The Danville Town Council is set to talk Tuesday morning about the possibility of a new ordinance that would regulate how firearms should be stored within town limits, following a request from several public speakers at a previous council meeting.

City attorney Rob Ewing is set to lead a presentation on the potential ordinance at the council's upcoming study session, following a request during the public comment period of the June 6 Town Council meeting in which speakers requested they consider the option.

The discussion is set to center on a model ordinance that was presented by public commenters in June and to give the council an opportunity to weigh in on the matter, which they could not do at the previous meeting under the Brown Act due to it being a non-agendized item at the time.

Under the model ordinance, anyone storing firearms in properties within the town limits must meet several conditions or face an infraction. It would require that firearms stored on premises be unloaded and secured in a locked container, unless they have an attached locking device or they are in the immediate control and possession of their owners.

Gun owners whose weapons were to get lost or go missing would not be considered in violation of the ordinance if they report the loss or theft within the five days required under state law.

While state law already places restrictions on gun storage in homes where children are known to be present or have access, the model ordinance would expand that restriction to all homes, regardless of the presence of children, and would add the requirement that firearms be stored unloaded.

According to a staff report from Ewing prepared for the upcoming meeting, this could pose a challenge for local police.

"Because the required conduct -- storage of a firearm within a residence -- would be within a residence, there would be no basis for the police to inquire as to compliance, likely resulting in becoming aware of potential violations only after the fact," Ewing said.

However, that has not stopped neighboring cities from enacting parallel policies, with Pleasanton passing a gun safe storage ordinance in 2021, preceded by Dublin and Livermore in 2020. Moraga and Orinda both passed ordinances in 2018, with Lafayette, Walnut Creek and Antioch doing the same last year.

The Contra Costa County Board of Supervisors also directed the Sheriff's Office to draft a gun safe storage ordinance this July, with no draft being made available to the public so far.

The model ordinance up for discussion in Danville would be the first one locally to include the requirement that firearms be unloaded, according to Ewing's report.

"All of these locally adopted ordinances are similar to the proposed model ordinance, with one exception," Ewing said. "None of these other ordinances require that the firearm be unloaded -- they only require storage in a locked container or with a safety device."

"There are a number of other cities throughout California that have adopted some form of gun safe storage ordinance, but town staff has not reviewed them to determine the details of how they work," he continued.

Two points of consideration for the Town Council and the City Attorney's Office are that any local ordinance is prevented from preempting state law -- meaning that it cannot duplicate, contradict or conflict with existing state law -- as well as potential challenges under the second amendment.

With the upcoming presentation and discussion being informational only, Ewing is requesting direction from the council on next steps for town staff to prepare any additional information or action.

The Danville Town Council is set to meet at 8:30 a.m. Tuesday (Sept. 12). The agenda is available here.

In other business, councilmembers will begin discussing plans for the next Mayor's Installation and Community Awards Ceremony.