LTC 246-2018 TOWN OF CUTLER BAY RESOLUTION NO. 18-31MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 246-2018
TO:
FROM: Rafael E. Granado, City Clerk
DATE: May 3, 2018
SUBJECT: TOWN OF CUTLER BAY RESOLUTION NO. 18-31
LETTER TO COMMISSION
Mayor Dan Gelber and Members of the City Commission
Attached for your information is Resolution No. 18-31, adopted by the Mayor and Commission of
the Town of Cutler Bay on April 18, 2018.
A RESOLUTION OF THE TOWN OF CUTLER BAY, FLORIDA, SUPPORTING
THE 2018 LEGISLATIVE POSITIONS OF THE INTERNATIONAL ASSOCIATION
OF CHIEFS OF POLICE (IACP) TO REDUCE FIREARMS VIOLENCE AND
TARGET ILLEGAL GUNS; SUPPORTING LEGISLATION PROHIBITING THE
POSSESSION OR TRANSFER OF CERTAIN FIREARM ACCESSORIES;
SUPPORTING LEGISLATION OPPOSING CONCEAL CARRY RECIPROCITY
LEGISLATION; OPPOSING THE SALE OF ARMOR -PIERCING AND TRACER
AMMUNITION; SUPPORTING LEGISLATION OPPOSING THE REMOVALS OF
SILENCERS (SUPPRESSORS) FROM THE NATIONAL FIREARMS ACT OF
1934; SUPPORTING THE NATIONAL VIOLENT DEATH REPORTING SYSTEM;
PROVIDING FOR TRANSMITTAL; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Town Clerk of Cutler Bay 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\LJLIA\LTC's - Transmittal's\Resolution 18-31 Town of Cutler Bay.docx
RESOLUTION NO. 18-31
A RESOLUTION OF THE TOWN OF CUTLER BAY,
FLORIDA, SUPPORTING THE 2018 LEGISLATIVE
POSITIONS OF TRE INTERNATIONAL ASSOCIATION
OF CHIEFS OF POLICE (IACP) TO REDUCE FIREARMS
VIOLENCE AND TARGET ILLEGAL GUNS;
SUPPORTING LEGISLATION PROHIBITING THE
POSSESSION OR TRANSFER OF CERTAIN FIREARM
ACCESSORIES, SUPPORTING LEGISLATION OPPOSING
CONCEAL CARRY RECIPROCITY LEGISLATION;
OPPOSING THE SALE OF ARMOR -PIERCING AND
TRACER AMMUNITION; SUPPORTING LEGISLATION
OPPOSING THE REMOVALS OF SILENCERS
(SUPPRESSORS) FROM THE NATIONAL FIREARMS ACT
OF 1934; SUPPORTING THE NATIONAL VIOLENT
DEATH REPORTING SYSTEM; PROVIDING FOR
TRANSMITTAL; PROVIDING FOR IMPLEMENTATION,
AND PROVIDING FOR AN EFFECTIVE DA FE
WHEREAS, the International Association of Chiefs of Police ("IACP") has established
its "Policy Priorities for the 115th U.S. Congress," providing its legislative positions on reducing
firearms violence and targeting illegal guns, which includes: prohibiting certain firearm
accessories; opposing conceal carry reciprocity; opposing the sale of atmor-piercing and tracer
ammunition; opposing the deregulation of silencers (suppressors); and supporting the expansion
of the National Violent Death Reporting System ("NVDRS"); and
WHEREAS, the Town of Cutler Bay (the "Town") is 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 should take action; and
WHEREAS, the National Firearms Act of 1934 ("NFA") describes an automatic weapon
as any weapon which shoots, is designed to shoot, or can be readily restored to shoot
automatically more than one shot without manual reloading, by a single function of the trigger
and explicitly ir.cludes any part designed and intended solely and exclusively, or combination of
parts designed and intended for use in converting a weapon into a machine gun, and
WHEREAS, a trigger crank, bump -fire device, and similar attachments or accessories
are designed or can function to increase the rate of fire of a semiautomatic firearm to that of an
automatic weapon increasing the potential harm to the general public; and
WHEREAS, the Law Enforcement Officers Safety Act (LEOSA) of 2004 enables retired
law enforcement officers to can a concealed weapon throughout the United States; and
WHEREAS, bills introduced in Congress could give the same concealed carry authority
to untrained and unqualified people; and
WHEREAS, allowing untrained persons who have no familiarity with a handgun or the
mechanical and legal complexities involved with using a handgun and allowing thein to carry
one in public is irresponsible and puts the general public at risk; and
WHEREAS, it is a concern that individual states that have mandated training
requirements for carrying a concealed weapon be forced to accept the concealed carry permits of
persons from
states that have no requirementswhatsoever; and
or
WHEREAS, there is no purpose, sporting or otherwise, for annor-piereing ammunition
acer ammunition, other than for law enforcement's use in the course of their work; and
WHEREAS, such ammunition simply should not be available for civilian use; and
WHEREAS, legislation currently under consideration in the United States Congress
(H.R. 3668 -The Sportsman Heritage and Recreational Enhancement Act) would reduce the
ability of government agencies to prevent or prohibit the sale of armor -piercing ammunition; and
WHEREAS, current federal law does not define "armor -piercing" in the practical terms
of a handgun round's actual performance (i.e., whether it is capable of piercing ballistic annor):
but in terms of round content and weight; and
WHEREAS, H.R. 3668 further weakens that standard by stating that to be classified as
armor piercing, ammunition must have been specifically designed by the manufacturer for that
purpose, regardless ofwhether or not it actually can penetrate body armor; and
WHEREAS, the NFA has effectively regulated silencers (suppressors) for over 80 years
and they are rarely trafficked or used in crimes. In rare incidents where criminals have used
silencers (suppressors) to alter or diminish the sound of gunfire, the results have been deadly;
and
WHEREAS, silencers (suppressors) are a particular threat to the security of our nation's
law enforcement, as shown by the fact that firearms -related deaths were the number one cause of
death for law enforcement in 2016 and law enforcement officers are particularly vulnerable to
ambush -style killings; and
WHEREAS, the deregulation of silencers (suppressors) from the NFA, would allow
individuals prohibited under federal law from owning silencers (suppressors) to easily acquire
them without a background check and halm law enforcement and our communities; and
WHEREAS, in 2015, per the Center for Disease Control and Prevention (CDC), over
61,000 people died violently in the United States, which is seven people dying each hour,
approximately 17,000 people died as a result of homicide, and 44,000 died from suicide; and
WHEREAS, per the CDC, violent deaths, including homicides and suicides, cost the
United States more than $76 billion in medical care and work -loss costs every year, in addition
to the erosion of communities and overburdening of social services; and
WHEREAS, violence prevention has been hampered by fragmented and incomplete
information on the circumstances surrounding homicides and suicides that does not afford an
accurate assessment of factors associated with violent death; and
WHEREAS, the NVDRS currently collects data on violent deaths from a variety of
sources, and NVDRS seeks to link records on violent deaths that occurred in the same incident to
help identify risk factors for multiple homicides or homicides -suicides; provide timely
preliminary information on violent deaths (e.g., basic counts of murders and suicides) through
faster data retrieval; describe in detail the circumstances that may have contributed to a violent
death; and to better characterize perpetrators, including their relationships to victims; and
WHEREAS, the Town Council wishes to express its support of the enumerated IACP's
legislative positions regarding gun control and refomi; and
WHEREAS, the Town Council deems it to be in the best interest of the Town's residents
to support the IACP's 2018 legislative positions to reduce firearms violence and target illegal
guns,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF CUTLER BAY, FLORIDA AS FOLLOWS:
15...csjorAlt Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. Support of IACP's Polie Priorities. The Town supports the IACP's
2018 egislative positions regarding reduction of firearms violence and targeting illegal guns.
Section Support of Prohibition ou Certain Firearm Accessories. The Town
supports the IACP Resolution that supports legislation that prohibits the possession or transfer of
certain firearm accessories by:
a. Prohibiting the possession, import, manufacture, transfer and sale of trigger
cranks, bump -fire devices, and similar attachments or and accessories designed to
increase or modify semi-automatic firearms to automatic weapons or similar
legislation;
b. Requiring individuals currently in possession of a trigger cranks, buny-fire
deviee, or and similar attachments or and accessories designed to increase or
modify semi-automatic firearms to automatic weapons to surrender or register
such devices with the ATF under the NFA or similar legislation, and
e. Providing ATF with the resources needed to enforce a mandatory surrender or
registration with respect to bump fire devices and other NFA weapons, including
resources necessary to modernize and upgrade its equipment or similar
legislation.
Section 4. Opposition to Concealed Carr . The Town supports the
position and recommendations of the IACP in that the responsibility of carrying a concealed
weapon should include a minimum of familiarization and training with the weapon carried, basic
instruction on the fundamentals of carrying a concealed weapon, and understanding of when the
use of a concealed weapon is legal and/or advisable. Furthermore, the Town opposes
Congressional Bill H.R.38 - Concealed Carry Reciprocity Act of 2017 and siinilar bills that
provide concealed carry permit holders with immunity from arrest or detention for violation of
any law or any rule or regulation of a state or any political subdivision thereof related to the
possession, transportation, or carrying of &cams.
Section 5. Su .sort of Armor-Piercin and Tracer Prohibition. The Town
supports the Resolution of the IACP opposing H.R. 3668 and supporting legislation and policies
that will prohibit the sale or transfer of armor piercing ammunition. 'The Town believes that
current federal law should be modified to establish that the process utilized to determine whether
a round of ammunition is armor piercing should include performance based testing conducted by
the ATF.
Section 6: 0. �osftion to Dereu1atlon of Silencers. The Town supports the
Resolution of the IACP opposing any efforts to remove silencers (suppressors) from the purview
of the NFA, recognizing how this action would undermine the security of law enforcement and
the safety of the public.
Section 7. Su ort of NVDRS Ex an n, The Town supports the Resolution of the
IACP promoting increased law enforcement awareness of, and agency participation in, the
NVDRS as well as expanded federal funding to enable every state, Tribe, territory, and the
District of Columbia to be included in the NVDRS.
Section 8. Timtnittal. The Town Clerk is hereby directed to send a certified copy
of this resolution to neighboring municipalities, Miami -Dade County, State Representatives and
Senators representing the City in the State Legislature, and U.S. Representatives and Senators
representing the City in the 1.1S. Congress.
Section 9. I leinentation. That the appropriate Town officials are authorized to do
all things necessary and expedient in order to carry out the aims of this Resolution.
So_..kntatL Effective Date. That this Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED this 18" day April, 201 3.
Attest:
,c)
DEBRA E. EASTMAN, MMC
Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
SOLE USE OF THE TOWN OF CUTLER BAY:
TA HELFMAN
COLE, & BIERMAN, P.L.
Town Attorney
Moved By: Council Member Coriat
Seconded By: Council Member Mixon
'
FrNAL VOTE AT ADOPTION:
Mayor Peggy R. Bell YES
Vice Mayor Sue Ellen Loyzelle YES
Council Member Mary Ann Mixon YES
Council Member Michael P. Callahan YES
Council Member Roger Coriat YES