Miami-Dade Legislative Item
File Number: 122480
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File Number: 122480 File Type: Resolution Status: Adopted
Version: 0 Reference: R-58-13 Control: Board of County Commissioners
File Name: URGING GUN SHOW LOOPHOLE Introduced: 12/17/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A18
Notes: Title: RESOLUTION URGING THE UNITED STATES CONGRESS TO CLOSE THE ''GUN SHOW LOOPHOLE'' NATIONWIDE AND URGING THE FLORIDA LEGISLATURE TO ACT STATEWIDE TO REQUIRE PRIVATE SALES OF FIREARMS TO INCLUDE A MANDATORY BACKGROUND CHECK OF A PURCHASER OF A FIREARM REGARDLESS OF WHETHER THE FIREARM VENDOR IS LICENSED OR NONLICENSED PURSUANT TO FEDERAL OR STATE LAW
Indexes: FLORIDA LEGISLATION
  GUNS
  URGING
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 11A18 Adopted P

Board of County Commissioners 12/18/2012 11A24 Deferred 1/23/2013 P
REPORT: Please see report under Agenda Item 11A21, Legislative File No. 122477.

County Attorney 12/17/2012 Assigned Alex S. Bokor 12/17/2012

Legislative Text


TITLE
RESOLUTION URGING THE UNITED STATES CONGRESS TO CLOSE THE “GUN SHOW LOOPHOLE” NATIONWIDE AND URGING THE FLORIDA LEGISLATURE TO ACT STATEWIDE TO REQUIRE PRIVATE SALES OF FIREARMS TO INCLUDE A MANDATORY BACKGROUND CHECK OF A PURCHASER OF A FIREARM REGARDLESS OF WHETHER THE FIREARM VENDOR IS LICENSED OR NONLICENSED PURSUANT TO FEDERAL OR STATE LAW

BODY
WHEREAS, approximately 33 states have no requirement that “private” sales of firearms by a vendor without a federal firearm license (a “nonlicensed vendor”), including those that occur regularly at gun shows, flea markets and other events throughout the country including in the State of Florida, include any kind of background check of the purchaser; and
WHEREAS, Florida has no uniform requirement for background check of the purchaser for firearm purchases at gun shows or any other private sale where the vendor is a nonlicensed vendor of firearms; and
WHEREAS, over 5,000 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed vendors; and
WHEREAS, gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by federal firearms licensees and nonlicensed vendors, form a significant part of the national firearms market; and
WHEREAS, at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; and
WHEREAS, since the enactment of the Brady Handgun Violence Prevention Act (Public Law 103-59; 107 Stat. 1536) in 1993, over 100,000,000 background checks have been performed by federal firearms licensees, denying guns to more than 1,600,000 illegal buyers; and
WHEREAS, sales by nonlicensed vendors at gun shows, flea markets, and other organized events are not required to perform background checks, thereby allowing potentially prohibited persons to avoid background checks and purchase firearms; and
WHEREAS, gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; and
WHEREAS, Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to require background checks to ensure that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events; and
WHEREAS, the Florida Legislature has the authority to require by statute that any nonlicensed vendors be required to conduct the same background check of the purchaser as currently required for licensed vendors,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to pass legislation closing the “Gun Show Loophole” nationwide by requiring background checks for purchasers of firearms at gun shows, flea markets, and other organized events regardless of whether the seller is a licensed or nonlicensed vendor of firearms.
Section 2. Urges the Florida Legislature to pass legislation closing the “Gun Show Loophole” by requiring background checks for purchasers of firearms regardless of whether the seller is a licensed or nonlicensed vendor of firearms.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Miami-Dade County Congressional Delegation, the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County's federal and state lobbyists to advocate for the legislation set forth 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 and to amend the 2013 State Legislative Package to include this item.



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