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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #3736 Resolution A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO REMOVE THE PREEMPTION ON LOCAL GOVERNMENTS REGARDING THE REGULATION OF FIREARMS AND AMMUNITION IN FLORIDA; FURTHER URGING THE FLORIDA LEGISLATURE TO ALLOW LOCAL GOVERNMENTS THE AUTHORITY TO IMPOSE REGULATIONS THAT PROTECT THE HEALTH, SAFETY, AND WELFARE OF A MUNICIPALITY'S RESIDENTS WITH RESPECT TO ASSAULT WEAPONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. City of Miami Legislation Resolution Enactment Number: R-18-0081 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3736 Final Action Date:2/22/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO REMOVE THE PREEMPTION ON LOCAL GOVERNMENTS REGARDING THE REGULATION OF FIREARMS AND AMMUNITION IN FLORIDA; FURTHER URGING THE FLORIDA LEGISLATURE TO ALLOW LOCAL GOVERNMENTS THE AUTHORITY TO IMPOSE REGULATIONS THAT PROTECT THE HEALTH, SAFETY, AND WELFARE OF A MUNICIPALITY'S RESIDENTS WITH RESPECT TO ASSAULT WEAPONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. WHEREAS, the use of assault weapons to commit mass shootings, leaving many dead, continues to plague this country; and WHEREAS, on February 14, 2018, a nineteen (19) year old individual used a semiautomatic rifle to kill seventeen (17) students and employees inside Marjory Stoneman Douglas Senior High School located in Broward County and injured many others; and WHEREAS, on October 1, 2017, a man legally modified semiautomatic rifles to shoot like automatic weapons into a crowd of concertgoers on the Las Vegas Strip killing 58 people and wounding hundreds of others, making it the worst mass shooting in United States history; and WHEREAS, on June 12, 2016, a man carrying an assault -style rifle and handgun killed forty-nine (49) people and injured fifty-three (53) others in a nightclub in Orlando, Florida; and WHEREAS, on December 2, 2015, a husband and wife carrying assault rifles and handguns opened fire on a holiday banquet of government employees killing fourteen (14) people and wounding more than twenty (20) others in San Bernardino, California; and WHEREAS, in July 2015, a gunman armed with a .40 caliber Hi -Point semiautomatic weapon opened fire into a movie theatre in Lafayette, Louisiana; and WHEREAS, in June 2014, two (2) gunmen using automatic weapons shot at a crowd of people outside an apartment complex at Northwest 15th Avenue and 65th Street in the City of Miami ("City") killing two (2) people and injuring seven (7) others; and WHEREAS, in December 2012, a gunman using an AR-15 assault rifle with a 30-round magazine opened fire into an elementary school in Newtown, Connecticut killing twenty (20) children and six (6) staff members; and WHEREAS, in July 2012, a gunman opened fire in a crowded movie theatre in Aurora, Colorado using an AR-15 assault rifle with a 100-round magazine, killing twelve (12) people and injuring fifty-nine (59) others; and WHEREAS, in January 2009, a gunman armed with an assault weapon opened fire into a crowd of approximately fifty (50) people who had gathered at the corner of Northwest 71 st Street and 15th Avenue in the City, killing two (2) people and wounding nine (9) others; and WHEREAS, these violent incidents exemplify the dangers of assault weapons; and WHEREAS, such assault weapons are designed solely for military purposes and have no legitimate use for hunting, self-defense, or other civilian uses; and WHEREAS, assault weapons are designed to enhance the capacity to rapidly shoot multiple targets at a range of up to one hundred (100) yards with magazines that commonly enable the shooter to continuously fire dozens of rounds without reloading; and WHEREAS, the firepower of assault weapons make them especially desirable to violent criminals and particularly lethal; and WHEREAS, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, assault weapons are preferred by criminals over law abiding citizens eight to one such (8-1) that access to these weapons shifts the balance of power to the lawless; and WHEREAS, law enforcement has been united in support of banning assault weapons as these weapons are of particular danger and concern to law enforcement personnel as well as innocent civilians; and WHEREAS, limiting civilian access to such assault weapons lessens the need for law enforcement to carry assault weapons in response to match the firepower capability that criminals with assault weapons currently have; and WHEREAS, semi -automatic assault weapons were banned for a period of ten (10) years beginning in 1994 under the Federal Assault Weapons Act; and WHEREAS, the federal ban restricted the sale, manufacture, transfer, and possession of semi -automatic assault weapons except for those already in lawful possession at the time of the law's enactment and those made for, transferred to, or owned by the federal, state, or local government for purposes of law enforcement; and WHEREAS, various studies indicate that the federal ban significantly reduced the use of assault weapons in crimes; and WHEREAS, the federal ban expired in 2004 and has not been renewed; and WHEREAS, since the expiration of the federal ban in 2004, there has been an escalation of assault weapons in the City as the weapons of choice for gang members, narcotics dealers, and others engaged in violent felonies; and WHEREAS, although there is no federal law banning assault weapons, the District of Columbia, California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York have all passed laws banning assault weapons; and WHEREAS, on June 20, 2016, the United States Supreme Court declined to consider a challenge to the New York and Connecticut assault weapons bans, effectively upholding the state bans; and WHEREAS, the City Commission finds it in the best interest for the safety of the City's residents, businesses, and visitors to impose a ban on assault weapons; and WHEREAS, the Florida Legislature currently prohibits municipalities from imposing any such bans and preempts municipalities from attempting to impose any bans; 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 Miami City Commission urges the Florida Legislature to remove the preemption on local governments regarding the regulation of firearms and ammunition in Florida. Section 3. The Miami City Commission further urges the Florida Legislature to allow local governments the authority to impose regulations that protect the health, safety, and welfare of a municipality's residents with respect to assault weapons. Section 4. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott, the President of the Florida Senate Joe Negron, and the Speaker of the Florida house of Representatives Richard Corcoran, and the Miami -Dade County Legislative Delegation. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, Ginty Attor ey 2/28/2018 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.