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MEMORANDUM <br />TO: PLANNING & ZONING COMMISSION <br />FROM: KURT GLASER, CITY ATTORNEY <br />SUBJECT: TIMING OF REVISIONS TO FIREARMS REGULATION <br />CC: CITY ADMINISTRATOR <br />DATE: NOVEMBER 30, 2022 <br />SUMMARY: <br />I recommend the Commission delay ordinance revisions regulating firearms unless the <br />Commission feels there is a public safety need to make revisions at this time. <br />DISCUSSION: <br />The U.S. Supreme Court recently dismissed a state law regulating firearms. In an opinion <br />written by the CourtÔs new majority of conservative justices, the Court indicated a <br />willingness to change the state of the law regarding the regulation of firearms. The relevant <br />law is now in a state of flux and appears as if it may change greatly from its current state. <br />The practical course of action is to wait until the courts have settled issues related to the <br />regulation of firearms before the Commission recommends revisions to the CityÔs <br />ordinances on the subject. I also recommend the Commission wait on these revisions in <br />order to reduce the risk of litigation. <br />One of my primary functions as a City Attorney is to avoid seeing the City embroiled in <br />litigation. The timing of when a City changes an ordinance can make it more likely to attract <br />litigation Ï especially when the law is in a state of flux and people are looking for a case to <br />test the unsettled law. Therefore, I also recommend the City take a wait and see attitude <br />before changing its ordinance as a means to reduce the risk of attracting potential litigation. <br />The CommissionÔs options are to either wait a few years before changing the ordinance, <br />draft something now and revisit it in a few years, or draft something in anticipation of the <br />court's rulings (which appear to remove most firearms regulation). I recommend waiting. <br />I have attached an article summarizing the legal issues creating the difficulty of drafting the <br />proposed ordinance restricting the discharge of firearms. <br />https://www.cnn.com/2022/10/09/politics/gun-control-second-amendment-supreme- <br />court-bruen-fallout/index.html <br />KBG <br /> <br />