HomeMy WebLinkAboutR-2018-029 Calls on the State of Florida, Gov. Rick Scott & Pres. Trump to Reduce Gun Violence in Order to Prevent Future Shootings by Requiring Background Checks, Red Flag Law & Raising the Age to 21 RESOLUTION NO. 2018-029
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR
RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL
GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP
PREVENT FUTURE SHOOTINGS BY REQUIRING A BACKGROUND
CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A
RED FLAG LAW; SUPPORTING RAISING THE AGE FOR THE LEGAL
PURCHASE OF FIREARMS, MAGAZINES AND AMMUNITION TO 21;
SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP
MILITARY-STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES
AWAY FROM OUR SCHOOLS; AUTHORIZING THE CITY CLERK TO
TRANSMIT THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, national and state leaders continue to fail to act to implement sensible gun
law reforms that are supported by a majority of the nation; and
WHEREAS, an increase in the amount of hate groups, international and lone wolf
domestic terrorism, underfunded community mental health programs, and easy access to military
grade, high capacity magazine assault weapons have created circumstances which have led to an
unprecedented number of mass shootings in American communities in recent years; and
WHEREAS, in recent years, mass shootings involving military grade-high capacity
magazine assault weapons have occurred in 2007 at a college in Virginia, in 2012 at a Century
16 Movie Theater in Aurora, Colorado, and in December 2012, the mass shooting of twenty
children under the age of seven at the Sandy Hook Elementary School shooting in Newtown,
Connecticut; and
WHEREAS, further mass shootings occurred in the 2015 attack at the Inland Regional
Center in San Bernardino, California, the 2016 attack on the Pulse nightclub in Orlando, Florida,
and the 2017 attack at the Route 91 Harvest Festival in Las Vegas,Nevada; and
WHEREAS, on November 5, 2017, a mass shooting occurred at the First Baptist Church
in Sutherland Springs, Texas in which 26 were killed and injured 20 others, as has been noted,
"the attack was the deadliest mass shooting by one person in Texas and the fifth-deadliest mass
shooting in the United States. It was the deadliest shooting in an American place of worship in
modern history, surpassing the Charleston church shooting of 2015 and the Waddell Buddhist
temple shooting of 199 L"; and
WHEREAS, on February 14, 2018, a mass shooting occurred at Marjory Stoneman
Douglas High School in Parkland, Florida killing 17 students, teachers and coaches and
wounding 14 others, 5 with life-threatening injuries; and
WHEREAS, an AR-15-style rifle was used in the mass shootings in Newton,
Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada; Sutherland
Springs, Texas; and Parkland, Florida; and
BACKGROUND CHECKS FOR ALL SALES AND TRANSFERS
WHEREAS, according to Everytown For Gun Safety, which is an independent, non-
partisan 501(c)(3) organization dedicated to understanding and reducing gun violence in
America:
• Background checks are a central component of America's efforts to keep guns
from criminals: since their inception, they have blocked over 3 million gun
sales to prohibited purchasers.
• According to a study by the U.S. Department of Justice, between 1994 and
2014, federal, state, and local agencies conducted background checks on more
than 180 million firearm applications and denied 2.82 million gun sales to
prohibited purchasers; and
WHEREAS, despite this success, the system is undermined by legal loopholes and
missing records that enable too many dangerous individuals to obtain weapons they later use in
crimes; and
WHEREAS, it is estimated that state and federal agencies have failed to report more
than one million records of persons with dangerous mental illness into the National Instant
Criminal Background Check System ("NICS") which initiates background checks into three
databases: the National Crime Information Center (NCIC), the Interstate Identification Index,
and the NICS Index; and
WHEREAS, on April 16, 2007, Seung-Hui Cho shot and killed 32 people at Virginia
Tech with guns that were legally purchased because records of his mental health status were
missing from the NICS; and
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WHEREAS, on January 8, 2011, Jared Loughner, a person with a reported history of
drug abuse and serious mental illness who should have been in the NICS database but was not,
killed six Tucsonans — Christina-Taylor Green, Dorothy Morris, Judge John Roll, Dorwan
Stoddard, Phyllis Schneck, and Gabe Zimmerman — and shot 13 others, including U.S.
Congresswoman Gabrielle Giffords; and
WHEREAS, on July 20, 2012, James Holmes, using a semi-automatic rifle and other
guns, allegedly shot and killed 12 people and injured at least 58 others in a movie theater in
Aurora, Colorado, using some of the thousands of rounds of ammunition that the shooter had
purchased online without any background check; and
WHEREAS, on August 5, 2012, Wade Michael Page, using a semi-automatic handgun,
allegedly shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin;
and
WHEREAS, on October 21, 2012, Radcliffe Haughton, using a semi-automatic handgun,
shot and killed his estranged wife and two others; although a restraining order had been issued
against Haughton — making him a person prohibited from making firearm purchases under
federal law — Haughton was able to avoid a background check by purchasing the gun from a
private seller through armslist.com; and
WHEREAS, on December 14, 2012, Adam Lanza, using two semi-automatic handguns,
shot and killed 27 people, including 20 children at Sandy Hook elementary school; and
WHEREAS, the shooter in the Sutherland Springs, Texas massacre should have been
prevented from purchasing any firearm because of a domestic violence conviction and court-
martial while in the United States Air Force; however, according to news reports, the Air Force
did not provide the conviction to the FBI National Crime Information Center database; and
WHEREAS, in the wake of the Virginia Tech shootings, Virginia and other states have
submitted hundreds of thousands of new mental health records into the NICS database, yet 19
states have each submitted fewer than 100 mental health records since that massacre; and
WHEREAS, under federal law, licensed gun dealers are mandated to conduct NICS
checks before proceeding with a sale, but this requirement does not apply to so-called private
sellers who are present in large numbers at gun shows and sell guns over the internet; and
WHEREAS, it is estimated that 6.6 million guns were sold privately in the U.S. between
November 2011 and November 2012, and undercover investigations have shown that many
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private sellers at gun shows and online will proceed with sales even when they are made aware
that prospective purchasers cannot pass a background check; and
WHEREAS, more than 12,000 Americans are murdered with guns every year, and too
many of these crimes are committed by individuals who are barred from purchasing or
possessing guns under federal law; and
WHEREAS, other tragedies including the 1999 Columbine High School shooting in
Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at a
Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through
unregulated private sales, with no paperwork required and no questions asked; and
WHEREAS, the Fix Gun Checks Act was introduced in the U.S. Congress, and this
legislation would have addressed the two major flaws in the nation's gun background check
system by improving compliance with federal record reporting requirements, and by requiring
background checks for all U.S. gun sales; and
WHEREAS, 90 percent of Americans and 90 percent of gun owners support fixing gaps
in the gun background check database, and 86 percent of Americans, 82 percent of gun owners
nationwide, and 74 percent of National Rifle Association ("NRA") members support mandatory
criminal background checks for all gun sales; and
WHEREAS, more than 50 national organizations support closing gaps in the gun
background check database and requiring a background check for all gun sales, including the
U.S. Conference of Mayors, National Urban League, National Association for the Advancement
of Colored People, and the National Coalition Against Domestic Violence, the International
Association of Chiefs of Police, the Major Cities Chiefs Association and the Police Executive
Research Forum; and
RED FLAG LAWS
WHEREAS, implementation of RED FLAG LAWS, allows a community to protect
itself and according to Everytown For Gun Safety:
• Like many mass shooters, the 19-year-old suspected of shooting and killing at
least 17 people and injuring at least 14 others at Marjory Stoneman Douglas
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High School in Parkland, Florida displayed warning signs prior to the
shooting; unfortunately, Florida does not have a Red Flag Lawa law
increasingly being adopted by states that empowers family members and law
enforcement to seek an Extreme Risk Protection Order, a court order
temporarily restricting a person's access to guns when they pose a danger to
self or others. Five states have Red Flag Laws in place—and bills are
currently pending in another 18 states.
• Red Flag Laws can save lives by creating a way for family members and law
enforcement to act before warning signs escalate into tragedies.
• When a person is in crisis, loved ones and law enforcement are often the first
to see signs that they pose a threat; Red Flag Laws allow them to seek help
from a court to remove guns from dangerous situations.
• Red Flag Laws empower law enforcement and immediate family members to
petition a court for an Extreme Risk Protection Order, sometimes called a Gun
Violence Restraining Order.
• If a court finds that a person poses a significant danger of injuring himself or
herself or others with a firearm, that person is temporarily prohibited from
purchasing and possessing guns and is required to turn over guns while the
order is in effect.
• Five states have Red Flag Laws—and bills are currently pending in another 18
states, including Florida.
• A nationwide study of mass shootings from 2009 to 2016 revealed that in least
42 percent of those incidents, there is documentation that the attacker
exhibited dangerous warning signs before the shooting.
• The alleged mass shooter who shot and killed 17 people and injured 14 others
at the Douglas High School in Parkland, Florida on February 14, 2018 also
displayed warning signs prior to the shooting. He was expelled from school,
and students and teachers reported that he displayed threatening behavior. His
mother contacted law enforcement on multiple occasions regarding his
behavior, and he was known to possess firearms.
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• Final orders—which generally last for up to one year—can only be issued
after notice and an opportunity to be heard. At the hearing, the person would
have the chance to respond to evidence that he or she is too dangerous to have
a gun.
• A temporary order—which typically lasts 14 to 21 days—can be issued before
a full hearing is held, but only if there is clear evidence that an order is
necessary to prevent immediate danger; and
WHEREAS, currently pending in the Florida Legislature is House Bill 231/Senate Bill
530 which would implement a Red Flag Law, and had these bills been passed and signed into
law, there is a high likelihood that the Parkland massacre would have been averted and those
loved ones saved; and
MINORS UNDER FLORIDA LAW ARE PERMITTED TO PURCHASE GUNS
WHEREAS, according the Giffords Law Center to Prevent Gun Violence:
• Laws imposing minimum age requirements for the possession and purchase of
firearms are intended to decrease access to firearms by young people and,
correspondingly, to decrease the number of suicides, homicides, and
unintentional shootings among that population;
• In 2014, 21,101 people under the age of 21 were shot by guns; 3,265 died
from those gunshot wounds. Of these deaths, 1,925 were classified as
homicides, 1,145 as suicides, and 122 as the result of unintentional shootings;
• Firearms were used in 41% of suicide deaths among individuals under age 21
in 2014.
WHEREAS, according the Giffords Law Center to Prevent Gun Violence:
• Federal law in this area distinguishes between long guns (assault style rifles,
rifles and shotguns) and handguns, and between gun possession and gun sales.
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Federal law also provides stronger age restrictions for sales by licensed gun
sellers.
• Licensed firearms dealers may not sell or deliver a handgun or ammunition for
a handgun to any person the dealer has reasonable cause to believe is under
age 21.
• Dealers may not sell or deliver a long gun, or ammunition for a long gun, to
any person the dealer knows or has reasonable cause to believe is under age
18.
• Unlicensed persons may not sell, deliver or otherwise transfer a handgun or
handgun ammunition to any person the transferor knows or has reasonable
cause to believe is under age 18, with certain exceptions.
• Unlicensed persons may sell, deliver, or otherwise transfer a long gun or long
gun ammunition to a person of any age;
WHEREAS, in summary, with some exceptions, federal law prohibits the possession of
a handgun or handgun ammunition by any person under the age of 18 but does not set a
minimum age for the possession of long guns or long gun ammunition; and
WHEREAS, under Florida law, the purchase of a long gun is allowed for a person under
21 years of age; and
WHEREAS, in order to restrict such purchase, possession or both of a long gun, high
capacity magazines and ammunition, the Florida legislature would need to amend Fla. Stat. §§
790.17(2), 790.18; and Fla. Stat. § 790.22(3), (5); and
ASSAULT WEAPON AND HIGH CAPACITY MAGAZINE RESTRICTIONS HAVE
BEEN HELD CONSTITUTIONAL
WHEREAS, Maryland, Connecticut and New York, in response to mass shootings
resulting in the massacre of students, teachers and others, passed similar prohibitions on sales of
assault weapons and large capacity magazines; and
WHEREAS, after lengthy litigation, those laws were upheld by U.S. Federal Courts as
constitutional, concluding that the Second Amendment does not reach to protect the purchase
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and sale of weapons of war. Kolbe v. Hogan, 849 F.3d 114 (Fourth Cir. 2017); New York State
Rifle and Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015); and
WHEREAS, in response to the Sandy Hook massacre, Maryland enacted the State's
Firearm Safety Act of 2013 (the "FSA"), which bans the AR-15 and other military-style rifles
and shotguns (referred to as "assault weapons") and detachable large-capacity magazines,
providing "that a person may neither "transport an assault weapon into the State" nor "possess,
sell, offer to sell, transfer, purchase, or receive an assault weapon." See Md. Code Ann., Crim.
Law § 4-303(a). The banned assault weapons include "assault long gun[s]" and "copycat
weapon[s]." Id. § 4-301(d)."; and
WHEREAS, the Maryland FSA defines an assault long gun as a rifle or shotgun "listed
under § 5-101(r)(2) of the Public Safety Article," including the "Colt AR-15," "Bushmaster
semi-auto rifle," and "AK-47 in all forms." See Md. Code Ann., Crim. Law § 4-301(b); Md.
Code Ann., Pub. Safety § 5-101(r)(2). The list of prohibited rifles and shotguns consists of
"specific assault weapons or their copies, regardless of which company produced and
manufactured that assault weapon." See Md. Code Ann., Pub. Safety § 5-101(r)(2)"; and
WHEREAS, the Maryland FSA provides a separate definition for a copycat weapon that
is premised on a weapon's characteristics, rather than being identified by a list of specific
firearms. In relevant part, a copycat weapon means: (i) a semiautomatic centerfire rifle that can
accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a grenade
launcher or flare launcher; or 3. a flash suppressor; (ii) a semiautomatic centerfire rifle that has a
fixed magazine with the capacity to accept more than 10 rounds; (iii) a semiautomatic centerfire
rifle that has an overall length of less than 29 inches; * * * (v) a semiautomatic shotgun that has a
folding stock; or (vi) a shotgun with a revolving cylinder. See Md. Code Ann., Crim. Law § 4-
301(e)(1)."; and
WHEREAS, "[i]n banning large-capacity magazines along with assault weapons, the
FSA provides that "[a] person may not manufacture, sell, offer for sale, purchase, receive, or
transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a
firearm." See Md. Code Ann., Crim. Law § 4-305(b). A detachable magazine is defined as "an
ammunition 123 feeding device that can be removed readily from a firearm without requiring
disassembly of the firearm action or without the use of a tool, including a bullet or cartridge." Id.
§ 4-301(f)."; and
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WHEREAS, "[u]nder the FSA's exceptions, "[a] licensed firearms dealer may continue
to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the
licensed firearms dealer lawfully possessed on or before October 1, 2013," and "[a] person who
lawfully possessed, has a purchase order for, or completed an application to purchase an assault
long gun or a copycat weapon before October 1, 2013, may ... possess and transport the assault
long gun or copycat weapon." See Md. Code Ann., Crim. Law § 4-303(b)(2), (3)(i). The FSA
does not ban the possession of a large-capacity magazine. Further, the FSA explicitly allows the
receipt and possession of an assault weapon or large-capacity magazine by a retired Maryland
law enforcement officer if the assault weapon or large-capacity magazine "is sold or transferred
to the person by the law enforcement agency on retirement" or "was purchased or obtained by
the person for official use with the law enforcement agency before retirement." Id. § 4-302(7).",
and
WHEREAS, the Kolbe Court stated "[s]imply put, AR-15-type rifles are "like" M16
rifles under any standard definition of that term. See, e.g., Webster's New International
Dictionary 1431 (2d ed. 1948) (defining "like" as "[h]aving the same, or nearly the same,
appearance, qualities, or characteristics; similar"); The New Oxford American Dictionary 982
(2d ed. 2005) (defining "like" as "having the same characteristics or qualities as; similar to").
Although an M16 rifle is capable of fully automatic fire and the AR-15 is limited to
semiautomatic fire, their rates of fire (two seconds and as little as five seconds, respectively, to
empty a thirty-round magazine) are nearly identical. Moreover, in many situations, the
semiautomatic fire of an AR-15 is more accurate and lethal than the automatic fire of an M16.
Otherwise, the AR-15 shares the military features—the very qualities and characteristics—that
make the M16 a devastating and lethal weapon of war."; and
WHEREAS,the Kolbe Court held"[w]hatever their other potential uses—including self-
defense—the AR-15, other assault weapons, and large-capacity magazines prohibited by the
FSA are unquestionably most useful in military service. That is, the banned assault weapons are
designed to "kill[ ] or disabl[e] the enemy" on the battlefield. See J.A. 735. The very features
that qualify a firearm as a banned assault weapon—such as flash suppressors, barrel shrouds,
folding and telescoping stocks, pistol grips, grenade launchers, night sights, and the ability to
accept bayonets and large-capacity magazines—"serve specific, combat-functional ends." See id.
at 1120. And, "[t]he net effect of these military combat features is a capability for lethality-
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more wounds, more serious, in more victims—far beyond that of other firearms in general,
including other semiautomatic guns." Id. at 1121-22."; and
WHEREAS, the Kolbe Court found, "[1]ikewise, the banned large-capacity magazines
are particularly designed and most suitable for military and law enforcement applications. See
J.A. 891 (noting that large-capacity magazines are meant to "provide soldiers with a large
ammunition supply and the ability to reload rapidly"). Large-capacity magazines enable a
shooter to hit "multiple human targets very rapidly"; "contribute to the unique function of any
assault weapon to deliver extraordinary firepower"; and are a "uniquely military feature" of both
the banned assault weapons and other firearms to which they may be attached. See id. at 1151.";
and
WHEREAS, the Kolbe Court concluded, "[b]ecause the banned assault weapons and
large-capacity magazines are clearly most useful in military service, we are compelled by Heller
to recognize that those weapons and magazines are not constitutionally protected."; and
WHEREAS, the en banc panel of the Fourth Circuit in Kolbe held that "[1] banned
weapons and magazines were not protected by Second Amendment; [2] the Maryland FSA did
not violate Equal Protection Clause; and [3] the Maryland FSA was not void for vagueness under
Due Process Clause;" and
WHEREAS, the Kolbe holding that such reasonable restrictions did not violate the
Second Amendment was consistent with the earlier holding of the Second Circuit in New York
State Rifle and Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015) which held: "[1]
laws prohibiting possession of certain semiautomatic weapons, large-capacity magazines, and on
number of bullets in a magazine would be reviewed under intermediate scrutiny; [2] prohibitions
on possessing certain semiautomatic assault rifles with one or more military-style features did
not violate the Second Amendment's right to bear arms; [3] prohibitions on possessing large-
capacity magazines do not violate the Second Amendment's right to bear arms; [4] New York
law prohibiting possession of a magazine for a firearm loaded with more than seven rounds
violated the Second Amendment right to bear arms; [5] laws criminalizing possession of
magazines that could be "readily restored or converted to accept" more than ten rounds were not
unconstitutionally vague; [6] Connecticut law prohibiting possession of certain specified
firearms and any "copies or duplicates thereof with the capability of" the listed models was not
unconstitutionally vague; [7] New York law prohibiting possession of semiautomatic pistols that
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were semiautomatic versions of an automatic rifle, shotgun or firearm" was not
unconstitutionally vague; and [8] provision of New York law prohibiting semiautomatic assault
rifles with a"muzzle break"was not unconstitutionally vague;"and
WHEREAS, presently pending in Florida is similar legislation, Senate Bill 196/11ouse
Bi11219 which would prohibit "the sale or transfer of an assault weapon or large-capacity
magazine; specifying circumstances in which the manufacture or transportation of assault
weapons or large-capacity magazines is not prohibited; providing enhanced criminal penalties
for certain offenses when committed with an assault weapon or large-capacity magazine, etc.;"
and
WHEREAS, following the lead of other states, and having had Federal Courts
consistently hold that such restrictions are constitutional, it is time to implement such
restrictions; and
FLORIDA LAW INAPPROPRIATELY PUNISHES ELECTED OFFICIALS FOR
TRYING TO PROTECT THEIR RESIDENTS
WHEREAS, in 1987, the Florida Legislature passed Chapter 87-23, Laws of Florida,
which created Florida Statutes section 790.33 and declared the preemption of the whole field of
regulation of firearms and ammunition, reserving the exclusive right to regulate, enforce or both
any laws involving firearms and ammunition to the Florida Legislature and the State of Florida;
and
WHEREAS, in 2011, the Florida Legislature passed and Governor Scott signed Chapter
2011-109, Laws of Florida to allow the Governor to remove from office, without due process of
law, any person acting in an official capacity for a local authority, including an elected official,
who passes an ordinance or causes to be enforced a local ordinance, administrative rule or
regulation impinging on the exclusive authority of the Florida Legislature to regulate firearms
and ammunition in all respects; and
WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 provides for
personal liability of any person who enacts or causes to be enforced any local ordinance
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impinging upon the Legislature's occupation of the whole field of regulation of firearms and
ammunition; and
WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 also provides that
if a Court finds a willful or knowing violation of the prohibition on the ability of local
government to regulate or enforce firearms or ammunition in any regard, the Court may impose a
personal fine of up to $5,000.00 on the elected or appointed local government official(s) or
administrative agency head and cause the county, agency, municipality, district or other entity to
reimburse the legal cost of those who sue to overturn the ordinance, rule, regulation and
enforcement effort and to pay their actual damages; and
WHEREAS, pursuant to Florida Statutes section 790.33, local communities appear
powerless to enumerate elements of the standard of care which should be met to protect the
community; and
WHEREAS,the City Commission of the City of Dania Beach, Florida urgently requests
the Governor and Legislature of the State of Florida to address this deficit in law by enacting
legislation that would allow municipalities the ability to address these public health, safety and
welfare items by enacting local legislation without fear of fines and removal from office, in
accordance with the unique local characteristics of a community and with due respect to the risk
to public; and
WHEREAS, local governments have a duty to protect their residents, children, visitors,
tourists and businesses and that such duty should not be infringed upon by State government;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and they are made a specific part of this Resolution.
Section 2. That the City supports federal legislation that would require a background
check for every firearm sale whether the legislation is enacted by passage of the Fix Gun Checks
Act in the United States Congress or some other legislation.
Section 3. That the City urges the Florida legislature to immediately pass House Bill
231/ Senate Bill 530, popularly described as a "Red Flag Law," to protect our community from
those who are identifiable as a threat to safety and security.
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Section 4. That the City urges immediate amendment to Florida law to raise the age
for legal purchase of guns, including long guns, high capacity magazines, and ammunition, to 21
years of age.
Section 5. That the City urges immediate passage of legislation that would remove
military-style weapons and high-capacity magazines from our community and especially our
schools and that would increase the minimum age to purchase and possess a weapon from age 18
to age 21.
Section 6. That City urges the Florida Legislature to repeal the draconian punitive
punishments of elected officials set forth in Florida Statutes section 790.33.
Section 7. That the City urges Florida Governor Rick Scott to take action to pass gun
reform, even if it means extending the 2018 legislative session,to:
a. Raise the minimum age to allow the purchase of guns and ammunition to 21;
b. Eliminate the loopholes in the private transfer of weapons and require full
background checks for all sales and transfers of firearms;
C. Repeal the prohibitions and penalties in Section 790.33(3), Florida Statutes;
d. Enact legislation regarding Red Flag Law to allow Extreme Risk Protection
Orders such as those proposed in House Bill 231 and Senate Bill 530; and
e. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill 219 to
place constitutional restrictions on the sale and transfer of assault-style weapons
and high-capacity magazines.
Section 8. That the City Clerk is directed to distribute copies of this Resolution to
President Donald Trump, Governor Rick Scott, the United States Congressional Delegations
from Florida,the Broward County Legislative Delegation, and the Broward League of Cities.
Section 9. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
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Section 10. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on February 27, 2018.
ATTEST: oIs
LOUISE STILSON, CMC AMARA JAME
CITY CLERK MAYOR
as
APPROVED AS FM D CORRECTNESS:
THOMAS J. AA3R
CITY ATTORNEY
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