Audit shows sloppy San Jose gun shop inspections

San Jose police are not inspecting gun shops properly, with officers failing to conduct surprise inspections, missing paperwork and leaving reviews incomplete.

That’s according to a recent city audit showing inconsistencies in police inspections at three of San Jose’s nine gun shops to ensure compliance with local laws. The three shops are unnamed in the report.

Auditors found while police claimed officers make two required, unscheduled inspections of gun shops in addition to their single annual visit, there are no records to show they occurred. Auditors also found just one police inspector visited the shops when city law requires two officers.

Auditors also found the inspection checklist the San Jose Police Department used did not check whether gun sellers are complying with ID laws, conducting inventory checks and questioning why someone is purchasing a firearm. If a violation was found, the report said there was “no consistent documentation” as to whether the violation was resolved.

“With thousands of gun related injuries and deaths, it’s impossible to overlook that gun violence has become a public health crisis in our country,” Councilmember Peter Ortiz said. “We can play a role in preventing gun related injuries and deaths by analyzing the city’s firearm regulatory processes and policies.”

The report, completed in December and presented to the city council this week, comes as the state reckons with a growing number of mass shootings. A weekend mass shooting in Monterey Park outside of Los Angeles left 11 dead and nine injured. On Monday, seven people died in a mass shooting at Half Moon Bay. That same day, one person died and seven others were injured after a shooting in Oakland.

San Jose reckoned with its own mass shooting in May 2021—the largest in the Bay Area—when a disgruntled VTA employee shot and killed nine of his coworkers and himself at the light rail yard in downtown. San Jose officials have since pushed for gun reform and passed a policy requiring gun owners to purchase liability insurance to curb gun violence.

“Just saying my thoughts and prayers are with the families truly is not enough,” Councilmember Pam Foley said. “This is a really timely report and I know it was triggered by the mass shooting at the VTA.”

Addressing the audit

SJPD officials said the department would comply with auditors’ recommendations to align San Jose laws to stricter state laws. The audit also recommends SJPD develop procedures to document inspections, revise its inspection checklist and reassess how much time is needed to do such inspections.

“The department has greenlit all the recommendations from the auditor pertaining to the police department,” Lt. Steve Donohue said to the city council. “We look forward to implementing these changes to increase oversight and provide the community with key information.”

Mike Fournier, the owner of The Gun Exchange in Almaden, said the audit misrepresents his interactions with the police who come every year. He has owned his shop for 35 years and sells antique guns along with ammunition and accessories.

“That’s fabrication. The police department comes here all the time. They’re very nice. I spoke to them today on the telephone,” Fournier told San José Spotlight. “They make sure you’re compliant, that you’re keeping records, you’re doing the paperwork that you’re supposed to do.”

Fournier and his coworker Martin Dyer believe the audit is justification to create more barriers for gun shops until they shut down. He said officers came by earlier this month to check in and drop off forms and flyers for the gun liability insurance mandates.

“(These audits and new laws) are just a money grab,” Dyer told San José Spotlight. “They want us out of here. That’s clear.”

By the numbers

San Jose has 5.1 gun-related incidents for every 100,000 residents—less than the state and federal average—but a number that has grown 25% since 2017, according to city documents. It’s a national trend. According to the Gun Violence Archive, the country has seen 36 mass shootings in 2023. That’s more than one mass shooting per day so far.

In addition to the gaps in inspection, the audit found that SJPD could do better outreach for its gun violence restraining orders program, which allows police to remove firearms if the owners are deemed a threat to public safety.

Councilmembers Ortiz and Omar Torres suggested police create public resources in different languages to teach residents how to submit gun violence restraining orders—similar to cities like Seattle and San Diego.

Donohue affirmed SJPD plans to provide multi-language information, noting the police department issues more gun violence restraining orders than any other agency in Northern California.

Donohue said SJPD would also comply with the freshman councilmembers’ request to provide an in-depth analysis on why weapon-related incidents have gone up, specifically in Districts 3, 5, 7 and 8. That analysis, however, will take time, he said.

Contact Jana Kadah at [email protected] or @Jana_Kadah on Twitter.