to the specified illegal possession of firearms and urges
the District Attorney's Office and all municipal court justices
to adopt the same policy.
PASSED AND ADOPTED at a regular meeting of the Tustin City_ ~.
Council held on the 4th day of April, 1994
ATTEST:
Jim Potts, Mayor
Mary E. Wynn, City Clerk