Miami-Dade Legislative Item
File Number: 122477
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File Number: 122477 File Type: Resolution Status: Adopted
Version: 0 Reference: R-55-13 Control: Board of County Commissioners
File Name: ID FOR AMMUNITION PURCHASE Introduced: 12/17/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A15
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES FOR THE USE OF CERTAIN AMMUNITION COMMONLY USED IN ASSAULT WEAPONS DURING THE COMMISSION OF A FELONY
Indexes: GUNS
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, 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 1/23/2013 11A15 Adopted P

Board of County Commissioners 12/18/2012 11A21 Deferred 1/23/2013 P
REPORT: County Attorney Cuevas noted Agenda Items 11A21 – 11A26 were add-ons relating to gun control, and Agenda Item 11A27 was a Newtown resolution requested by Commissioner Moss. Commissioner Bell asked that Agenda Items 11A21 – 11A26 be deferred so that they could be thoroughly discussed. It was moved by Commissioner Bell that Agenda Items 11A21 – 11A26 be deferred to the next BCC meeting. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 10-1; (Commissioner Jordan voted “No”; Commissioners Barreiro and Suarez were absent).

County Attorney 12/17/2012 Assigned Jess M. McCarty 12/17/2012

Legislative Text



TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES FOR THE USE OF CERTAIN AMMUNITION COMMONLY USED IN ASSAULT WEAPONS DURING THE COMMISSION OF A FELONY

BODY
WHEREAS, in what has been described as the worst mass shooting in U.S. history, in July, 2012, a gunman opened fire in a crowded movie Theater in Aurora, Colorado with an AR-15 assault rifle with a 100-round magazine, killing 12 people and injuring another 59 people; and
WHEREAS, in January, 2009, a gunman opened fire on a crowd of about 50 people who had gathered at the corner of NW 71st Street and 15th Avenue in Miami, killing two people and wounding nine others; and
WHEREAS, witnesses described the firearm used as large assault weapon, like an AK47; and
WHEREAS, on September 13, 2007 four Miami-Dade Police Officers were shot, and one officer, Officer Jose Somohano, was killed with an assault weapon, all arising out of a traffic stop in south Miami-Dade County; and
WHEREAS, in September 2004, a gunman opened fire on a Miami-Dade County police officer, wounding her and destroying her police car; and
WHEREAS, the ammunition used in these crimes was designed for military use and is commonly chambered in high capacity assault type weapons, and
WHEREAS, the lethal nature of assault weapon ammunition, especially when used in combination with high capacity assault type weapons, makes it especially desirable to violent criminals; and
WHEREAS, Miami-Dade County and other communities throughout Florida are currently experiencing acts of extreme violence by individuals using ammunition in the following calibers which are commonly chambered in high capacity assault type weapons: 5.56x45 mm (.223), 7.62x51 mm (.308), 7.62x39 mm, and 5.45x39 mm; and
WHEREAS, the commission of felonies using these types of ammunition and other similar rounds, should result in enhanced criminal penalties; and
WHEREAS, such enhanced penalties would not penalize individuals for the lawful use of the foregoing calibers, for purposes including, but not limited to, self-defense, legal hunting, competitive sharp shooting, and use by the military, but would only punish criminal activity,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation enhancing the penalties for the use of ammunition such as 5.56x45 mm (.223), 7.62x51 mm (.308), 7.62x39 mm, or 5.45x39 mm ammunition and other similar ammunition commonly used in assault weapons, when such ammunition is used in the commission of a felony.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the MiamiDade 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 the Office of Intergovernmental Affairs to amend the 2013 State Legislative Package to include this item.



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