Miami-Dade Legislative Item
File Number: 122478
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File Number: 122478 File Type: Resolution Status: Adopted
Version: 0 Reference: R-56-13 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: 11A16
Notes: Title: RESOLUTION URGING CONGRESS AND THE FLORIDA LEGISLATURE TO REQUIRE A PURCHASER OF AMMUNITION, EXCEPT A LAW ENFORCEMENT OFFICER OR MEMBER OF THE ARMED FORCES, TO PROVIDE A DRIVER’S LICENSE OR OTHER PICTURE IDENTIFICATION; ALTERNATIVELY, URGING THE FLORIDA LEGISLATURE TO LIFT THE PREEMPTION ON LOCAL GOVERNMENTS REQUIRING SUCH IDENTIFICATION
Indexes:
  AMMUNITION
  FLORIDA LEGISLATION
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 11A16 Adopted P

Board of County Commissioners 12/18/2012 11A22 Deferred 1/23/2013 P
REPORT: Please see report under Agenda Item 11A21, Legislative File No. 122477.

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

Legislative Text


TITLE
RESOLUTION URGING CONGRESS AND THE FLORIDA LEGISLATURE TO REQUIRE A PURCHASER OF AMMUNITION, EXCEPT A LAW ENFORCEMENT OFFICER OR MEMBER OF THE ARMED FORCES, TO PROVIDE A DRIVER’S LICENSE OR OTHER PICTURE IDENTIFICATION; ALTERNATIVELY, URGING THE FLORIDA LEGISLATURE TO LIFT THE PREEMPTION ON LOCAL GOVERNMENTS REQUIRING SUCH IDENTIFICATION

BODY
WHEREAS, without ammunition, firearms are no more dangerous than a blunt object, which makes ammunition the actual agent of harm, according to Regulating Guns in America published by the Legal Community Against Violence; and
WHEREAS, while firearms are subject to various regulations, ammunition is largely unregulated in the United States; and
WHEREAS, in 1968, Congress enacted the Gun Control Act of 1968, Public Law No. 90-618, which imposed a number of regulations on ammunition manufacturers, dealers and purchasers, including:
* Requiring all ammunition manufacturers and dealers to be licensed and maintain ammunition logs;
* Prohibiting licensees from selling any ammunition to persons under age 18 and handgun ammunition to persons under age 21;
* Prohibiting interstate sales to unlicensed purchasers through, for example, mail-order transactions; and

WHEREAS, in 1986, Congress enacted the Firearms Owners’ Protection Act, Public Law No. 99-308, which repealed many provisions of the Gun Control Act of 1968, except the minimum age requirements; and
WHEREAS, while Congress considered legislation during the 1990s to regulate ammunition, Congress has not reenacted these provisions or other regulations of ammunition since that time; and
WHEREAS, current federal law prohibits the sale or transfer of ammunition to any person who is:
* Underage,
* A convicted felon,
* A fugitive from justice,
* Has been adjudicated as mental defective or committed to a mental institution,
* Is an illegal alien,
* Has been dishonorably discharged from the military, or
* Has renounced U.S. citizenship, among other prohibited categories; and

WHEREAS, current federal law does not, however, require sellers of ammunition to conduct background checks to determine if a prospective purchaser falls  into one of these prohibited categories; and
WHEREAS, four states, Maryland, Massachusetts, Minnesota and Washington along with the District of Colombia require sellers of ammunition to have licenses, while three states, Illinois, Massachusetts and New Jersey along with the District of Colombia require a license to purchase or possess ammunition; and
WHEREAS, Florida does not require a license of either sellers or purchasers of ammunition; and
WHEREAS, with the exceptions of prohibiting felons and persons subject to an injunction for domestic violence, Florida does not impose any restrictions on the sale or purchase of ammunition; and

WHEREAS, a 2006 study of ammunition purchases in the City of Los Angeles found that 10,050 rounds of ammunition had been sold to convicted felons and other prohibited persons within a two-month period, according to a study published in a journal entitled Injury Prevention; and
WHEREAS, such a study would not be possible in Florida because there is no mechanism to determine who is buying ammunition; and
WHEREAS, requiring a purchaser of ammunition, except a law enforcement officer or member of the armed forces, to show a driver’s license or other form of identification is no more onerous than what is currently required to vote in the State of Florida; and
WHEREAS, section 790.33, Florida Statutes, expressly preempts local governments from regulating firearms and ammunition; and
WHEREAS, a second statute, section 125.0107, Florida Statutes, further prohibits any county from adopting any ordinance relating to the possession or sale of ammunition,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges Congress and the Florida Legislature to require a purchaser of ammunition, except a law enforcement officer or member of the armed forces, to provide a driver’s license or other picture identification.
Section 2. Alternatively urges the Florida Legislature to lift the preemption on local governments regulating in this area.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the members of the Florida Congressional Delegation and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County’s federal lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2013 Federal Legislative Package when it is presented to the Board.
Section 5. Directs the County’s state lobbyists to advocate for the action set forth in Sections 1 and 2 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2013 State Legislative Package when it is presented to the Board.



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