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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00034 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED
STATES CONGRESS TO REDUCE GUN VIOLENCE IN AMERICAAND HELP
PREVENT FUTURE MASS SHOOTINGS THROUGH PASSAGE OF HOUSE /
RESOLUTION 137, 'THE FIX GUN CHECKS ACT OF 2013," WHICH WOULD
REQUIRE A BACKGROUND CHECK FOR EVERY GUN SALE AND ENSURE THAT
ALL CRIMINALS AND OTHER DANGEROUS PEOPLE WHO ARE PROHIBITED
FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM; FURTHER URGING CONGRESS TO PASS
LEGISLATION STOPPING THE SALE, TRANSFER, IMPORTATION AND
MANUFACTURE OF ASSAULT WEAPONS AND LARGE AMMUNITION
MAGAZINES; DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS
RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, the National Instant Criminal Background Check System ("NICS") is an effective
tool to keep guns out of the hands of criminals and other dangerous individuals, and this system has
blocked 1.9 million illegal gun purchases and permit applications in the past two decades; and
WHEREAS, despite this success, the system is undermined by legal loopholes and missing
records that enable too many dangerous individuals to obtain weapons they later use in crimes; and
WHEREAS, it is estimated that state and federal agencies have failed to report more than one
million records of persons with dangerous mental illness into the NICS database; and
WHEREAS, on April 16, 2007, Seung-Hui Cho shot and killed 32 people at Virginia Tech with
guns that were legally purchased in violation of federal law because of Virginia's inadequate
background check requirements; and
WHEREAS, on January 8, 2011, Jared Loughner, a person with a reported history of drug
abuse and serious mental illness and should have been in the NICS database but was not, allegedly
killed six people and wounded 13 others, including United States Congresswoman Gabrielle Giffords;
and
WHEREAS, on July 20, 2012, James Holmes, using a semi -automatic rifle and other guns,
allegedly shot and killed 12 people and injured at least 58 others in a movie theater in Aurora,
Colorado, using some of the thousands of rounds of ammunition that the shooter had recently
purchased online without any background check; and
WHEREAS, on August 5, 2012, Wade Michael Page, using a semi -automatic handgun,
allegedly shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin; and
WHEREAS, on December 14, 2012, Adam Lanza, using two semi -automatic handguns, shot
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and killed 27 people, including 20 children, six school employees at Sandy Hook Elementary School;
and
WHEREAS, in the wake of the Virginia Tech shootings, Virginia and other states have
submitted hundreds of thousands of new mental health records into the NICS database, yet 21 states
and the District of Columbia have each submitted fewer than 100 mental health records since that
massacre; and
WHEREAS, under federal law licensed gun dealers are mandated to conduct NICS checks
before proceeding with a sale, but this requirement does not apply to so-called private sellers who are
present in large numbers at gun shows and sell guns over the internet; and
WHEREAS, more than 12,000 Americans are murdered with guns every year, and the
overwhelming majority of these crimes are committedby. individuals who are barred from purchasing
or possessing guns under Federal law; and
WHEREAS, House Resolution 137, the "Fix Gun Checks Act of 2013," has been introduced in
the United States Congress, and this legislation would address the two major flaws in the nation's gun
background check system by improving compliance with federal record reporting requirements, and
by requiring background checks for all United States gun sales; and
WHEREAS, more than 50 national organizations support closing gaps in the gun background
check database and requiring a background check for all gun sales, including the United States
Conference of Mayors, National Urban League, National Association for the Advancement of Colored
People, and the National Coalition Against Domestic Violence, the International Association of Chiefs
of Police, the Major Cities Chiefs Association and the Police Executive Research Forum; and
WHEREAS, House Resolution 137, the "Fix Gun Checks Act of 2013," is strongly supported by
Mayors Against Illegal Guns, a national, bipartisan coalition of more than 800 mayors, who represent
more than 58 million Americans;
NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The Miami City Commission urges immediate passage of House Resolution 137, the
"Fix Gun Checks Act of 2013" in the United States Congress.
Section 3. The Miami City Commission urges immediate passage of legislation stopping the sale,
transfer, importation and manufacture of assault weapons and large ammunition magazines, strips
and drums that hold more than 10 rounds.
Section 4. The Miami City Commission, echoing the call of gun violence survivors and family
members, calls on both President Obama and the United States Congress to put in place concrete
reforms to reduce gun violence nationwide and help prevent future mass shootings.
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Section 5. The Miami City Commission and Mayor Tomas Regalado will join with domestic violence
prevention advocates, faith leaders, law enforcement officials, and other elected officials to make clear
that failure to strengthen gun laws at the national level will continue to fuel gun violence in big and
small cities throughout the country.
Section 6. The City Clerk is directed to transmit a copy of this Resolution to all members of
Florida's Congressional Delegation, and to the Obama Administration.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
APPROVED AS TO FORM AND CORRECTNESy�
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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