GUNS - Alameda County District Attorney's OfficeInjuries in the United States” by Lee, Quraishi,...

IN ALAMEDA COUNTY2012-2018

ALAMEDA COUNTYDISTRICT ATTORNEY’S OFFICENancy E. O’Malley, District Attorney

GUNS

ContentsReflections ................................................................................................................. 2

Introduction .................................................................................................................. 4

Section I: Study Outline ................................................................................. 6 Data Collection ............................................................................. 7

Section II: National Firearm Statistics ................................................... 8 Licensed Dealers in Alameda County .............................. 9

Section III: Alameda County Crime Gun Statistics ........................... 11 Gun Details by Agency ............................................................. 13

Section IV: Lost and Stolen Firearms Entered into AFS ................. 23

Section V: Alameda County Gun Statistics - Purchased/Stolen ........................................................................ 25

Section VI: Firearm Cases & Gun Enhancements Prosecuted by the District Attorney ................................. 27

Section VII: Study of Prison Inmates/Source & Use of Firearms used in Crimes .................................................... 29

Section VIII: Mass Casualty Statistics ........................................................... 31

Section IX: Proper Safety & Storage of a Firearm ............................... 32

Section X: Making a Change ......................................................................... 35 New Laws .......................................................................................... 37

Section XI: Public Awareness Campaign – Gun Safety ................... 38

Section XII: The Art of Peace ............................................................................ 42

References .................................................................................................................. 50

Reflections

page 2

Gun Statistics - Alameda County

Alameda County District Attorney Nancy E. O’Malley commissioned Assistant Chief of Inspectors Craig Chew to conduct comprehensive research covering six years of data, addressing illegal firearms in our communities, the state and the nation. The ultimate goal of this research project is to bring greater awareness to the issue of firearm violence in our communities, to re-enforce safety and safe, secure storage of legal firearms and to identify new strategies to combating firearm violence and the proliferation of illegal firearms in California and our counties. The research is data-driven and in one notable area, identifies a significant gap in the gathering and reporting that can hinder law enforcement’s ability to investigate or the prosecution’s ability to effectively prosecute illegal firearms crimes. From this research and Report, the Alameda County District Attorney’s Office will convene a Law Enforcement Strategic Summit, which will include the California Department of Justice (CA-DOJ) and federal agencies including the U.S. Department of Alcohol, Tobacco and Firearms (ATF) to discuss and develop strategies to combat gun violence in our communities and address swift and thorough data access.

It is largely opined that most firearms used in crimes are stolen. Due to data gathering and reporting gaps, identifying which firearms used in crimes are stolen is incredibly difficult and time prohibitive. Essentially, when a firearm is reported stolen, law enforcement enters that fact into the Automated Firearm System (AFS) which is maintained by CA-DOJ. The data in AFS is transmitted by CA-DOJ to the ATF.

ATF and CA-DOJ have the ability to run a query as to the number of firearms reported stolen or lost. It is through those queries that this Report can provide data on lost or stolen firearms. When a firearm used in a crime is recovered by law enforcement during the investigation of the crime, law enforcement reports and records it in the AFS database that the firearm was “recovered.” There is no field in the database to indicate that the “recovered” firearm was previously recorded as “stolen.” In fact, the category “stolen” is overridden and replaced by “recovered.” In other words, once the stolen firearm is ”recovered” even if it is used in a crime, the AFS and ATF will show the firearm simply as recovered. While AFS and ATF have historical data on each firearm in the database, it is not available to law enforcement. We are told that the only way to capture the history of the firearm is to search one firearm at a time. Understanding technological advancements, it is essential that AFS and ATF databases include queries that can capture and report to law enforcement electronically, that a ”recovered” firearm used in a crime was previously reported “stolen.” The “stolen” field should never be overridden by a more current status update.

To make this point, a Team from the District Attorney’s Office looked at every firearm used in a crime that was prosecuted by the District Attorney’s Office in 2018. We found it

Alameda County District Attorney’s Office

shocking that we had to look up every firearm, one at a time, to determine the history and status of the firearm. The field of review included eight hundred sixty-two (862). Only four hundred thirty-two (432) – 50%, were registered in California. Only sixty-six (66) crime guns (7.6%) were registered to the individual who was arrested for the crime. The remaining four hundred thirty (430) firearms were not registered in California. There was no ability for the Team to determine if any of the eight hundred sixty-two (862) firearms, or even the four hundred thirty-two (432) firearms that were registered to an individual in California, were reported stolen or lost. This gap in data gathering and recordation is unacceptable.

Firearm trace data is a key clue for investigators in identifying firearms used in specific crimes. According to the CA-DOJ, Automated Firearms Unit, only the last in time entry (stolen v. recovered) is available to law enforcement. To go one step further, when a firearm is stolen and ultimately recovered by law enforcement, the database containing the history of the firearm being stolen will automatically drop off the system within 10 days after the gun is returned to the owner. While the complete firearm history remains stored in the DOJ-AFS database, it is not readily available to law enforcement and even when specifically requested, it is an ominous task to recover. Further, it was only through this research that this data gathering and recordation gap became known to law enforcement. It is obviously critical that law enforcement have access to the history of a firearm and how to obtain it.

Another challenge for law enforcement is that when a crime gun is not registered in the state where it was recovered, the only option for law enforcement is to trace the firearm through the U.S. Alcohol, Tobacco, Firearms and Explosives-National Tracing Center known as E-Trace. The National Tracing Center/E-Trace can provide historical data on a firearm. However, the information is also limited. Often the trace information is limited to the manufacturer, dealer record of sale and to the first purchaser. There may be times when the trace information can go further, but the data is dependent on information provided by the firearms dealers, law enforcement and the states. E-Trace will retain data provided by law enforcement. However, it is not mandatory for law enforcement to enter crime guns into E-Trace. Further, the U.S. Alcohol, Tobacco, Firearms and Explosives-National Tracing Center is barred from releasing tracing information for the purpose of research. Under the Tiahrt Amendment, the ATF and the National Tracing Center can only release tracing information to law enforcement or a prosecutor’s office in connection with a criminal investigation.

Communities plagued with gun violence need information to develop strategies and/or legislation to curb the illegal firearms in their communities. California and the Alameda County District Attorney’s Office have made illegal firearms, legal firearm purchase and safe storage of legal firearms top priorities. There is essential work to be done, particularly around data, integrity of databases and the inherent value of access by law enforcement to full firearm history.

The Alameda County District Attorney’s Office is dedicated to combating gun violence in the nation, as well as our county, a violence that has long plagued our communities. Oakland is the largest and most populated city within Alameda County. The City of Oakland has been the community most impacted by firearms and violence. Crimes involving firearms include homicides, shootings with injuries, shootings into an occupied or unoccupied home or vehicle, robbery with the use of a firearm, domestic violence and other crimes against persons. Such crimes have a significant emotional impact on our families and communities. The emotional impact devastates families by the loss of loved ones, victims left with permanent disabilities and children living in constant fear of firearm violence, thus creating adverse childhood experiences. The emotional effects impacts our future generations.

The effects of gun violence on our children is devastating. Children are our most prized commodity and the future of our country, yet in 2016 1,637 children between the ages of 0-17 died from gunshot wounds in the United States. This was a thirty percent increase from 2013. On average one in three homes with children have firearms in the residence. Most of the children are between five to 14 years of age and the presence of a loaded unsecured firearm in the home increases the risk of suicide among adolescents by four times.

The financial costs of gun violence in our communities affects the victim(s), the state and the populace of the United States. In a study “The Economic Cost of Firearm-Related Injuries in the United States” by Lee, Quraishi, Bhatnagar, Zafonte and Masiakos (2014) identified 385,769 incidents during a five-year period from 2006-2010. In these cases, the victims were treated at a hospital emergency room. The costs to treat the firearms-related injuries was over $88 billion. If the costs were translated to 2019 dollars, those same hospital visits would be over $103 billion. The conclusion of the study was that firearms-related injuries are not only a major economic burden to the American health care system but also to American society. These costs don’t include the financial burden to law enforcement and the judicial system. In a 2018 Washington Post article “The Enormous Economic Cost of Gun Violence” the article reported that gun violence costs the American taxpayer over $229 billion, this includes, medical treatment, legal fees, long-term prison costs, long-term medical and disability expenses, mental health care, emergency services, police investigations and security enhancements. When you break this down, this costs every man, woman and child nearly $700 per person whether they are a victim of gun

Introduction

page 4

Gun Statistics - Alameda County

violence or not. Indirectly the cost of gun violence in a community can also reduce the values of housing, community investments and business growth which has broader financial implications to more than just the victim themselves.

The devastating emotional and financial effect of firearms-related crimes is felt not only by the individual victims, but by the surrounding communities and beyond. In 2016, then California Governor Jerry Brown signed California Senate Bill 1006, the California Firearm Violence Research Act. This Senate Bill funded and established the California Firearms Violence Research Center at the University of California, Davis. The purpose of this Center was to study firearms-related violence. On July 4, 2017, the University of California Firearm Violence Prevention Center opened. The Center’s purpose is to focus on the underlying causes of firearm violence and finding effective pathways to prevent it. The Center will identify individual and social factors associated with an increased risk for gun violence and its effects on individuals and communities.

There is no greater priority for the Alameda County District Attorney’s Office than the safety, security and wellness of our communities, this includes on a local level and across the nation. The purpose of this Gun Data Project is to identify how firearms progress from the manufacturer to being recovered or seized by law enforcement. The Project will attempt to identify and examine the circumstances surrounding the recovery of firearms by law enforcement and to identify opportunities to reduce the number of guns and firearms-related crimes in Alameda County.

1.7 millionchildren live with unlocked & loaded guns

Among children, 89% of unintentional shooting deaths occur in the home.

page 5


* Gun statistics from Children’s Hospital of Philadelphia Research Institute

The data collected for this project is primarily from two different sources. The first source is the criminal cases that have been or are currently being prosecuted by the Alameda County District Attorney’s Office. The following information related to firearms was obtained from court dockets and cases:

1. Lower Court Docket2. Upper Court Docket3. First and Last Name4. PFN5. DOB6. Age7. Offense 8. Resolution of the Case9. Police Report10. Agency11. Brief Fact of the Crime12. Location of Recovery (Street, City)13. Registered/Lawful Owner (+DOB)14. Type of Gun15. Caliber16. Serial Number17. Date of Registration Transaction18. Dealer Information ** (Do not obtain at this time)

Penal Code sections pertinent to firearms-related charges:

PC 417.8 EXHIBITING DEADLY WEAPON TO POLICE OFFICER TO RESIST ARREST PC 626.9 (i) POSSESSION OF FIREARMS IN UNIVERSITY BUILDINGS PC 27545 UNLICENSED SALE OF HANDGUN PC 33215 POSSESSION OF SHORT-BARRELED RIFLE/SHOTGUN H&S 11370.1(a) POSSESSION OF A CONTROLLED SUBSTANCE WITH FIREARM PC 23900 OBLITERATING THE IDENTIFICATION OF A FIREARM PC 25100(c) THIRD DEGREE CRIMINAL FIREARM STORAGE PC 25135 IMPROPER STORAGE OF FIREARM IN HOME OF PROHIBITED PERSON PC 25400(a)(1) CARRYING CONCEALED FIREARM WITHIN VEHICLE

Study Outline

SECTION I

page 6

SECTION I - Study Outline

PC 25400(a)(2) CARRYING CONCEALED FIREARM ON THE PERSON PC 25400(a)(3) CAUSING CONCEALED FIREARM TO BE CARRIED IN VEHICLE PC 25850(a) CARRYING A LOADED FIREARM IN A VEHICLE IN A CITY PC 25850(a) CARRYING A LOADED FIREARM ON ONE’S PERSON IN A CITY PC 26350(a)(1) OPENLY CARRYING UNLOADED HANDGUN PC 27545 UNLICENSED SALE OF HANDGUN PC 29800(a)(1) POSSESSION OF FIREARM BY A FELON - PRIOR(S) PC 29900 POSSESSION OF FIREARM WITH PRIOR CONVICTION PC 30600(a) FURNISHING ASSAULT WEAPON PC 30605(a) POSSESSION OF AN ASSAULT WEAPON PC 32625(a) POSSESSION OF A MACHINE GUN PC 626.9(b) POSSESSION OF A FIREARM IN A SCHOOL ZONE

Examples of the databases to be used are:

1. ACDA’s Office Scanning Database2. AFS3. CRIMS4. DALITE5. LEAP6. OPD7. BEAST (Property and Evidence Data Base)

It should be noted that not all crimes in which a firearm was used, such as homicide, assault with a deadly weapon, armed robbery and brandishing a firearm, means that a firearm was recovered. In these types of crimes, law enforcement may not immediately apprehend the individuals responsible and the firearm is not recovered. However, where the firearm is recovered, additional charges or enhancements related to the firearm are reflected in the arrest and docket history.

The second source of general information was collected from the California Department of Justice (DOJ) - Bureau of Firearms. The statistical data from the California Department of Justice - Bureau of Firearms is collective data for all law enforcement agencies within Alameda County and the State of California for comparison purposes. The statistical data obtained from the California Department of Justice - Bureau of Firearms was narrowed to the number of firearms entered into the Automated Firearms System under Crime Guns, Stolen, Lost, Recovered and Dealer Record of Sales, from 2012 through 2018 in Alameda County.

Data Collection

page 7


National Firearm Statistics

SECTION II

According to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as of January 2018, there are 80,010 listed Federal Firearms Licensed Dealers in the continental United States and Alaska. In California, there are 3,002 listed Firearms Licensed Dealers and of that, there are only 38 in Alameda County. The ATF also reports that from 2012 through 2016, companies in the United States manufactured 49,330,130 firearms and from 2012 through 2017 the United States imported 27,569,635 firearms for a total of over 76 million firearms. These statistics reflect the number of firearms for the American consumer and domestic law enforcement, and exclude firearms manufactured for the U.S. Military. (ATF, 2019)

In order to purchase a firearm in California, the Federal Firearms Licensed Dealers (FFL) must conduct a background check on the purchaser. As part of the background check, the purchaser’s information is run through the FBI’s National Instant Criminal Background Check System. This system was established for the FFL’s. According to the FBI’s NICS System, from January, 2012 through March 2019, there have been 170,615,748 background checks to purchase firearms in the United States. (FBI, 2019)

According to a study conducted by Flower, Dalberg, Haileyesus, Gutierrez and Bacon (2017), “On average from 2012 to 2014, nearly 1,300 children died each year in the United States from a firearms related injury”. “Fifty-three percent of these were homicides and thirty-eight percent were suicides, six percent were unintentional firearms deaths, and the remaining three percent were due to legal intervention and undetermined intent” (p. 5). The impact of gun violence among our youth continues to rise. In 2016 1,637 children between the ages of 0-17 died from gunshot wounds in the United States. This was a thirty percent increase from 2013. Studies show that a component of the increase is that children have immediate access to a firearm. On average one in three homes with children have firearms in the residence. Most of the children are between five to 14 years of age and the presence of a loaded unsecured firearm in the home increases the risk of suicide among adolescents by four times. The emphasis should be placed on gun owners to properly secure their firearms.

page 8

SECTION II - National Firearm Statistics

0 2 4 6 8 10 12

San Lorenzo

San Leandro

Newark

Livermore

Hayward

Fremont

Dublin

Castro Valley

Alameda 1

1

1

3

4

8

7

11

2

Federal Firearms Licensed Dealers in Alameda County

A 2012 study conducted by the Alameda County District Attorney’s Office traced the origin of 179 crime guns. It was found that federal firearms license dealers in Alameda County were the origin for 17% of the guns. Sacramento and Santa Clara Counties were the origin of 4.46% of the guns; Los Angeles County was the origin of 3.91% of the guns; and Contra Costa County was the origin of 2.79%. These counties are referred to as the source counties for the crime guns.

Based on the data collected, we also determined that Nevada and Texas were the two highest source states with 4.4%, followed by Arizona with 2.7% of the crime guns coming from outside the State of California.

In the study, the firearms tracing showed the top two firearms dealers were Traders Sports with 15 crime guns and Big 5 Sporting Goods with 11 crime guns. Of the guns sold by Big 5 Sporting Goods, six of these crime guns were sold in Alameda County locations, four were sold at other Big 5 California stores outside of Alameda County, and one was sold in a store in another state.

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ 2018 list of Federal Firearms License Dealers (FFL), Alameda County has 38 dealers. The number of dealers are listed by cities below:

Number of Federal Firearms Licensed Dealers in Alameda County

page 9


YearAll Agencies (including

Alameda County)Alameda County

AgenciesOverall Percent

Compared to Statwide

2012 371,111 6,446 1.76%2013 403,426 7,454 2.04%2014 879,040 19,320 2.02%2015 831,075 18,494 2.27%2016 1,264,723 29,850 2.41%2017 829,519 19,512 2.40%2018 458,732 9,430 2.05%

Dealer Record of Sales for the Number of Firearms Sold in Alameda County Compared to the State of California Overall Sales

According to the California Department of Justice (DOJ) - Bureau of Firearms, Alameda County has a relatively small amount of purchased handguns compared to the rest of the State of California.

page 10

SECTION II - National Firearm Statistics

More than 237,000 guns nationwide were reported stolen to the National Crime Information Center in 2016.*

INCREASE IN STOLEN WEAPONS

REPORTED TO THE fbi. 68% sINCE 2005, THERE HAS BEEN A

* Gun statistics from Nation and World, “Analysis: Lost, stolen guns used thousands of crimes.” 12/1/2017 Katie Wilcox, AP

SECTION III

Alameda County Crime Gun Statistics

In 2012, the Alameda County District Attorney’s Office conducted a study on firearms-related crimes in the County. A portion of the study focused on gun dealers. In this study, it was determined that 15 of the 179 firearms tracked were sold through Traders Sports in San Leandro, California. This number represented the largest single number of sales associated with one firearms dealer. According to a report written by the Brady Center to Prevent Gun Violence, titled “Trading in Death, Profile of a Rogue Gun Dealer”, Traders Sports was the second largest supplier of crime guns in the nation. In 2000, 46% of the guns used in crimes recovered in the City of Oakland were sold through Traders Sports. In 2005, 447 guns used in crimes nationally were traced to Traders Sports in San Leandro, meaning that law enforcement was recovering more than one crime gun per day traced to Traders Sports. Of those 447 crime guns, 279 were recovered in the San Francisco Bay Area. The remaining 168 firearms were recovered outside the area or nationally. Ultimately, in 2006, Traders Sports did not contest the revocation of their federal firearms license and closed their doors. However, six years after Traders Sports closed, crime guns are still being recovered that were purchased at that store. The lasting effects of a bad gun dealer can be felt for decades.

page 11


0

200

400

600

800

1000

1200

1400

1600

2012 2013 2014 2015 2016 2017 2018

Total # of Firearms entered into AFS classified as a Crime Gun Actual # of Crime Guns Associated with a Criminal Case

782

1,206

540

547

1,361

1,296

769

1,000

881

1,094

941

788 862

787

Crime Guns in Alameda County

Note: Crime Guns are classified as such because they are confiscated or seized by law enforcement. The reason for such action could be the result of an arrest, a crime, a suicide, or seized and/or turned in by someone due to an event such as a restraining order, a police call, or a person was prohibited from possessing firearms. Thus, not all guns classified as crime guns have been used in a crime. The phrase in Penal Code section 11108.3 referring to firearms “used in a crime, or are suspected of being used in a crime,” does not account for Crime Code 0098 (found) and 0914 (suicide) and 0915 (attempted suicide), and several other codes referencing circumstances where crimes could not be charged. Nevertheless, the purpose of entering these firearms into the database is for ATF trace purposes.

According to the California Department of Justice (DOJ), from the years 2012 through 2018, Alameda County law enforcement agencies recovered an annual average of 1,114 crime guns. However, of these only 758 were related to a specific crime. When a law enforcement agency recovers a firearm that was related to a suicide, attempted suicide or other non-criminal matter, and the gun was taken for safekeeping, it is considered a crime gun for entry purposes.

SECTION III - Alameda County Crime Gun Statistics

page 12

0

10

20

30

40

50

60

70

80

2012 2013 2014 2015 2016 2017 2018

67

41

2 2 2 2 2 1 2

10 9 94

85

8

Alameda County Sheriff’s Office

55

27

36 3530

25 26

53

41

2018

28

Stolen Lost Cases Recovered

page 13


Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns

Gun Details by Agency - Alameda County

Recovering lost and stolen firearms is certainly a priority of law enforcement. The following graphs reflect the number of firearms entered into the California Department of Justice (DOJ) - Bureau of Firearms, Automated Firearms System as lost and stolen firearms. The graphs are broken down individually by cities, years, stolen, lost, cases and recovered firearms. The intent of this section is to enable the reader to determine the number of lost, stolen and recovered crime guns in particular cities.

“Crime guns” is a general term used to discuss firearms recovered by law enforcement that are not considered to be lost or stolen. These guns are seized by law enforcement in criminal cases or as a result of a crime, restraining order, suicide, attempted suicide, or found.

Note: The data contained in these graphs reflect the number of firearms entered into the Automated Firearms System as stolen and lost by the respective agencies and the year. It is important to point out that in some cases, multiple firearms were stolen in a single case. It is also important to note that the number of recoveries is specific to the firearms that were reported in these particular years, not to the case.

“Cases” refers to a reported incident when a case is opened with a police report number.

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

2012 2013 2014 2015 2016 2017 2018

Albany Police Department

3 3 3

2 2 2

3

4

1 1 1

0 0 0 0 0 0 0 00


Alameda Police Department

0

2

4

6

8

10

12

14

16

18

2012 2013 2014 2015 2016 2017 2018

14 14 14

11 1111

1615

7 76 6

8

01 1

4

1 1

3

0 0 0 0

8 8

2 2



page 14

Individual Agency Numbers for Stolen, Lost, Cases and Recovered Guns - continued

No

ne

rep

ort

ed

No

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ed

Berkeley Police Department

0

5

10

15

20

25

2012 2013 2014 2015 2016 2017 2018

20

18

14

10 10 10

8

4

0 0

9

22 2

3 3 31 1 1

11 11

5 67

17

14

4


0

2

4

6

8

10

12

14

16

2012 2013 2014 2015 2016 2017 2018

Dublin Police Department

7 766 6 6

21 1 1 1 1 1 1

0 0 0 0

12

15

10

5

8 8

3 334


page 15




page 16


Emeryville Police Department

0

2

4

6

8

10

12

2012 2013 2014 2015 2016 2017 2018

6 6

0 0 0 0 0 0 0 0 0 0 0

2

11 11

5 54 4 4

1 1 1

3 3 3 3


0102030405060708090

100

2012 2013 2014 2015 2016 2017 2018

Fremont Police Department

32

23

2 6

18 1816 16 16

1 1 1 1

48

22

7 75 5

89

26 2630

82 0

103




0

10

20

30

40

50

60

70

80

2012 2013 2014 2015 2016 2017 2018

Hayward Police Department

69

1

25

12

44

2 2 2 2

40

7

35

10

29

12

4237

5

35 35

10

34

0

23

43

4

15

7


0

5

10

15

20

25

30

35

40

45

Livermore Police Department

16

0 0 0 02

4 4

18

13

3 3 3 3 3

29

118

40

17

6

18

13

17

13

27

9

15

2012 2013 2014 2015 2016 2017 2018


Oakland Police Department

0

20

40

60

80

100

120

140

160

2012 2013 2014 2015 2016 2017 2018

141

0 0 0 0 0

110

24

113

91

18

130

89

12

108

1

95

14

112

1

76

11

82

58

6

7362

2


Newark Police Department

0

10

20

30

40

50

60

2012 2013 2014 2015 2016 2017 2018

48

1

118 7 7

0 0 0 0 0 03

24

8

2

13

7 75 6

2

7 6 62 3 1



page 18


0

0.5

1

1.5

2

2.5

3

3.5

2012 2013 2014 2015 2016 2017 2018

Piedmont Police Department

2 2

0

1 1 1 1 1

3 3


page 19



No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

Pleasanton Police Department

02468

101214161820

2012 2013 2014 2015 2016 2017 2018

9

2 2 2 2 2

8

1 1 1 1 1 10 0

7 7

19

4 4

15

87

11

8

14

2

6


05

101520253035404550

2012 2013 2014 2015 2016 2017 2018

San Leandro Police Department

30

3 3 32 2 2

7

44

38

10 10

27

4

23

36

22

5

18

1 1

17

34

11

25 24

8

23


0

5

10

15

20

25

2012 2013 2014 2015 2016 2017 2018

Union City Police Department

21

1 1 1

18

4 4 4 4

14

11

3

0 0 0 0 0 0

10

7 7

14

23 3

23

9

2



page 20


0

0.5

1

1.5

2

2.5

3

3.5

2012 2013 2014 2015 2016 2017 2018

East Bay Regional Parks Police Department

2 2 2 2

3 3


0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

2012 2013 2014 2015 2016 2017 2018

BART Police Department

2 2 2 2 2

3 3 3

1 1

4

0 0 0 0 0


page 21



No

ne

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ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

ne

rep

ort

ed

No

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ed

SUICIDE

HOMICIDE

other

92 5832

2On average

people are killed with guns every day*

it’s not all crime

*America’s gun problem, explained.

0

0.5

1

1.5

2

2.5

2012 2013 2014 2015 2016 2017 2018

California Highway Patrol

1 1 1 11 1 1 1

2 2

0 0 0 00 0 0 0 0 0



page 22


No

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No

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SECTION IV

page 23


All Agencies (including Alameda County) Alameda County Agencies

0

500

1000

1500

2000

2500

2012 2013 2014 2015 2016 2017 2018

Lost and Stolen Firearms Entered into the Automated Firearms System

Lost and stolen firearms are a serious problem locally and nationally. From 2012 through 2018, 11,007 firearms were reported lost in California, with an average of 1,572 per year. In that same time period, the California DOJ reported that 94,456 firearms had been stolen, with an average of 13,493 a year. This is why proper and secure storage of firearms is so important, not only to safeguard the firearms in the homes from children, but also to prevent them from being stolen.

Effective January 1, 2019, California Penal Code section 11108.2 requires law enforcement agencies to enter any lost or stolen firearms into the Automated Firearms System within seven days of the agency obtaining the information. Identification by law enforcement agencies of a firearm as lost or stolen is critical to the agencies’ investigations. Based on the data provided by the California Department of Justice, Alameda County is below the state average for lost and stolen firearms entered into the Automated Firearms System.

Guns Lost Alameda County and Statewide

1,26

3 1,416

1,277 1,4

91 1,6

87 1,9

89

1,88

4

1618

22

46

32

3046

Lost Overall Percent Compared to Statewide

2012 1.26%2013 1.27%2014 1.70%2015 3.08%2016 1.89%2017 1.50%2018 2.44%

24,2

96

12,0

33

10,8

63

11,8

38

12,3

99

12,2

66

10,7

61

457

363

379

367

381

283

326

0

5000

10000

15000

20000

25000

30000

2012 2013 2014 2015 2016 2017 2018

All Agencies (including Alameda County) Alameda County

Guns Stolen Alameda County and Statewide

stolen Overall Percent Compared to Statewide

2012 1.88%2013 3.01%2014 3.48%2015 3.10%2016 3.07%2017 2.30%2018 3.02%

SECTION IV - Lost & Stolen Firearms Entered into AFS

are killed or receive emergency treatment for gunshot wounds

19EVERY DAY.

children

of children killed with guns in 2015 were under the age of 12.*

75%

* Gun statistics from Children’s Hospital of Philadelphia Research Institute

SECTION V

page 25


Alameda County Gun Statistics - Purchased/Stolen

Percent of Guns Stolen Compared to Number Purchased

What this data reveals is that Alameda County is consistently above the state average in lost/stolen guns. In the six-year period 2012-2018, Alameda County has an average of 2.68% of lost/stolen firearms vs. purchased, compared with a state average of 2.33%.

Purchased by

Lost/StolenDealer Record

of Sales

Alameda County Res idents

outs ide the

County1

Lost/StolenDealer Record

of Sales

2012 473 6,446 3,785 25,086 364,665 2013 381 7,454 2,777 13,068 395,972 2014 401 19,320 5,750 11,739 859,720 2015 413 18,494 3,257 12,916 812,581 2016 413 29,850 3,380 13,673 1,234,873 2017 313 19,512 2,479 13,942 810,007 2018 372 9,430 1,832 12,645 458,772

Alameda County California

Years

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

2012 2013 2014 2015 2016 2017 2018

6,4467,454

19,320 18,494

29,850

19,512

9,430

Guns Purchased - Alameda County

Guns Stolen - Alameda County

0

50

100

150

200

250

300

350

400

450

2012 2013 2014 2015 2016 2017 2018

457

363 379 367381

283

326

SECTION V - Alameda County Purchased/Stolen

SECTION VI

page 27


Firearm Cases & Gun Enhancements Prosecuted by the District Attorney’s Office

Often our prosecutors will add criminal enhancements to cases where a firearm was used as an instrument of the crime. In most circumstances, the case involves great bodily injury (GBI) or death. The enhancements will add incarceration time to an individual’s sentence.

12022.53(b) SPECIAL ALLEGATION - PERSONAL USE OF A FIREARM

SPECIAL ALLEGATION - PRINCIPAL’S USE OF A FIREARM - GANG CASE

12022.53(c) SPECIAL ALLEGATION - PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM

SPECIAL ALLEGATION - PRINCIPAL’S INTENTIONAL DISCHARGE OF A FIREARM - GANG CASE

12022.53(d) SPECIAL ALLEGATION - PERSONAL AND INTENTIONAL DISCHARGE OF A FIREARM, GBI

SPECIAL ALLEGATION - DISCHARGE OF FIREARM, GBI - Penal Code §246

From our research, we discovered that the overwhelming majority of prosecuted cases in our county are from handgun-related incidents. Handguns are more accessible and concealable than the other types of guns listed.

0

100

200

300

400

500

600

700

800

Handgun Rifle Shotgun Assault Weapon

2012 2013 2014 2015 2016

692

45 63

3934 22 2439 39 2041

48

2126 22 10

381

456

550

456

Gun Types in Cases Prosecuted by District Attorney’s Office

1. The column is the number of firearms purchased outside of Alameda County by Alameda County residents.

For the purposes of this report, the following numbers of cases were charged with Gun Enhancements for

the appropriate years.

0

50

100

150

200

250

300

2012 2013 2014 2015 2016 2017 2018

Cases

230

282

197

224

169

198175

SECTION VI - Firearm Cases & Gun Enhancements

SECTION VII

page 29


Study of Prison Inmates/Source and Use of Firearms Involved in Crimes

In January 2019, the U.S. Department of Justice, Office of Justice Programs/Bureau of Justice Statistics, (Glaze, 2019) released a report which studied the Source and Use of Firearms Involved in Crimes. The research data was collected from an estimated 1,421,700 State and Federal inmates in 2016. Of these inmates, 40,100 did not participate in the study leaving 1,381,600 individuals who participated in the research. 1,094,200 individuals were excluded from this study because they were not armed with a firearm during their crimes. In this 2016 study, the researchers interviewed individuals who were incarcerated for firearms-related crimes in both State and Federal facilities (287,400 persons). In other words, these individuals used a firearm or were armed during the commission of the crimes for which they were convicted. The target population for this study were individuals convicted and awaiting sentencing, or individuals already sentenced in 2016 to either State or Federal Prison. The sampling of this study spanned 1,808 State Prisons and 193 Federal Prisons.

The study determined that one in five (20.8%) individuals were incarcerated for firearms-related crimes and more than one in eight (13%) of the individuals brandished or discharged a firearm during the offense for which they were incarcerated. The study also found 56% of the inmates stole the firearm, 6% found the firearm at a crime scene, and 43% obtained the firearm from the underground market.1 Only 1.3% actually purchased the firearm legally from a licensed firearms dealer and had it registered under their own name.

The most disturbing information determined from this study was that 77,598 (27%) of the individuals who possessed a firearm during their crimes committed homicide with the firearm; 34,488 (12%) of the individuals injured someone with the firearm; and 20,188 (7%) of the individuals fired the weapon, but did not injure anyone. In total, 112,086 (39%) individuals discharged the firearm and caused injury or death. The researchers went on to determine that nearly half of the state prisoners (46%) discharged the firearm in the course of the crimes for which they are incarcerated, whereas only 12% of the federal prisoners did.

1 Definition: The study defined the underground market as illegal sources of firearms that include stolen goods, middlemen of stolen goods, criminals or criminal enterprises, individuals or groups in sales of illegal drugs.

0

50,000

100,000

150,000

200,000

250,000

Homici

de

Rape/S

exual

Assau

lt

Robbery

Assau

lt

Other

Viole

nt

Property

Drug

Public O

rder

Other

Unknow

n

# Inmates who committed the crime % had a gun when committing crime % used the gun

No

dat

aN

o d

ata

No

dat

a

191,4

00

43.6

%

37.2

%

0.8

%

31.5

%

20.6

%

12.6

%

2.0

%

0.8

%

5.6

%

2.0

%

43.3

%

25.0

%

17.0

%

4.9

%

8.4

%

21.5

%

4.3%

144,

80

0

149

,60

0

149

,40

0

32,2

00

186

,100

180

,80

0

158

,30

0

3,9

00

14,9

00

State Inmates

Federal Inmates

Homici

de

Rape/S

exual

Assau

lt

Robbery

Assau

lt

Other

Viole

nt

Property

Drug

Public O

rder

Other

Unknow

n

# Inmates who committed the crime % had a gun when committing crime % used the gun

010,000

30,000

50,000

70,000

90,000

No

dat

aN

o d

ata

No

dat

a

No

dat

aN

o d

ata

No

dat

aN

o d

ata

No

dat

a

3,8

00

1,36

4

1,079

2,40

0 10,7

00

4,9

54

3,43

5

2,9

00

841

525

1,20

0

409

12,0

00

80,5

00

52,9

00

15,9

762,

804

1,80

0

2,20

09,90

2

483

312

SECTION VII - Study of Prison Inmates

SECTION VIII

Mass Casualty Statistics

page 31


During the time period of this report, from 2012 through 2018, Active Shooter incidents have risen steadily. These incidents have threatened the safety of our communities and nation. The Federal Bureau of Investigation reports that from 2012 through 2018, there have been 155 incidents nationally that resulted in 532 persons killed and 1,146 injured for a total of 1,679 casualties. That is nearly two Active Shooter incidents a month somewhere in the United States. The statistics are particularly sobering, when California is compared to the rest of the United States. California has the most Active Shooter incidents in the United States, with a total of 31 since 2000 and 17 during this reporting period. Florida is next, with 24 incidents, followed by Texas with 17 incidents since 2000.

Sadly, Alameda County is not immune to an Active Shooter. In 2012, a former student walked into the Oikos University in the City of Oakland, shot and killed seven people and injured three others. This was the deadliest mass shooting in city and county’s history.

In a 2018 study conducted by Garen Wintermute, the Director of the California Firearms Violence Research Center, titled “How to Stop Mass Shootings”, he outlines actions to prevent firearm violence: improve background check policies, require background checks for private-party transfers, require states and local agencies to report prohibiting events, fully implement the existing background-check requirements, clarify definitions of prohibiting events and strengthen enforcement efforts.

people532 havebeenkilled

in Active Shooter incidents since 2012

SECTION IX

page 32

Proper Safety & Storage of a Firearm

In California, firearm safety starts before a person is able to purchase any type of firearm. Prior to purchasing a firearm, an individual must complete a firearm safety course and receive a “Firearm Safety Certificate,” known as an FSC. In order to obtain the FSC, an individual must pass a California Department of Justice (DOJ) written test on firearm safety administered by a DOJ Certified Instructor. This is mandatory under the law. California Penal Code section 26840 (a) provides:

A dealer shall not deliver a firearm unless the person receiving the firearm presents to the dealer a valid firearm safety certificate, or, in the case of a handgun, an unexpired handgun safety certificate. The firearms dealer shall retain a photocopy of the firearm safety certificate as proof of compliance with this requirement.

The California Department of Justice Bureau of Firearms has published a study guide for the Firearms Safety Certificate. The study guide can be located on-line at the following link:

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscsg.pdf

The study guide covers topics including safe and responsible firearms ownership, firearm safety rules, safe storage laws, safe handling of firearms, ammunition, firearms laws regarding sales and transfer of ownership and other pertinent information regarding firearms.

When an individual purchases or transfers the ownership of a firearm through a Federal Firearms Licensed Dealer, the individual is required to have a firearm safety device. This locking mechanism must be listed on the California Department of Justice Firearm Safety Device Roster. California Penal Code section 23635 (a) provides:

Any firearm sold or transferred in this state by a licensed firearms dealer, including a private transfer through a dealer, and any firearm manufactured in this state, shall include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm, or to the physical characteristics of the firearm that match those listed on the roster for use with the device.

Safety

SECTION IX - Proper Safety & Storage of a Firearm

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscsg.pdf


Storage

Proper storage of a firearm is required under California Penal Code sections 25100 and 25105. Any owner of a firearm shall keep the firearm in a locked container or in a location that a reasonable person would believe to be secure. The intent of these laws is to prevent access by children to firearms. However, an owner should also properly secure the firearm to prevent theft.

The following laws regulate the proper storage of a firearm in California:

PC 25100 Criminal Storage of a Firearm

PC 25105 Exceptions to Criminal Storage of a Firearm (PC 25100)

PC 25120 Criminal Storage of a Firearm by parent/guardian of child injured or killed as a result of accidental shooting

PC 26835 Firearms Dealers must post safe storage and safety information

The California Department of Justice has made recommendations on the standards for gun safes to help gun owners properly secure their firearms. The recommendations are located at the following link:

https://oag.ca.gov/firearms/gunsafe

Several states have some form of safe storage laws

Some states limit safe storage laws to where children are likely to have access

MA requires all firearms be stored with a lock in place

CA, CN, NY impose requirements in limited circumstances

There are no federal laws requiring gun owners to safely store their guns

A roster of California Department of Justice certified firearms safety devices can be found at the following link: https://oag.ca.gov/firearms/fsdcertlist

https://oag.ca.gov/firearms/gunsafe

https://oag.ca.gov/firearms/fsdcertlist

Proper storage of a firearm is not limited to a residence. It is also important to properly secure the firearm when transporting it in a vehicle. Under California Penal Code section 25140, subdivisions (a) through (f), it is the responsibility of the person transporting the handgun to properly secure it when leaving the vehicle unattended. A person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk; secure the handgun in a locked container and place the container out of plain view; lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view; or lock the handgun in a locked toolbox or utility box. The handgun may be secured in the trunk of the vehicle; however, the trunk must be fully enclosed and locked as the main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment.

Law enforcement officers leaving a handgun in an unattended vehicle are also subject to this law. Officers have a higher ethical responsibility to properly secure their handguns and have a duty to their communities to adhere to this law.

Alameda County is consistently above the state average in lost/stolen guns. According to data for the period 2012 through 2018, for the number of firearms purchased in Alameda County, an average of 2.68% of those guns were later reported lost or stolen, as compared to the state average of 2.33%. Proper storage can reduce the number of lost and stolen firearms within our communities.

SECTION IX - Proper Safety & Storage of a Firearm

SECTION X

page 35


In 2018, District Attorney O’Malley and her staff identified areas in existing law which could be improved to reduce the number of crime guns and keeping them out of the wrong hands. Working with members of the California Legislature, the Alameda County District Attorney’s Office proposed specific legislation to remedy these areas. Below are those proposed legislation changes:

Penal Code section 25140 subdivisions (a) through (f):The law as currently written mandates the proper storage of a “handgun” in an unattended vehicle. The law requires that both civilians and peace officers properly secure their “handgun(s)” when leaving the vehicle unattended. Persons must lock their “handgun(s)” in the trunk of the vehicle or a locked container within the passenger compartment of the vehicle. The locked container must also be out of plain sight when left in the passenger compartment of the vehicle unless it is permanently attached to the vehicle.

The following are the areas where this law can be reinforced:

1. First, this law only addresses “handgun(s).” This law does not address rifles, shotguns or assault weapons. Rifles, shotguns and assault weapons are common types of weapons that law enforcement use on a daily basis. Additionally, law abiding citizens also transport their rifles and shotguns in a vehicle.

2. Second, the law states only that “when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box”.

However, securing the handgun in a locked container out of view does not address the issue completely. If an individual breaks into the vehicle and steals the container, ultimately the individual will be able to access the firearm. The law needs to go further. If a locked container is not permanently attached to the vehicle, it should be cable locked to the frame of the vehicle.

Making a Change

District Attorney Nancy E. O’Malley is a member of the national Prosecutor’s Against Gun Violence (PAGV). Public safety is District Attorney O’Malley’s number one priority. On the issue of crimes and gun violence, she endeavors to enhance our existing laws and draft sensible legislation that will further the effort to protect our communities.

3. Third, the law states that an individual can simply lock the handgun in the trunk of a vehicle. However, most trunks are easily accessible through the passenger compartment of the car by one of two ways. For most passenger vehicles, the back seat folds down by simply unlatching it, providing access to the trunk. The trunk is also easily accessible by utilizing the remote trunk release button in the passenger area. Most auto burglars are aware of these features and utilize them often, providing the burglar access to anything that is in the trunk area of the vehicle including the handgun.

Proposed ChangesSolution: This law should change the wording to include “rifles, shotguns or assault

weapons” or simply change in the wording to “any firearm”.

Solution: The law should require an individual to use a cable or chain and a credible padlock to secure the firearm or lock box to the frame of the vehicle when locking the firearm in the passenger compartment of the vehicle.

Solution: The law should require either a permanently attached lock box in the trunk or require the individual to cable/chain lock the firearm or case to the frame of the vehicle when storing the firearm in the trunk.

Mental Health OffendersIn January 2019, a new mental health law took effect, California Penal Code section 1001.36. It allows courts to grant pretrial diversions in misdemeanor and felony cases when a court is satisfied that a defendant suffers from a mental disorder and the disorder played a significant part in the commission of that person’s crime. For a defendant granted pre-trial diversion, nothing in Penal Code section 1001.36 restricts that individual from possessing, owning or purchasing a firearm. Welfare and Institutions Code section 8103 concerns weapon bans for certain persons admitted for psychiatric treatment who have been assessed a danger to self or others. However, Welfare and Institutions Code section 8103 does not address individuals referred under this new mental health diversion law. Defendants at risk of harming themselves or others should not have easy access to weapons. It is essential that our laws keep weapons out of the hands of those persons who may be suicidal or violent. Therefore, the Alameda County District Attorney’s Office proposed a legislative change to Welfare and Institutions Code section 8103. The District Attorney’s Office recommended that the law be amended to include Penal Code section 1001.36 so that a person found by a court to be eligible for mental health diversion may not purchase or receive, or attempt to purchase or receive, or have in his or her possession, custody or control, any firearm or any other deadly weapon, unless the person has successfully completed diversion under Penal Code section 1001.36.

Addressing these issues would reduce the number of firearm-related crimes. Both of these proposed legislative modifications were common sense changes that would make our communities safer.

SECTION X - Making a Change


New Laws

Gun Violence Restraining OrderEffective January 1, 2016, Penal Code sections 18155 and 18175 authorize Gun Violence Restraining Orders. Under these statutes, an immediate family member (spouse or domestic partner, parent, child, cohabitant, grandparents or grandchildren) or police officer can petition the court for a restraining order prohibiting the subject from possessing a firearm or ammunition for one year. The subject must pose a significant danger of causing injury to him/herself or to another by possessing firearms or ammunition, and there is no less restrictive means of preventing injury. Testimony and documentary evidence, including police reports, showing the subject’s recent threats and acts of violence, his or her criminal history, failure to comply with previous restraining orders, substance abuse, and recent acquisition of weapons is required. The hearing for the order is the same procedure as other restraining orders. Proof must be by clear and convincing evidence. There is no filing fee for this restraining order. The restraining order lasts for one year. The subject may apply once for a termination of that order. The petitioners may petition the court for a renewal within the three months before the expiration of the order, and any renewal order shall be for one year.

Proposition 63In 2016, then Lieutenant Governor Gavin Newsom proposed Proposition 63, which was passed by the voters. Proposition 63 calls for expanded background checks, specifically background checks when purchasing ammunition and magazines. Those persons selling ammunition must register for a license to do so. In other words, ammunition and magazine sales now operate the same as gun sales. The proposition also calls for a ban on large-capacity ammunition magazines (magazines capable of holding more than 10 rounds). District Attorney Nancy E. O’Malley recognized the benefits of Proposition 63 for the safety of our communities. District Attorney O’Malley supported the Proposition and wrote the response to the rebuttal argument during the legislative process.

As a result Proposition 63, the following mandates went into law in stages.

PC 25250 Reporting mandate of lost and stolen guns: July 1, 2017PC 30312 Banning internet sales of ammunition: January 1, 2018PC 32310(b) “Large” capacity magazine possession ban: July 1, 2017PC 30342 Ammunition vendor licensing requirement: January 1, 2018PC 29810 Confiscation of firearms from prohibited persons: January 1, 2018PC 30352 Information to be recorded upon delivery of ammunition and sent to

the Department of Justice: July 1, 2019

SECTION XI

page 38

Public Awareness Campaign - Gun SafetyThe public awareness campaigns are an important pathway to get out the message that gun owners have a legal obligation to properly store their firearms out of the reach of children. Clearly, the consequences can be deadly. In addition, guns stolen from a home can be used in crimes, which can also have tragic consequences.

In June 2017, the Alameda County District Attorney’s Office partnered with the Brady Center to Prevent Gun Violence and the American Academy of Pediatrics in the ASK (Asking Save Kids) Gun Safety Campaign. The intent of this campaign is to raise awareness surrounding the issue of children and adults being placed at risk for serious injury or death from unsecured firearms. This campaign is designed to disseminate important statistical information regarding the problem and consequences of improper storage of a firearm in a residence.

In October 2017, the Alameda County District Attorney’s Office, in partnership with Clear Channel Outdoors, launched a gun safety/public awareness campaign using billboards and bus shelters. This campaign focused on the safe storage of firearms. As District Attorney Nancy E. O’Malley stated about the safe storage of firearms, “The message is strong and clear and it will save lives. If there are children living in or visiting your home, your gun must be secured and locked in a place that no child can access. When gun owners follow this law, lives are saved and tragedies are prevented.”

Children are naturally curious and enjoy looking into hiding places. When an adult’s negligent gun storage is combined with a child’s interest in exploration, the consequences can be deadly.

savea life!

lock up your guns

A message from the Alameda County District Attorney’s Office

For more about gun safety visit alcoda.org/gun-safety

SECTION XI - Public Awareness Campaign - Gun Safety


The information collected in this report reveals that lost and stolen firearms are a significant issue within Alameda County and California. Often, proper storage of firearms and utilizing safety devices, lock boxes and safes can reduce the number of firearms that are stolen from homes, businesses and vehicles. California Penal Code sections 25100 and 25105 address criminal storage of a firearm, while California Penal Code section 25140 (a) though (f) delineates the responsibility of a person who leaves a firearm in an unattended vehicle.

Bringing awareness to the issue of proper storage of a firearm can reduce the number of firearms that are accessed by children or reported as lost or stolen. This public awareness

campaigns starts when an individual purchases a firearm. Effective January 1, 2019, pursuant to California Penal Code section 26835(a)(1) through (9), a licensed firearm dealer shall post conspicuously within the licensed premises the required safety and storage warning. This warning contains nine items that shall be posted in not less than one inch block lettering. Reducing the number of firearms that end up as crime guns will make our communities safer.

Public Awareness Campaign - Gun Safety

Is your gun safe?Most gun crimes are committed with stolen guns.

Practice gun safety. Keep your gun locked up and unloaded. For more about gun safety, visit alcoda.org

A message from the Alameda County District Attorney’s OfficeNancy E. O’Malley, District Attorney

don’t Let your gun be used to kill someone


save a life!lock up your guns

For more about gun safety visit alcoda.org/gun-safety


Don’t let your gun fall into the

MAKE SURE YOUR GUNS ARE

locked up

WRONG HANDS


SECTION XI - Public Awareness Campaign - Gun Safety


Lock up your gunsSAVE A LIFE

A message from the Alameda County

District Attorney’s Officealcoda.org/gun-safetyFor more information on gun safety, visit:


SECTION XII

page 42

The Alameda County District Attorney’s Office is fully aware of the consequences of gun violence. A priority of our Office is always remembering the victims of violence. The devastation from gun violence is about more than statistics. It is about those lost and those left behind. Gun violence is felt in very human terms. In 2018, Alameda County District Attorney Nancy E. O’Malley, in partnership with The Robby Poblete Foundation, proudly presented a groundbreaking new project entitled “The Art of Peace - Alameda County.” This collaborative effort engages local artists, selected after a competitive submission process, who have created three dimensional art pieces out of the remains of dismantled firearms. As stated by District Attorney Nancy E. O’Malley, “Gun violence plagues our communities. The Art of Peace focuses a spotlight on our ongoing efforts to end this crisis. Over the past 30 years, the District Attorney’s Office has amassed over 1,000 firearms that were collected as evidence in criminal prosecutions. This project has re-imagined these instruments of violence into objects of beauty and grace.” The District Attorney’s Office had in its possession more than 700 firearms used in crimes that were prosecuted, and these firearms were due for destruction. Rather than incinerate them and emit pollution into the air, the District Attorney’s Office engaged a licensed company to make the firearms inoperable and separate the parts. Selected artists were given any parts they wanted in order to create art work reflecting a message to end gun violence and create positive pathways for all.

SECTION XII - The Art of Peace

The Art of Peace exhibit went on display at a local art gallery in Oakland, California from May 25 through June 13, 2018.

page 43


The Art of Peace

The “Art of Peace” turning these ....

... into this.

Image (top): Guns cataloged in our evidence room. Image (bottom): “Labor and Love” by Natasha McCray Zolp and Shameel Ali, displayed at Art of Peace in Oakland, July 2018.


Image (top) “Gunnasaurus” by artist John Colle Rogers

Image (right) “Trouble Helix” by artist Kevin Byall

page 45


Images of beauty from objects of violence.

Image (top) “Wave of Gun Violence” artist Darrell Hunger

Image (right) “Flame of Reason” artist Darrell Hunger

page 46





Image: “Holding On”

Image: “Seeds of Hope” by artist Brian Enright

page 48

District Attorney Nancy O’Malley and artist Andrew Johnstone



“Art of Peace” artist at work

Image: Rebecca Anders, artist creating “Holding On”

Congressman Eric Swalwell and District Attorney Nancy E. O’Malley host Patrick Grady, a member of the British Parliament for Glasgow. The July 2016 event highlighted the differing attitudes about gun ownership and gun violence in our communities.

page 50

ReferencesATF. (2019). Firearms Commerce in the United States/Annual Statistical Update 2018. Washington

D.C.: U.S. Department of Justice.

FBI. (2019). Criminal Justice Information Services. Retrieved from Federal Bureau of Investigation/Services: https://www.fbi.gov/services/cjis/nics/about-nics

Fowler, Dal berg, Haileyesus, Gutierrez, and Bacon (2017). Childhood Firearm Injuries in the United States. Retrieved from https://pediatrics.aappublications.org/content/pediatrics/early/2017/06/15 /peds.2016-3486.full.pdf

Glaze, M. A . (2019). Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016. Washington D.C.: U.S. Department of Justice, Bureau of Justice Statistics.

Lopez, G. (2 019). America’s Gun Problem, Explained. https://www.vox.com/2015/10/3/9444417/gun-violence-united-states-america

Violence, B. C. (2006). Trading in Death, Profile of a Rogue Gun Dealer. Washington D.C Brady Center.

Wilcox, K (2 017) Analysis: Lost, Stolen Guns Used in Thousands of Crimes. Nation and World https://www.seattletimes.com/nation-world/analysis-lost-stolen-guns-used-in-thousands-of-crimes/

Wintermut e (2018). How to Stop Mass Shootings. Retrieved from https://www.nejm.org/doi/full/10.1056/NEJMp1807277

Published August, 2019

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