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DATE: |
February 11, 2025 |
07 |
SUBJECT
Title
FIREARM PROCUREMENT ORDINANCE VENDOR REQUIREMENTS OPTIONS (DISTRICTS: ALL)
Body
OVERVIEW
On October 22, 2024 (24), the Board of Supervisors (Board) directed the Chief Administrative Officer to return to the Board in 120 days with key findings and options for Board consideration for developing a firearm procurement ordinance. The Board directed an evaluation of operational and administrative impacts related to, at a minimum, the inclusion of the following vendor requirements in an ordinance:
a. Proof of compliance with applicable state and federal laws, including permits and certificates,
b. Documentation of firearm trace requests received within the past five years,
c. Documentation of thefts from the vendor’s premises within the past five years,
d. Submission of inspection reports conducted by federal, state, or local agencies,
e. Disclosure of violations from inspections related to the purchase, transfer, manufacturing, or sales of firearms conducted by any federal, state, or local agencies,
f. Documentation of policies and practices concerning the following:
i. Preventing, detecting, and screening for the transfer or sale of firearms to firearm traffickers,
ii. Preventing sales to individuals prohibited by federal, state, or local law, or court order,
iii. Preventing theft of firearms,
iv. Training employees to ensure compliance with applicable federal, state, and local laws and regulations,
v. Assisting law enforcement agencies in the investigation and prevention of criminal access to firearms, and
vi. Operation of digital video surveillance systems.
Staff evaluated each requirement option against existing federal, state, and local law as well as industry standards to determine the operational and administrative feasibility of implementing that requirement as part of the procurement process. Staff also reviewed existing firearm procurement ordinances from other jurisdictions and incorporated themes from these ordinances into the options being presented to the Board. As part of the analysis, staff identified three additional elements for Board consideration as part of a potential ordinance.
Today’s recommendation is for the Board to provide direction to the CAO on a firearm procurement ordinance based on options provided in Attachment A and direct the CAO to return to the Board in 120 days with a draft firearm procurement ordinance.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
Provide direction to the CAO on a firearm procurement ordinance based on the options provided in Attachment A and direct the CAO to return to the Board in 120 days with a draft firearm procurement ordinance.
EQUITY IMPACT STATEMENT
Doing business with firearm dealers that are adhering to statutory and regulatory requirements is one way the County can contribute to the public health and safety of our communities. Today’s actions are intended to enhance existing practices that are in place to ensure that those who do business with the County are in compliance with applicable federal, state, and local laws and regulations. Firearm dealers play an important role in keeping firearms out of the hands of prohibited persons and stopping the flow of firearms from legal to illegal markets. The vendor requirements options being presented offer opportunity for the County to continue to align available resources with systems that ensure equal opportunity for health and well-being in our communities.
SUSTAINABILITY IMPACT STATEMENT
Today’s action will contribute to the County of San Diego’s Sustainability Goals of providing just and equitable access to County services, policy decision-making, and resource allocation through the pursuit of programs, services, and contracts that reflect the County’s values and priorities.
FISCAL IMPACT
There is no fiscal impact associated with the requested actions. There is no change to the net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
BACKGROUND
On October 22, 2024 (24), the Board of Supervisors (Board) directed the Chief Administrative Officer to return to the Board in 120 days with key findings and options for Board consideration for developing a firearm procurement ordinance. The Board directed an evaluation of operational and administrative impacts related to, at a minimum, 11 vendor requirements.
Staff evaluated each requirement option against existing federal, state, and local law as well as industry standards to determine the operational and administrative feasibility of implementing that requirement as part of the procurement process. Staff also identified five jurisdictions with adopted firearm procurement ordinances, including the City of Oakland, City of San Diego, City and County of San Francisco, County of Los Angeles, and State of New Jersey. These ordinances were reviewed, and themes were incorporated into the options being presented to the Board.
Key findings from staff analysis of the requirements includes the following:
• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), pursuant to the Gun Control Act (GCA) and Federal firearms regulations, is responsible for licensing firearms businesses. Any business involved in the dealing, manufacturing, or importing of firearms, or manufacturing or importing ammunition, must obtain and maintain a federal firearms license (FFL) from ATF.
• The California Department of Justice (CA DOJ) is responsible for maintaining the Centralized List of Firearm Dealers (pursuant to California Code of Regulations, Title 11, Division 5, Chapter 2) and for issuing California Firearms Dealer numbers (pursuant to CA Penal Code Section 26700). To conduct firearm business in California, an FFL must be listed on the Centralized List and have a California Firearms Dealer number.
• A firearm dealer must be in compliance with applicable federal, state, and local laws and regulations to obtain and maintain the licenses, permits, and certificates required to sell firearms.
• Federal and/or state laws pertain to all 11 of the vendor requirements staff explored.
• As part of the County’s general contracting practices, vendors are required to be in compliance with all applicable federal, state, County, and local laws, rules, and regulations.
To ensure the potential policy does not have adverse, unanticipated impacts, it is recommended that any options the Board directs for inclusion in a firearm procurement ordinance apply only to the purchase of firearms for County operational use. This clarification would ensure that situations where firearms may be purchased by County departments as part of special operations or safety-related events would be exempted from these requirements. Special operations may include, but not be limited to, sting operations, controlled buys, and undercover investigations. Safety-related events may include, but not be limited to, community gun buy-back programs.
Vendor Requirements Analysis and Options
After thorough analysis of the 11 Board-directed vendor requirements, including review of firearm procurement ordinances from other jurisdictions, staff developed vendor requirements options for the Board’s consideration. Attachment A includes the full list of requirements options by category. As requested by the Board, analysis included an evaluation of operational and administrative impacts. Below are details of the staff analysis.
1. Proof of Compliance with Laws
Any business involved in the dealing, manufacturing, or importing of firearms, or manufacturing or importing ammunition, must obtain and maintain an FFL from the ATF, pursuant to the GCA. In the state of California, in addition to having a valid FFL, a firearm dealer must have a valid Seller's Permit issued by California Department of Tax and Fee Administration, Firearm and Ammunition Excise Tax Certificate of Registration issued by the California Department of Tax and Fee Administration, Certificate of Eligibility issued by the CA DOJ, and a valid listing on the DOJ Centralized List of Firearm Dealers, pursuant to California Penal Code Sections 26700, 26705, 26710, 26715, and 30395, and Sections 236035 and 36036 of the Revenue and Taxation Code. If the firearm dealer is located in San Diego County, the dealer must also have a valid Firearm Dealer’s License issued by the San Diego County Sheriff’s Office. In order to have valid licenses, permits, and certificates, a dealer must be in compliance with applicable federal, state, and local laws and regulations.
All four firearm procurement ordinances adopted by other jurisdictions in the state of California require a vendor to comply with applicable federal, state, and local firearms laws and regulations. One jurisdiction, the City of San Diego, requires a vendor to provide proof of valid licenses, permits, and certifications while the other three jurisdictions require a vendor to attest to their compliance.
Staff developed three options for the Board to consider.
|
1A |
Vendor to provide proof of valid licenses, permits, and certificates OR |
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1B |
Vendor to attest that they are in compliance with all applicable federal, state, and local firearms laws and regulations OR |
|
1C |
Vendor to provide proof of valid licenses, permits, and certificates and vendor to attest that they are in compliance with all applicable federal, state, and local firearms laws and regulations |
Staff determined that all three options are feasible to implement with minimal operational and administrative impacts anticipated. For Options 1A and 1C, staff would be reliant on the ATF FFL eZ Check system to verify that a vendor’s FFL is valid. If the system is down or having technical issues, there could be delays in the validation process.
2. Firearm Trace Requests
The National Tracing Center, operated by the ATF, traces firearms associated with crimes and provides investigative leads for local, state, federal, and foreign law enforcement agencies. Firearms tracing begins when ATF or another law enforcement agency recovers a firearm during an investigation and wants to learn where it came from. If a firearm dealer with an FFL receives a firearm trace request from the ATF, they must provide the requested information within 24 hours of receipt, pursuant to the GCA.
If the dealer does not comply with their statutory responsibility to respond to a firearm trace request within 24 hours, the ATF may issue a Demand Letter 1. Dealers that receive a Demand Letter 1 are required to send ATF their acquisition and disposition records for the past three years and continue to send the records on a monthly basis until told otherwise. If the ATF determines that a dealer willfully failed to respond to a trace request, the ATF may issue a notice of revocation of their firearm license.
For dealers with 25 or more firearm traces with a time-to-crime of three years or less in a calendar year, the ATF may issue a Demand Letter 2. Dealers that receive a Demand Letter 2 are required to submit quarterly information to the ATF until informed otherwise. According to the ATF, there are a number of reasons why a firearm dealer may have a high number of traces, including dealers with a high sales volume.
After review of the four firearm procurement ordinances adopted by other jurisdictions in the state of California, two contain a requirement related to compliance with firearm trace requests, one being the City of San Diego, and two do not have a firearm trace request requirement.
Staff developed two options for the Board to consider.
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2A |
Vendor to attest that they are in compliance with federal, state, and local law related to firearms trace requests and vendor to disclose if they have received a Demand Letter 1 or Demand Letter 2 from the ATF within the past five years and if they are still subject to record reporting requirements under the Demand Letter Program OR |
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2B |
Do not include a trace request requirement in the ordinance |
The Board originally directed the evaluation of a requirement for vendors to provide materials documenting the number of ATF trace requests within the past five years. Staff determined that there would likely be significant limitations related to the evaluation of vendor submissions related to this requirement as details related to trace requests are managed by the ATF and access to this data is restricted. As such, it has not been included as an option.
As an alternative, staff determined that Option 2A is feasible to implement should the Board want to include a requirement related to firearm trace requests.
3. Theft
The GCA requires firearm dealers with an FFL to report to the ATF any theft or loss of firearms from their inventory within 48 hours of discovery. In California, firearm dealers are also required to report the theft to local law enforcement. If the ATF determines that a firearm dealer willfully failed to report the theft of a firearm, they may issue a notice of revocation of their firearms license.
After review of the four firearm procurement ordinances adopted by other jurisdictions in the state of California, two contain a requirement related to firearm theft reporting, one being the City of San Diego, and two do not have a theft reporting requirement.
Staff developed two options for the Board to consider.
|
3A |
Vendor to attest that they are in compliance with federal, state, and local law related to firearms theft reporting and vendor to disclose if they have had any thefts or missing firearms from the vendor’s premises over the prior five years OR |
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3B |
Do not include a requirement related to thefts from the vendor’s premises in the ordinance |
The Board originally directed the evaluation of a requirement for vendors to provide materials documenting any thefts from the vendor’s premises within the past five years. Staff determined that there would likely be significant limitations related to the evaluation of vendor submissions related to this requirement as details related to firearm theft reporting are managed by the ATF and access to this data is restricted. As such, it has not been included as an option.
As an alternative, staff determined that Option 3A is feasible to implement should the Board want to include a requirement related to firearm thefts.
4. Inspection Reports
The ATF and CA DOJ are the primary agencies with authority to conduct compliance inspections of federal firearms licensees and those on the California Centralized List of Firearms Dealers. The purpose of their inspection programs is to educate licensees about regulatory responsibilities, evaluate level of compliance, and work with licensees to gain compliance when violations are identified during inspections.
After review of the four firearm procurement ordinances adopted by other jurisdictions in the state of California, only one, the City of San Diego, includes language that requires vendors to provide a copy of inspection reports conducted by federal, state, and local agencies. The other three do not require vendors to submit inspection reports.
Staff developed two options for the Board to consider.
|
4A |
Vendor to attest that they are in compliance with federal, state, and local law related to firearm inspections OR |
|
4B |
Do not include an inspection report requirement in the ordinance |
The Board originally directed the evaluation of a requirement for vendors to submit inspection reports conducted by federal, state, or local agencies. Staff determined that there would likely be significant limitations related to the evaluation of vendor submissions as details related to inspections are managed by the ATF and CA DOJ, respectively, and access to this data is restricted. As such, it has not been included as an option.
As an alternative, staff determined that Option 4A is feasible to implement should the Board want to include a requirement related to inspection reports.
5. Violations
When violations of the law and/or regulations are disclosed during an inspection, the ATF will issue a Report of Violations to the licensee that outlines the discrepancy and the requirements for corrective action. ATF also works to gain cooperation and compliance from firearm dealers by issuing warning letters and holding warning conferences. Similarly, the CA DOJ will issue notifications of violation and may specify corrective action requirements.
If dealers do not comply with prescribed corrective actions or if a regulatory agency determines that a firearm dealer has willfully committed serious violations of the law, the dealer’s federal firearms license may be revoked by the ATF and/or the dealer may be removed from the California Centralized List of Firearm Dealers by the CA DOJ.
All four firearm procurement ordinances adopted by other jurisdictions in the state of California include language that requires vendors to disclose violations received during inspections conducted within a specified period of time.
Staff developed two options for the Board to consider.
|
5A |
Vendor to disclose any firearm laws/regulations violations within the last five years, including if they have received a report of violation, warning letter, warning conference, or revocation or denial of license renewal, and disclose if any corrective actions are currently in progress OR |
|
5B |
Vendor to attest to having not been cited for any serious violations within the last five years |
Staff determined that Options 5A and 5B are both feasible to implement with minimal operational and administrative impacts anticipated.
6. Policy: Preventing Transfers/Sales to Firearm Traffickers
Firearm dealers are required by state law to establish, implement, and enforce reasonable controls to prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully (California Civil Code, Sections 3273.50-3273.55 - Firearm Responsibility Act).
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, include language that requires vendors to have policies and/or practices to prevent, detect, and screen for the transfer of firearms to firearm traffickers.
Staff developed two options for the Board to consider.
|
6A |
Vendor to attest that they have policies or practices to prevent, detect and screen for the transfer of firearms to straw purchasers or firearm traffickers OR |
|
6B |
Do not include a requirement related to policies or practices a vendor has to prevent, detect, and screen for the transfer of firearms to straw purchasers or firearm traffickers |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of policies or practices to prevent, detect, and screen for the transfer of firearms to straw purchasers or firearm traffickers. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it has not been included as an option.
As an alternative, staff determined that Option 6A is feasible to implement should the Board want to include a requirement related to vendor policies and practices to prevent, detect, and screen for the transfer of firearms to straw purchasers or firearm traffickers.
7. Policy: Preventing Sales to Prohibited Persons
Firearm dealers are required by state law to establish, implement, and enforce reasonable controls to prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully (California Civil Code, Sections 3273.50-3273.55 - Firearm Responsibility Act). Additionally, California Penal Code Section 27500 states that no person, corporation, or firm shall knowingly sell, supply, deliver, or give possession or control of a firearm to any person within any of the prohibited classes identified within the Penal Code.
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, include language that requires vendors to have policies and/or practices to prevent firearm sales to individuals prohibited by federal, state, or local law.
Staff developed two options for the Board to consider.
|
7AVendor to attest that they have policies or practices to prevent sales to individuals prohibited by federal, state, or local law, or court order OR |
|
|
7B |
Do not include a requirement related to policies or practices a vendor has to prevent sales to individuals prohibited by federal, state, or local law, or court order |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of policies or practices to prevent sales to individuals prohibited by federal, state, or local law, or court order. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it has not been included as an option.
As an alternative, staff determined that Option 7A is feasible to implement should the Board want to include a requirement related to vendor policies or practices to prevent sales to individuals prohibited by federal, state, or local law, or court order.
8. Policy: Preventing Theft of Firearms
Firearm dealers are required by state law to establish, implement, and enforce reasonable controls to prevent the loss or theft of a firearm-related product from the firearm industry member (California Civil Code, Sections 3273.50-3273.55 - Firearm Responsibility Act).
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, include language that requires vendors to have policies and/or practices to protect against the theft of firearms.
Staff developed two options for the Board to consider.
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8AVendor to attest that they have policies or practices to protect against the theft of firearms and/or ammunition OR |
|
|
8B |
Do not include a requirement related to policies or practices a vendor has to protect against the theft of firearms and/or ammunition |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of policies or practices to protect against the theft of firearms and/or ammunition. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it has not been included as an option.
As an alternative, staff determined that Option 8A is feasible to implement with minimal operational and administrative impacts anticipated should the Board want to include a requirement related to vendor policies or practices to protect against the theft of firearms and/or ammunition.
9. Policy: Employee Training
Federal firearms licensees are required to comply with all laws and regulations related to the operation a firearm business. This includes ensuring that their employees understand how these laws and regulations apply to their day-to-day business operations.
Beginning July 1, 2026, every firearm licensee and employee who handles or processes the sale, loan, or transfer of firearms or ammunition will be required to annually complete a CA DOJ developed training course, pursuant to California Penal Code Section 26920. Firearm dealers will be required to maintain records of certification for all employees and must make these records available during inspections of the dealer’s premises.
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, include language that requires vendors to have policies and/or practices to train contractor employees to ensure compliance with all applicable federal, state, and local laws and regulations.
Staff developed two options for the Board to consider.
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9AVendor to attest that they have policies or practices to train contractor employees to ensure compliance with all applicable federal, state, and local laws and regulations and, as of 7/1/2026, are in compliance with employee training requirements, pursuant to CA Penal Code Section 26920 OR |
|
|
9B |
Do not include a requirement related to policies or practices a vendor has to train contractor employees to ensure compliance with all applicable federal, state, and local laws and regulations |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of policies or practices to train contractor employees to ensure compliance with all applicable federal, state, and local laws and regulations. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it has not been included as an option.
As an alternative, staff determined that Option 9A is feasible to implement should the Board want to include a requirement related to vendor policies or practices to train contractor employees to ensure compliance with all applicable federal, state, and local laws and regulations.
10. Policy: Assisting Law Enforcement
Firearm dealers can assist law enforcement agencies in the investigation and prevention of criminal access to firearms by complying with federal, state, and local laws. This includes complying with firearm trace requests, reporting theft firearms, and reporting to authorities if a prohibited person attempts to purchase a firearm.
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, include language that requires vendors to have policies and/or practices to assist law enforcement agencies in the investigation and prevention of criminal access to firearms.
Staff developed two options for the Board to consider.
|
10A |
Vendor to attest that they have policies or practices to assist law enforcement agencies in the investigation and prevention of criminal access to firearms OR |
|
10B |
Do not include requirement related to policies or practices a vendor has to assist law enforcement agencies in the investigation and prevention of criminal access to firearms |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of policies or practices to assist law enforcement agencies in the investigation and prevention of criminal access to firearms. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it is not included as an option.
As an alternative, staff determined that Option 10A is feasible to implement should the Board want to include a requirement related to vendor policies or practices to assist law enforcement agencies in the investigation and prevention of criminal access to firearms.
11. Policy: Operation of Digital Surveillance System
Firearm dealers are required by state law to ensure that their business premises are monitored by a digital video surveillance system (California Penal Code Section 26806). The law outlines requirements of the surveillance system, including where interior and exterior cameras are to be located; how recordings are to be stored and accessed; where signage is to be posted about the operation of the video surveillance system; and how to comply with the annual certification requirement.
After review of the four firearm procurement ordinances adopted by other jurisdictions in the state of California, two ordinances, one being the City of San Diego, have requirements related to the operation of a digital video surveillance system.
Staff developed two options for the Board to consider.
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11AVendor to attest that they operate a digital video surveillance system as prescribed in Section 26806 of the California Penal Code or a similar system, if applicable State or local law requires such a system, for vendors outside of California OR |
|
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11B |
Do not include requirement related to policies or practices a vendor has to operate a digital video surveillance system |
The Board originally directed the evaluation of a requirement for vendors to provide documentation of their policies or practices related to the operation a digital video surveillance system. Staff determined that, since there is no industry standard related to the substance of these policies and practices, any evaluation of vendor submissions would be limited. As such, it is not included as an option.
As an alternative, staff determined that Option 11A is feasible to implement should the Board want to include a requirement related to vendor policies or practices related to the operation a digital video surveillance system.
Additional Ordinance Elements Options
Based on research, staff identified three additional elements the Board may want to consider adding to a potential ordinance. These elements would define the applicability of the ordinance, exemptions to the ordinance, and situations under which the vendor requirements may be waived. Attachment A includes the full list of requirements options by category.
12. Applicability
After review of the five firearm procurement ordinances adopted by other jurisdictions, four of the five ordinances, including the City of San Diego, apply to the purchase of firearms and ammunition while one applies to firearms only.
Staff developed two options for the Board to consider.
|
12A |
Ordinance applies to firearm purchases OR |
|
12B |
Ordinance applies to firearm and ammunition purchases |
Staff determined that both Option 12A and 12B are feasible to implement with minimal operational and administrative impacts anticipated.
13. Applicability Exemptions
Addressing how current firearm and/or ammunition contracts will be impacted by a potential firearm procurement ordinance is another key decision point. Two primary themes arose amongst the jurisdictions with existing firearm procurement ordinances: (1) the ordinance isn’t applicable to contracts executed or amended prior to the effective date of the ordinance and (2) staff worked with current contracted vendors to determine if they are in compliance with the new minimum requirements outlined in the ordinance within a designated period of time.
Staff developed two options for the Board to consider.
|
13A |
Ordinance is not applicable to contracts executed or amended prior to the effective date of or to bid packages received prior to the effective date unless and until such contracts are amended OR |
|
13B |
Within 30 days of the ordinance effective date, staff to issue a request to all current County-contracted firearm and/or ammunition vendors to ascertain whether these vendors are in compliance with the minimum requirements outlined in the ordinance. If vendor fails to respond or demonstrate compliance within 30 days, the County will procure new contracts at the first available time operationally and contractually available unless no longer needed. |
Staff determined that both Option 13A and 13B are feasible to implement with minimal operational and administrative impacts anticipated. There are currently 15 active contracts for firearms, firearm parts and accessories, and ammunition. Six contracts are for firearms and firearm parts and accessories. Nine contracts are for ammunition. Of these 15 contracts, five expire by January 2027 and 10 expire by February 2029.
14. Waivers
Jurisdictions with firearm procurement ordinances have included circumstances under which a waiver of the requirements would be acceptable in their ordinances. Some of the waivers included in those ordinances include:
• A waiver for emergency purchases. This waiver would be used in critical situations where immediate action is required and following standard procurement procedures would not allow for the timely purchase of necessary equipment, potentially causing harm to life or critical operations.
• A waiver for single source purchases. This waiver would be used to ensure all officers/deputies within a department are able to use the same model of firearms. Firearm standardization simplifies training, streamlines logistics, improves compatibility in critical situations, minimizes liability concerns by having a consistent weapon platform, and allows for easier maintenance and parts management. This waiver may also be used for situations in which tested and approved for use firearms are available from one supplier or manufacturer. Choosing firearms with reliable features and functionality is critical. Law enforcement agencies typically select their standard issue weapons by rigorously testing and evaluating the reliability, accuracy, capacity, safety, and performance of the firearm in different environments.
• A waiver of minimum requirements if no supplier meets the minimum qualifications. This waiver is critical to law enforcement being able to maintain operational readiness and having the resources necessary to perform critical life safety functions.
• Waivers that would allow the Chief Administrative Officer and/or Board of Supervisors to exercise their discretion to waive some or all of the vendor requirements to allow for flexibility in the procurement process.
Waiver options for the Board to consider are as follows:
|
14A |
Waiver of some or all requirements for emergency purchases |
|
14B |
Waiver of some or all requirements for single source purchases |
|
14C |
Waiver of some or all requirements if no supplier meets the minimum qualifications |
|
14D |
Board may, in their discretion, waive some or all of the requirements |
|
14E |
CAO may, in their discretion, waive some or all of the requirements |
The Board may choose to include all or some of these waivers in an ordinance or may choose not to include any circumstances under which a waiver of requirements would be acceptable. Staff determined that options 14A, 14B, 14C, 14D and 14E are feasible to implement and would allow for flexibility during the procurement process. If the Board chooses not to approve some waivers or chooses no waivers, this may lead to significant limitations and restrictions on competition, potentially delaying or preventing the acquisition of essential equipment. This may pose a risk to safety and security, as officers and deputies may not have the necessary tools and resources when they need them most.
Stakeholder Input
From November 27, 2024 through December 20, 2024, the County gathered input from businesses, government agencies, and the general public on what they felt should be considered when evaluating potential new requirements for businesses that may sell firearms to the County. 38 comments were submitted during that comment period. Comments generally fell into two themes: those in support of having vendor requirements for firearm contracts and those expressing concern that these types of requirements are redundant.
Board Action
Today’s recommendation is for the Board to provide direction to the CAO on a firearm procurement ordinance based on options provided in Attachment A and direct the CAO to return to the Board in 120 days with a draft firearm procurement ordinance.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed action supports the Justice Strategic Initiative of the County of San Diego’s 2025-2030 Strategic Plan by ensuring equal access to decision-making processes that create healthy environments in which to live, learn, and work.
Respectfully submitted,
ebony n. shelton
Chief Administrative Officer
ATTACHMENT(S)
Attachment A - Firearm Procurement Ordinance Vendor Requirements Options