HomeMy WebLinkAboutR-18-0081City of Miami
Resolution R-18-0081
Legislation
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
City of Miami Page 1 of 3 File ID: 3736 (Revision:) Printed On: 3/28/2025
File ID: 3736 Enactment Number: R-18-0081
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
City of Miami Page 2 of 3 File ID: 3736 (Revision:) Printed on: 3/28/2025
File ID: 3736 Enactment Number: R-18-0081
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:
sndez, City Httor
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.
City of Miami Page 3 of 3 File ID: 3736 (Revision:) Printed on: 3/28/2025