http://www.pacificatribune.com/Stories/0,1413,92~3247~2526463,00.html
Gun store generates concerns
By Chris Hunter and Elaine Larsen
While it seems to have surprised a lot of people, including City Council members, that a retail gun store could be granted a business license in Pacifica without any discussion or debate, the reality appears to be that other than strict state and federal regulations governing the sale of firearms, there are no special rules in Pacifica.
Four council members listened to concerned residents Monday who complained about the lack of notification and control in Pacifica over a gun store that is slated to open in Eureka Square, called a "family-oriented" shopping center by many. Of particular concern to some of the speakers was the proximity of the new gun store to such businesses as Clay Creations and DNA Comics. (Councilmember Pete De Jarnatt was absent).
The item on Monday's agenda was scheduled as a discussion to give staff direction. No decisions or mandates were made. "As coundil is aware, the city's zoning ordinance currently makes no distinction between the retail sale of firearms and other kinds of retail sales," Planning Director Michael Crabtree explained. "To ensure that firearms sales are properly regulated and that there is opportunity for public input when such uses are proposed, staff proposes to amend the zoning ordinance to require a conditional use permit and specify other regulations, including location criteria, for such uses."
City Attorney Cecilia Quick made it clear that while the Eureka Square gun store had precipitated the discussion, any ordinance crafted by the council could not have an impact on a business that has already been granted a license.
Nancy Hall, who has spearheaded an effort to generate signatures on a petition opposing gun sales, spoke out against the city's apparent lenient zoning. She urged the council to move on crafting a new ordinance that "would protect us from inappropriate locations" for gun stores. She said 454 people had signed the petition.
William Martin voiced the opposing view, claiming that any restrictions on gun sales in Pacifica would "discriminate" against the Second Amendment. "It's an emotional subject for both sides," he said, urging the council to "look out for my rights."
Arguing that gun stores should not be within a half-mile of schools, opponents voiced their fear that retail sale of guns would be harmful. While everyone admitted the city has no way to prevent the gun store from opening, it was clear that emotions were raised by the Eureka Square business.
"It appalls me to think that this kind of store can go in here with no knowledge of the public," said Susan Miller. "I think we're giving the wrong message."
Gun store proprietor Dmitriy Danislevsky attended the meeting and tried to calm people's fears by saying he was following all the rules that regulate firearms sales. "Things are not as evil as people are trying to make them," he said.
Danislevsky, who operates a gun store in South San Francisco, said there would be no pictures of guns in the windows, and no opportunity for children to enter the store unsupervised. Likewise, he noted that any infraction of strict gun sales law would send him to jail.
Nonetheless, speakers were adamant about having the council move forward however possible.
"This was completely unexpected," said Mayor Pro Tem Julie Lancelle. "We had no kind of regulations. We have since received letters from schools. People are clearly very disturbed and distressed about it. I'm sorry we're all here. I certainly wish we had had an ordinance in place."
Councilmember Cal Hinton expressed the opposite opinion, saying, "I don't quite see the concern about a gun store." He said gun sales were highly regulated and even the fact that employees at the gun store would be armed themselves did not concern him.
Mayor Jim Vreeland said it was "highly responsible" for the council to be investigating a city ordinance to control future gun sales. "Nothing is limiting anybody's Second Amendment rights," he said. "We are taking it very seriously."
But when asked if a new ordinance could have any impact on the new store scheduled to open Nov. 15, City Attorney Quick said, "For this particular store, no."
News of gun store sparks debate
Rumors several weeks ago of the new tenant opening a gun store at the privately owned shopping center sparked local concern - mostly among parents and civic leaders who feel firearms sales that close to kid-friendly businesses, as well as two schools, sends the wrong message.
"We're not opposing the Second Amendment, the right to bear arms, or even the availability of hunting or other sporting equipment. This issue is about the proximity of guns to children," said Nancy Hall, among the vocal opponents.
"Imagine that the video arcade owner was required to spend his own money to alert the public to his plans, yet a store that sells handguns slipped in under the radar without any discussion. It's completely crazy. In light of the Columbine shootings and massive death toll from handgun violence in this country every year, what message are we sending to kids? That in Pacifica a handgun store fits right in with groceries and pottery, just a couple of blocks from the local high school and middle school? You just can't equate handguns to other kinds of merchandise."
She and others spearheaded a petition drive that, aided by some Eureka Square merchants, now contains more than 400 signatures of citizens who endorse the following: "We, the undersigned, strongly oppose locating a gun shop of any kind in Eureka Square, a family oriented shopping center."
Also weighing in on the issue were at least four school officials - Jefferson Union High School District Superintendent Mike Crilly, Terra Nova Principal Sherry Segalas, Oceana Principal Samuel Butscher and Good Shepherd School Principal Patricia Volan.
All four sent similar letters to the Pacifica City Council imploring the city to officially restrict gun sales in areas in close proximity to children.
"In light of high levels of gun violence in America and tragic events involving young people and guns, we are requesting that the city create a city ordinance that would help keep our children safe and send them the right message about guns," all four letters state, in part. "We think it would be appropriate to ask that no outlet that displays or makes handguns available for sale be located within at least a half-mile of any school.
"Children coming and going from school should be able to feel safe, and the visible presence of handguns in a retail outlet would be inappropriate to this responsibility to our students."
The opponents caught the attention of Councilmember Pete DeJarnatt, who at the last council meeting said he and Mayor Pro Tem Julie Lancelle had been contacted by citizens and were equally concerned.
He asked the staff to return Nov. 8 with an action item so council could discuss options. Among them, an ordinance that specifically limits gun sale establishment to certain zones within the city, for example, C-1 heavy industrial like businesses located on the north end of Palmetto.
"We cannot legislate firearms sales out of Pacifica. Our Constitution gives them the right to exist and we have to provide places for them here. But what we can do is limit them to areas other than shopping centers," De Jarnatt said. "What makes the most sense to me are areas of heavy industry, where there aren't any children and not much foot traffic."
Without any specific ordinance banning or restricting gun sales in town, the city of Pacifica staff took all the normal steps to administratively approve a request for a business license from the owners of City Arms. Under the current ordinances on the city's books, no public noticing or hearing was required. A business license was granted in September.
While the city's emphasis with regard to firearms sales is fire safety, all other aspects of retail gun sales are regulated through licenses issued by the federal Bureau of Alcohol, Tobacco and Firearms (ATF) as well as the state Department of Justice.
"They contacted us first and asked what the fire code requirements were," says Pacifica Fire Marshal Steve Brandvold. "What we were most concerned with under that code is the safety of the building and those spaces on either side. We inspected fire extinguishers and fire protection systems, regulated the amount of ammunition they could store, and made sure there were proper exits."
Under state law, gun dealers face strict guidelines, including a waiting period on delivery of sold guns, selling no more than one handgun in a 30-day period to any individual, equipping all firearms with a child-safety lock, and secured storage.
In addition to ATF inspections, a dealer under federal law must initiate background checks on unlicensed firearm purchasers, maintain records of guns acquired and sold, report multiple sales of handguns to any one person within any five day period and report the theft or loss of any firearm. A dealer is prohibited from selling weapons to out-of-state residents, a rifle or shotgun to people under age 18 or a handgun to people under 21.
Since word of an impending gun store in Eureka Square began circulating in town, the Pacifica Police Department received calls from some citizens demanding action.
"Some people have called here and asked 'how could you have let this happen?'" said Chief Pat Brennan. "I let them know, this is America. There is a second amendment and this is free enterprise. There is no ordinance in the city of Pacifica prohibiting it."
Putting aside the philosophical debate about gun ownership, Brennan says law enforcement has found no "nexus" or link between the presence of a gun store in a town and the level of crime in that community.
"Is there any nexus between gun stores and more crime? Absolutely not. There's a fear there will be seedy characters hanging around the store, but that's not where criminals get their guns. They get them illegally," Brennan said.
"This man's business is heavily regulated through the state and federal government. Of course, in Pacifica, as in the rest of the United States, there are people who take great pride in the fact they are entitled to bear arms. And there are people who flat out don't like guns. My place is not to get into a philosophical debate, but to make sure the laws are being followed.
"In the normal course of police business, we encounter firearms in people's homes that are legally owned and possessed," Brennan said.
Taking into account the fact that Pacifica has its share of gun owners, the department has participated in free giveaways of gun locks to help make sure legally possessed firearms are safe from children who may encounter them. Other than that, police do not intervene in a person's legal right to possess a handgun in their home or business - unless a crime is committed and the weapons may be legally confiscated.
Police officials who went to inspect the new business location in Eureka Square say City Arms has, in fact, taken several security steps to make sure their weapons do not end up in the wrong hands. Among the measures are installation of steel rear door and roll-up security gate, surveillance equipment and front window tinting.
Nancy Hall and opponents, however, still have concerns.
"Other municipalities have dealt with this kind of situation and have crafted ordinances that go beyond what the state requires," said Hall.
"Current law may dictate that a gun store be not within 1,000 feet of a school, but what about 5 feet from Clay Creations or 10 feet from the karate school or next door to the video arcade?"
Echoing her is fellow activist, Susan Miller.
"I am concerned that a store for the express role of selling guns could go into a family shopping mall here in Pacifica that is so close to two schools, Oceana and IBL. I do not like the ideas of any weapon for sale in close proximity to schools. I know that many children are enamored with guns, and guns as used for violent activity, and don't believe we want to encourage this. We also have about 400 citizens, who signed our petitions, and also think that this is not an appropriate location for a gun store," Miller said.
"The city of Pacifica has a right and a responsibility to have language present in our local codes that address safety and proximity to schools. We were prompted to take action when we realized that as a city we were vulnerable because we have nothing at all on the books in regard to gun sales and that our research shows that since Columbine many cities have worked with citizens to craft comprehensive guidelines around gun sales. I would very much like to prevent any more such stores from locating so close to school, and other places where children frequent such as parks."
East Sharp Park parent Linda Hershenson doesn't consider herself an activist by any means, but got involved in the petition signature gathering out of a sense of principle.
"I have two boys, 5 and 8, and naturally they have an innate fascination with guns, but I don't want to be exposed to them on a daily basis."
Hershenson says she and her kids regularly walk to Eureka Square, as do many other families and children in the neighborhood. "I'm not opposed to a licensed business opening, but this is a horrible location. You have Oceana High School, Good Shepherd, IBL Middle School and Pacifica Co-op Nursery School all in the vicinity. A lot of teenagers go to Eureka Square to get something to eat or hang out. I understand they will be allowed in the gun store. What kind of legitimate business do 14- and 15-year-olds have going in a gun store on a school day without their parents?
"Other guns shops on the Peninsula are on streets like El Camino, where you have to drive to get to them. It's fine for people who have guns and teach their children to use them responsibility, but for those of us who don't, it's a real affront to have them where we go every day. I think it was a completely inappropriate decision for the property manager to allow this in Eureka Square."
Hall says she's hoping the City Council takes a strong stand in legislating for the protection of children. Some municipalities have taken the regulations further than those imposed by the state and federal governments.
For example, adopting ordinances that prohibit a gun store in residential neighborhoods, or in "sensitive" areas such as schools, playgrounds or churches.
"We're working with a legal organization to develop a comprehensive ordinance. This made us realize how vulnerable the city of Pacifica is; that our ordinances don't address anything at all about handguns."
Councilmember DeJarnatt, while sympathetic, said it's the council's job to balance the concerns of the community with the legal rights of the business owner.
"I don't think it ever occurred to any of us that a gun store might want to locate to a suburban, residential area like Pacifica," he said.
to Police Chief Brennan though. That man right there has his head screwed on straight.
I've been living at my laptop for the past three days reading the .pdfs 
