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HomeMy WebLinkAboutR-18-0076City of Miami Resolution R-18-0076 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3734 Final Action Date: 2/22/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS ("CONGRESS") TO PASS HOUSE OF REPRESENTATIVES BILL 3999 OR SIMILAR LEGISLATION TO PROHIBIT THE MANUFACTURE, SALE, AND POSSESSION OF "BUMP STOCKS" AND SIMILAR FIREARM COMPONENTS OR ACCESSORIES; FURTHER URGING CONGRESS AND THE FLORIDA LEGISLATURE TO PASS LEGISLATION THAT WOULD HOLD UNETHICAL GUN DEALERS ACCOUNTABLE; AND LASTLY URGING THE FEDERAL AND STATE GOVERNMENTS TO CONDUCT OR SPONSOR RESEARCH INTO "SMART" GUN SAFETY TECHNOLOGY; DIRECTING THE CITY MANAGER TO MAKE THE POLICIES STATED ABOVE LEGISLATIVE PRIORITIES; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS NAMED HEREIN. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, South Florida has just experienced the worst mass shooting at a public high school in its history when on February 14, 2018, at Marjory Stoneman Douglas High School in Parkland, Florida, a gunman murdered seventeen (17) people and injured fourteen (14); and WHEREAS, on October 1, 2017, a shooter committed the deadliest mass shooting in United States history killing fifty-nine (59) people and wounding more than 500 others who were attending an outdoor concert using twelve (12) rifles equipped with bump stocks in carrying out the massacre and using these devices to rain down on his victims approximately ten (10) times the amount of bullets per minute of firing that he could have been fired into the crowd of concertgoers with an unaltered semi -automatic rifle; and WHEREAS, in 1986, under legislation signed by then -President Ronald Reagan, the United States Congress ("Congress") prohibited the manufacture and sale of any machine guns, defined as any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one (1) shot, without manual reloading, by a single function of the trigger; and WHEREAS, although the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") has prohibited certain devices (conversion kits, Akins Accelerator, etc.) that are designed and that function to convert a weapon into a machine gun, it has allowed other devices that have the same functionality to be manufactured and sold, including Slide Fire bump stocks, which the ATF determined in 2010 did not violate federal law; and WHEREAS, the manufacturers of bump stocks represented to ATF that the devices were designed for the purpose of aiding persons of limited physical ability to fire semi -automatic weapons; but the obvious purpose of these devices is to make semi -automatic firearms function like fully -automatic machine guns, making them capable of firing approximately 400-800 rounds City of Miami Page 1 of 3 File ID: 3734 (Revision: A) Printed On: 3/28/2025 File ID: 3734 Enactment Number: R-18-0076 of ammunition per minute, as opposed to the 60-80 rounds per minute rate of an unaltered semiautomatic rifle; and WHEREAS, not only do these devices exponentially increase the lethality of the weapons, they are entirely useless for any legitimate hunting or even sporting purpose as they severely compromise accuracy and the ability to control the weapon; and WHEREAS, these devices also cause the weapon to heat up so quickly that they can cause the firearm to "cook off" rounds even when the shooter does not intend to fire; and WHEREAS, on October 10, 2017, Congressmen Carlos Curbelo of Florida's 26th Congressional House District sponsored House of Representatives Bill No. 3999 ("H.R. 3999") to prohibit the manufacture, possession, or transfer of any part or combination of parts that is designed and functions to increase the rate of fire of a semiautomatic rifle into a fully -automatic machinegun; and WHEREAS, to date, while certain bills have been introduced in Congress relating to bump stocks and similar devices, neither ATF nor Congress has taken action to carry out the clear purposes of the federal laws adopted in 1986 under which these devices should never have been allowed to be manufactured, sold, possessed, or used; and WHEREAS, on February 21, 2018, President Donald Trump signed a memorandum directing the Department of Justice to dedicate all available resources to propose for notice and comment a rule banning all devices that turn legal weapons into fully -automatic machineguns; and WHEREAS, research shows that 90% of guns used in crimes were supplied by just 5% of dealers, enabling gun -wielding criminals to victimize our communities every day; and WHEREAS, there exists technology that allows a firearm to fire only when activated by an authorized user, with such "smart" gun technology possibly reducing suicides, accidental shootings, and deaths from stolen weapons; 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 if fully set forth in this Section. Section 2. The City Commission sends its thoughts and prayers to all the victims and their families of the mass shooting that occurred in Parkland, Florida at Marjory Stoneman Douglas High School on February 14, 2018 and sends its thoughts and prayers to all the victims and their families of gun violence in the City of Miami ("City"). Section 3. The City Commission urges Congress to pass H.R. 3999 or similar legislation to prohibit the manufacture, sale, and possession of "bump stocks" and similar firearm components or accessories. Section 4. The City Commission further urges Congress and the Florida Legislature to pass legislation that would hold unethical gun dealers accountable, change the way they do business, and shut down those who refuse to act responsibly. City of Miami Page 2 of 3 File ID: 3734 (Revision: A) Printed on: 3/28/2025 File ID: 3734 Enactment Number: R-18-0076 Section 5. Alternatively, the City Commission urges the Florida Legislature to lift the preemption on local governments' regulation of assault weapons found in Section 790.33, Florida Statutes, and allow local governments to impose a ban on assault weapons. Section 6. The City Commission lastly urges the federal and state governments to conduct or sponsor research into further "smart" gun safety technology. Section 7. The City Manager is directed to make the policies described in this Resolution as Legislative Priorities of the City. Section 8. The City Clerk is directed to transmit a copy of this Resolution to the Members of the 115th Congress and the Members of the Florida Legislature. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 3/6/2018 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. City of Miami Page 3 of 3 File ID: 3734 (Revision: A) Printed on: 3/28/2025