Miami-Dade Legislative Item
File Number: 122479
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File Number: 122479 File Type: Resolution Status: Adopted
Version: 0 Reference: R-57-13 Control: Board of County Commissioners
File Name: URGING POSSESSION OF AN AK-47 OR OTHER SEMI-WEAPON Introduced: 12/17/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A17
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION INCREASING THE PENALTY FOR POSSESSION OF AN AK-47 OR OTHER SEMI-AUTOMATIC ASSAULT WEAPON DURING THE COMMISSION OF A FELONY FROM 15 TO 25 YEARS
Indexes: URGING
  WEAPONS BAN
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 11A17 Adopted P

Board of County Commissioners 12/18/2012 11A23 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 THE FLORIDA LEGISLATURE TO ENACT LEGISLATION INCREASING THE PENALTY FOR POSSESSION OF AN AK-47 OR OTHER SEMI-AUTOMATIC ASSAULT WEAPON DURING THE COMMISSION OF A FELONY FROM 15 TO 25 YEARS

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 move theatre 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 AK 47; 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, on January 8, 2008, Miami Police Department Detective James Walker was shot and killed by an AK-47 when he attempted to take police action while off duty; and
WHEREAS, in 2009 there were 6 deaths in Miami-Dade County with the use of assault weapons, in 2010 there were 11 such deaths, and in 2011 there were 11 such deaths, according to the Miami-Dade Police Department; and
WHEREAS, so far in 2012, there have been 10 deaths in Miami-Dade County with the use of assault weapons, according to the Miami-Dade Police Department; and
WHEREAS, these incidents and statistics indicate that the current penalties for crimes involving firearms are not adequate to act as a deterrent to gun violence; and
WHEREAS, Florida ranks among the most violent states in the nation, and also has some of the most lenient gun laws in the nation; and
WHEREAS, criminals who use firearms during the commission of violent crimes pose increased danger to the lives, health and safety of our community’s residents and law enforcement officers who daily put their lives on the line to protect the community from violent criminals, and
WHEREAS, in 1999, the Florida Legislature enacted the “10-20-Life” bill, Chapter 99-12, Laws of Florida (HB 113), which imposed a mandatory minimum 10-year prison term for any person who possesses a firearm at any time during the course of an enumerated offense; a mandatory minimum 20-year prison term if the offender discharges a firearm during the course of one of the enumerated felonies; and a 25-year to life sentence if the firearm is discharged causing death or great bodily harm; and
WHEREAS, the enumerated felonies consist of the following:
• Murder;
• Sexual battery;
• Robbery;
• Burglary;
• Arson;
• Aggravated assault;
• Aggravated battery;
• Kidnapping;
• Escape;
• Aircraft piracy;
• Aggravated child abuse;
• Aggravated abuse of an elderly person or disabled adult;
• Unlawful throwing, placing, or discharging of a destructive device or bomb;
• Carjacking;
• Home-invasion robbery;
• Aggravated stalking;
• Trafficking in cannabis, cocaine and other controlled substances; and
• Possession of a firearm by a felon; and

WHEREAS, Chapter 99-12 also increased the penalty for possession of a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun during the course of one of these felonies from 8 years to 15 years; and
WHEREAS, section 921.0024, Florida Statutes, provides for increased sentences for possession of a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun during the course of one of the felonies listed above; and
WHEREAS, existing penalties have not been successful at curtailing the use of assault weapons; and
WHEREAS, stronger penalties are needed to combat gun violence with assault weapons; and
WHEREAS, there is no civilian, non-law enforcement purpose for AK-47s and other semi-automatic assault weapons; and
WHEREAS, these weapons are possessed, carried and used with an intent to kill; and
WHEREAS, the minimum mandatory penalty for possession of a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun during the course of an enumerated felony should be increased from 15 years to 25 years,
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 enact legislation increasing the penalty for possession of an AK-47 or other semi-automatic assault weapon during the commission of a felony from 15 to 25 years.
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 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 the Office of Intergovernmental Affairs to amend the 2013 State Legislative Package to include this item.



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