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Board debate over OC Free Gun Lock program pauses after county counsel raises liability concerns

Orange County Board of Supervisors · November 19, 2024
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Summary

Vice chair Chaffee proposed a $25,000 county-funded OC Free Gun Lock program to distribute free locks and education countywide. Law enforcement demonstrated safe-storage techniques, but counsel warned of potential liability; the board continued the item for more legal and procedural work.

Vice Chair (fourth district) introduced a supplemental item to allocate $25,000 in fourth-district discretionary funds to establish an OC Free Gun Lock program that would mail free gun locks to residents who request them online.

Fullerton Police Captain Pedro McGraw spoke in support, calling free locks “a proactive initiative to ensure safe firearm storage” and stressing that easier access to safety devices can reduce accidental injuries and theft. The board then heard a live demonstration from Lieutenant Haddad of the Brea Police Department showing how cable-style gun locks are installed on semiautomatic handguns and rifles and reviewing basic safe-storage steps.

Lieutenant Haddad also reviewed California storage and transport rules and said, “Properly securing your firearms is crucial for enhancing safety and is a legal requirement in California.”

Board discussion centered on program design and legal risk. County Counsel warned that a defective or misinstalled lock might later be cited in civil litigation and recommended requiring a signed, knowing waiver before distribution. Vice Chair Chaffee opposed mandatory signed waivers, saying the program is intended to be anonymous and accessible; he favored a package insert with usage and safety information and a link to an instructional video.

Supervisors expressed competing concerns: some urged adding a waiver to limit county liability, others said waivers could undercut access and that similar county distributions (for example, naloxone) have not required waivers. After extended debate, the board agreed to continue the item to the next meeting to allow counsel and staff to develop clearer procedures and legal language, including consideration of notice/disclosure language or other liability-limiting approaches.

What happens next: The item was continued to a future meeting (board asked staff to return with refined packet language and legal recommendations). In the meantime, the vice chair said locks will continue to be distributed at gun‑buyback events and through partner agencies where feasible.