Miami-Dade Legislative Item
File Number: 042658
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File Number: 042658 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1176-04 Control: County Commission
File Name: SUPPORT OF BAN OF ASSAULT WEAPONS Introduced: 9/15/2004
Requester: NONE Cost: Final Action: 9/21/2004
Agenda Date: 9/21/2004 Agenda Item Number: 10A6
Notes: Title: RESOLUTION URGING THE U.S. CONGRESS TO REINSTATE THE FEDERAL ASSAULT WEAPONS BAN; URGING THE FLORIDA LEGISLATURE TO IMPOSE A STATE ASSAULT WEAPONS BAN; AND ALTERNATIVELY URGING THE CONGRESS AND THE LEGISLATURE TO LIFT THE PREEMPTION AND ALLOW LOCAL GOVERNMENTS TO IMPOSE AN ASSAULT WEAPONS BAN
Indexes: FIREARMS CONTROL
  LEGISLATURE
Sponsors: Jimmy L. Morales, Prime Sponsor
  Dr. Barbara Carey-Shuler, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/21/2004 10A6 Adopted P

County Manager 9/17/2004 Additions 9/21/2004

County Attorney 9/15/2004 Assigned Jess M. McCarty 9/15/2004

Legislative Text


TITLE
RESOLUTION URGING THE U.S. CONGRESS TO REINSTATE THE FEDERAL ASSAULT WEAPONS BAN; URGING THE FLORIDA LEGISLATURE TO IMPOSE A STATE ASSAULT WEAPONS BAN; AND ALTERNATIVELY URGING THE CONGRESS AND THE LEGISLATURE TO LIFT THE PREEMPTION AND ALLOW LOCAL GOVERNMENTS TO IMPOSE AN ASSAULT WEAPONS BAN

BODY
WHEREAS, the federal law banning the sale of semiautomatic assault weapons, known as the Federal Assault Weapons Act, was signed into law on September 13, 1994 as part of the Violent Crime Control and Law Enforcement Act of 1994; and
WHEREAS, the assault weapons ban expired on September 13, 2004 since the President and Congress did not renew it; and
WHEREAS, as a result of the expiration of the ban on assault weapons, UZIs, AK-47s and other semiautomatic assault weapons could begin flooding our streets again as the weapons of choice for gang members, drug dealers and other dangerous criminals; and
WHEREAS, the guns covered by the Assault Weapons Act are semiautomatic versions of fully automatic guns designed for military use, which are designed to enhance their capacity to shoot multiple targets very rapidly, with uniquely military features with no sporting purpose whatsoever; and
WHEREAS, the firepower of assault weapons makes them especially desired by violent criminals and especially lethal in their hands; and
WHEREAS, prior to the Act, although assault weapons constituted less than 1% of the guns in circulation, they were a far higher percentage of the guns used in crime; and
WHEREAS, according to the Bureau of Alcohol Tobacco and Firearms ("ATF") assault weapons are preferred by criminals over law abiding citizens eight to one such that access to them shifts the balance of power to the lawless; and
WHEREAS, assault weapons have been used to perpetrate some of the worst mass murders ever committed in the United States; and
WHEREAS, law enforcement has been united in support of banning these assault weapons as they are of particular danger and concern to law enforcement personnel; and
WHEREAS, limiting civilian access to such weapons lessens the need for law enforcement to carry assault weapons themselves in order to match the firepower capability that criminals with assault weapons would have; and
WHEREAS, according to various studies, the Act has significantly reduced the incidence of assault weapons in the use of crime; and
WHEREAS, a Miami-Dade police officer was shot with a semi-automatic assault weapon the day before the federal assault weapon ban expired; and
WHEREAS, California, Massachusetts, New York and Hawaii have their own laws banning assault weapons; and
WHEREAS, this Board of County Commissioners finds it in the best interest of the public safety of this community to maintain the ban on assault weapons,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that this Board:
Section 1. Urges the U.S. Congress to reauthorize the federal assault weapons ban.
Section 2. Urges the Florida Legislature to institute a state ban on assault weapons.
Section 3. Urges the U.S. Congress and the Florida Legislature to lift the preemption presently in place and allow local governments to impose an assault weapons ban.
Section 4. Directs the County's federal and state lobbyists to lobby for passage of legislation that reinstates and/or imposes an assault weapons ban, or alternatively, allows local governments to impose an assault weapons ban, and directs the Office of Intergovernmental Affairs to include this item in the federal and state legislative packages.
Section 5. Directs the Clerk of the Board to send a certified copy of this resolution to the Florida Congressional Delegation and the chair and members of the Miami-Dade State Legislative Delegation.



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