Miami-Dade Legislative Item
File Number: 090223
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File Number: 090223 File Type: Resolution Status: Adopted
Version: 0 Reference: R-128-09 Control: Board of County Commissioners
File Name: GUN SALES Introduced: 1/29/2009
Requester: NONE Cost: Final Action: 2/17/2009
Agenda Date: 2/17/2009 Agenda Item Number: 11A13
Notes: Title: RESOLUTION URGING THE U.S. CONGRESS AND THE FLORIDA LEGISLATURE TO PASS LEGISLATION REQUIRING ALL GUN SALES REGARDLESS OF VENUE OR TYPE TO BE REGISTERED WITH LAW ENFORCEMENT WITHIN 14 DAYS OF PURCHASE, REQUIRING FIREARM OWNERS TO REPORT LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT & CREATING A FIREARMS REGISTRATION SYSTEM AND DATABASE AVAILABLE ONLY TO LAW ENFORCEMENT
Indexes: GUNS
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Katy Sorenson, 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 2/17/2009 11A13 Adopted P
REPORT: Commissioner Sorenson asked that she be listed as a co-sponsor to the foregoing proposed resolution. Hearing no further questions or comments, the Commission proceeded to vote.

County Manager 2/13/2009 Additions 2/17/2009

Health, Public Safety & Intergovernmental Cmte 2/12/2009 2D Forwarded to the BCC by the BCC Chairperson with a favorable recommendation P
REPORT: Assistant County Attorney Valda Clark Christian read the foregoing proposed resolution into the record. The Committee proceeded to vote on this resolution as presented. Chairwoman Heyman stated law enforcement agencies supported this resolution. Commissioner Rolle asked to be listed as a cosponsor on this proposed resolution. Chairwoman Heyman requested staff to prepare the appropriate memorandum to the Board of County Commissioners (BCC) Chairman Dennis C. Moss requesting that the Board's Rules and Procedures be waived to hear this proposed resolution at the February 17, 2009, Board meeting.

County Attorney 2/2/2009 Referred Health, Public Safety & Intergovernmental Cmte 2/12/2009

County Attorney 1/29/2009 Assigned Jess M. McCarty 2/6/2009

Legislative Text


TITLE
RESOLUTION URGING THE U.S. CONGRESS AND THE FLORIDA LEGISLATURE TO PASS LEGISLATION REQUIRING ALL GUN SALES REGARDLESS OF VENUE OR TYPE TO BE REGISTERED WITH LAW ENFORCEMENT WITHIN 14 DAYS OF PURCHASE, REQUIRING FIREARM OWNERS TO REPORT LOST OR STOLEN FIREARMS TO LAW ENFORCEMENT & CREATING A FIREARMS REGISTRATION SYSTEM AND DATABASE AVAILABLE ONLY TO LAW ENFORCEMENT

BODY
WHEREAS, on Friday, January 23, 2009, a gunman unexpectedly opened fire on a crowd of about 50 people who had gathered at the corner of NW 71st Street and 15th Avenue; and
WHEREAS, nine people were wounded, including two that were tragically killed, in what police called one of the largest mass shootings in Miami history; and
WHEREAS, the two people killed were both teenagers, Brandon T. Mills, age 16, and Derrick “Termite” Gloster, age 18; and
WHEREAS, the incident followed the September 13, 2007 tragic shooting of four Miami-Dade Police Officers, including the death of one such officer, Officer Jose Somohano, all arising out of a traffic stop in south Miami-Dade County; and
WHEREAS, in 2007 there were 16 deaths in Miami-Dade with the use of assault weapons, and in 2008 there were 15 such deaths, according to the Miami-Dade Police Department; and
WHEREAS, these incidents and statistics indicate that guns are too easy to access, that too many guns are on the streets of our community, and that there is a need to better track who possesses firearms in our community; and
WHEREAS, Florida law currently does not require that gun owners register their firearms, which means that law enforcement does not know how many guns are in the state or where they are; and
WHEREAS, the lack of registration data makes it more difficult for police to trace guns used in crime, identify illegal gun traffickers or hold gun owners accountable for their weapons; and
WHEREAS, the lack of registration data means that there is no system in Florida to identify and disarm felons and other prohibited people who bought guns legally in the past, but later committed a crime or otherwise became ineligible to keep possession of their firearms; and
WHEREAS, Florida law also does not require firearm owners to report lost or stolen firearms to law enforcement; and
WHEREAS, requiring firearm owners to report lost or stolen firearms to law enforcement would help to keep illegal guns off the streets by removing the excuse used by gun traffickers that "lose" their firearms,
WHEREAS, during the 2004 session, the Florida Legislature passed HB 155, Chapter No. 2004-59, Laws of Florida, which prohibited any state, regional, or local governmental entity, any private entity or any person from keeping any list, record, or registry of privately-owned firearms or any list, record, or registry of the owners of such firearms, with certain narrow exceptions; and
WHEREAS, HB 155 provided that a violation of the prohibition on firearms registries is a third degree felony, punishable by up to five years in prison and by a fine of up to $5 million; and
WHEREAS, HB 155 further provided that any list, record, or registry maintained or under construction on the effective date of HB 155 in 2004 was to be destroyed within 60 calendar days after HB 155’s effective date, unless prohibited by law, and made failure to destroy any such list a prosecutable offense under HB 155; and
WHEREAS, Florida law currently makes legislative findings that a firearms registry is not a law enforcement tool; and
WHEREAS, a national or state firearms registration system and database that is shared with state and local law enforcement could assist law enforcement officers in criminal investigations; and
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 and the Florida Legislature to pass legislation requiring all gun sales regardless of venue or type to be registered with law enforcement within 14 days of purchase in addition to any other more restrictive existing requirements; requiring firearm owners to report lost or stolen firearms to law enforcement; and creating a federal or state firearms registration system and database available only to law enforcement.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Florida Congressional Delegation, the Governor, Senate President, House Speaker, and the Chair and Members of the Miami Dade County State Legislative Delegation.
Section 3. Directs the County's state lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs that the 2009 Federal and State Legislative Packages be amended to include this item.



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