Ordinance 1697�
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ORDINANCE N4. " � 1697
AN ORDINANCE AMENDING CHAPTER 25 OF
"THE CODE OF THE CITY OF MIAMI BEACH
FLORIDA", BY REPEALING SECTIONS 25.104
THROUGH 25.107, AND ADDING NE��J SECTIONS
THERETO, REGULATING THE SALE 4F FIRE�RMS:
REQUIRING THEIR REGISTRATION, AND
RELATED MATTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FI�ORIDA s
SECTIoN 1: That Sections 25.104 through 25.107 of "The Code of
the City of s�tiami Beach, Florida" be and the same
are hereby repealed.
SECTION 2: That Chapter 25 of "The Code of the City of �ii�:ni
Beach, Florida" , be and the same is hereby ��nended
by adding new sections thereto to be numbered and to read as
follows:
Sec. 25.104. S ale of Firearms, Generally.
(a) 'Firearms' definedo The word 'firearm'
as used in this section and the following sections
shall be construed to mean any revolver, pistol,
automatic pistol, shotgun, rifle, machine gun,
sub-machine gun, m�chine pistol, or any fully
automatic weapon capable of firing !nore than one
shot at each pull of the trigger, or any Weapon,
by whatever name known, which is designed to
�xpel a projectile or projectiles by the action
of an explosive, or any firearm muffler or any
firearm silencer, or any part or parts of such
firearms. This section and the following
section, shall not apply to any automatic weapon
with flint or percussion ignition using only
black powder, or to modern replicas of such
weapons, or to antique or replicas of cartridge
pisicols, or rifles using at�nmuna.tion which is no
longer manufactured or commonly sold, or to stud
guns used as tools by tradesmen.
(b) Application. Any person desiring to
purchase or receive delivery of a revolver or
other firearm shall be required to give the
seller or the person fro:n whom delivery shall
be obtained, whether by purchase or gift, in
writing, on a for�n to be supplied by the chief
of police, a duplicate statement containing
true and correct information which shall be signed
by the applicant and shall include the following:
lo Name and any alias or aliases
use3 by applicant.
2. Present address and addresses
of all places where applicant has resided
for the past three years.
3. Occupation, name of employer,
place of employ.,ment, and address.
4. Date of birth, and name of city,
state or country where born.
5o Statement that the applicant
is not a convicted felon in this state or
any other state of the United States
of America...
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6, Date and time application is
made �o pu�chase, borrow, lease, rent, sell
ar trans f er f irearm.
7. Appli�ant's sex, weight, height,
complexion, color of hair, color of eyes.
8. Purpose for which the firearm is
desired.
�'h� person to whom such pistol, revc��.ver or
other firearm is to be sold, le�s�d, loaned, rented or
o•�herwise �ransferred, shall sign the application and
designate his address thereon. The application shall
he accompanied with an application fee of $30 00.
The chief �f police may investigate and verify
all statements in the application form and reserve the
right to refuse the application if the appli�ant is in
violation of any provision in this section or of any
provision of Sections 25.104 through 25.114. Any
app�.icant who believes that his application is wrongfully
refused may appeal within 60 days to the City Council the
prop�iety of said retusal. Upon the filing of such
appeal, the City Council shall cause a hearing to be
held and, based on the evidence contained in the record
of the hearing, either affirm or reverse the decision
of the chief of police. The action of the City Council
shall be subject to jurisdictional review in accordance
with the provision� of the Florida Rules of Civil Procedure.
�ach applicant shall be fingerprinted and
photographed at the time of thE filing of his application
vvith the chief of police. .
If the application appears to be in order and
the a�plicant appears to be lawfull� entitled, in the
judgment of the chief of police, to purchase a firearm
under the provisions of these sections, the chief of
police shall approve said application and deliver the
duplicate thereof to the applicant ar�d retain the original
as a permanent record in the Police Department.
'!'he chief of police shall maintain an index af
every application and registr�tion which shall include
the name and residence of every applicant, the descriptive
date of every fireaxm, the dates of application and
issuance, and the purpose for each registration. The
chief of police shall have 30 days within which to approve
or disapprove �aid application. Any misstatement of fact
shall be cause for revocation of registration by the chief
of police.
Sec. 25.105. It sha�ll be unlawful for any dealer
or person licensed to sell firearms, to sell, lend, lease,
give or deliver any firearm to any pexson unless such
person first presents to the dealer or vendor an application
approved by the chief of police in the manner set forth
in the preceding section.
Sec. 25.106. "Any dealer or vendor of fireaarms,
other than a manufacturer selling to a bona fide
wholesaler or retailer, or a wholesaler selling to a
bona fide retailer shall keep a register of all firearms
sold, lent, leased or delivered, and shall keep an
inventory of all fire�rms in stock, which inventory
shall list the wholesaler or other source of
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acquisition of the firearm and the date of
acquisition by the seller. This regist�er_ shall
be open to insp�ction at .all times �.dur�.ng business
hours by� the chief of police or a duly appointed
representative of his office.
Sec. 25.107. At the time of the sale,
lease, delivery or gift of any firearm, the
seller shall complete a registration form, designed
or approved by the c�iief of golice which shall
contain the time of the sale, lease, gift or
delivery of the firearm, the fu�.l name, address,
age, physica.l _c�escrip�ion and occupation of the
per�on to whom the firearm is sold, l�ased, given
or delivered, the price of the firearm, the kind,
description and serial number or other identifying
marks of the firearm, the purpose for which it is
purchased or o�tained, and the application number.
Sec. 25.108. At the time of such sale,
lease, gift or delivery the seller shall witness
to the best of his knowledge that the information
submitted on the application form by the purchaser
is true and correct, anr� that the transaction is
not in violation of law.
Sec. 25.109. The completed registration
form signed by �oth the seller anc� the purchaser,
shall be m ailed by the seller to the chief of police
no later than 24 hours after the receipt of the- _-
approved application by the dealero
Sec. 25.110. No firearm shall be delivered
to any person until 72 hours after the sale of
any firearm.
Sec. 25.111. The chief of police shall fo-rward
to every purchaser or recipient of a registered
firearm a registration certificate within thirty
days after receipt of the registration form r�quired
to be delivered by the dealer in accordance with
Section 25.10�'. T'he certificate shall state the
full name, address, age, physical description o€ the
registrant, the kind, description and serial number or
other identifying marks of the individual firear�n
to which it applies, and shall not be transfer.abie;
shall be carried simultaneously with the fj rearm and
shall be exhibited to any police officer upon
his demand for inspection. The registration shall
not make lawful the carrying or possession of a
firearm if such carrying or possession is
prohibited by any other law. The registration
provisions of this section shall not apply to
manu�acturers, transporters, or wholesale or retail
sellers of firearms or those persons with
exempt status as hereinafter set forth.
Sec. 25e 112. It shall be unlawful foz any
p�erson knawingly and wilfully to sell, lease,
lend, give or deliver any firearm to any person
under the age of 21; or to
a f elony, or to any person
narcotics, or to users of d
depressants, or to any pers
any person under the influe
beverages, or to any person
from a mental institution w
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any person convicted of
addicted to the use of
rugs, stimu�ants or
on of unsound mind, or to
nce of into�icating
who has been released
ithin the past five years..
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Sec. 25.112a1. The follawing persons sh�l1 be exempt
from the provisions of this ordinance :
(a) �iembers of the militia, national guard, Florida
state guard, arany, navy, air force, marine corps, coast
guard, the organized reserves, and other armed forces
of the state and of the United States, when on duty, or
wnen training or preparing themselves for military duty,
or while subject to recall or mobili.zation;
(b) Sheriffs, marshals prison or jail wardens,
constables, policemen, Florida highway patrolmen,
game waraens, revenue o�ficers, forest officials,
and other peace and law enforcement officers, their
full-time paid deputies and assistants; full-time
paid peace o�ficers of other states, �and of the
federal govern�ment who are carrying out official duties
while in Florida;
(c) Officers or ernployees of the state or United
States duly authorized to carry a concealed weapon.
S ec . 2 5.112 . 2 e The fe 1 lowing sha 11 be exe�npt f rom
the 72-hour waiting period required:
{a) i+Tholesale dealers who have valid state, county
or municipal licenses in their business intercourse
with retail dealers for the sale of firearms; retail
dealers� who have valid state, caunty or municipal
licenses in their business intercourse with other retail
dealers in the regular or ordinary transportation of
unloaded firearmse
(b� Purchasers who have been issued pistol or
revolver permits by any governmental agency (United
States of America, state, county or i�4unicipal) as
speca.al police o�ficers. The applicant must present
�n I.D. ca.rd fro�n the issuing authority.
T,n�henever an identification card is utiliaed for the
waiver of the 72 -hour waiting period as set forth in
the foregoing provisions, the following information
shall be imprinted on the application:
(1) The issuing agency or authority.
(2) The card number.
(3) The �a�ne and address indentical to
that on the carda
�c) Persons who are on record with the Police
Department as having previously purchased a pistol,
revolver or firearm as defined in Section 25.104. �
Sec. 25.113o Any sale of a firearm by a person who is
not a dealer or who is otherwise exempt under the provisions
of these sections shall be subject to the provisions of these
sections in all respects, pravided, however, that a sale of
a firearm from an individual to a dealer shall be exempt from
the provisions �f said sections.
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Sec. 25.114. Every person owning or possessing
a firearm in the City of �tia�ni Beach shall provide
the chief of police with the information set forth in
S ection 25.104(b) hereof on a registration form
designed or approved by the chief of police and it
shall be unlawful for any person to possess a firear�:n,
or firearms in the City of i�iami Beach unless such
firearm or firearms are duly reqistered in accordance
with the provisions thereof; provided that such owner
or possessor shall not be required to be fingerprinted
or photographed or to pay any application feee
� person �nay not possess or harbor any firearm,
whether concealed or not concealed, if such person
is ineligible to register such firearm with the
licensing authority pursuant to the provisions of
this Chapter.
Sec. 25.115. No person shall engage in the
business of selling firearms unless a license shall
have been procured from the City Council as herein
provided, and it shall be unlawful for any person
to engage in the business of selling firearm� without
first procuring such Zicense frorn the City Council.
Any applicant for a license to engage in the business
of selling firearms shall fi1e, under oath, duly
authenticated, an application setting forth the appli-
cant's full name, age, and occupation. Each applicant
shall be fingerprinted and photographed by the Police
Department and a print of such photograph shall be
attached to the application. The City Council shall
cause a full investigation to be made into the character,
business integrity and past history of the appliCant.
If, after such investigation, the applicant i� found
to be of good char3cter and business integrity, the
City Council shall approve said application.
L�To license shall be issued to any person con-
vict�d of a felony or to any minor. Licenses issued
under the provisions of this section shall be issued
only to individuals and no license shall be issued to
any partnership, firm or corporation. The application
shall be filed with the City Clerk and a copy thereof
shall also be f�,led with the chief of police.
Applicant's license under this section shall
be an annual fee of 25.�0. E�ch person issued a
l.icense under the provisions hereof shall post said
license in a conspicuous place in the licensed
premises and no sale, lease, gift or delivery of
any firearm shall be made other than on the premises
licen�ed hereunder.
Sec. 25.116e It shall be unlawful for any
licensee hereunder to place any firear�t� or ir►itation
thereof in any display window of the licensed premises.
Sec. 25.117. Any person staging any
shall be required to obtain a. license from
of police in the same manner as set forth
of this Ordinance o
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gun show
the ch ie f
in Sec . 25 .104
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S ec. 25.118. No lic�nse issued under the
provisions of these sections shall be transferable
or assignable from one person to another person,
or from one location to another location.
�ec. 25.119. The failure of any pers4n licensed
to sell, rent, lease or deliver firearms under thes�
sections shall be subject to revocation for the
violation of any provision of the�e sectionso
SECTION 3e Any person who carries a firearm on his person and
to wham no registration certifi�ate �►as been issued
pursuant to the provisions of this ordinance sh�.11, upon conviction,
be sentenced to imprisonment for not less than thirty (30) dayso
Any person violating any other provision of this ordinance shall
�ipon conviction, be subject to a fine not exceeding one thousand
dal l ars ($1 , 4�J�, 04) , or imprisonment not exceeding ninety (90 )
days, or both.
SECTION 4: That a11 ordinances or parts of ordinances in
conflict herewith be and the saine are hereby
repealeda
SECTION 5. : The health and we1�E�re of the City being in peril,
the three readings of this ordinance sh�ll be had
in one session and the City Council finding that this ordinance
is necessary for the immediate protection of its citizens, it
shall therefore go into effect im�nedi�tely upon its passage.
PASSED and ADOPTED this 26Ch day of June , 1968.
ATT ES T :
ity Clerk and Finance Director
lst reading - June 26, 1968
2nd reading - June 26, 1968
3rd reading - June 26, 1968
POSTED - June 26, 1968
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STATE OF �'LORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City C lerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1697 entitled:
"AN ORDINANCE AMENDtNG CHAPTER 25 OF 'THE CODE OF THE CtTY OF M1AM1
BEACH, FLORIDA' BY REPEALING SECTIONS 25.104 iHROUGH 25.107, AND
ADDING NEW SECTIONS THERETO, REGULATiNG THE SALE OF FIREARMS;
REQUIRING THEIR REGtSTRATiON, AND RELATED MATTERS"'
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 26th day of June, 1 g68,
and that said prdinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter ;
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 21 st day of August, 1968.
City Clerk and Finance Director
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