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San Jose likely to pass groundbreaking gun control measures, braces for lawsuits

San Jose City Council is voting Tuesday on groundbreaking gun legislation which would require gun owners to carry liability insurance and pay an annual fee for harm reduction.

The insurance measure is similar to how drivers are required to have insurance. "We know that can help make for safer driving," said San Jose Mayor Sam Liccardo in an interview with KCBS Radio's Holly Quan and Matt Bigler Tuesday morning.


The second part of the legislation, the annual fee, would contribute to a nonprofit set up by the city that would direct those funds to "domestic violence prevention, suicide prevention, other kinds of programs that target really those living in gun-owning households because we know that’s where the risk is," said Liccardo.

This legislation is the first of its kind proposed in the United States, and is expected to pass smoothly at Tuesday's meeting. When that happens, the city is bracing for an onslaught of lawsuits from gun rights groups.

"No good deed goes unlitigated when it comes to gun regulations," said Liccardo in a separate interview with KCBS Radio reporter Margie Shafer. "We expect there will be lawsuits."

The NRA has called the legislation an attempt to punish law-abiding gun owners for owning a legal product and make them pay for the activities of criminals. Another group, the National Foundation for Gun Rights, has sent the city a cease and desist letter warning of legal action.

A law firm has offered to help the city out Pro Bono in the event of a lawsuit, said Liccardo.

National organizations dedicated to gun control like Every Town for Gun Safety and the Brady Center to Prevent Gun Violence have also offered to lend a legal helping hand.

When the measure likely passes, fees aren't expected to be collected for at least six months while the nonprofit gets set up and running.

Other cities may have an opportunity to follow in San Jose's footsteps in the near future, according to Liccardo. The city has been in contact with the state Attorney General's office and legislators who want to create a blueprint for other communities looking to pass similar legislation.