LTC 231-2018 City of South Miami Resolution NO. 032-18-15064MIAMI BEACH
OFFICE OF THE CITY CLERK
No.
231-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: April 26, 2018
SUBJECT: CITY OF SOUTH MIAMI RESOLUTION NO. 032-18-15064
Attached for your information is Resolution No, 032-18-15064, adopted by the Mayor and
Commission of the City of South Miami on March 6, 2018.
A RESOLUTION CALLING UPON LOCAL GOVERNMENTS TO PROHIBIT GUN
SHOWS ON GOVERNMENT PROPERTY IN FLORIDA.
The City of South Miami 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/Ic
Attachment
F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Resolution 032-18-15064 City of South Miami.docx
RESOLUTION NO. 032-18-15064
A Resolution calling upon local governments to prohibit gun shows on
government property in Florida.
WHEREAS, more than 4,000 gun shows, dedicated primarily to the sale or exchange of
firearms, are held annually in the United States'; and
WHEREAS, guns enter illegal commerce through one of three ways: (1) by private
transactions in which guns bought and later sold at gun shows, flea markets, or through private
sales to prohibited persons; (2) by straw purchasers who are individuals who buy guns from
dealers and transfer them to the prohibited persons; and (3) by theft where firearms are stolen
from gun dealers and private citizens2; and
WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") was
established to protect communities from violent criminals, criminal organizations, the illegal use
and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings,
acts of terrorism, and the illegal diversion of alcohol and tobacco products; and
WHEREAS, to address the illegal use and trafficking of firearms, the ATF issues
Federal firearms licenses to enable an individual or a company to engage in a business pertaining
to the manufacture or importation of firearms and ammunition, or the interstate and intrastate
sale of firearms; and
WHEREAS, to ensure that a purchaser is not a felon or otherwise prohibited from
possessing firearms, Federal firearms licensees (FFI,$) must contact the Federal Bureau of
Investigations National Instant Criminal Background Check System (NICS) in compliance with
the Brady Handgun Violence Prevention Act ("Brady Act"), enacted on November 30, 1993; and
WHEREAS, the Brady Act imposes a 5 -day waiting period before a licensed importer,
manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The
waiting period applies only in states without an acceptable alternate system of conducting
background checks on handgun purchasers; and
WHEREAS, there is a loophole in the Brady Act because it does not apply to the sale of
firearms by nonlicensees, who make up at least one-quarter, and up to half, of the sellers of
firearms at gun shows3; and
WHEREAS, in 2000, the ATF published an analysis of more than 1,530 trafficking
investigations over a two -and -a -half-year period and found gun shows to have the second highest
number of trafficked guns per investigation. These investigations involved a total of 84,128
firearms that had been diverted from legal to illegal commerce. All told, the report identified
I https://www.atf.gov/file/57506/download
2 https://www.atf.gov/resource-center/how-guns-flow-legal-illegal-commerce
31bid.
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Res. No. 032-18-15064
more than 26,000 firearms that had been illegally trafficked through gun shows in 212 separate
investigations4; and
WHEREAS, there are three upcoming gun shows in Miami, Florida, that will be taking
place at the Dade -County Fairgrounds, 10901 Southwest 24 Street, Miami, FL 33165; and
WHEREAS, the Dade -County Fairgrounds is owned by Miami -Dade County5; and
WHEREAS, there are numerous other gun shows to be held around Florida on
government property such as the Florida State Fairgrounds in Tampa, the RP Funding Center in
Lakeland, and the Central Florida Fairgrounds in Orlando, to name a few; and
WHEREAS, in the wake of the Parkland school tragedy in February 2018, Fort
Lauderdale's Mayor, Jack Seiler, requested the cancellation of the Florida Gun and Knife show,
scheduled to take place March 17 - 18, 2018, inside the War Memorial Auditorium (owned and
operated by the City of Fort Lauderdale6). The organizers and operators cancelled the event at his
request; and
WHEREAS, gun shows, which exploit the Brady Act loophole, will add to the
proliferation of guns in illegal commerce which can lead to more gun violence, loss of life,
serious injuries in the surrounding communities and elsewhere; and
WHEREAS, government property should not be used to abet the entry of guns into
illegal commerce; and
WHEREAS, recreational government facilities serve the residents best when used for
events that enrich the community and provide educational activities for our youth.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami Commission hereby calls upon local governments to
prohibit gun shows on government property in Florida.
Section 2. The City Clerk shall forward a copy of this resolution to all municipalities and
counties in the State of Florida and Miami -Dade County Fair & Exposition, Inc.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption.
a
https://en.wikipedia.org/wiki/Gun_shows_in_the_United_States
5 Property Folio: 30-4007-000-0010
http://www.fortlauderdale.gov/departments/parks-recreation/war-memorial-auditorium
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Res. No. 032-18-15064
PASSED AND ADOPTED this 6th day of March
, 2018.
APPROVED: /
i
READ AND A' PROVED AS TO FORM, COMMISSION VOTE: 5-0
LANGUA ►.a' GALT D EXECUTION Mayor Stoddard: Yea
EXEC ! HE' ' Vice Mayor Harris: Yea
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Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
CITY . TTORN
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