Miami-Dade
Legislative Item File Number: 180349 |
Printable PDF Format |
File Number: 180349 | File Type: Resolution | Status: Amended | ||||||||||||||||||||||||||
Version: 0 | Reference: | Control: Board of County Commissioners | ||||||||||||||||||||||||||
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Requester: NONE | Cost: | Final Action: | ||||||||||||||||||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 2/21/2018 | 11A10 | Amended | ||||
REPORT: | SEE LEGISLATIVE FILE NO. 180519 FOR AMENDED VERSION. | ||||||
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Office of the Chairperson | 2/20/2018 | Additions | |||||
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County Attorney | 2/16/2018 | Assigned | Altanese Phenelus | 2/16/2018 | |||
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Legislative Text |
TITLE RESOLUTION URGING THE UNITED STATES CONGRESS TO REINSTATE THE FEDERAL ASSAULT WEAPONS BAN; URGING THE FLORIDA LEGISLATURE TO IMPOSE A STATE ASSAULT WEAPONS BAN; ALTERNATIVELY, URGING THE FLORIDA LEGISLATURE TO LIFT THE PREEMPTION ON LOCAL GOVERNMENTS� REGULATION OF ASSAULT WEAPONS IN FLORIDA AND ALLOW LOCAL GOVERNMENTS TO IMPOSE AN ASSAULT WEAPONS BAN BODY WHEREAS, assault weapons related mass shootings continue to plague the American people; and WHEREAS, on February 14, 2018, a 19 year-old using a semiautomatic rifle tragically killed 17 students at a Broward County high school; and WHEREAS, on October 1, 2017, a man using semiautomatic rifles legally modified to shoot like automatic weapons fired into a crowd of concertgoers on the Las Vegas Strip and killed 58 people and wounded hundreds of others, making it the worst mass shooting in United States history; and WHEREAS, on June 12, 2016, a man carrying an assault-style rifle and handgun killed 49 people and injured 53 others in a nightclub in Orlando, Florida; and WHEREAS, on December 2, 2015, a husband and wife carrying assault rifles and handguns opened fire on a holiday banquet of government employees, killing 14 people and wounding more than 20 others in San Bernardino, California; and WHEREAS, in July 2015, a gunman armed with a .40 caliber Hi-Point semiautomatic weapon opened fire in a movie theatre in Lafayette, Louisiana; and WHEREAS, in December 2012, a gunman, using an AR-15 assault rifle with a 30-round magazine opened fire in an elementary school in Newtown, Connecticut, killing 20 children and six staff members; and WHEREAS, in July 2012, a gunman opened fire in a crowded movie theatre in Aurora, Colorado using an AR-15 assault rifle with a 100-round magazine, killing 12 people and injuring 59 others; and WHEREAS, such shootings occur locally as well; and WHEREAS, in June 2014, two gunmen using automatic weapons shot at a crowd of people outside an apartment complex at NW 15th Avenue and 65th Street in Miami, killing two people and injuring seven others; and WHEREAS, in January 2009, a gunman armed with an assault weapon 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, in September 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, these incidents exemplify the dangers of assault weapons, such as UZIs, AK-47s and AR-15s; and WHEREAS, such weapons are designed for military purposes and have no legitimate use for hunting, self defense, or other civilian uses; and WHEREAS, assault weapons are designed to enhance the capacity to rapidly shoot multiple targets, with a range of up to 100 yards and magazines that commonly enable the shooter to continuously fire dozens of rounds without reloading; and WHEREAS, the firepower of assault weapons make them especially desirable to violent criminals and particularly lethal when handled by such criminals; and WHEREAS, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives, assault weapons are preferred by criminals over law abiding citizens eight to one such that access to these weapons shifts the balance of power to the lawless; and WHEREAS, law enforcement has been united in support of banning assault weapons, as these weapons are of particular danger and concern to law enforcement personnel; and WHEREAS, the International Association of Chiefs of Police urged the United States Congress to impose an effective assault weapons ban; and WHEREAS, limiting civilian access to such weapons lessens the need for law enforcement to carry assault weapons in order to match the firepower capability that criminals with assault weapons would have; and WHEREAS, semi-automatic assault weapons were banned for a period of 10 years beginning in 1994 under the Federal Assault Weapons Act; and WHEREAS, the federal ban restricted the sale, manufacture, transfer, and possession of semi-automatic assault weapons except for those already in lawful possession at the time of the law�s enactment and those made for, transferred to, or owned by the federal, state or local government for purposes of law enforcement; and WHEREAS, various studies indicate that the ban significantly reduced the use of assault weapons in crimes; and WHEREAS, the ban expired in 2004 and has not been renewed; and WHEREAS, since the expiration of the assault weapons ban in 2004, there has been an escalation of assault weapons in Miami-Dade County as the weapons of choice for gang members, drug dealers and other dangerous criminals; and WHEREAS, although there is no federal law banning assault weapons, the District of Columbia, California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York have all passed laws banning assault weapons; and WHEREAS, on June 20, 2016, the United States Supreme Court declined to consider a challenge to the New York and Connecticut assault weapons bans, effectively upholding the state bans; and WHEREAS, some local governments throughout the country have also banned assault weapons in their jurisdictions; and WHEREAS, on December 7, 2015, the United States Supreme Court decided not to hear a challenge to a local law banning semi-automatic assault weapons and large-capacity magazines in the Chicago suburb of Highland Park, Illinois, which effectively upheld the lower court�s decision allowing the local ban on these weapons; and WHEREAS, this Board finds it in the best interest of this community�s safety to impose a ban on assault weapons, 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 reinstate the federal assault weapons ban. Section 2. Urges the Florida Legislature to impose a state ban on assault weapons. Section 3. Alternatively, urges the Florida Legislature to lift the preemption on local governments� regulation of assault weapons and allow local governments to impose an assault weapons ban. Section 4. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Florida Congressional Delegation, the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation. Section 5. Directs the County�s federal lobbyists to advocate for the legislation in Section 1 above, and the County�s state lobbyists to advocate for the passage of legislation in Section 2 or 3 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2018 State Legislative Package to include this item and to add this item to the 2018 Federal Legislative Package when it is presented to the Board. |
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