LTC 145-2018 City of Aventura Resolution NO. 2018-33MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
145-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City smmission
FROM: Rafael E. Granado, City Clerk
DATE: March 14, 2018
SUBJECT: CITY OF AVENTURA RESOLUTION NO. 2018-33
Attached for your information is Resolution No. 2018-33, adopted by the Mayor and the
Commission of the City of Aventura on March 6, 2018.
A RESOLUTION OF THE CITY OF AVENTURA, 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
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; SUPPORTING THE FEBRUARY 20, 2018 LETTER
FROM MIAMI-DADE COUNTY, MIAMI-DADE COUNTY PUBLIC SCHOOLS,
AND THE MIAMI-DADE STATE ATTORNEY REQUESTING ADDITIONAL
STATE FUNDING TO PROTECT OUR CHILDREN; AUTHORIZING THE CITY
CLERK TO TRANSMIT THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City of Aventura City Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ih
Attachment
F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Resolution 2018-33 City of Aventura.docx
RESOLUTION NO. 2018-33
A RESOLUTION OF THE CITY OF AVENTURA, 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 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; SUPPORTING THE FEBRUARY 20, 2018 LETTER
FROM MIAMI-DADE COUNTY, MIAMI-DADE COUNTY PUBLIC
SCHOOLS, AND THE MIAMI-DADE STATE ATTORNEY REQUESTING
ADDITIONAL STATE FUNDING TO PROTECT OUR CHILDREN;
AUTHORIZING THE CITY CLERK TO TRANSMIT THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura City Commission has repeatedly passed
Resolutions urging State and Federal elected bodies to strengthen gun laws meant to
protect our community; and
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, and
in 2012 at a Century 16 Movie Theater in Aurora, Colorado; and
WHEREAS, in February 2013, in the wake of numerous mass shootings
culminating in the Sandy Hook Elementary School shooting in Newtown, Connecticut,
the City Commission of the City of Aventura passed Resolution No. 2013-08 to urge the
City of Aventura Resolution No. 2018-33
federal government to reduce gun violence in America through increased background
checks and the banning of military -style assault weapons; and
WHEREAS, in October 2016, following the tragedy at the Pulse Nightclub in
Orlando, the City Commission of the City of Aventura passed Resolution No. 2016-63
urging the Federal and State governments to limit the availability and use of military -
grade high capacity magazine assault weapons to law enforcement agencies; and
WHEREAS, further mass shootings occurred in the 2015 attack at the Inland
Regional Center in San Bernardino, California 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 20 others were
injured. 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[3] and the Waddell Buddhist temple shooting of 199t"; 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 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.
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City of Aventura Resolution No. 2018-33
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
WHEREAS, on January 8, 2011, Jared Loughner, someone 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, ort 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 recently 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; and though a restraining
order had been issued against Naughton — making him a prohibited person 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
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City of Aventura Resolution No, 2O18 -
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 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
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City of Aventura Resolution No. 2O18 -
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, the City of Aventura has been a strong advocate for common-sense
policies that keep guns out of dangerous hands while respecting the rights of law-
abiding gun owners, and strongly believes that Congress and state governments should
take action to close deadly gaps in the NICS; 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, 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 the 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 a high school
in Parkland, Florida displayed warning signs prior to the shooting.
Unfortunately, Florida does not have a Red Flag Law - a 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 bilis 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
themselves or others with a firearm, that person is temporarily
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City of Aventura Resolution No. 2018-33
prohibited from purchasing and possessing guns and is required to
turn over their 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 at 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 a 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.
• 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 they are 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.
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 the Parkland massacre would have been
averted and those loved ones saved; and
MINORS UNDER FLORIDA LAW ARE PERMITTED TO PURCHASE GUNS
WHEREAS, according to 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 and
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;
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City of Aventura Resolution No. 2018-33
Firearms were used in 41% of suicide deaths among individuals under
age 21 in 2014.
WHEREAS, also according to 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. 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 and/or possession of a long gun,
high capacity magazines and ammunition, the Florida legislature would need to amend
Fla. Stat. §§ 790.17(2), 790.18; 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
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City of Aventura Resolution No. 2018-33
WHEREAS, after lengthy ligation, those laws were upheld by U.S. Federal
Courts as constitutional, concluding that the Second Amendment does not reach to
protect the purchase 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
Targe -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 manufacturedthat 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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City of Aventura Resolution No. 2018-33
WHEREAS, "[Older 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 disabi[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 -
more wounds, more serious, in more victims - far beyond that of other firearms in
general, including other semiautomatic guns." Id. at 1121-22."; and
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City of Aventura Resolution No. 2018-33
WHEREAS, the Kolbe Court found, "[I]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[ I" 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 bane 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 Assin, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015)
which held: "[I] 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 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 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
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City of Aventura Resolution No, 2018-33
WHEREAS, presently pending in Florida is similar legislation, Senate Bill
196/House Bill219 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 and/or enforce 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
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
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 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/or enforcement effort and to pay their actual
damages; and
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City of Aventura Resolution No. 2018-33
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 Aventura 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 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, 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 AVENTURA, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are hereby ratified and incorporated
as the legislative intent of this Resolution.
Section 2. 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. 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.
Section 4. 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. The City urges immediate passage of legislation that would get
military -style weapons and high-capacity magazines away 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.
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City of Aventura Resolution No. 2018-33
Section 6. The City urges the Florida legislature to repeal the draconian
punitive punishments of elected officials set forth in Florida Statutes section 790,33.
Section 7. 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;
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. The City supports the attached February 20, 2018 request from
Miami -Dade County, Miami -Dade County Public Schools, and the Miami -Dade County
State Attorney for additional funding to protect our children.
Section 9. The City Clerk is hereby directed to distribute this Resolution to
President Donald Trump, Governor Rick Scott, the United States Congressional
Delegations from Florida, the Miami -Dade County Legislative Delegation, and the
Miami -Dade County League of Cities.
Section 10. Effective Date. This Resolution shall be effective immediately upon
its passage.
The foregoing Resolution was offered by Commissioner Dr, Marks, who moved
its adoption. The motion was seconded by Vice Mayor Shelley, and upon being put to a
vote, the vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 2018-33
PASSED AND ADOPTED this 6th day of March, 2018.
ATTEST:
ELLISA L. HORVATH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ENID WEISMAN, MAYOR
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