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Home My WebLink About _ 9.1(a)--Accept Report and Provide Direction Regarding Draft Resolution � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: July 2, 2024 FROM: Barry Tippin, City Manager ITEIVI NO. 9.1(a) ***APPROVED BY*** btippin@cityofredding.org "S' �p�an,�`i K i�r� � (�>>'Z7,'�Q2� btippin@cityofredding.org SUBJECT: 9.1(a)--Consider report and provide direction regarding a draft Resolution su ortin the Second Amendment to the United States Constitution. Recommendation Accept report and provide direction as to whether or not the attached draft Resolution should be presented to the City Council for its consideration at a future meeting. Fiscal Impact There is no fiscal impact associated with this item. Alternative Action The City Council (Council) could decide to not accept the report. Backgrou n d/f1 n alysis At the June 18, 2024 Council meeting, the Council directed staff ta bring information back to the Council regarding a resolution supporting the Second Amendment to the United States Constitution. The attached is the draft resolution as developed by the Mayor which has been approved as to form by the City Attorney. Environmental Review This item is not a project as defined under the California Environmental Quality Act, and no further action is required. Attachments ^Redding City Council Draft Second Amendment Resolution RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING IN SUPPORT OF PRESERVATION OF THE SECOND AMENDMENT OF TI3E UNITED STATES CONSTITUTION "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, sha11 not be infringed."-U.S. CO�N�ST.,Amendment II. WHEREAS, the Redding City Council intends that this Resolution wi11 support and defend the rights of the people as outlined in the Second Amendment for Redding's diverse community comprising people of various ethnic, religious, and political groups with a population of over 90,000 residents who may or may not choose to own a firearm; and WHEREAS, the Redding City Council acknowledges the Declaration of Independence as one of the foundational documents in the formation of the United States of America and affirms that a11 Redding residents "are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are 1ife, liberty, and pursuit of happiness...;" and WHEREAS, the Redding City Council affirms that the U.S. Constitution was established by our founding fathers "to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,promote the general Welfare,and secure the Blessings of Liberty for ourselves and our Posterity;" and WHEREAS, the Redding City Council acknowledges that the first ten Amendments to the U.S. Constitution are known as the Bill of Rights, and that support and defense of these rights were necessary for the ratification of the U.S. Constitution by the states. Therefore, the defense and preservation of these Amendments is still important today for all Redding residents; and WHEREAS, the American people have retained the individual, pre-governmental right to keep and bear arms, Cruiskshank v U.S., 92 US 542, (1876)and"the right itself declares that it shall not be infringed," and that right has been earlier codified into the United States Constitution, as the Second Amendment; and W�IEREAS, the right of the individual to keep and bear arms was restated in Helle�v. Distr�ict of Columbia, 554 US 570 (2008); and WHEREAS, the United States Supreme Court issued a decision in McDonald v. City of Chicago, 561 LTS 742 (2010), which unequivocally incorporated the individual rights of the Second Amendment to the various States through the Fourteenth Amendment; and WHEREAS, the decision issued by the United States Supreme Court NYSRPA v. B�uen, 597 U.S. 1 (2022),reaffirms its declarations in Heller v D.C.,554 US 570 (2008), Caetano v. Mass, 5�� US 541 (2016), McDonald v. City of Chicago, 561 US 742 (2010), that we the people of the United States, and the State of California, have the individual, pre-governmental right, to bear, or carry any firearm commonly owned or used for lawful purposes of defense of self, family, and community, including the defense against tyranny, for recreation, training or competition; and WIIEREAS, the California Legislature passed and continues to pass unconstitutional laws which infringe upon or ban activities within the plain text of the Second Amendment outlined in Bruen, Heller, Caetano, Mc�onald and many other precedent cases, and the Ninth Circuit Court has been specially warned by the United States Supreme Court to stop these activities (see Justice Thomas decision NYSRA v��uen), and Governor Newsom recently referred to the Second Amendment as "becoming a suicide pact"(CBS evening news,l/23/23 Nora O'Donnell interview), demonstrating his disregard for his oath of office,the taxpayer funds that are used to defend unconstitutional laws in the courts, and for the liberty of the citizens of this state; NOW, THEREFORE,BE IT RESOLVED that the Redding City Council supports and defends the Second Amendment, as it is written and originally intended, for all Redding residents whether they choose to own a gun or not; and BE IT FURTHER RESOLVED that the Redding City Council reserves the right to use a11 means at its disposal to support and defend the Second Amendment. Whi1e it is the prerogative of the various arms of the State of California to test the outer bounds af permissible regulatian under the Second Amendment to the United States Constitution,it is th�policy of the City of Redding to not use its powers or expend its limited resaurces unnecessarily infringing upan the people's right to bear arms in the pursuit of questionable legal theories; and BE IT FURTHER RESOLVED that the Redding City Council supports all discussions seeking new ideas to protect our citizens from potential violence and criminal activity,but wi11 not support any order, provision, law, or agency initiative that violates the Constitution of the United States, the California Constitution, or the Second Amendment as determined by the courts pursuant to Article III of the United States Constitution. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 2"d day of July, 2024, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: TENESSA AUDETTE,Mayor ATTEST: APPROVED TO FORM: SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney From: Members.Co�neil To: �ack Nlunns;7ulie Winter; N1ark Nlezzano;"fenessa Audette Cc: Ti i�,�arrv;Bade,�teve;C.�rtis C"hristian;��nhart, Erin;Cates.�nette;Tipton,�tr�rlen� Subject: FW:City Council 7/2-Item 9.1(a) Date: Tuesday,7uly 2,2024 7:55:03 AM From: Redding Citizen Sent:Tuesday,July 2, 2024 7:50 AM To:Audette, Tenessa <taudette@cityofredding.org>; Winter,Julie<jwinter@cityofredding.org>; Munns,Jack<jmunns@cityofredding.org>; Mezzano, Mark<mmezzano@cityofredding.org>; Attorney- City of Redding<Attorney@cityofredding.org>;Tippin, Barry <btippin@cityofredding.org>; CityClerk<CityClerk@ci.redding.ca.us> Subject: City Council 7/2 - Item 9.1(a) t',t��TIC)��:"�c�is r��r��il r�ri�;i��t�c� ��r3 r�.rtsir{�t��C f�y�f Ft��3r�i�}�; ��l��sa h�3 c�r�f�E wicF� links nr�ttac��r��}r�t,. Dear Members of the Redding City Council, I am writing to express my strong opposition to the proposed draft resolution supporting the Second Amendment to the United States Constitution. As a mother of four children, their safety and well-being are my top priorities, and I am deeply concerned about the potential impact of this resolution on our community. The United States faces a significant problem with gun violence. According to the Centers for Disease Control and Prevention (CDC), over 45,000 people died from gun-related injuries in 2021 alone. This figure includes suicides, homicides, unintentional deaths, and deaths involving law enforcement. The prevalence of firearms contributes to a heightened risk of gun violence in our society, affecting communities, families, and especially children. Schools should be safe havens for our children, where they can learn and grow without fear. However, the reality in America is starkly different. Since the tragic Columbine High School shooting in 1999, there have been over 300 school shootings in the United States, with devastating consequences for students, educators, and families. The presence of firearms in our communities increases the likelihood of such tragedies, and supporting the Second Amendment in a blanket manner does not address the nuanced and pressing issue of gun violence. Additionally, the recent warning from the U.S. Surgeon General highlights the growing concern regarding gun violence as a public health crisis. The Surgeon General has pointed out that gun violence not only leads to immediate physical harm but also has long-term psychological effects on survivors, their families, and witnesses. This underscores the urgent need for policies that prioritize public safety and mental health over unrestricted access to firearms. As a parent, I want my children to be able to attend school and participate in community activities without the looming threat of gun violence. I urge the council to consider the broader implications of this resolution and the message it sends about our community's stance on gun safety. Instead of supporting a resolution that may exacerbate the issue, I encourage you to focus on measures that can effectively reduce gun violence, such as enhanced background checks, safe storage laws, and community-based intervention programs. Thank you for considering my perspective. 1 hope the council will prioritize the safety and well-being of all Redding residents, especially our children, in your decision- making process. Sincerely, A Concerned Redding Mother Frc�axa: � b��s ��il Tc�: 3 �h��ar�r��: �u9�e�dir�� r r��1� y T� � �ta�c3,-� C.c. .. �t�a�;7�� a��rr�;�a�r�is t�tr� " �t•��: ��a��t�•�r�l�� Er��-� [ rl� . bj . , A 21l F2 iu rs-€terre�.i{;�}csn t sc�ht"'s 7J2/�� un�€!I�g 1'l��es Tu �y,Ju1y�,Zt32��:i3.CJ� �Cl�CI"1:��a$��i�� "t�.�t��Sf��,:�tJ�1j�,��.�:�� f T�.Audett�,�e��s�� c�� c��r��c��r� .a�r.� ��b��ct:��A�t�sc�l��ic�r� �:��3�1��:��<��r��-i�er��a��r��at��=�i�a�t:��:�c��#a:��.��c��-�,��ai��dq�k��r :��t.�.r��.r G��csf R - I�i�yc�r Au e, T 3�c��frrr a�lcs �� Cc� ty e�s d� A��r , , �a resctlt��rn fa�disc si t �ty T e 2,�4�4. 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